Environmental Lead Program

ENFORCEMENT ACTIONS

Please see the following PDF file for the most recent Enforcement Actions for the Environmental Lead Program. 

Current Enforcement Actions   (PDF 16KB)

Enforcement and Compliance
Frequently Asked Questions (FAQs)

1. If a homeowner is hiring a contractor to do renovation on their house, which was built prior to 1978, must the homeowner use a certified lead abatement firm to complete the work?
2. Is a playground considered a child-occupied facility?
3. What method of testing for lead-based paint (LBP) does DSHS require?
4. Must I use an accredited laboratory to analyze lead-based paint samples?
5. Must homeowners use an NLLAP (National Lead Laboratory Accreditation Program)-recognized laboratory to analyze samples they have collected?
6. Does TELRR require target housing or child-occupied facilities to be inspected for lead-based paint (LBP)?
7. If LBP was found during an inspection, does DSHS require its removal?
8. Are LBP inspections required by the TELRR prior to renovation?
9. Are LBP inspections required by the TELRR prior to demolition?
10. Is the use of only dust wipe samples considered adequate for an inspection?
11. Does DSHS regulate lead in ceramic tile?
12. A warehouse, which was constructed prior to 1978, will be converted into condominiums. Do theTELRR apply?
13. A firm is conducting lead-based paint abatement on the exterior of target housing.  Are dust samples for clearance purposes required by the TELRR?
14. What state certification is required when I check target housing or a child-occupied facility for lead paint?
15. Can a certified lead inspector collect paint-chip samples or take X-ray fluorescence (XRF) readings and later, back at the office, give those results to a certified lead risk assessor who has never visited the site to write a lead risk assessment report?

Applicability/Exclusions

1.  If a homeowner is hiring a contractor to do renovation on their house, which was built prior to 1978, must the homeowner use a certified lead abatement firm to complete the work?

No. Renovation or remodeling activities that are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards are exempt for the Texas Environmental Lead Reduction Rules (TELRR).

2.  Is a playground considered a child-occupied facility?

A playground by itself would not be considered a child-occupied facility.  If the playground is associated with a child-occupied facility, then the playground would be considered a common area and TELRR would apply.

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Lead-Based Paint Activities

3.  What method of testing for lead-based paint (LBP) does DSHS require?

DSHS requires testing to be conducted by certified individuals using documented methodologies. Test kits (chemical swabs) are not currently recommended by HUD and EPA. DSHS policy is that the use of swabs for testing is not a documented methodology.

4.  Must I use an accredited laboratory to analyze lead-based paint samples?

For the purposes of conducting lead inspections, lead risk assessments, and clearance sampling, samples collected during the course of these activities must be analyzed by a laboratory recognized by the National Lead Laboratory Accreditation Program (NLLAP) to analyze paint chip, dust or soil samples for lead.  A laboratory may choose to be recognized for one, two, or all three of these types of samples.  NLLAP was established by EPA's Office of Pollution Prevention and Toxics.  To inquire about EPA-recognized laboratories, call the National Lead Information Center toll-free at (800) 424-LEAD or click here to view current the list of EPA-recognized laboratories.

Generally, with few exceptions (see below), homeowners that perform lead activities within residences that they own and reside in are exempt from Texas Environmental Lead Reduction Rules (TELRR).  Therefore, these homeowners are not required to use an NLLAP-recognized laboratory to analyze their own samples.  However, any samples collected by uncertified individuals and analyzed by a laboratory not recognized by NLLAP cannot be used for making an official determination of the presence or absence of lead-based paint.

6.  Does TELRR require target housing or child-occupied facilities to be inspected for lead-based paint (LBP)?

No.  The TELRR do not require inspections for LBP.  However, if target housing or child-occupied facilities are inspected for LBP then Texas Department of State Health Services (DSHS) certified individuals must be used.

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7.  If LBP was found during an inspection, does DSHS require its removal?

No. The TELRR do not require removal of LBP.

8.  Are LBP inspections required by the TELRR prior to renovation?

No. However, it would be advisable to conduct an inspection prior to renovation to prevent unintentional lead exposure to workers, home occupants, and especially children.

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9.  Are LBP inspections required by the TELRR prior to demolition?

No.  LBP inspections are not required by the TELRR prior to demolition.

10.  Is the use of only dust wipe samples considered adequate for an inspection?

No. Dust wipes only measure lead in surface dust. Lead may be present in the underlying paint layers.

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11.  Does DSHS regulate lead in ceramic tile?

No. The TELRR only regulates lead-based paint in target housing and child-occupied facilities.

12.  A warehouse, which was constructed prior to 1978, will be converted into condominiums. Do theTELRR apply?

No.  If the warehouse was not considered target housing prior to 1978, the TELRR do not apply today.

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13.  A firm is conducting lead-based paint abatement on the exterior of target housing.  Are dust samples for clearance purposes required by the TELRR?

No.  Although sampling for clearance purposes is not required for exterior abatements, if wipe samples are taken, they must be collected by certified inspectors or risk assessors and submitted to an EPA "recognized laboratory" for analysis.

14.  What state certification is required when I check target housing or a child-occupied facility for lead paint?

A lead inspection is a surface-by-surface investigation for lead-based paint that only reports the results of the sampling expressed according to the sampling method used and does not determine whether the paint presents a hazard.  Therefore, if the intent is only to determine the presence of lead-based paint, then only an inspection, conducted by a certified lead inspector or certified lead risk assessor, would be required.  Any additional investigation such as soil, dust, or water sampling, or assessing any hazards, can only be conducted by a certified lead risk assessor.

If the intent is to determine the existence, nature, severity, and location of lead-based paint hazards, then a risk assessment, conducted by a certified lead risk assessor, would be required.  As indicated above, a certified lead risk assessor is able to do both a lead-based paint inspection and lead risk assessment.  A lead risk assessment report will include a description of interim controls (i.e., operations and maintenance) and/or abatement options for each lead-based paint hazard.  If an encapsulant or enclosure is recommended, then a maintenance and monitoring schedule shall be included in the lead risk assessment report.

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15.  Can a certified lead inspector collect paint-chip samples or take X-ray fluorescence (XRF) readings and later, back at the office, give those results to a certified lead risk assessor who has never visited the site to write a lead risk assessment report?

No.  According to the TELRR definition for lead risk assessments, a certified lead risk assessor must be "on-site" to conduct a lead risk assessment.

 

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Texas Department of State Health Services - Division for Regulatory Services - Environmental Lead Program
1100 W. 49th Street- Austin, Texas 78756-3199 - (512) 834-6773 ext. 2434

Last Updated March 26, 2007