Clearance

Clearance is an activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in this part, exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples. Dust-lead standards for clearance are found at Sec. 35.1320.

Clearance may be required in units affected by subparts 
C D F G H I J K L M 

24 CFR 35.1340 Clearance
 
Clearance examinations required under subparts B, C, D, F through M, and R, of this part shall be performed in accordance with the provisions of this section.
  (a) Clearance following abatement. Clearance examinations performed following abatement of lead-based paint or lead-based paint hazards shall be performed in accordance with 40 CFR 745.227(e) and paragraphs (c)-(f) of this section. Such clearances shall be performed by a person certified to perform risk assessments or lead-based paint inspections.
  (b) Clearance following activities other than abatement. Clearance examinations performed following interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation shall be performed in accordance with the requirements of this paragraph (b) and paragraphs (c)-(g) of this section.
  (1) Qualified personnel. Clearance examinations shall be performed by:
  (i) A certified risk assessor;
  (ii) A certified lead-based paint inspector;
  (iii) A person who has successfully completed a training course for clearance technicians (or a discipline of similar purpose and title) that is developed or accepted by EPA or a State or tribal program authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is given by a training provider accredited by EPA or a State or Indian tribe for training in lead-based paint inspection or risk assessment, provided a certified risk assessor or a certified lead-based paint inspector approves the work of the clearance technician and signs the report of the clearance examination; or
  (iv) A technician licensed or certified by EPA or a State or Indian tribe to perform clearance examinations without the approval of a certified risk assessor or certified lead-based paint inspector, provided that a clearance examination by such a licensed or certified technician shall be performed only for a single-family property or individual dwelling units and associated common areas in a multi-unit property, and provided further that a clearance examination by a such a licensed or certified clearance technician shall not be performed using random sampling of dwelling units or common areas in multifamily properties, except that a clearance examination performed by such a licensed or certified clearance technician is acceptable for any residential property if the clearance examination is approved and the report signed by a certified risk assessor or a certified lead-based paint inspector.
  (2) Required activities.
  (i) Clearance examinations shall include a visual assessment, dust sampling, submission of samples for analysis for lead, interpretation of sampling results, and preparation of a report. Clearance examinations shall be performed in dwelling units, common areas and exterior areas in accordance with this section and the steps set forth at 40 CFR 745.227(e)(8). If clearance is being performed for more than 10 dwelling units of similar construction and maintenance, as in a multifamily property, random sampling for the purposes of clearance may be conducted in accordance with 40 CFR 745.227(e)(9).
  (ii) The visual assessment shall be performed to determine if deteriorated paint surfaces and/or visible amounts of dust, debris, paint chips or other residue are still present. Both exterior and interior painted surfaces shall be examined for the presence of deteriorated paint. If deteriorated paint or visible dust, debris or residue are present in areas subject to dust sampling, they must be eliminated prior to the continuation of the clearance examination, except elimination of deteriorated paint is not required if it has been determined, through paint testing or a lead-based paint inspection, that the deteriorated paint is not lead-based paint. If exterior painted surfaces have been disturbed by the hazard reduction, maintenance or rehabilitation activity, the visual assessment shall include an assessment of the ground and any outdoor living areas close to the affected exterior painted surfaces. Visible dust or debris in living areas shall be cleaned up and visible paint chips on the ground shall be removed.
  (iii) Dust samples shall be wipe samples and shall be taken on floors and, where practicable, interior window sills and window troughs. Dust samples shall be collected and analyzed in accordance with
Sec. 35.1315 of this part.
  (iv) Clearance reports shall be prepared in accordance with paragraph (c) of this section
.
  (c)
 Clearance Report. When clearance is required, the designated party shall ensure that a clearance report is prepared that provides documentation of the hazard reduction or maintenance activity as well as the clearance examination. When abatement is performed, the report shall be an abatement report in accordance with 40 CFR 745.227(e)(10). When another hazard reduction or maintenance activity requiring a clearance report is performed, the report shall include the following information:
  (1) The address of the residential property and, if only part of a multifamily property is affected, the specific dwelling units and common areas affected.
  (2) The following information on the clearance examination:
  (i) The date(s) of the clearance examination;
  (ii) The name, address, and signature of each person performing the clearance examination, including certification number;
  (iii) The results of the visual assessment for the presence of deteriorated paint and visible dust, debris, residue or paint chips;
  (iv) The results of the analysis of dust samples, in ug/sq.ft., by location of sample; and
  (v) The name and address of each laboratory that conducted the analysis of the dust samples, including the identification number for each such laboratory recognized by EPA under section 405(b) of the Toxic Substances Control Act (15 U.S.C. 2685(b)).
  (3) The following information on the hazard reduction or maintenance activity for which clearance was performed:
  (i) The start and completion dates of the hazard reduction or maintenance activity;
  (ii) The name and address of each firm or organization conducting the hazard reduction or maintenance activity and the name of each supervisor assigned;
  (iii) A detailed written description of the hazard reduction or maintenance activity, including the methods used, locations of exterior surfaces, interior rooms, common areas, and/or components where the hazard reduction activity occurred, and any suggested monitoring of encapsulants or enclosures; and
  (iv) If soil hazards were reduced, a detailed description of the location(s) of the hazard reduction activity and the method(s) used.
  (d) Standards. The clearance standards in Sec. 35.1320(b)(2) shall apply. If test results equal or exceed the standards, the dwelling unit, worksite, or common area represented by the sample fails the clearance examination.

 

Interior Surface--µg/ft2 (mg/m2)

Soil Lead Hazards: Play Areas, Other Areas (µg/g)

Evaluation Method

Floors

Window Sills

Window Troughs

Lead Hazard Screen

25 (0.27)

125 (1.4)

Not Applicable

Not Applicable

Risk Assessment

40 (0.43)

250 (2.7)

Not Applicable

400, 2000

Reevaluation

40 (0.43)

250 (2.7)

Not Applicable

400, 2000

Clearance

40 (0.43)

250 (2.7)

800 (8.6)

Not Applicable

  (e) Clearance failure. All surfaces represented by a failed clearance sample shall be recleaned or treated by hazard reduction, and retested, until the applicable clearance level in Sec. 35.1320(b)(2) is met.
  (f) Independence. Clearance examinations shall be performed by persons or entities independent of those performing hazard reduction or maintenance activities, unless the designated party uses qualified in-house employees to conduct clearance. An in-house employee shall not conduct both a hazard reduction or maintenance activity and its clearance examination.
  (g) Worksite clearance. When clearance is of an interior worksite, not an entire dwelling unit or residential property, dust samples taken for paragraph (b) of this section shall be taken from the floor and window (if available) to represent the area within the dust containment area. Clearance is not required if maintenance or hazard reduction activities in the worksite do not disturb painted surfaces of a total area more than that set forth in
Sec. 35.1350(d).

Interpretive Guidance:
Clearance Failure
Clearance and Compliance
Worksite and Unit-Wide Clearance
Clearance and De Minimum
Soil Testing and Clearance
Clearance After Exterior Only Paint Stabilization
Notification of Clearance Failure
Clearance Before Completion of Work
Relocation and Clearance
Visual Assessment and Clearancei

This web page is produced and maintained by The National Center for Healthy Housing for the Office of Healthy Homes and Lead Hazard Control, of the U.S. Department of Housing and Urban Development.