Lead FAQ for Caltrans HOME

Frequently Asked Questions about Lead and other Hazardous Materials by Dan Napier, MS, CIH, CSP


What Does CalTrans want?

The special conditions require a plan to control exposure to people or spills into the environment. The plan must address disposal methods and testing the hazardous waste that is created by the project. According to CALTRANS Requirements, the Lead (or other hazardous material) Compliance Plan must be approved by a Certified Industrial Hygienist (CIH).  Read the Special Conditions carefully, some require continuous monitoring during lead associated work.  This can easily add daily cost to your job of more than one thousand dollars a day.  Please call me after you have emailed the job information to me.  I will be glad to give you a good estimate of the job requirements.  Currently several regions are requiring unnecessary and costly air testing for even small jobs that require less than several hours to complete.  The air testing is often a significant cost for the value of the job!  The really sad thing is that the short duration air monitoring cannot obtain a level of detection LOD that is below the action level.  In short air monitoring less than four hours does not produce reliable data and the results are misleading. 

Do I need to notify Cal OSHA when I do a lead job?

Yes, you need to notify for each job where the lead material is greater than 5000 PPM.  Here is the form.  Send it them in to your nearest Cal OSHA Office and keep a copy.  The actual code is located at http://www.dir.ca.gov/Title8/1532_1.html.  The specific exception is Exception No. 1: The employer is not required to notify the Division if: A. The amount of lead-containing materials to be disturbed is less than 100 square or 100 linear feet; or B. The only subsection (d)(2) task to be performed consists of torch cutting or welding, not to exceed a duration of 1 hour in any shift. No. 2: The employer is not required to notify the Division if the percentage of lead in the material disturbed is less than 0.5%, 5,000 parts per million (weight by weight), or 1.0 mg/cm.  That means if you are moving  aerially deposited lead (ADL) Soils or removing white or yellow traffic stripe no notice is generally required. Pay special attention to the ADL maximums listed in the 'specials' for each job.  Just for your information 5000 ppm lead in soils would be a very high amount, and is not likely to be seen, we have not used lead containing gasoline for a very long time.

How do I Hire a CIH to do My ADL or Lead Based Paint Plan

Easy just select the kind of project and fill out the form and send it to Dan Napier,CIH. He will write a plan that meets your needs and that meets CalTrans requirements.

Is there a Minority Contractor that can do my lead control plans (LCP) that are CIH certified?
Yes there is, call Nate Williams at (562) 804-4549 and he will do the work for you.  He is the Go To Guy for a highly qualified SH&E  minority  company Safety Environmental Consulting has a CIH on staff.

Has anybody conducted Industry wide studies?
Yes we have, and the results are very good.  The excavation of ADL has not been found to create an eight hour lead exposure above the permissible exposure level (PEL).  If anyone has been able to document that high a lead level from ADL work projects I would like to add those results to my META Study.  The studies are located at META Studies at DNA Industrial Hygiene.

Is the Marking and Line Removal (MLR)® or Bobcat ®Equipment that removes traffic stripe and markings covered as a trigger task?
Some people have posited that the equipment is a power tool and is covered in the statute 1532.1.  That is incorrect.  The statute is enforced as: “Plain Language” when something is not defined elsewhere the DIR refers to the Merriam Webster Dictionary.  The part of the standard quoted is under section (d) Exposure assessment

Here is the exact language:

(A) With respect to the lead related tasks listed in subsection (d)(2)(A), where lead is present, until the employer performs an employee exposure assessment as required in subsection (d) and documents that the employee performing any of the listed tasks is not exposed above the PEL, the employer shall treat the employee as if the employee were exposed above the PEL, and not in excess of ten (10) times the PEL, and shall implement employee protective measures prescribed in subsection (d)(2)(E).
The tasks covered by this requirement are:
1. Where lead containing coatings or paint are present: manual demolition of structures (e.g., dry wall), manual scraping, manual sanding, heat gun applications, and power tool cleaning with dust collection systems;

2. Spray painting with lead paint

The definition of tool in Merriam Webster:

