in-20260909-IR-410260314FNA: DUST-LEAD HAZARD STANDARDS AND POST-ABATEMENT CLEARANCE LEVELS

TITLE 410 INDIANA DEPARTMENT OF HEALTH Notice of First Public Comment Period LSA Document #26-314 DUST-LEAD HAZARD STANDARDS AND POST-ABATEMENT CLEARANCE LEVELS PURPOSE OF NOTICE The Indiana Department of Health (IDOH) is soliciting public comment on amending and repealing rules at 410 IAC 32 concerning Indiana's lead-based paint activities program, including dust-lead hazard standards, post-abatement clearance levels, and related definitions. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260909-IR-410260314RAA Notice of Public Hearing: 20260909-IR-410260314PHA CITATIONS AFFECTED: 410 IAC 32-1; 410 IAC 32-2-7; 410 IAC 32-3-3; 410 IAC 32-4-9 AUTHORITY: IC 16-41-39.8-6 OVERVIEW Basic Purpose and Background On November 12, 2024, the U.S. Environmental Protection Agency (EPA) finalized a rule revising the Dust-Lead Hazard Standards (DLHS) and Dust-Lead Post-Abatement Clearance Levels (DLCL). The revised DLHS identify any reportable level of lead in dust, as analyzed by a laboratory recognized by EPA's National Lead Laboratory Accreditation Program, as a hazard. The revised DLCL are 5 micrograms per square foot for floors, 40 micrograms per square foot for windowsills, and 100 micrograms per square foot for window troughs. States with EPA-authorized lead-based paint activities programs must demonstrate that their programs are at least as protective as the revised federal standards by January 11, 2027. IDOH proposes to amend 410 IAC 32 to align Indiana's lead-based paint activities program with the revised federal standards and preserve Indiana's authority to administer the program in lieu of EPA enforcement. The amendments revise definitions and post-abatement clearance procedures. The rulemaking will affect Indiana licensed lead risk assessors, inspectors, clearance examiners, lead abatement contractors, project supervisors, workers, project designers, and laboratories that analyze environmental lead samples. Children and families in homes or day cares with lead hazards may also be affected through more protective hazard identification and post-abatement clearance requirements. The proposed changes do not add or increase fees, fines, or civil penalties. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT IDOH is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 9, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, Indiana, and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Department of Health office. If IDOH does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 12. "Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of a remediation activity. Clearance may only be achieved by confirming that the lead level of any surface component is lower than the hazard level United States Environmental Protection Agency Dust-Lead Action Level (DLAL) as specified in 40 CFR 745.227(e)(8)(viii)*, as in effect on August 21, 2026, for that same building component. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-L/section-745.227, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 17. "Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated lead-containing dust and debris created during abatement. Sec. 28. (a) "Dust-lead hazard" means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding the hazard threshold set forth by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. a detectable level of lead as specified in 40 CFR 745.65*, as in effect on August 21, 2026. (b) A dust-lead hazard is present in a residential dwelling or child-occupied facility: *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20402. 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-D/section-745.65, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 38. "Hazardous waste" means any waste as defined in 40 CFR 261.3*, or 329 IAC 3.1. as in effect on August 21, 2026. *This document is incorporated by reference. Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-261/subpart-A/section-261.3, or are available for review and copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana IN 46204. Sec. 48. "Lead-contaminated dust" means surface dust in residential dwellings or child-occupied facilities that contain an area or mass concentration of lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. any detectable amount of lead as specified in 40 CFR 745.65*, as in effect on August 21, 2026. *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20402. 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-D/section-745.65, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 49. "Lead-contaminated soil" means bare soil on residential real property and on the property of a child-occupied facility that contains lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. as specified in 40 CFR 745.65*, as in effect on August 21, 2026. *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20402. 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-D/section-745.65, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 70. "Risk assessor" means a person who has been trained by an approved training course provider and licensed by the department to conduct inspections, lead-hazard screens, and risk assessments. A risk assessor also samples for the presence of lead in water, dust, and soil for the purposes of abatement clearance testing. Sec. 72. (a) "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead at, or in excess of, levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021. has the meaning set forth in 40 CFR 745.65(c)*, as in effect on August 21, 2026. (b) A soil-lead hazard is present: (c) If the soil is removed, it shall: must: (d) If the soil-lead hazard is equal to or exceeds levels identified by the United States Environmental Protection Agency, 40 CFR Part 745*, effective March 8, 2021, in 40 CFR 745.65(c)*, as in effect on August 21, 2026, the soil-lead hazard must be remediated using an abatement activity. (e) Interim controls as specified in 24 CFR 35.1330(f)**, as in effect on August 20, 2026, are acceptable remediation options to control soil lead hazards. *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20402. 