Fish and Wildlife Service logo

561 FW 15

Lead-Based Paint Management

New

Date: November 4, 2019, as amended 8/30/2021

Series: Pollution Control and Environmental Compliance

Part 561: Compliance Requirements

Originating Office: Infrastructure Management Division

PDF Version

                                                                                    TABLE OF CONTENTS

Topics

Sections

Overview

15.1 What is the purpose of this chapter?

15.2 What is the scope of this chapter?

15.3 What is the Service’s policy for managing lead-based paint (LBP)?

15.4 What are the authorities for this chapter?

15.5 What terms do you need to know to understand this chapter?

15.6 How are LBP inspections, risk assessments, and visual assessments different?

Responsibilities

15.7 Who is responsible for the Service’s LBP management program?

Program Requirements for Target Housing

15.8 What are the overall program requirements for LBP and target housing?

15.9 How does the Service inform tenants about LBP in target housing?

Disturbing and Disposing of Lead-Based Paint at All Facilities

15.10 What procedures are necessary when performing activities that may impact or disturb LBP at Service facilities (e.g., demolition, renovation, repair, and painting)?

15.11 What are the LBP disposal requirements for facilities?

 

 

OVERVIEW

 

15.1 What is the purpose of this chapter? This chapter establishes U.S. Fish and Wildlife Service (Service) policy for managing lead-based paint (LBP) at Service facilities.

 

15.2 What is the scope of this chapter? This chapter applies to:

 

A. All Service-owned, leased, or operated facilities where LBP is present. Some requirements only apply to target housing that the Service uses as quarters (see sections 15.8 and 15.9); and  

 

B. Any special use permit, lease, or concession agreement that could involve facilities where LBP is present.

 

15.3 What is the Service’s policy for managing LBP? It is our policy to:

 

A. Prevent exposure that could result in adverse effects to human health or the environment; and

 

B. Manage LBP in compliance with Federal, state, tribal, and local requirements.

15.4 What are the authorities for this chapter?

A. Department of Housing and Urban Development (HUD), Lead-Based Paint Poisoning Prevention in Certain Residential Structures (24 CFR 35), especially Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards upon Sale or Lease of Residential Property (24 CFR 35, Subpart A).

 

B. Department of Transportation (DOT), Hazardous Materials Regulations (49 CFR 171 and 172).

 

C. Occupational Safety and Health Administration (OSHA), Safety and Health Regulations for Construction, Lead (29 CFR 1926.62).

 

D. OSHA, Toxic and Hazardous Substances, Lead (29 CFR 1910.1025).

 

E. Residential Lead-Based Paint Hazard Reduction Act of 1992 (Public Law 102-550).

 

F. Toxic Substances Control Act (TSCA) Regulations, Lead-Based Paint Poisoning Prevention in Certain Residential Structures (40 CFR 745), and especially:

 

(1) Residential Property Renovation (40 CFR 745, Subpart E), and

 

(2) Lead-Based Paint Activities (40 CFR 745, Subpart L).

 

G. U.S. Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (40 CFR 61).

 

H. 485 Departmental Manual (DM), Safety and Occupational Health Program, Chapters 13, 17, and 20.

 

15.5 What terms do you need to know to understand this chapter?

 

A. Abatement. Abatement is any activity performed to completely and permanently eliminate LBP hazards (see section 15.5E for more information about LBP hazards).

 

B. Encapsulation. Encapsulation is the process that makes LBP inaccessible by providing a barrier between the LBP and the environment. The encapsulation must last for at least 20 years as a barrier. 

 

C. Lead. Lead is a naturally occurring element found in small amounts in the earth’s crust. While it has beneficial uses, it can be toxic to humans and environmental receptors (e.g., birds) and cause adverse health effects through exposure by dermal absorption, inhalation, or ingestion.

 

D. Lead-based paint (LBP). We classify paint with concentrations greater than or equal to the following standards as LBP: 1.0 milligram per square centimeter of paint, 0.5 percent by weight, or 5,000 parts per million (ppm) by weight.

 

E. LBP hazard. An LBP hazard is any condition that causes exposure to lead from lead-contaminated dust, soil, or paint that is deteriorated or present in accessible surfaces (e.g., walls, floors), friction surfaces (e.g., window frames, floors), or impact surfaces (e.g., door frames), and would result in adverse human health effects. Section 15.8A outlines the specific criteria for identifying an LBP hazard.

