The definition of “soil sample” at 40 CFR §745.63 relies on certain American Society of Testing Materials (ASTM) standards. Did EPA intend to prevent the use of EPA and HUD standards for soil samples?

Answer:  No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples be taken using documented methodologies that incorporate adequate quality control procedures. At §745.227(a)(3), EPA lists documented methodologies that are appropriate for the work practice standards, including the HUD Guidelines and certain EPA methodologies, and also states that “other equivalent methods” are acceptable. Although the definition of “soil sample” refers specifically to ASTM standards, EPA does not interpret this as limiting the acceptable standards to those of ASTM. EPA considers HUD’s Appendix 13.3: “Soil Sampling: Protocol for Housing,” (“Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” June 1995) and EPA’s “Protocol for Collection of Soil Samples for Lead Determination ” (pp. 6-14 of “Residential Sampling for Lead: Protocols for Dust and Soil Sampling, Final Report,” EPA 747-R-95-001, March 1995), to be the equivalent of the ASTM standards, and therefore, acceptable for use.

Question Number: 23002-33457

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