[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11400]
[[Page Unknown]]
[Federal Register: May 12, 1994]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 35, et al.
Lead-Based Paint Hazard Elimination;
Proposed Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary--Office of Lead-Based Paint Abatement and
Poisoning Prevention
24 CFR Parts 35, 200, 280, 291, 510, 511, 570, 577, 578, 579, 882,
885, 886, 887, 890, 905, 941, 961, 965, and 968
[Docket No. R-94-1692; FR-3061-P-01]
RIN 2501-AB23
Lead-Based Paint Hazard Elimination
AGENCY: Office of the Secretary--Office of Lead-Based Paint Abatement
and Poisoning Prevention, HUD.
ACTION: Proposed rule.
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SUMMARY: HUD is proposing to amend its regulations regarding the
elimination of hazards due to lead-based paint and inviting public
comments on the amendments. The amendments would remedy inaccuracies
and respond to advancements in the state of knowledge in the field of
lead-based paint testing and hazard reduction. This proposed rule would
amend both the Department's basic regulation concerning lead-based
paint poisoning prevention in residential structures and additional
regulations pertaining to specific programs of the Department. The
changes would include revising the definitions of an elevated blood-
lead level, defective paint and chewable paint; redefining the age of
concern for children subject to lead hazards; providing definitions of
hazard reduction methods; adding the option to test defective paint
surfaces and permitting the use of laboratory analysis such as atomic
absorption spectrometry (AAS); modifying approved abatement practices
to control lead-based paint dust; revising requirements pertaining to
the number of dwelling units to be sampled under the random sampling
provision.
DATES: Comments due date: July 11, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Rules Docket Clerk, Office of General
Counsel, room 10276, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410-0500. Communications should
refer to the above docket number and title. Facsimile (FAX) comments
are not acceptable. A copy of each communication submitted will be
available for public inspection and copying between 7:30 a.m. and 5:30
p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: Arthur S. Newburg, Director, Office of
Lead-Based Paint Abatement and Poisoning Prevention, room B-133,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC. 20410, telephone (202) 755-1785 or (202) 708-9300 (TDD)
or 1-800-877-8339 (Federal Information Relay Service TDD). (Other than
the ``800'' number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Background
The existing lead-based paint regulations pertaining to the
Department's programs were written pursuant to the passage of the Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. 4801-4846) in the early
1970s. This legislation required the Secretary to ``establish
procedures to eliminate as far as practicable the hazards of lead-based
paint poisoning with respect to any existing housing which may present
such hazards and which is covered by an application for mortgage
insurance or housing assistance payments under a program administered
by the Secretary.'' HUD implemented that requirement by promulgating 24
CFR part 35 in 1976 (41 FR 28878, July 13, 1976). Part 35 includes the
general procedures for the testing and abatement of lead-based paint
hazards in HUD-associated housing and applies to all programs. Section
35.5(c), however, allows each Assistant Secretary to develop
regulations pertaining to specific HUD programs. It is the Department's
intent that program-specific regulations define the conditions that
require action, but reference part 35 for specification of how the
action should be conducted.
Since part 35 was first written, amendments to it and to the
program-specific regulations have been issued from time to time in
response to changes in the law and increased knowledge about the
hazards and treatment of lead-based paint. The most recent Department-
wide regulatory revisions pertaining to lead-based paint were made in
1986, 1987, and 1988. Some additional revisions specific to the public
and Indian housing programs were issued in 1991. However, new
legislation--specifically the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (title X, Pub. L. 102-550; approved October 28,
1992) (Title X)--and recent advances in knowledge have again made some
of the information in the existing regulations obsolete. Therefore, the
Department is undertaking a comprehensive revision of its lead-based
paint regulations.
The changes in this proposed rule would represent the first phase
in the revision process. In the first phase, HUD would correct certain
provisions in the regulations that are clearly out of date and should
be corrected as soon as possible. Subsequent revisions will implement
Title X, which establishes new requirements effective January 1, 1995.
The Department intends to issue proposed regulations implementing the
new Act as soon as possible, to allow the maximum amount of time for
comment and for preparation by State and local agencies and the private
sector.
HUD welcomes comments on the regulatory revisions that are
described in this proposed rule.
Revising the Definition of an Elevated Blood-Lead Level
Current regulations require special procedures if a child has an
``elevated blood-lead level.'' This proposed rule would change the
definition of an elevated blood-lead level (EBL) to conform to the new
recommendations of the Department of Health and Human Services, Centers
for Disease Control (CDC), regarding blood lead levels that require
environmental intervention. Existing regulations define an EBL as equal
to or exceeding 25 micrograms per deciliter (g/dl). The
Department's new standard for environmental intervention would be equal
to or exceeding 20 g/dl for a single test or 15-19 g/
dl in two consecutive tests several months apart.
Many people are under the impression that the CDC, in its
Statement, Preventing Lead Poisoning in Young Children (October 1991),
effectively lowered the definition of an EBL to 10 g/dl. It is
true that the Statement indicates that ``the overall goal is to reduce
children's blood lead levels below 10 g/dl. However, the
Statement does not recommend medical or environmental intervention at
levels of 10-14 g/dl. Three reasons are given:
First, particularly at low blood lead levels, laboratory
measurements may have some inaccuracy and imprecision, so a blood
lead level in this range (10-14 g/dl) may, in fact, be
below 10 g/dl. Second, effective environmental and medical
interventions for children with blood lead levels in this range have
not yet been identified and evaluated. Finally, the sheer numbers of
children in this range would preclude effective case management and
would detract from individualized follow-up required by children who
have higher blood lead levels.
(See, U.S. Department of Health and Human Services, Public Health
Service, Centers for Disease Control, Preventing Lead Poisoning in
Young Children, A Statement by the Centers for Disease Control--October
1991, page 2.)
The definition currently used by HUD of an EBL first appears in 24
CFR 200.805. The revised definition would be included in 24 CFR 35.3,
because the definition affects all residential HUD programs. Specific
program regulations could then reference the definition in part 35 as
appropriate, although some program regulations might continue to repeat
the definition.
Definitions To Be Revised
Title X amends the Lead-Based Paint Poisoning Act to change the
childhood age of concern from less than 7 years of age to less than 6
years. This change, which also reflects the advice of the CDC in its
Statement, cited above, requires revisions to HUD's lead-based paint
regulations in several locations. For example, the current definition
of residential structure (24 CFR 35.3), includes a reference to
nondwelling facilities ``commonly used by children under seven years of
age.'' A similar reference currently is found in 24 CFR 200.815(c),
which requires that, in the case of a sale of a HUD-owned single-family
property, if the purchaser is an owner-occupant and the occupant family
contains one or more children under the age of seven years, the sale of
a HUD-owned single-family property must be deferred to allow time to
check for elevated blood lead levels and test for and abate lead-based
paint. A similar requirement pertains to multifamily properties (see 24
CFR 200.820(c)(ii) and 24 CFR 200.825(c)(1)).
HUD also would revise or add definitions of the following terms in
24 CFR 35.22: defective paint, HEPA, HUD-associated housing, misted
scraping, paint removal, replacement, and residential structure.
