Lead-Based Paint - Environmental Lead Program

Below is a summary of the timeline regarding the Texas Environmental Lead Reduction Rules (TELRR), which set standards for conducting lead-based paint activities, and require that lead training providers be accredited by the DSHS: 

• February 19, 1996: the Texas Department of State Health Services (DSHS) publicized TELRR, which cover several areas of lead-based paint activities in housing (also known as "target housing" in the TELRR), including the training and certification of lead inspectors, risk assessments, abatements, and project design. 

• May 10, 1998: DSHS amends its rules to include child-occupied facilities, allowing the state to obtain U.S. Environmental Protection Agency (EPA) authorization for a state program pursuant to Section 404 of the Toxic Substances Control Act (TSCA). 

• March 18, 1999: EPA authorizes Texas to administer a Lead-Based Paint Training and Certification Program. 

• January 5, 2001: EPA amends Title 40 CFR, Part 745 ("Lead; Identification of Dangerous Levels of Lead; Final Rule"), which established standards for identifying lead-based paint hazards and work clearance levels, and amended dust and soil sampling requirements. 

• March 23, 2003: DSHS amends its rules to accommodate changes to Title 40 CFR, Part 745, and to clarify existing rule language for improved implementation.  

• December 24, 2004: DSHS amends its rules to: 

  • Accommodate the requirement that certifications and accreditations must be two years in length (instead of three years) in accordance with House Bill 2292, 78th Legislature, 2003 

  • Allow for the collection of license fees online in accordance with Senate Bill 1152, 78th Legislature, 2003, which amended Government Code, Section 2054.111.   

• January 6, 2020: EPA amends Title 40 CFR §745.227(h)(3)*. 

• December 21, 2020: EPA amends Title 40 CFR §§745.223 and 745.227(e)(8)(viii)*. 

• November 9, 2021: DSHS amends TELRR to accommodate amendments to the EPA dust-lead standards, meet federal deadlines for implementation, and to clarify existing rule language.  

*These amendments, as required by Title 40 CFR §745.325(e)(1) and Texas Occupations Code, §1955.051, maintain EPA authorization to administer a state Lead-Based Paint Abatement Program and ensure that the TELRR complies with federal standards.  

These amendments yielded the following changes to the dust-lead hazard and clearance standards: 

• Floors: lowered from 40 micrograms (µg) of lead in dust per square foot (ft2) on floors to 10 µg/ft2. 

• Interior Windowsills: lowered from 250 µg/ft2 of lead dust to 100 µg/ft2. 

The TELRR applies to target housing and child-occupied facilities built before January 1, 1978.  

Exclusions (under Section 295.201(b)(2)) include:  

• Housing for the elderly or persons with disabilities, unless a child who is six years of age or younger resides or is expected to reside in that housing. 

• Target housing with zero bedrooms.  

• Homeowners performing lead-based paint activities in dwellings that they own, unless person(s) other than the owner or the owner's immediate family occupy the dwelling while the lead activities are being performed.  

• Demolition of housing not meeting the definition* of “residential dwelling unit.”

*Residential dwelling unit is defined under Section 295.202(69)(B) as a structure which is occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. 

Lead-Based Paint Inspection: 

Any lead-based paint inspection conducted in target housing or child-occupied facilities must be conducted on-site by a certified Lead Inspector or Risk Assessor in accordance with the TELRR.  

If only an assumption is made that lead-based paint may be present (no testing or sampling conducted), a certified Inspector or Risk Assessor is not required.  

Lead-based paint inspections involve the following steps: 

• Certified Lead Inspector/Risk Assessor conducts thorough investigation using approved documented methodologies (paint-chip collection or X-Ray fluorescence (XRF) analysis. 

• Inspector or Assessor sends paint-chip, soil, or dust samples to an EPA-recognized laboratory for analysis.* 

• Inspector or Assessor develops a written lead inspection report including information specified in Section 295.212(a)(4) of the TELRR, such as the date of inspection, address of building sampled, specific locations (building components) tested for lead-based paint, and copies of all lab analysis reports and downloaded XRF data. 

*To inquire about these EPA-recognized laboratories, call the National Lead Information Center toll free at 800-424-LEAD or view the current listing at the EPA website. 

Lead-Hazard Screens:  

Any lead-based paint inspection conducted in target housing or child-occupied facilities must be conducted on-site by a certified Lead Inspector or Risk Assessor in accordance with the TELRR.  

Lead-Hazard Screens involve the following steps: 

• Certified Lead Inspector/Risk Assessor collects limited paint and dust sampling to determine the presence of a lead-based hazard.  

• Inspector or Assessor collects background information about the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children six years of age or younger. 

• Inspector or Assessor conducts a visual inspection to determine if any deteriorated paint is present, and to locate at least two dust sampling locations. 

  • If deteriorated paint is present, each surface with deteriorated paint and a distinct painting history will be tested for lead-based paint using approved documented methodologies. 

• Inspector or Assessor collects two composite dust samples: one from the floors and the other from the windows, rooms, hallways, or stairwells where one or more children aged six or younger are most likely to encounter dust. 

• Inspector or Assessor sends dust samples to an EPA-recognized laboratory for analysis.* 

• Inspector or Assessor develops a written lead inspection report, including information required by Section 295.212(c) of the TELRR, excluding paragraphs (11)(P)-(R), such as the date of the screen, physical address of the building sampled, specific locations of each building component tested for lead-based paint and dust-lead hazards, copies of all lab analysis reports and downloaded XRF data, and recommendations concerning the desirability for follow-up risk assessments. 