 

F. LBP inspection, risk assessment, and visual assessment. See Table 15-1.

 

G. Lead safe work practices. These are procedural guidelines for people performing remodeling tasks in target housing (i.e., homes built before 1978) to prevent creating lead hazards. See sections 15.4.F(1) and (2) for information about where you can find these guidelines.

 

H. Target housing. Target housing is any residential property constructed prior to 1978.

 

15.6 How are LBP inspections, risk assessments, and visual assessments different? The terms LBP ‘inspection,’ ‘risk assessment,’ and ‘visual assessment’ have specific definitions and cannot be used interchangeably. The definition for each is provided in Table 15-1, along with information about who performs each activity and the training required. 

 

                                                                        Table 15-1: LBP Inspections, Risk Assessments, and Visual Assessments

Definition…

Performed by….

Training required…

LBP inspection: An LBP inspection is a surface-by-surface investigation to determine if LBP is present. The person who performs the inspection writes a report explaining the results.

A certified LBP inspector (may be a Regional Environmental Compliance Coordinator (RECC), if certified, or a contractor)

24 hours of EPA or state-accredited training. Inspectors must submit an application to EPA and pass a test to become certified. 8-hour annual refresher training is required.

LBP risk assessment: An LBP risk assessment is performed if the results of the LBP inspection determine that LBP is present. The purpose of the risk assessment is to determine the presence and severity of LBP hazards and may suggest ways to mitigate or control them.   

A certified LBP risk assessor (may be a RECC, if certified, or a contractor)

24 hours of inspector training plus an additional 16 hours of EPA or state-accredited risk assessor training. Risk assessors must submit an application to EPA and pass a test to become certified. 8-hour annual refresher training is required.

LBP visual assessment: A visual assessment of LBP is used to monitor the condition of LBP left in place. See section 15.8E and FWS Form 3-2498, Lead-Based Paint Visual Assessment.

Project Leader/ Facility Manager or  designee

Individuals must complete the online Housing and Urban Development Visual Assessment training prior to performing LBP visual assessments and using FWS Form 3-2498.

 

 

RESPONSIBILITIES

 

15.7 Who is responsible for the Service’s LBP management program? See Table 15-2.

 

                                                                        Table 15-2: Responsibilities for the LBP Management Program

These employees…

Are responsible for…

A. The Director

Approving or not approving Servicewide policy.

B. The Chief –National Wildlife Refuge System (NWRS)

Overseeing the management of LBP in Service facilities.

 

C. Regional Directors

 

(1) Ensuring implementation of LBP management requirements in their respective Regions; and

 

(2) Ensuring funding is allocated to maintain LBP in compliance with Federal, state, tribal, and local laws.

D. Assistant Regional Directors (ARD) with facilities affected by the program

 

(1) Reviewing and authorizing or denying Service employees’ requests to participate in EPA-approved or state-accredited LBP certification training that is required for them to perform activities that impact or disturb LBP. ARD approval is not required to hire a contractor to perform these activities, or for employees to perform them when they are properly trained. See section 15.10; and

 

(2) Providing a copy of the employee training authorization or denial to their Safety Manager.

 

E. The Chief, Infrastructure Management Division (IMD) in NWRS

(1) Developing policy for the proper management of LBP,

 

(2) Providing technical assistance to the RECCs regarding LBP management in the Regions, and

 

(3) Updating data systems with LBP information.

 

F. Regional Environmental Compliance Coordinators (RECC)

(1) Providing technical assistance to Project Leaders/Facility Managers for required LBP inspections, risk assessments, and visual assessments;

 

(2) Conducting or arranging for inspections and risk assessments of Service buildings for LBP, as needed, using certified LBP inspectors;

 

(3) Providing technical assistance to Project Leaders/Facility Managers to ensure LBP abatement projects are performed:

 

(a)   In compliance with applicable Federal, state, tribal, and local regulations; and

 

(b)   By people who have completed mandatory EPA-approved or state-accredited LBP certification training;

 

(4) During environmental compliance audits:

 

(a)   Confirming that Project Leaders/Facility Managers are performing required LBP management activities (e.g., inventory and visual assessment requirements), and

 

(b)   Obtaining a copy of any completed LBP inspection/risk assessment reports; and

 

(5) Developing and maintaining a consolidated inventory of buildings in the Region that contain LBP.