Options To Test Defective Surfaces and Use Laboratory Analysis
The proposed rule would provide an option for testing of defective
paint surfaces to determine if, in fact, lead-based paint is present;
if the test results are below 1.0 mg/cm2, abatement is not
required. For structures built prior to 1978, the existing regulations
require visual inspection for defective paint surfaces and treatment of
those surfaces found to be defective. Therefore, under the existing
regulations, surfaces that are defective but do not contain lead and
are not hazardous may be unnecessarily treated. Testing the surface is
the only way to determine if it is hazardous and thus requires
treatment. The revision would permit a cost review between testing and
treatment without testing.
The proposed rule also specifically would permit laboratory
analysis as an approved alternative to XRF testing. Current program
regulations require the Federal Housing Commissioner's permission to
use laboratory analysis on a case-by-case basis. This has led to a
burdensome and growing number of individual concurrence actions. XRF
readings are given in milligrams per square centimeter (mg/cm\2\), but
laboratories frequently report test results as a percent of lead by
weight. Therefore, an alternative standard of 0.5 percent by weight or
5000 parts per million (ppm) would be permitted as an alternative to
the more widely used standard of 1.0 mg/cm\2\.
Approved Abatement and Dust-Control Practices
At the time the existing regulation was written, abatement
techniques were not refined and the danger of lead dust was relatively
unknown. Research and experience in both the public and private sectors
have advanced the state of knowledge on these subjects. The proposed
rule would reference various abatement methods (defined in 24 CFR
35.22) that are consistent with the HUD Interim Guidelines and In-Place
Management Recommendations. The proposed rule also would warn about the
danger of lead dust. Sections 35.56(a) (1) and (2), concerning
requirements applicable to the sale of federally owned property that
will be used for residential purposes, also would be amended in this
proposed rule.
Including Up-to-Date Sampling and Testing Information
Given the high cost of testing for lead-based paint, it is
desirable to follow a statistically sound random sampling technique
that provides satisfactory assurance of detecting lead-based paint,
while not requiring the testing of all units in a multifamily property.
Existing regulations for the multifamily mortgage insurance and
multifamily property disposition programs require the testing of
chewable surfaces in a random sample of ten housing units in properties
of 20 units or more. For properties with fewer than 20 units, six units
must be tested. These requirements do not have statistical validity and
consequently do not provide the desired degree of assurance. Using the
sample sizes and random sampling procedures in this proposed rule, if
no unacceptable hazards are observed in the sample units tested, then
there would be at least 95 percent confidence that no more than 5
percent of all units or 50 units, whichever is smaller, would have an
unacceptable lead-based paint hazard. The table included in
Sec. 200.820(e) of the proposed rule was developed to achieve the 95
percent confidence level.
As an example, the table would require that 56 units must be tested
in a 600-unit development. If lead (above th e standard of 1.0 mg/
cm2) is not found in any of the 56 tested units, the Department
can be 95 percent confident that no more than 30 units (the lesser of
50 or 5 percent of 600) have lead levels above the standard. As a
second example, 236 units (5.9 percent of 4,000) must be tested in a
4,000-unit development. If all are below the standard, there is 95
percent confidence that no more than 50 of the 4,000 units (the lesser
of 50 or 5 percent of 4000) have lead levels above the standard.
The size of the sample (number of units to be tested) is determined
by three factors:
N = Total number of units in the project;
k = Maximum number of leaded units (a unit with one or more components
with lead-based paint at or above the standard of 1.0 mg/cm2) that
can be tolerated to be missed completely;
n = Smallest number of units that must be tested to provide 95 percent
confidence that the total number of leaded units is less than ``k'',
based on finding no leaded units in the sample tested.
For example, to be 95 percent confident that no more than 5 percent of
300 units have lead, then k=15; if no more than 50 out of 4,000 with
lead, then k=50.
In the usual statistical convention, ``n'' is defined as the
smallest integer for which the probability of obtaining no positives in
a simple random sample of size ``n'' from a population of size ``N'',
of which ``k'' are positive, is less than 0.05. When ``k'' of ``N''
total are positive, the probability of observing no positives in a
simple random sample of size ``n'' is given by the formula:
[(N-k)(N-k-1) ... (N-k-n+1)]/[(N)(N-1) ... (N-n+1)].
The required value of ``n'' is obtained by successively evaluating this
expression for n = 1, 2, 3, . . ., until the value of the formula first
drops below 0.05. The table in Sec. 200.820(e) of the proposed rule was
generated using this method.
Several points need to be made about the revised table. First, for
less than 20 units total, all units would have to be tested to get the
desired confidence level. Second, the percentage of units to be tested
would decrease with increasing size of the project. Third, it is
apparent from the table that for values of ``N'' above 1,006, 5.9
percent of the units would need to be tested.
Lower sample sizes may be attractive because of lower testing
costs, but that reduces the assurance that units are not lead-
contaminated. The existing procedure does not provide any identifiable
level of assurance. Of course, 100 percent assurance can only be
achieved by requiring the testing of all the units in a project, at
much higher cost.
Other Matters
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with part 50 of this title, which
implements section 102(2)(C) of the National Environmental Policy Act
of 1969, 42 U.S.C. 4332. This Finding relies in substantial part on an
Environmental Assessment prepared for the Lead-Based Paint Interim
Guidelines. The subject Finding of No Significant Impact is available
for inspection and copying during regular business hours in the Office
of the Rules Docket Clerk, room 10276, 451 Seventh Street, SW.,
Washington, DC 20410.
Executive Order 12866
This proposed rule was reviewed by the Office of Management and
Budget (OMB) under Executive Order 12866 on Regulatory Planning and
Review, issued by the President on September 30, 1993. Any changes made
in the proposed rule subsequent to its submission to OMB are identified
in the docket file, which is available for public inspection as
provided under the section of this preamble entitled ``Addresses.''
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this proposed rule before publication and
by approving it certifies that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
The proposed rule is limited to implementation of statutory changes to
the Lead-Based Paint Poisoning Prevention Act; there are no
anticompetitive discriminatory aspects of the proposed rule with regard
to small entities and there are not any unusual procedures that would
need to be complied with by small entities.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12506, the Family, has determined that this proposed rule would
not have potential significant impact on family formation, maintenance,
and general well-being, and, thus, is not subject to review under the
Order. The function of this proposed rule is to remedy inaccuracies in
existing program regulations and respond to advancements in the field
of lead-based paint testing and hazard reduction.
Executive Order 12512, Federalism
The General Counsel, as the Designated Official under section 8(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this proposed rule do not have federalism implications
and, thus are not subject to review under the Order. The function of
this proposed rule would be to remedy inaccuracies in existing program
regulations and respond to advancements in the field of lead-based
paint testing and hazard reduction. Issuance of this proposed rule in
no way changes or affects the existing relationships among Federal,
State, and local governments.
Semiannual Agenda of Regulations
This proposed rule was listed as Item No. 1533 in the Department's
Semiannual Agenda of Regulations published on April 25, 1994 (59 FR
20424, 20435) under Executive Order 12866 and the Regulatory
Flexibility Act, and was requested by and submitted to the Committee on
Banking, Housing and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of Representatives
under section 7(o) of the Department of Housing and Urban Development
Act.