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-D/section-745.65, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. **This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, online at https://www.ecfr.gov/current/title-24/subtitle-A/part-35/subpart-R/section-35.1330, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 7. (a) Any person holding a current United States Environmental Protection Agency (U.S. EPA) state or tribe authorized lead-based paint program license from another state, who is applying for an initial Indiana lead-based paint license from the department as a lead-based paint inspector, risk assessor, project designer, supervisor, worker, or clearance examiner under this rule, shall do the following: (b) Any person holding a current U.S. EPA state or tribe authorized lead-based paint program license, who is applying for an initial Indiana license from the department to conduct lead-based paint activities as a contractor under this rule, shall do the following: (c) If the department determines the information on the application is incomplete, the department shall request in writing that the applicant submit the missing information. If the information is not submitted within one (1) year of the department department's receipt of the application, the application will expire and the fee is not transferable. (d) In addition to the requirements of subsections (a) through (b), the department may require an applicant or a designated representative to take an examination administered by the department. The examination shall must cover only the discipline for which the applicant is seeking licensure. The commissioner shall deny the application if the applicant does not receive a passing score of seventy percent (70%). If the department denies the application, the certificate of training is invalid and the applicant must retake and pass the initial training course for the discipline for which the applicant is seeking a license and any subsequent third-party examinations. (e) The applicant shall provide two (2) copies of a clear and recent one and one-half (1½) inch by one and one-half (1½) inch identifying color photograph at the time of application. (f) The department shall review the application and shall make a determination as to the eligibility of the person. The department shall issue a lead-based paint program license to any person who fulfills the requirements established by this rule. The lead-based paint license shall expire expires three (3) years after issuance. The department may deny an application for a lead-based paint program license based on any of the applicable criteria listed in section 6 of this rule or for failure to comply with any other provision of this rule. (g) Applications must be completed in writing and submitted for processing. If the license is approved, the license will be sent to the applicant via the United States Postal Service to the address listed on the application. *This document is incorporated by reference. Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-L, or are available for review and copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana IN 46204. Sec. 3. To offer lead-based paint course instruction in any one (1) or all of the disciplines, training course providers must ensure that their courses of study meet, at a minimum, the following training hour requirements and hands-on activities: *These documents are *This document is incorporated by reference. Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401 20401-0001, online at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter53/subchapter4&edition=prelim, or are available for review and copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana IN 46204. **This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, online at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-D/section-1926.62, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. ***This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Sec. 9. The following post-abatement final visual clearance procedures shall be performed only by a licensed inspector or risk assessor: (F) The clearance levels for lead in dust are a mass-per-area concentration of lead equal to or exceeding the hazard threshold action level of a specific building component as set forth by the United States Environmental Protection Agency 40 CFR Part 745*, effective March 8, 2021. in 40 CFR 745.227(e)(8)(viii)*, as in effect on August 21, 2026. *This document is incorporated by reference. Sales of the Code of Federal Regulations are handled exclusively by the Superintendent of Documents, Copies may be obtained from the Government Printing Publishing Office, 732 North Capitol Street, NW, Washington, DC 20402. 20401-0001, online at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-L/section-745.227, or are available for review and copying at the Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204. Documents Incorporated by Reference: 24 CFR 35.1330, as in effect August 20, 2026; 29 CFR 1926.62, as in effect August 4, 2026; 40 CFR 261.3, as in effect August 21, 2026; 40 CFR 745.65, as in effect August 21, 2026; 40 CFR 745.227, as in effect August 21, 2026; 15 U.S.C. Chapter 53, Subchapter IV, as in effect October 28, 1992 Small Business Regulatory Coordinator: Kendra Harper, Indiana Department of Health, 2 North Meridian Street, Indianapolis, IN 46204, (317) 233-7408, Kharper1@health.in.gov