*To inquire about these EPA-recognized laboratories, call the National Lead Information Center toll free at 800-424-LEAD or view the current listing at the EPA website. 

A dust-lead hazard is present when dust sample results are equal to or greater than 10 µg/ft2 for floors and 100 µg/ft2 for interior windowsills.

Lead Risk Assessments 

A lead risk assessment is an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the presence of lead in deteriorated paint and friction surfaces.  

Lead Risk Assessments involve the following steps: 

• Certified Lead Risk Assessor conducts on-site investigation to identify potential presence of lead. 

• Assessor prepares written lead risk assessment including information required by Section 295.212(c) of the TELRR, such as the date of the risk assessment, physical address of the building sampled, specific locations of each building component tested for lead-based paint, copies of all lab analysis reports and downloaded XRF data, and an explanation of the results of the investigation and options for reducing lead-based paint hazards including 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 will be included in the risk assessment report.  

  • A dust-lead hazard is present when dust sample results are equal to or greater than 10 µg/ft2 for floors and 100 µg/ft2 for interior windowsills.  

A soil-lead hazard from lead-based paint is present when a sample of bare soil from a play area is equal to or greater than 400 parts per million (ppm); or in the rest of the yard (i.e., non-play areas) when the bare soil sample is equal to or greater than 1,200 ppm. 

The TELRR states that lead abatement includes any of the following measures designed to permanently eliminate lead-based paint hazards in or to target housing or child-occupied facilities: 

• Removal of paint and dust 

• Permanent enclosure or encapsulation of lead-based paint 

• Replacement of painted surfaces or fixtures  

• Removal or permanent covering of soil, when lead-based paint hazards are present in such paint, dust, or soil  

• All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures

These projects must include a written contract or other documentation stating that an individual or firm will be conducting any of the above activities within a facility with intent to permanently eliminate lead-based paint hazards, lead contaminated dust or soil hazards, and other lead-based paint hazards.  

Under Section 295.202(51)(B) of the TELRR, abatement excludes any renovation, demolition, remodeling, or landscaping activities without explicit written intent to eliminate lead-based paint hazards, even if such activities may reduce or eliminate lead-based paint hazards. TELRR definition of abatement also excludes interim control activities, operations and maintenance activities, or other measures designed to only temporarily, but not permanently, reduce lead-based paint hazards. 

In accordance with Section 295.212(d)(13) of the TELRR, dust-wipe clearance levels for abatements are less than 10µg/ft2 for floors/carpets, less than 100 µg/ft2 for windowsills, and less than 400µg/ft2 for window troughs (wells). 

At minimum, all lead-based paint abatements in target housing or child-occupied facilities usually must involve:  

• A certified Lead Abatement Firm 

• A certified Lead Abatement Supervisor to oversee the project 

• Certified Lead Abatement Workers to work under an Abatement Supervisor 

• A certified Lead Inspector or Lead Risk Assessor to do clearance testing of the abatement.  

Certified individuals working on an abatement site are required to have a current department-issued certification identification (ID) card. 

All samples collected from an abatement, including clearance samples, must be sent to an EPA-Recognized Laboratory for analysis. Larger projects may require a certified Lead Abatement Project Designer.  

Sections 295.212(d)(5-7) of the TELRR requires that: 

• A certified Lead Abatement Supervisor or a certified Lead Abatement Project Designer must develop a written Occupant Protection Plan for each abatement project and always keep it at the worksite during the abatement activity. 

• Unless lead is presumed to be present. the certified lead abatement firm must keep a copy of the lead inspection or lead risk assessment report at the worksite and available for department inspection. 

• Specific work practice standards must also be followed at all abatement jobs. 

(Via TELRR, Section 295.214) 

For Original (Initial) Notifications: 

• Certified lead firms must notify both the Texas DSHS Environmental Lead Notifications Group (ELNG) and the appropriate DSHS Regional Office via the Online Notification Form, email, express mail, or hand-delivery, at least seven working days before the scheduled start date for the abatement activity.  

• Once EHNG has received the notification form and replied with the invoice, pay the $103 for each original notification. Payments can be submitted through the Online Lead Abatement Notification System or by mail to the Cash Receipts Branch of Texas DSHS. 

For Amended Notifications: 

• Certified lead firms must call the Environmental Lead Notifications Group (EHNG) and the appropriate DSHS Regional Office and inform of the amendment prior to the new start/stop date(s).  

• Within 24 hours of the phone call with EHNG, submit the notification form using the Online Lead Abatement Notification System or submit a written amended Lead Abatement Notification Form via email, express mail, or hand-delivery.  

• Within 24 hours of the phone call with the respective DSHS Regional Office, send the amended Lead Abatement Notification Form to the same office via email, fax, or hand-delivery. 

For Cancelled Notifications: 

• Certified lead firms must call the Environmental Lead Notifications Group (EHNG) and the DSHS Regional Office at least 24 hours before the scheduled start date of the abatement. 

• Within 24 hours of the phone call with EHNG, firms must submit a cancellation notifications using the Online Lead Abatement Notification System, or by submitting a written form via email, express mail, or hand-delivery.  

• Within 24 hours of the phone call with the respective DSHS Regional Office, send a copy of the Lead Abatement Notification Form via email, fax, express-mail, standard mail, or hand-delivery to the DSHS inspector.