List of Subjects
24 CFR Part 35
Grant programs--housing and community development, Lead poisoning,
Mortgage insurance, Rent subsidies, Reporting and recordkeeping
requirements.
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Housing standards, Incorporation by
reference, Lead poisoning, Loan programs--housing and community
development, Minimum property standards, Mortgage insurance,
Organization and functions (Government agencies), Penalties, Reporting
and recordkeeping requirements, Social security, Unemployment
compensation, Wages.
24 CFR Part 280
Community development, Grant programs--housing and community
development, Loan programs--housing and community development, Low and
moderate income housing, Nonprofit organizations, Reporting and
recordkeeping requirements.
24 CFR Part 291
Community facilities, Conflict of interests, Homeless, Lead
poisoning, Low and moderate income housing, Mortgages, Reporting and
recordkeeping requirements, Surplus government property.
24 CFR Part 510
Lead poisoning, Loan programs--housing and community development,
Relocation assistance, Reporting and recordkeeping requirements, Social
security, Urban renewal.
24 CFR Part 511
Administrative practice and procedure, Grant programs--housing and
community development, Lead poisoning, Low and moderate income housing,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan
programs--housing and community development, Low and moderate income
housing, New communities, Northern Mariana Islands, Pacific Islands
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and
recordkeeping requirements, Small cities, Student aid, Virgin Islands.
24 CFR Part 577
Community facilities, Employment, Grant programs--housing and
community development, Grant programs--social programs, Individuals
with disabilities, Homeless, Indians, Mental health programs, Nonprofit
organizations, Reporting and recordkeeping requirements, Technical
assistance.
24 CFR Part 578
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Individuals with
disabilities, Homeless, Mental health programs, Nonprofit
organizations, Reporting and recordkeeping requirements, Technical
assistance.
24 CFR Part 579
Community facilities, Grant programs--housing and community
development, Grant programs--social programs, Homeless, Reporting and
recordkeeping requirements.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 885
Aged, Individuals with disabilities, Loan programs--housing and
community development, Low and moderate income housing, Reporting and
recordkeeping requirements.
24 CFR Part 886
Grant programs--housing and community development, Lead poisoning,
Rent subsidies, Reporting and recordkeeping requirements.
24 CFR Part 887
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 890
Civil rights, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Mental health programs,
Reporting and recordkeeping requirements.
24 CFR Part 905
Aged, Energy conservation, Grant programs--housing and community
development, Grant programs--Indians, Individuals with disabilities,
Lead poisoning, Loan programs--housing and community development, Loan
programs--Indians, Low and moderate income housing, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 941
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.
24 CFR Part 961
Drug abuse, Drug traffic control, Grant programs--housing and
community development, Grant programs--Indians, Grant programs--low and
moderate income housing, Public housing, Reporting and recordkeeping
requirements.
24 CFR Part 965
Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and
recordkeeping requirements, Utilities.
24 CFR Part 968
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing, Reporting and
recordkeeping requirements.
Accordingly, 24 CFR parts 35, 200, 280, 291, 510, 511, 570, 577,
578, 579, 882, 885, 886, 887, 890, 905, 941, 961, 965, and 968 are
proposed to be amended as follows:
PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES
1. The authority citation for part 35 would be revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 4821-1846.
2.Section 35.3 would be amended by:
a. Adding in alphabetical order a new definition ``Elevated blood
lead level or EBL'';
b. Amending the definition of ``HUD-associated housing'' by
removing the word ``or'' at the end of paragraph (2), replacing the
period with a comma at the end of paragraph (3), and adding new
paragraphs (4) and (5) in that definition; and
c. Revising the definition of ``residential structure'', to read as
follows:
Sec. 35.3 Definitions.
* * * * *
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms of lead per deciliter of whole blood) for a single test or
of 15-19 g/dl in two consecutive tests several months apart.
HUD-associated housing. * * *
(4) That is currently covered by a mortgage held by the Secretary;
or
(5) That was purchased by a third party at a foreclosure by the
Secretary of a Secretary-held mortgage and is subject to any
requirements regarding its use or operation under an agreement, or
condition imposed by the Secretary.
Residential structure. Any house, apartment, or structure intended
for human habitation, including any nondwelling facility operated by
the owner and commonly used by children less than six years of age,
such as a child care center.
* * * * *
3. Section 35.10 would be revised to read as follows:
Sec. 35.10 Purpose and scope.
This subpart implements the provisions of 42 CFR part 90, issued by
the Secretary of Health and Human Services pursuant to section 401 of
the Act, which are applicable to Federal agencies and prohibit the use
of lead-based paint in residential structures constructed or
rehabilitated by the Federal government or with Federal assistance.
This subpart also establishes procedures to prohibit the use of lead-
based paint in all HUD-associated housing.
4. Section 35.14 would be revised to read as follows:
Sec. 35.14 Requirements.
(a) No office of the Department shall use or permit the use of
lead-based paint in HUD-associated housing.
(b) Each Assistant Secretary shall implement the requirements of
paragraph (a) of this section with respect to the HUD programs within
his/her administrative jurisdiction. Implementation shall include:
(1) The establishment of procedures to require the inclusion of
appropriate provisions in contracts and subcontracts involving HUD-
associated housing prohibiting the use of lead-based paint in the HUD-
associated housing; and
(2) Provisions necessary for enforcement of the prohibition.
5. Section 35.22 would be amended by removing the definition of
``applicable surface''; by revising the definition of ``defective paint
surface''; and by adding in alphabetical order definitions of ``HEPA'',
``misted scraping'', ``paint removal'', and ``replacement'', to read as
follows:
Sec. 35.22 Definitions.
* * * * *
Defective paint surface means a surface on which the paint is
nonintact, i.e. the paint is cracking, scaling, chipping, peeling, or
loose.
HEPA means a high efficiency particle air filter, as used in lead-
abatement vacuum cleaners.
* * * * *
Misted scraping means both the surface to be scraped and the
scraping tool are kept wet with water during the removal process to
minimize the dispersal of paint chips and air-borne dust.
Paint removal means stripping paint from the surfaces of building
components.
Replacement means the removal of building components, such as
windows, doors, and trim, that have lead-based painted surfaces and the
installation of new components free of lead-based paint.
* * * * *
6. Section 35.24 would be amended by revising paragraphs (b)
introductory text, (b)(1) and (b)(2); by redesignating paragraph (b)(3)
and (b)(4) as paragraphs (b)(5) and (b)(6), respectively; and by adding
new paragraphs (b)(3) and (b)(4), to read as follows:
Sec. 35.24 Requirements.
* * * * *
(b) Subject to the provisions of separate regulations promulgated
with respect to any program by the Assistant Secretary having
jurisdiction over that program, the following minimum requirements
shall apply to all programs:
(1) All painted surfaces of HUD-associated housing constructed
before 1978 shall be inspected to determine whether defective paint
surfaces exist.