 

G. Safety Managers

(1) Providing technical assistance to the RECC and Project Leaders/Facility Managers on actions associated with LBP that minimize risk to human health;

 

(2) Providing technical assistance to Project Leaders/Facility Managers on:

 

(a)   Required training for performing work that disturbs or impacts LBP, and

 

(b)   Identifying and documenting potential employee and tenant exposure to LBP; and

 

(3) Providing technical support to Regional Directors regarding medical surveillance that may be required for Service employees who may be authorized to take the training and perform activities that impact or disturb LBP. 

H. Regional Quarters Officers

Working with Project Leaders/Facility Managers to:

 

(1) Ensure they receive required LBP disclosure forms from the Internet Quarters Management Information System (iQMIS) and EPA pamphlets for tenants in target housing (see section 15.9), and

 

(2) Update LBP information in iQMIS.  

 

I. Regional Facility Coordinators (FC)

Performing a cost analysis prior to abatement or encapsulation to determine if the individual assets should be remediated or replaced. 

J. Project Leaders/ Facility Managers

 

(1) Ensuring that target housing for which they are responsible receives an LBP inspection and, if required, an LBP risk assessment;

 

(2) Ensuring that any identified LBP hazards are abated or encapsulated;

 

(3) Developing and maintaining an inventory of the location and condition of any LBP in quarters at the facility and providing this information to the RECC;

 

(4) Completing the online HUD training prior to performing LBP visual assessments and performing and documenting visual assessments on required buildings and structures at least annually or as otherwise necessary (see section 15.8E and FWS Form 3-2498);

 

(5) Disclosing known LBP and providing information to tenants as we describe in section 15.9;

 

(6) Offering baseline blood tests as described in section 15.8F, and ensuring that required iQMIS LBP disclosure forms are signed and that documentation is maintained when baseline blood tests are offered to pregnant women or children under the age of six who occupy the housing (FWS Form 3-2440);

 

(7) Consulting with their RECC to determine whether a certified LBP inspection is required prior to renovation or demolition of Service facilities;

 

(8) Notifying contractors of the location and condition of LBP;

 

(9) Ensuring LBP abatement projects are performed:

 

(a)   In compliance with applicable Federal, state, tribal, and local regulations;

 

(b)   By people who have completed mandatory EPA-approved or state-accredited LBP certification training; and

 

(c)   In accordance with 371 FW 1, Policies and Responsibilities for Quarters Management, and section 5.0 of the Quarters Management Desk Reference Guide; and

 

(10) Ensuring all LBP waste and debris are properly characterized and disposed of (see section 15.11).

 

K. Tenants

(1) Signing the iQMIS LBP disclosure form if residing in target housing;

 

(2) Completing the Blood Lead Test Consent/Declination Form (FWS Form 3-2440) if pregnant women or children under six will be occupying the target housing (see section 15.8F(2)); and

 

(3) Notifying Project Leaders/Facility Managers if the condition of any LBP in their quarters has changed.

L. Employees

(1) Obtaining training approval from their ARD (or ARD’s designee) to perform maintenance or other work where LBP is present,

 

(2) Completing EPA-approved or state-accredited LBP certification training as required by 40 CFR 745, and

 

(3) Complying with all worker safety requirements, including, but not limited to, wearing appropriate personal protective equipment (PPE) and implementing lead safe work practices.

 

 

PROGRAM REQUIREMENTS FOR TARGET HOUSING

 

15.8 What are the overall program requirements for LBP and target housing?

 

A. The Service must identify the location, condition, and risk associated with LBP in target housing.

 

(1) Only a certified LBP inspector may conduct LBP inspections to sample for and confirm the presence or absence of LBP.

 

(2) Only a certified LBP risk assessor may determine the condition of LBP and whether LBP hazards are present in target housing. LBP is a hazard if it has lead concentrations that are equal to or greater than the following:

 

(a)   Dust: 10 micrograms per square foot for floors, and 100 micrograms per square foot for interior window sills; and”

(b)   Soil: 400 ppm in play areas of bare residential soil, and 1,200 ppm on average in bare soil in the remainder of the yard.

 

B. Based on the inspection and the results of the risk assessment, the RECC and Project Leader/Facility Manager must ensure that any LBP hazards identified are abated or encapsulated.