Definition of tool

    1
    a :  a handheld device that aids in accomplishing a task
   b (1) :  the cutting or shaping part in a machine or machine tool
      (2) :  a machine for shaping metal :  machine tool

    2
    a :  something (as an instrument or apparatus) used in performing an operation or necessary in the practice of a vocation or profession <a scholar's books are his tools>
b :  an element of a computer program (as a graphics application) that activates and controls a particular function <a drawing tool>
    c :  a means to an end <a book's cover can be a marketing tool>
    d often vulgar :  penis

    3
    :  one that is used or manipulated by another

    4
    plural :  natural ability <has all the tools to be a great pitcher>

Clearly the equipment used to scarify the traffic Stripe does not fall under the definition of a tool.  All other tasks identified by the section of the standard refer to “Hand” held devices.  Finally the standard clearly states cleaning power tools with a HEPA Vacuum.  The operation of the MLR or Bobcat systems is not a tool cleaning operation.  They are designed devices that have been designed and proven to collect all lead dust when operated within the manufacturer’s guidelines.  Any failure of the system is marked with a significant visible dust cloud.

There is no possible way that a MLR® or Bobcat® could possibly be identified as a hand held tool.  There is no possible way that the use of either piece of equipment could be classified as a cleaning the tool with a HEPA vacuum.  
 
Please refer to the META Studies that were published at the 2014  AIHCE in San Antonio, Texas.


How long does it take to do a typical Lead Compliance Plan?

The first time it usually takes several days, after that if you are doing the same type of work the plans can be completed very quickly. Some Districts are now accepting a CIH Sealed Acrobat PDF®.  We of course provide those forms when you ask for them.  Some Districts  still need to get a wet signature CIH stamped paper original. 

Is this the same as a Storm Water Runoff  Plan?

No it is not a Storm Water Pollution Prevention Plan (SWPPP),  for that go to Cal_Storm Compliance Or Email  Ken KristoffersenCAL-Storm Compliance has the certifications to meet the new requirements.  After July 1st 2010, all SWPPPs must be prepared and signed off by a pre-qualified QSD, Qualified SWPPP Developer. The pre-requisites require a CA-PE or CPESC, Certified Professional, Erosion & Sediment Control, and by Sept. 2nd 2011,you must also have successfully completed and passed the State QSD class and test. To be a QSP, Qualified SWPPP Practitioner, must have completed and passed either the CISEC or CESSWI programs, and by Sept. 2nd successfully completed the state QSP class and test. Make certain that the people offering to do your SWPPP's are qualified to do the work.  For even more SWPPP information check the State FAQ. If you want the two plans bundled, please just call Dan Napier, CIH at 800-644-1924 x 103.

What is the CALTRANS Z-2 Y-2 designations about?

Type Y-1:
Material that contains ADL in average concentrations (using the 90 percent Upper Confidence Limit) of 1.5 mg/L or less extractable lead (based on a modified waste extraction test using deionized  water as the extractant) and 1,411 mg/kg or less total lead. This material is a California hazardous waste that may be reused as permitted under the variance of the DTSC provided that the lead contaminated soil is placed a minimum of 5 feet above the maximum historic water table elevation and covered with at least 1 foot of non-hazardous soil.

Type Y-2:
Material that contains ADL in average concentrations (using the 90 percent Upper Confidence Limit) that exceed either 1.5 mg/L extractable lead (based on a modified waste extraction test usingdeionized water as the extractant) or 1,411 mg/kg total lead but are less than 150 mg/L extractable lead (based on a modified waste extraction test using deionized water as the extractant) and less than 3,397 mg/kg of total lead. This material is a California hazardous waste that may be reused as  permitted under the variance of DTSC provided that the lead contaminated soil is placed a minimum of 5 feet above the maximum historic water table elevation and protected from infiltration by a pavement structure which will be maintained by the Department.