(2) Defective paint surfaces must either:
(i) Be tested for lead content and, if found to contain lead at
concentrations equal to or exceeding levels specified in paragraph
(b)(3) of this section, abated as described in paragraph (b)(4) of this
section. Defective paint surfaces that do not contain lead-based paint
do not require treatment; or
(ii) Be abated, if defective paint surfaces are not tested. If not
tested, the presence of lead-based paint shall be assumed.
(3) If defective paint surfaces are tested, testing shall be
accomplished by using a portable X-ray fluorescence (XRF) analyzer or
by laboratory analysis of paint samples, whichever is more cost
effective. Abatement as described in paragraph (b)(4) of this section
is required of all defective paint surfaces for which the test results
equal or exceed 1.0 milligram of lead per square centimeter of paint
surface. If the laboratory reports the test results in percent by
weight, the standard shall be 0.5 percent or 5000 parts per million
(ppm). A qualified inspector or laboratory shall certify in writing the
precise results of the testing.
(4)(i) Lead-based paint abatement can create lead dust that is
dangerous to workers and occupants, especially small children.
Abatement should be performed only by workers who are trained in
managing lead hazards and are properly protected. Abatement should not
be undertaken by home craftsmen, even very skilled ones, or untrained
construction professionals. The generation and control of dust must be
carefully considered when selecting the abatement method. Dust caused
by abatement shall be contained within the work area and shall not be
allowed to spread to adjacent spaces or the soil.
(ii) Abatement shall be by covering lead-based paint surfaces,
removal of paint, or replacement of painted building components.
Acceptable methods of covering lead-based paint surfaces require the
use of durable materials, sealed and caulked to prevent the escape of
lead-contaminated dust. Acceptable methods of paint removal are misted
scraping, scraping with an infrared or coil-type heat gun, and chemical
stripping on- or off-site. Unacceptable methods of abatement include
dry unassisted scraping; machine sanding and use of propane or gasoline
torches (open flame methods); and washing and repainting without first
thoroughly removing the paint by one of the approved methods.
(iii) Appropriate action shall be taken to protect occupants,
especially young children and pregnant women, from lead hazards
associated with abatement. Occupants may not enter spaces undergoing
abatement. In most circumstances, occupants must be temporarily
relocated during abatement, in accordance with Sec. 35.28.
(iv) All abatement procedures must be concluded with a thorough
cleaning of all surfaces in the affected dwelling units and common
areas in order to remove lead dust. Cleanup shall be accomplished by
vacuuming with a HEPA vacuum and washing surfaces with a trisodium
phosphate detergent, followed by another high efficiency vacuuming. The
waste generated by abatement shall be safely disposed of in accordance
with Federal, State, and local laws.
(v) In the case of defective paint spots of one square foot or
less, misted scraping and repainting of the defective spot is
considered adequate treatment. However, treatment of defective paint
spots shall include proper containment and cleanup. If the total area
of defective paint spots on any one surface exceeds one square foot, or
if there are defective paint spots on more than two surfaces in any one
room or space (hallways, pantry, etc.), misted scraping and repainting
of the defective spots is not acceptable treatment. In such
circumstances, the entire defective paint surface must be abated in
accordance with paragraph (b)(4)(ii) of this section.
* * * * *
A new Sec. 35.28 would be added to subpart C, to read as follows:
Sec. 35.28 Temporary relocation.
(a) Protection of occupants. Appropriate action shall be taken to
protect occupants, especially young children and pregnant women, from
lead hazards associated with abatement. Occupants may not enter spaces
undergoing abatement. Except as provided in paragraphs (b) and (c) of
this section, occupants must be temporarily relocated during abatement.
(b) Exterior abatement. Relocation of occupants is not required if
abatement is only on the exterior of a structure and the interior is
sealed and safe entry and egress can be assured.
(c) Interior abatement. Relocation of occupants is not required if
abatement is on the interior and either:
(1) Abatement and cleanup can be completed in one 8-hour working
day, and the following conditions are met:
(i) Dust caused by abatement is contained within the work area; and
(ii) Occupants have safe access to bathrooms and kitchens; or
(2) If all of the following conditions are met, even though
abatement and cleanup cannot be completed in one 8-hour working day:
(i) Abatement is of limited scope (e.g. limited to no more than one
or two rooms at a time);
(ii) The work area is secured against entry during nonworking
hours;
(iii) Dust caused by abatement is contained within the work area;
and
(iv) Occupants have safe access to bathrooms, kitchens and sleeping
areas.
(d) Personal belongings. Personal belongings that are in work areas
must be relocated or sealed to protect the belongings from
contamination from lead dust.
8. Section 35.56 would be amended by revising the first sentence in
paragraph (a)(1) and by revising paragraph (a)(2), to read as follows:
Sec. 35.56 Requirements.
(a) * * *
(1) All painted surfaces of residential structures constructed
before 1978 shall be inspected to determine whether defective paint
surfaces exist. * * *
(2) Treatment necessary to eliminate hazards of lead-based paint
shall conform to the procedures described in Sec. 35.24(b)(4).
* * * * *
9. Section 35.62 would be revised to read as follows:
Sec. 35.62 Federal construction; prohibition against use of lead-based
paint.
1. No Federal agency shall, in any residential structure
constructed or rehabilitated by such agency, use or permit the use of
lead-based paint.
10. Section 35.63 would be amended by revising paragraph (a) and
adding a heading to paragraph (b), to read as follows:
Sec. 35.63 Federally assisted construction; prohibition against use of
lead-based paint.
(a) Regulations required. Each agency head shall issue regulations
and take such other steps as in his or her judgment are necessary to
prohibit the use of lead-based paint on or in any residential structure
constructed or rehabilitated by such agency under any federally
assisted program.
(b) Contents of regulations. * * *
PART 200--INTRODUCTION
11. The authority citation for part 200 would be revised to read as
follows:
Authority: 12 U.S.C. 1701-1715z 18; 42 U.S.C. 3535(d)).
12. Section 200.805 would be amended by removing the definition of
``Applicable surface''; and by revising the definitions of ``Chewable
surface'', ``Defective paint surface'', and ``Elevated blood lead level
or EBL'', to read as follows:
Sec. 200.805 Definitions.
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age.
Defective paint surface has the same meaning as the term is defined
in Sec. 35.22 of this title.
Elevated blood lead level or EBL has the same meaning as the term
is defined in Sec. 35.3 of this title.
* * * * *
13. Section 200.815 would be amended by revising paragraphs (b),
(c), and (d), to read as follows:
Sec. 200.815 HUD-owned single family property disposition.
* * * * *
(b) For residential structures constructed prior to 1978, HUD shall
cause the property to be inspected for defective paint surfaces before
the closing of the sale of the property. In the case of a sale to a
non-owner-occupant purchaser, treatment may be made a condition of
sale, with sufficient sale funds escrowed to assure treatment.
Defective paint surfaces either:
(1) Must be tested for lead content and, if found to contain lead
at concentrations equal to or exceeding levels specified in
Sec. 35.24(b)(3) of this title, abated as described in Sec. 35.24(b) of
this title; or
(2) If not tested, the presence of lead-based paint shall be
assumed and the surfaces abated as described in paragraph (d) of this
section.