 

C. LBP generally is not designated as a hazard if it is in good condition and is not on a window, door, or other area where surfaces may rub together and create lead-contaminated dust. Intact LBP on most walls and ceilings generally is not considered a hazard, but the condition of the LBP must be monitored and maintained to ensure it does not become deteriorated. LBP may be maintained in place if a certified risk assessor determines it does not present a hazard. Chipping, peeling, cracking, or damaged LBP is a hazard that requires active control measures.

 

D. When LBP is abated, a certified LBP inspector must perform a follow-up inspection that includes laboratory testing to ensure that all LBP hazards have been removed.

 

E. When LBP is maintained in place, the Project Leader/Facility Manager or their designee must perform a visual assessment (see FWS Form 3-2498) of the LBP:

 

(1) At least annually, 

 

(2) When a resident complains about the condition of the LBP,

 

(3) Prior to a new tenant moving into the residence, or

 

(4) Whenever significant damage occurs (e.g., flooding, fire, or vandalism).

 

F. Target housing known to have LBP should not be occupied by children under the age of six or by pregnant women. If no other option exists, the Project Leader/Facility Manager should:

 

(1) Conduct a visual assessment on a quarterly basis to ensure that the condition of the paint is properly maintained;

 

(2) During check-in and at regular intervals determined by a health care provider, provide access to blood tests for any pregnant women or children under the age of six who occupy the housing. The Blood Lead Test Consent/Declination form (FWS Form 3-2440) must be completed and signed; and

 

(3) Coordinate with the Region to determine if alternative solutions to on-site quarters are available.

 

15.9 How does the Service inform tenants about LBP in target housing? Project Leaders/Facility Managers must:

 

A. Ensure the iQMIS LBP disclosure forms are completed and signed when a tenant enters into a lease or rental agreement that exceeds 100 days (EPA/HUD Section 1018: EPA and HUD Real Estate Notification and Disclosure Rule Questions and Answers), and

 

B. Provide tenants who reside in target housing the EPA pamphlet entitled, “Protect Your Family from Lead in Your House.” For additional information about quarters management, see 371 FW 1, Policies and Responsibilities for Quarters Management, and section 5.0 of the Quarters Management Desk Reference Guide, or contact your Regional Quarters Officer.

 

Disturbing and Disposing of Lead-Based Paint AT ALL FACILITIES

 

15.10 What procedures are necessary when performing activities that may impact or disturb LBP at Service facilities (e.g., demolition, renovation, repair, and painting)?

 

A. Project Leaders/Facility Managers must consult with their RECC to determine whether a certified LBP inspection is required prior to renovation or demolition of Service facilities.

 

B. Service employees and contractors must complete training and certification in accordance with EPA’s Renovation, Repair, and Paint Rule (40 CFR 745) prior to participating in the following activities that may disturb LBP:

 

(1) Demolition activities (full or partial),

 

(2) Window replacement,

 

(3) Minor repair and maintenance activities that disturb greater than 6 square feet of LBP per room inside, or

 

(4) Minor repair and maintenance activities that disturb greater than 20 square feet of LBP on the exterior of a residence or building. 

C. Employees may not participate in the training unless authorized to do so by their ARD or ARD’s designee. Employees may not conduct these activities unless they have the ARD’s approval to take the training and they have successfully completed it.

D. Service employees who perform activities that impact or disturb any LBP must do so in accordance with the OSHA standards for lead (29 CFR 1910.1025) and the Service’s safety policies at:

 

(1) 240 FW 3, Safety and Health Training;

 

(2) 241 FW 3, Personal Protective Equipment; and

 

(3) 242 FW 2, Hazard Communication.

 

15.11 What are the LBP disposal requirements for facilities? All LBP waste and debris generated during demolition, renovation, and repair activities may be a hazardous waste; therefore, we must characterize, manage, and dispose of it in accordance with Federal, state, and local requirements. See 561 FW 5, Managing, Recycling, and Disposing of Non-Hazardous Solid Waste, and 561 FW 6, Hazardous Waste Management.

 

For more information about this policy, contact the Infrastructure Management Division in the National Wildlife Refuge System program. For more information about this website, contact Krista Bibb in the Policy and Regulations Branch (PRB), Division of Policy, Economics, Risk Management, and Analytics.

 

Directives Home

Centralized Library of Servicewide Policies

Privacy, Disclaimer and Copyright Information | Information Quality Act

U.S. Fish and Wildlife Service Home Page | Department of the Interior  | USA.gov  | About the U.S. Fish and Wildlife Service  | Accessibility  | Privacy  | Notices  | Disclaimer  | FOIA