Type Z-2:
Material that contains ADL in average concentrations (using the 95 percent Upper Confidence Limit) greater than or equal to 1,000 mg/kg total lead, greater than or equal to 5.0 mg/L soluble lead (as tested using the California Waste Extraction Test), and the material is surplus; or material that contains ADL in average concentrations greater than 150 mg/L extractable lead (based on a modified waste extraction test using deionized water as the extractant) or greater than 3,397 mg/kg total lead. This material is a Department-generated California hazardous waste and must be transported to and disposed of at a California Class I disposal site.

Type Z-3:
Material that contains ADL in average concentrations (using the 95 percent Upper Confidence Limit) greater than 5.0 mg/L soluble lead, (as tested using the Toxicity Characteristic Leaching Procedure). This material is a Department-generated federal hazardous waste and must be transported to and disposed of at a California Class I disposal site.

Can I get a CIH any time I want?

Well, no. There only about 6000 CIH's in the entire world. There are several hundred in California, many work for companies, or agencies. There are many that can help you, us for example. Find a CIH you like and stick with them, in the long run they will be able to protect you and your company from excess costs, citations and problems with your Safety & Health program (IIPP).

Do I have to fill out any special forms?

Yes, generally you need to notify for each job where the lead material is greater than 5000 PPM.  Here is the form.  Send it them in to your nearest Cal OSHA Office and keep a copy.  The actual code is located at http://www.dir.ca.gov/Title8/1532_1.html.  The specific exception is Exception No. 1: The employer is not required to notify the Division if:A. The amount of lead-containing materials to be disturbed is less than 100 square or 100 linear feet; or B. The only subsection (d)(2) task to be performed consists of torch cutting or welding, not to exceed a duration of 1 hour in any shift. No. 2: The employer is not required to notify the Division if the percentage of lead in the material disturbed is less than 0.5%, 5,000 parts per million (weight by weight), or 1.0 mg/cm.  That means if you are moving  aerially deposited lead (ADL) Soils or removing white or yellow traffic stripe no notice is generally required.  You can fill it out online and print it, but you cannot save it unless you have Adobe Acrobat.®

Does CALTRANS deal with Lead any differently than anybody else?

Well they do have special arrangements with the California Department of Public Health, (CDPH.) They can put some lead contaminated soils back in road beds, under certain conditions. They can do some leachate testing using DI water instead of acid. All of this is very esoteric and should be discussed with your CIH who can discuss the finer points with the CALTRANS Resident Engineer RE.

What is Lead Air monitoring?

Air monitoring is a measure of the lead or metal in the air for the entire work shift (it should be eight hours), it is reported in µg/m3 or micrograms per cubic meter of air. TheCal OSHA number is 30µg/m3 (Action Level) with 50 µg/m3 for the PEL (Permissible Exposure Level.) Anything above 30 triggers personal protection, blood testing and a whole host of requirements. There is nodirect connection between the ADL in soil and air monitoring.  Soil is measured in parts per million, sometimes expressed as mg/kg, it is the same thing!  Air monitoring however is expressed in micrograms per cubic meter of air. OSHA references 5000 ppm for lead based paint, and 600 ppm for surface coatings.  Generally speaking material below 600 ppm lead does not require that air monitoring or PPE be provided unless the task is one of the "Trigger Tasks".   However the air monitoring results taken when good dust control methods are in place maintain the Lead in Air well below the 30 µg/m3 threshold.

What is the difference between LEAD by GFAAS 7105 and LEAD by Flame AAS 7082?

The short answer is that 7105 has a lower level of detection than 7082. The limit of detection (LOD)  for 7082 is around 2 micrograms, the LOD for 7105 is around 0.05 micrograms.  NIOSH has not verified the LOD for GFAAS (7105) The cost of the two methods is very different.  7105 requires much more work in the laboratory and is therefore co$t$ more than 7082.  The San Francisco Bay Area air quality management district requires that lead levels are demonstrated to be very low, so Bay Area lead monitoring literally requires that you use 7105 without specifying it.  Sometimes the specials ask you to meet the lower levels provided by 7105, but they then specify that you use 7082 as the "method".  You simply can not get there with 7082, the LOD is 2.6 micrograms per sample. 

Where and Who is a good Laboratory?

Contact your CIH to learn what needs to done, and read the additional air monitoring information here.