(c) Chewable surfaces. This subsection applies to dwellings
constructed before 1978, except as provided in paragraph (d) of this
section. If the purchaser is an owner-occupant and the occupant family
contains one or more children less than six years of age, closing of
the sale shall be deferred until completion of the following
procedures. Where a blood lead level screening program is determined by
HUD to be reasonably available, screening of each occupant child less
than six years of age will be required. If an EBL condition is
identified, HUD will cause the dwelling to be tested for lead-based
paint on chewable surfaces or follow treatment procedures. Testing
shall be conducted by a State or local health or housing agency, an
inspector certified or regulated by a State or local health or housing
agency, a qualified HUD inspector or an organization recognized by HUD.
Testing shall be performed using an X-ray fluorescence analyzer (XRF)
or by laboratory analysis of paint samples. Test readings of 1 mg/cm\2\
or higher using an XRF shall be considered positive for the presence of
lead-based paint. If the laboratory reports the results in percent by
weight, 0.5 percent or 5000 parts per million shall be considered
positive. Where lead-based paint on chewable surfaces is identified,
the entire interior or exterior chewable surface shall be treated.
Treatment shall consist of covering or removal of the paint surface in
accordance with Sec. 35.24(b)(4) of this title.
(d) Abatement without testing. In the case of a residential
structure constructed before 1978, in lieu of the procedures set forth
in paragraph (c) of this section, HUD, at its option, may forgo testing
and abate all chewable and defective paint surfaces in accordance with
the methods set out in Sec. 35.24(b)(4) of this title.
14. Section 200.820 would be amended by redesignating paragraphs
(d) and (e) as paragraphs (f) and (g), respectively; by revising the
third sentence in paragraph (a) and paragraphs (b), (c)(1), (c)(2), the
second sentence in paragraph (c)(3), and (c)(4); and by adding new
paragraphs (d) and (e), to read as follows:
Sec. 200.820 Multifamily insurance and coinsurance.
(a) * * * This section does not apply to projects for the elderly
or handicapped (except for units housing children less than six years
of age) or projects subject to an application for insurance under
sections 231, 232, 241, or 242 of the National Housing Act. * * *
(b) Defective paint surfaces. In the case of a residential
structure constructed before 1978, the HUD or coinsurer's architect and
the sponsor's architect shall inspect the property for defective paint
surfaces before the issuance of a commitment. If defective paint
surfaces are found, testing and abatement as required by Sec. 35.24(b)
of this title shall be completed before final endorsement as a
condition of the firm commitment. If defective paint surfaces are
tested, a random sample of dwelling units shall be tested as required
by paragraph (e) of this section.
(c) Chewable surfaces--(1) Random sample. In the case of a
residential structure constructed before 1978, a random sample of
dwelling units shall be tested for lead-based paint on chewable
surfaces as required by paragraph (e) of this section, including a
sample of common areas and exterior chewable surfaces. Common areas
included in the sample should include nondwelling facilities commonly
used by children less than six years of age, such as child care
centers. All chewable surfaces in selected units shall be tested. If
none of the tested units, common areas or exterior chewable surfaces
contain lead-based paint, the project may be considered free of lead-
based paint, and no further testing or abatement action will be
required. If lead-based paint is found in any unit in the sample, all
units in the project are required to be tested. If lead-based paint is
found in any common area, all common areas in the project are required
to be tested. If lead-based paint is found in any exterior chewable
surface, all exterior chewable surfaces in the project are required to
be tested.
(2) Testing requirements. Testing shall be performed using an X-ray
fluorescence analyzer (XRF) or by laboratory analysis of paint samples.
Test readings of 1 mg/cm\2\ or higher using an XRF shall be considered
positive for presence of lead based paint. If the laboratory reports
the test results in percent by weight the standard shall be 0.5 percent
or 5000 parts per million (ppm). Testing of chewable surfaces shall be
performed by a State or local health or housing agency or by an
inspector certified or regulated by the State or local health or
housing agency. The testing entity shall certify to the results of the
test. The mortgagor shall be responsible for obtaining these testing
services.
(3) * * * Treatment shall consist of covering or removal of the
paint surface in accordance with Sec. 35.24(b)(4) in this title. * * *
(4) Abatement without testing. In lieu of the procedures set forth
in paragraphs (c)(1), (2) and (3) of this section, in the case of a
residential structure constructed before 1978, the developer may forego
testing and abatement and abate all chewable surfaces in accordance
with the methods set out in Sec. 35.24(b)(4) of this title before final
endorsement. HUD or the coinsuring lender will reinspect all units
after repair and before final endorsement.
(d) EBL child. In the case of a residential structure constructed
before 1978, if the developer is presented with test results that
indicate a child less than six years of age living in a unit has an
EBL, the developer must test defective paint surfaces and chewable
surfaces in the unit occupied by the child. If such test is positive
for lead-based paint, the developer either:
(1) Must abate the unit surfaces in accordance with the methods set
out at Sec. 35.24(b) of this title; or
(2) If the developer chooses not to test, the developer must abate
all unit surfaces.
