Frequently Asked Questions About Enforcement and Compliance - Environmental Lead Program

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).

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 Texas Environmental Lead Reduction Rules would apply.

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.

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. 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.

No. The Texas Environmental Lead Reduction Rules do not require inspections for Lead-Based Paint. However, if target housing or child-occupied facilities are inspected for Lead Based Paint then Texas Department of State Health Services certified individuals must be used.

No. The Texas Environmental Lead Reduction Rules do not require removal of lead-based paint.

No. The Texas Environmental Lead Reduction Rules do not require inspections for lead-based paints. However, if target housing or child-occupied facilities are inspected for lead-based paints then Texas Department of State Health Services (DSHS) certified individuals must be used.

No. The Texas Environmental Lead Reduction Rules do not require removal of lead-based paint.

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.

No. Lead-based paint inspections are not required by the Texas Environmental Lead Reduction Rules prior to demolition.

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

No. The Texas Environmental Lead Reduction Rules only regulates lead-based paint in target housing and child-occupied facilities.

Yes. Even if the warehouse was not considered “target housing” prior to 1978, any building constructed before 1978 and then converted to housing after that date becomes “target housing” and subject to the Texas Environmental Lead Reduction Rules.

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.

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

No. According to the Texas Environmental Lead Reduction Rules definition for lead risk assessments, a certified lead risk assessor must be "on-site" to conduct a lead risk assessment.