I tested the air and found No Lead, why do I have to keep testing?

Good news, you may not need to keep on testing. A properly qualified CIH can help you to test and submit documentation that you do not need to do air monitoring tests for at least the next twelve months. For ADL or stripe removal there is no requirement to continuously test.  You may not need to do anymore air monitoring, but read the CODE very carefully.  Please refer to the META Studies that were published at the 2014  AIHCE in San Antonio, Texas.

What are all the Lead tests about anyway?

The person who is accepting the waste is the one who will tell you what tests to conduct. It may vary, even in the same state. So ask the landfill before you waste your good money on the wrong test. Your CIH will be able to help you with these complex questions.

STLC Soluble Threshold Limit Concentration (WET Test or Waste Extraction Test) See California Title 22§66700 (milligrams/liter) This test takes several days to complete.

TTLC Total Threshold Limit Concentration (Wet Weight milligrams/kilogram mg/kg (or PPM the same thing) This test can be completed in about 2 hours, 1.5 Hours extraction in Strong acid, this is a fast test.

TCLP Toxicity Characteristic Leaching Procedure See Federal Code 40 CFR 136, this is in mg/liter. It will take several days to complete.

TCLP (40 CFR 136) is the Federal Method, 18 hours of extraction with acetic acid at different Ph solutions depending on the Ph of the original material. The STLC (California Title 22 § 66700) is a 48 hour extraction. Generally the California method results in a slightly higher level of lead, but both are very similar. If anything the STLC can be used instead of the TCLP for anything in California, If the disposal is in another State, use the TCPL or Teeclip test.

The tests extract the metal from the sample, or try to dissolve the material and cannot be done twice with the same material, the minimum amount of material is at least 50 grams for each test, so if you want to do both tests the sample size needs to be 200 grams about ˝ a pound of material. You can get Urine Test Collection bottles from a medical supply house.  They are the right size, inexpensive and clean (Sterile).

What all this means is that you have to have your load waiting to be disposed of for a minimum of three days for California Waste, and at least two days for Federal waste. Do not think you can have a truck load ready, conduct the test, read some readout and send the driver off. You will have to load the bin, do the test wait for the material to be at the lab more than 18 or 48 hours, and then get a fax from the lab after all the Quality Control checks have been made. Extraction is only one part of the analysis and the law specifies how long. You cannot order the lab to give you immediate turnaround for STLC that immediate turnaround would still be 48 hours, minimum. The folks in the lab need time to run the sample, type it have lunch etc.

The magic number for California is STLC lead 5 mg/liter for lead compounds or organic

Seventeen Metals STLC 5 TTLC 1000

The magic number for Federal TCLP for lead is 5 mg/liter

TCLP Eight Metals As 5 Ba 100 Cd 1 Cr 5 Pb 5 Hg 0.2 Se 1.0 Ag 5

Do the TTLC first, if it is below 1000, and above 10 times the STLC but below you must do STLC if above the STLC it is hazardous, if below it is non hazardous.

If TTLC is less than 10 X the STLC it is automatically non hazardous. eg Lead 45 is less than 10X5 or 50, therefore non-hazardous.

How Long Do Waste Characterization Tests Last?

Regulatory rules to classify a waste as California hazardous for handling and disposal are contained in the CCR, Title 22, Division 4.5, Chapter 11, Article 3, §66261.24.

How to determine if waste is  Resource, Conservation, and Recovery Act (RCRA) hazardous is in Chapter 40 of the Code of Federal Regulations (40 CFR), Section 261.

For waste containing metals, the waste is classified as California hazardous when:
1) the representative total metal content equals or exceeds the respective Total Threshold Limit Concentration (TTLC); or
2) the representative soluble metal content equals or exceeds the respective Soluble Threshold Limit

Concentration (STLC) based on the standard Waste Extraction Test (WET).