(e) Random sampling of units. Random sampling of housing units for
testing of chewable and defective paint surfaces shall be based on the
following table:
Number of Units To Be Tested as a Function of Project Size
------------------------------------------------------------------------
No. of units in building or group of
buildings uniformly painted at the time of
construction and with subsequent random No. of unitsto be tested
painting history
------------------------------------------------------------------------
<20......................................... all="" 20-26.......................................="" 20="" 27..........................................="" 21="" 28..........................................="" 22="" 29-30.......................................="" 23="" 31..........................................="" 24="" 32..........................................="" 25="" 33-34.......................................="" 26="" 35..........................................="" 27="" 36..........................................="" 28="" 37..........................................="" 29="" 38-39.......................................="" 30="" 40-50.......................................="" 31="" 51..........................................="" 32="" 52-53.......................................="" 33="" 54..........................................="" 34="" 55-56.......................................="" 35="" 57-58.......................................="" 36="" 59..........................................="" 37="" 60-73.......................................="" 38="" 74-75.......................................="" 39="" 76-77.......................................="" 40="" 78-79.......................................="" 41="" 80-95.......................................="" 42="" 96-97.......................................="" 43="" 98-99.......................................="" 44="" 100-117.....................................="" 45="" 118-119.....................................="" 46="" 120-138.....................................="" 47="" 139-157.....................................="" 48="" 158-177.....................................="" 49="" 178-197.....................................="" 50="" 198-218.....................................="" 51="" 219-258.....................................="" 52="" 259-299.....................................="" 53="" 300-379.....................................="" 54="" 380-499.....................................="" 55="" 500-638.....................................="" 56="" 639-799.....................................="" 57="" 800-1003....................................="" 58="" 1004-1005...................................="" 59="" 1006="" or="" more................................="" (5.9="" percent="" of="" the="" number="" of="" units,="" rounded="" to="" the="" nearest="" unit.)\1\="" ------------------------------------------------------------------------="" \1\for="" buildings="" or="" groups="" of="" similar="" buildings="" with="" 1,006="" units="" or="" more,="" test="" 5.9="" percent="" of="" the="" units="" and="" round="" the="" result="" to="" the="" nearest="" number.="" e.g.,="" if="" there="" are="" 2,170="" units,="" 5.9="" percent="" equals="" 128.03,="" so="" 128="" units="" should="" be="" tested.="" *="" *="" *="" *="" *="" 15.="" section="" 200.825="" would="" be="" amended="" by:="" a.="" revising="" the="" second="" sentence="" of="" paragraph="" (a);="" b.="" revising="" paragraph="" (b);="" c.="" revising="" paragraph="" (c)="" introductory="" text="" by:="" (1)="" revising="" the="" third="" and="" fourth="" sentences,="" and="" adding="" a="" new="" sentence="" after="" the="" fourth="" sentence,="" as="" revised;="" and,="" (2)="" revising="" the="" last="" two="" sentences="" of="" the="" introductory="" text;="" and="" d.="" revising="" paragraphs="" (c)(1)="" and="" (c)(2),="" to="" read="" as="" follows:="" sec.="" 200.825="" hud-owned="" multifamily="" property="" disposition.="" (a)="" *="" *="" *="" this="" section="" does="" not="" apply="" to="" projects="" for="" the="" elderly="" or="" handicapped="" (except="" for="" units="" housing="" children="" less="" than="" six="" years="" of="" age).="" *="" *="" *="" (b)="" defective="" paint="" surfaces.="" for="" residential="" structures="" constructed="" before="" 1978,="" hud="" shall="" cause="" the="" property="" to="" be="" inspected="" for="" defective="" paint="" surfaces="" before="" offering="" the="" property="" for="" sale.="" defective="" paint="" surfaces="" either="" must="" be="" tested="" for="" lead="" content="" and="" abated="" as="" described="" in="" sec.="" 35.24(b)="" of="" this="" title,="" if="" found="" to="" contain="" lead="" at="" concentrations="" equal="" to="" or="" exceeding="" levels="" specified="" in="" sec.="" 35.24(b)(3)="" of="" this="" title,="" or,="" if="" not="" tested,="" the="" presence="" of="" lead-based="" paint="" shall="" be="" assumed="" and="" the="" defective="" paint="" surfaces="" abated="" as="" described="" in="" sec.="" 35.24(b)(4)="" of="" this="" title.="" abatement="" must="" be="" completed="" before="" delivery="" of="" the="" property="" to="" the="" purchaser="" or,="" if="" the="" disposition="" program="" under="" part="" 290="" of="" this="" title="" provides="" for="" repairs="" to="" be="" performed="" by="" the="" purchaser,="" such="" treatment="" may="" be="" included="" in="" the="" required="" reports.="" residential="" structures="" assisted="" under="" section="" 223(f)="" of="" the="" national="" housing="" act="" are="" to="" be="" inspected="" and="" treated="" as="" set="" forth="" in="" this="" paragraph.="" (c)="" *="" *="" *="" testing="" shall="" be="" performed="" using="" an="" x-ray="" fluorescence="" analyzer="" (xrf)="" or="" by="" laboratory="" analysis="" of="" paint="" samples.="" test="" readings="" of="" 1="">2 or higher using an XRF shall be considered
positive for presence of lead-based paint. If the laboratory reports
the results in percent by weight, 0.5 percent or 5000 parts per million
(ppm) shall be considered positive. * * * Treatment shall consist of
covering or removal of the paint surface in accordance with
Sec. 35.24(b)(4) of this title. Treatment shall be completed before
delivery of the property to the purchaser, or, if the disposition
program under part 290 of this title provides for repairs to be
performed by the purchaser, such treatment may be included in the
required repairs.
(1) EBL child. In the case of a residential structure constructed
before 1978, if HUD is presented with test results that indicate a
child less than six years of age living in a unit has an elevated blood
lead level or EBL, HUD must either:
(i) Test or cause to be tested the unit occupied by the child, and,
if such test is positive for lead-based paint, abate the unit surfaces
in accordance with the methods set out in Sec. 35.24(b)(4) of this
title; or
(ii) If HUD chooses not to test the unit, HUD must abate all of the
unit surfaces.
(2) Abatement without testing. In lieu of the procedures set forth
in paragraph (c) of this section, in the case of a residential
structure constructed before 1978, HUD, at its option, may forego
testing and abate all chewable surfaces in accordance with the methods
set out in Sec. 35.24(b)(4) of this title.
* * * * *
PART 280--NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM
16. The authority citation for part 280 would continue to read as
follows:
Authority: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).
17. Section 280.207 would be amended by:
a. Revising the second and third sentences in paragraph (e)(2)(i);
b. Revising the introductory text of paragraph (e)(2)(ii);
c. Removing the definitions for ``Applicable surface'' and
``Defective paint surfaces'' in paragraph (e)(2)(ii);
d. Revising the definitions for ``Chewable surface'', and
``Elevated blood lead level or EBL'' in paragraph (e)(2)(ii);
e. Adding the definition ``Defective paint surface'' in
alphabetical order in paragraph (e)(2)(ii);
f. Revising the second sentence in paragraph (e)(2)(iii); and
g. Revising paragraphs (e)(2)(iv) and (v), to read as follows:
Sec. 280.207 Other Federal requirements.
* * * * *
(e) * * *
(2) (i) * * * This paragraph is promulgated under Sec. 35.24(b)(6)
of this title and supersedes, with respect to assistance under this
part, the requirements prescribed in part 35, subpart C, of this title.
The requirements of this paragraph apply to structures that are
occupied or are expected to be occupied by children less than six years
of age.
(ii) The following definitions apply to paragraph (e) of this
section:
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e. the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(iii) * * * If defective paint surfaces are found, treatment in
accordance with Sec. 35.24(b)(4) of this title is required. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated before 1978, if the recipient is presented with test
results that indicate that the family purchasing a home under the
program includes a child less than six years of age who has an elevated
blood lead level (EBL), the recipient must cause the unit to be tested
for lead-based paint on chewable surfaces. Testing must be conducted by
a State or local health or housing agency, by an inspector certified by
a State or local health or housing agency, or by an association
recognized by HUD. Lead content shall be tested by using an X-ray
fluorescence analyzer (XRF) or by laboratory analysis of paint samples.
Test readings of 1.0 mg/cm\2\ or higher shall be considered positive
for the presence of lead-based paint. If the laboratory reports the
results in percent by weight, the standard shall be 0.5 percent or 5000
parts per million (ppm). Where lead-based paint on chewable surfaces is
identified, covering or removal of the paint surface in accordance with
Sec. 35.24(b)(4) of this title is required.
(v) In lieu of the procedures set forth in paragraph (e)(2)(iv) of
this section, the recipient may, at its discretion, abate all interior
and exterior chewable surfaces in accordance with the methods set out
in Sec. 35.24(b)(4) of this title.
* * * * *
PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY
18. The authority citation for part 291 would be revised to read as
follows:
Authority: 12 U.S.C. 1709 and 1715b; 42 U.S.C. 1441, 1551a, and
3535(d).
19. Section 291.430 would be amended by revising the second and
third sentences in paragraph (a); by removing the definitions of
``Applicable surfaces'' and ``Defective paint surfaces'' in paragraph
(b); by adding the definition of ``Defective paint surface'' in
alphabetical order in paragraph (b); by revising the second sentence in
paragraph (c); and by revising paragraph (d), to read as follows:
Sec. 291.430 Elimination of lead-based paint hazards.
(a) * * * This section established procedures to eliminate, as far
as practicable, the hazards of lead-based paint poisoning with respect
to properties that may be occupied by children less than six years of
age. This section is promulgated under Sec. 35.24(b)(6) of this title
and supersedes, with respect to this program, the requirements
prescribed in subpart C of part 35 of this title.
(b) * * *
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
* * * * *
(c) * * * If defective paint surfaces are found, treatment as
required by Sec. 35.24(b)(4) of this title shall be completed by HUD
before the sale or lease of the property.
(d) Testing and treatment of painted surfaces. (1) If the lessee or
purchaser knows or has reason to expect that the property will be
occupied by homeless families with children less than six years of age,
the lessee or purchaser must cause the unit to be tested for lead-based
paint on all painted surfaces before initial occupancy. Testing must be
conducted by a State or local health or housing agency, by an inspector
certified or regulated by a State or local health or housing agency, or
by an organization recognized by HUD. Lead content must be tested by
using an X-ray fluorescence analyzer (XRF) or by laboratory analysis of
paint samples. Test readings of 1 mg/cm\2\ or higher using an XRF shall
be considered positive for the presence of lead-based paint. If the
laboratory reports the test results in percent by weight, 0.5 percent
or 5000 parts per million (ppm) shall be considered positive. Where
lead-based paint is identified, the lessee or purchaser must cause all
painted surfaces to be treated. Treatment must consist of covering or
removal of the paint surface in accordance with Sec. 35.24(b)(4) of
this title. If the lessee or purchaser certifies to HUD that the
property will not be occupied by children less than six years of age,
testing or treatment will not be required.
(2) If a lessee or purchaser has reason to believe that a property
contains lead-based paint on painted surfaces, the lessee or purchaser
may, at its option, dispense with the testing procedure and proceed
directly to treatment.
(3) The lessee or purchaser may not allow the property to be
occupied by children less than six years of age until proof of testing
and, if necessary, treatment has been submitted to and reviewed by HUD.
* * * * *
PART 510--SECTION 312 REHABILITATION LOAN PROGRAM
20. The authority citation for part 510 would be revised to read as
follows:
Authority: 42 U.S.C. 1452b and 3535(d). Sec. 510.106 is also
issued under 42 U.S.C. 3543.
Section 510.410 would be amended by:
a. Revising paragraph (b)(2)(v);
b. Revising the first and third sentences of the introductory text
in paragraph (c);
c. Removing the definition of ``applicable surface'' and revising
the definitions of ``chewable surface'', ``defective paint surface'',
and ``elevated blood lead level or EBL'' in paragraph (c)(1);
d. Revising the first sentence in paragraph (c)(2)(i); and
e. Revising paragraphs (c)(2)(ii), (c)(2)(iii), and (c)(4), to read
as follows:
Sec. 510.410 Lead-based paint.
* * * * *
(b) * * *
(2) * * *
(v) Of the advisability and availability of blood lead level
screening for children less than six years of age; and
* * * * *
(c) Elimination of lead-based paint hazards. The purpose of this
paragraph is to implement the provisions of section 302 of the Lead-
Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing
procedures to eliminate as far as practicable the hazards due to the
presence of paint that may contain lead and to which children less than
six years of age may be exposed in existing housing that is
rehabilitated with assistance provided under this part. * * * This
paragraph is promulgated pursuant to the authorization granted in
Sec. 35.24(b)(6) of this title and supersedes, with respect to all
housing to which it applies, the requirements of part 35, subpart C, of
this title. * * *
(1) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age.
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(2) Inspection and testing--(i) Defective paint surfaces. The local
agency shall inspect for defective paint surfaces in all units
constructed before 1978 that are occupied by children less than six
years of age and are proposed for rehabilitation assistance. * * *
(ii) Chewable surfaces. The local agency shall be required to test
the lead content of chewable surfaces if a child under six years of age
with an identified EBL condition is part of the family residing in a
unit that was constructed before 1978 and receives rehabilitation
assistance. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm\2\ or higher shall be considered positive for
presence of lead-based paint. If the laboratory reports the results in
percent by weight, the standard shall be 0.5 percent or 5000 parts per
million (ppm).
(iii) Abatement without testing. In lieu of the procedures set
forth in paragraph (c)(2)(ii) of this section, in the case of a
residential structure constructed before 1978, the owner may forego
testing and abate all chewable surfaces in accordance with the method
set out in Sec. 35.24(b)(4) of this title.
* * * * *
(4) Abatement methods. At a minimum, treatment of the defective
areas and chewable lead-based paint surfaces shall consist of covering
or removal of the painted surfaces as described in Sec. 35.24(b)(4) of
this title.
* * * * *
PART 511--RENTAL REHABILITATION GRANT PROGRAM
22. The authority citation for part 511 would be revised to read as
follows:
Authority: 42 U.S.C. 1437(o) and 3535(d).
23. Section 511.15 would be amended by revising paragraph
(b)(2)(v), the introductory text of paragraph (c), paragraphs (c)(1),
(c)(2), (c)(3)(i), and (c)(4), to read as follows:
Sec. 511.15 Lead-based paint.
* * * * *
(b) * * *
(2) * * *
(v) Of the advisability and availability of blood lead level
screening for children less than six years of age; and
* * * * *
(c) Elimination of lead-based paint hazards. The purpose of this
paragraph is to implement the provisions of section 302 of the Lead-
Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing
as far as practicable the hazards due to the presence of paint that
might contain lead and to which children less than six years of age may
be exposed in projects assisted under this part. The Secretary has
promulgated requirements at part 35, subpart C of this title, regarding
the elimination of lead-based paint hazards in HUD-associated housing.
(1) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms per deciliter of whole blood) for single test or 15-19
g/dl in two consecutive tests several months apart.
Lead-based paint surface means a paint surface, whether or not
defective, that is identified as having a lead content of greater than
or equal to
1 mg/cm\2\ or 0.5 percent by weight or 5000 parts per million.
(2) Inspection and testing--(i) Defective paint surfaces. The
grantee or State recipient shall inspect for defective paint surfaces
in all units constructed before 1978 that are occupied by families with
children less than six years of age and that are proposed for
rehabilitation assistance. Defective paint surfaces either must be
tested for lead content or, if defective paint surfaces are not tested,
the presence of lead-based paint shall be assumed and the surfaces
shall be abated.
(ii) Chewable surfaces. The grantee or State recipient shall be
required to test the lead content of chewable surfaces if a child less
than six years of age with an identified EBL condition is part of the
family residing in a unit that was constructed before 1978 and receives
rehabilitation assistance. Lead content shall be tested by using a
portable X-ray fluorescence (XRF) analyzer or by laboratory analysis of
paint samples.