A waste has the potential of exceeding the STLC when the waste’s total metal content is greater than or equal to ten times the  STLC value since the WET uses a 1:10 dilution ratio. So, when a total metal is detected at a concentration greater than or equal to ten times the respective STLC, and assuming that 100 percent of the total metals are soluble, soluble metal analysis is required. A material is classified as RCRA hazardous, or Federal hazardous, when the representative soluble metal content equals or exceeds the Federal regulatory level based on the Toxicity Characteristic Leaching Procedure (TCLP).

In general you have to use the first testing results for waste characterization.  However you cannot use laboratory results that are old.  The age factor is determined by the place where you want to take the waste material.  For example, if you want to take the material to say “ Clean Harbors in California”say at the Buttonwillow Landfill Facility, and you think it contains lead from a test that was conducted in situ (testing done on soils in a fixed location, not yet excavated) and was conducted two years ago,.  I understand that the waste facility cannot use that laboratory data because it is more than one year old.  In that case reclassification by WET is required, prior to transport to and acceptance at the facility.  
 

How fast can I get results?

That depends on the test, air monitoring can be returned the next day, but the cost is pretty steep. Tests for hazardous materials require a "Leachate" test and that requires that the laboratory soak the test material for 48 hours as part of the analysis. Again you need to get information from your CIH and the Laboratory to be able to plan these projects. CALTRANS has a special agreement with CDPH and they can do the leachate test with DI water rather than acid.   CALTRANS has a system of identifying soil types, check out the Flow Chart to see what you can do with what you have.

Who Can Help me Dispose of the Waste?

Pete Timmerman at 925-457-3781 or email him at gotlead@sbcglobal.net. Pete will handle the waste characterization, (Profiling) and get the waste samples to the appropriate lab. Coordinate the pick-up with the waste hauler. Generally, coordinate with CalTRANS and answer their questions and comments.

What kind on containers can I use?

In short you can use a DOT Approved Container.  Usually the specials have more specific requirements.  Because of recent problems, the specials require the materiel to be stored in a secure area.  You cannot transport the waste anywhere but on the job.  Do not drive around with this in your truck unless you just happen to be a licensed hazwaste hauler on their way to a  transfer and storage site (TSD) or waste site. The only thing that you can do is package the waste on site. Pursuant to CCR T22, Article 3, section 66262.30 - Before transporting hazardous waste or offering hazardous waste for transportation off site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under Title 49 CFR Parts 173, 178, and 179. 

 Here are the reference sections from 49 CFR: http://www.dot.gov/regulations.html

49 CFR, Part 173: Shippers-general requirements for shipments and packaginghttp://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=r49CFR173.24

Where can I get Hazardous Waste Bins?

Call Sean Kelly (909)963-8265  at ECTI. All you need is a DOT approved container, so you can use barrels, or super sacks. You are not limited to roll off bins.

Who will cite me about these lead or other exposures?

Well that depends on what you are doing.  If it is about your employees, Cal-OSHA or the Division of Industrial Relations, Department of Occupational Safety will enforce rules in regards to your employees.  The local Air Quality Board AQMD in Los Angeles for instance will cite you for environmental crimes.  Dumping something where you should not, or making a visible dust cloud.

How far can they go back for something I did long ago and far away?

The usual length of time is three years, OSHA is limited to one year.  The tricky part is that the Agency time starts when they found out about the problem.  You can read more at HTTP://www.dnacih.com/StatuteofLimitations.pdf


Does lead really cause Childhood Intelligence disorders?

After all he effort to remove lead we do not have a single incidence of improvement in intelligence in the studied populations. There is a very thoughtful study that has a possible explanation. Read the information.

Is there any good information about the OSHA rules about lead?

The OSHA home page is a good starting point, as is the California CDPH Lead information page.

Disclaimer: Nothing herein constitutes official  interpretation of State Water Resources Control Board Order No. 2009-0009-DWQ or Cal OSHA Title 8 or any other Law or regulation. The actual provisions of the laws or regulations  should be consulted, as they will govern in all circumstances. The information contained in this FAQ is for general guidance purposes only, and the state, my company, me or anybody else does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of this information.  The above information is as helpful as I can get it, sometimes I get information from confused or misinformed people or people who have just had a bad day.  So check your sources.  Learn as much as you can love many and trust few.

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