(iii) Abatement without testing. In lieu of the procedures set
forth in Sec. 511.15(c)(2)(ii), in the case of a residential structure
constructed before 1978, the grantee or State recipient may forego
testing and abate all chewable surfaces in accordance with the methods
set out in Sec. 35.24(b)(4) of this title.
(3) Abatement actions. (i) When surfaces inspected under
Sec. 511.15(c)(2)(i) are found to contain lead-based paint and when
defective paint surfaces are found but not tested for lead content, all
such surfaces shall be abated. If defective paint surfaces are tested
for lead content, surfaces found to equal or exceed 1.0 milligrams of
lead per square centimeter or 0.5 percent by weight or 5000 parts per
million (ppm), shall be abated. A qualified inspector or laboratory
shall certify in writing the precise results of the testing. Abatement
shall be performed before final inspection and approval of the work.
* * * * *
(4) Abatement methods. At a minimum, treatment of the defective
area and chewable lead-based paint surfaces shall consist of covering
or removal of the painted surface as described in Sec. 35.24(b)(4) of
this title.
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
24. The authority citation for part 570 would continue to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
25. Section 570.608 would be amended by:
a. Revising paragraph (b)(2)(v);
b. Revising the last sentence of the introductory text of paragraph
(c), the first sentence in paragraph (c)(1), paragraphs (c)(1) (vi) and
(vii), and (c)(2);
c. Revising the first and third sentences in paragraph (c)(3) (i);
and
d. Revising paragraphs (c)(3) (ii) and (iii), (c)(4)(i), and
(c)(5), to read as follows:
Sec. 570.608 Lead-based paint.
* * * * *
(b) * * *
(2) * * *
(v) Of the advisability and availability of blood lead level
screening for children less than six years of age; and
* * * * *
(c) * * * This paragraph (c) is promulgated pursuant to the
authorization granted in Sec. 35.24(b)(6) of this title and supersedes,
with respect to all housing to which it applies, the requirements
prescribed by part 35, subpart C of this title.
(1) Applicability. This paragraph (c)(1) applies to the
rehabilitation of all painted surfaces in existing housing that is
assisted under this part. * * *
* * * * *
(vi) Other similar types of single-purpose programs that do not
include physical repairs or remodeling of any painted surfaces of
residential structures; and
(vii) Any non-single purpose rehabilitation that does not involve
any painted surface and does not exceed $3000 per unit.
(2) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms per deciliter of whole blood) for a single test or of 15-19
g/dl in two consecutive tests several months apart.
Lead-based paint surface means a paint surface, whether or not
defective, that is identified as having a lead content greater than or
equal to
1 mg/cm\2\.
(3) Inspection and testing. (i) The grantee shall inspect for
defective paint surfaces in all units constructed before 1978 that are
occupied by families with children less than six years of age and that
are proposed for rehabilita-
tion. * * * Defective paint surfaces either must be tested for lead
content or, if defective paint surfaces are not tested, the presence of
lead-based paint shall be assumed and the surfaces shall be abated.
(ii) Chewable surfaces. The grantee shall be required to test the
lead content of chewable surfaces if a child less than six years of age
with an identified EBL condition is part of the family residing in a
unit that was constructed before 1978 and receives rehabilitation
assistance. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm\2\ or higher using an XRF shall be considered
positive for presence of lead-based paint. If the laboratory reports
the results in percent by weight the standard shall be 0.5 percent or
5000 parts per million (ppm).
(iii) Abatement without testing. In lieu of the procedures set
forth in paragraph (c)(3)(ii) of this section, in the case of a
residential structure constructed before 1978, the grantee may forego
testing and abate all chewable surfaces in accordance with the methods
set out in Sec. 35.24(b)(4) of this title.
(4) Abatement actions. (i) When surfaces inspected under
Sec. 570.608(c)(3)(i) are found to contain lead-based paint and when
defective paint surfaces are found but not tested for lead content, all
such surfaces shall be abated. If defective paint surfaces are tested
for lead content, surfaces found to equal or exceed 1.0 milligrams of
lead per square centimeter or 0.5 percent by weight or 5000 parts per
million (ppm) shall be abated. A qualified inspector or laboratory
shall certify in writing the precise results of the testing. Abatement
shall be performed before final inspection and approval of the work.
* * * * *
(5) Abatement methods. At a minimum, treatment of the defective
areas and chewable lead-based paint surfaces shall consist of covering
or removal of the painted surface as described in Sec. 35.24(b)(4) of
this title.
* * * * *
PART 577--TRANSITIONAL HOUSING
26. The authority citation for part 577 would be revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11386.
27. Section 577.335 would be amended by:
a. Revising the last two sentences of paragraph (d)(2)(i);
b. Revising paragraph (d)(2)(ii);
c. Revising the third sentence of paragraph (d)(2)(iii); and
d. Revising paragraphs (d)(2)(iv) and (v), to read as follows:
Sec. 577.335 Applicability of other Federal requirements.
* * * * *
(d) * * *
(2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6)
of this title and supersedes, with respect to the program, the
requirements prescribed in part 35, subpart C, of this title. The
requirements of this paragraph apply to structures that will be
occupied by children less than six years of age.
(ii) The following definitions apply to paragraph (d) of this
section:
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms per deciliter of whole blood) for a single test or of 15-19
g/dl in two consecutive tests several months apart.
Lead-based paint surface means a paint surface, whether or not
defective, identified as having a lead content greater than or equal to
1 mg/cm\2\.
(iii) * * * If defective paint surfaces are found, treatment in
accordance with Sec. 35.24(b)(4) of this title is required. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated before 1978, if the recipient is presented with test
results that indicate that a child less than six years of age occupies
the structure and has an elevated blood lead level (EBL), the recipient
must cause the unit to be tested for lead-based paint on chewable
surfaces. Testing must be conducted by a State or local health or
housing agency, by an inspector certified or regulated by a State or
local health or housing agency, or by an organization recognized by
HUD. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm2 or higher using an XRF shall be considered
positive for the presence of lead based paint. If the laboratory
reports the results in percent by weight the standard shall be 0.5
percent or 5000 parts per million (ppm). When lead-based paint on
chewable surfaces is identified, covering or removal of the paint
surface in accordance with Sec. 35.24(b)(4) of this title is required.
(v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of
this section, the recipient may, at its discretion, abate all interior
and exterior chewable surfaces in accordance with Sec. 35.24(b)(4) of
this title.
* * * * *
PART 578--PERMANENT HOUSING FOR HANDICAPPED HOMELESS PERSONS
28. The authority citation for part 578 would be revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11386.
29. Section 578.335(d)(2) would be amended by:
a. Revising the last two sentences of paragraph (d)(2)(i);
b. Removing the definitions for ``Applicable surface'' and
``Defective paint surfaces'' in paragraph (d)(2)(ii);
c. Revising the introductory text and the definitions for
``Chewable surface'', and ``Elevated blood lead level or EBL'' in
paragraph (d)(2)(ii), and adding a definition for ``Defective paint
surface'' in alphabetical order;
d. Revising the third sentence of paragraph (d)(2)(iii); and
e. Revising paragraphs (d)(2)(iv) and (d)(2)(v), to read as
follows:
Sec. 578.335 Applicability of other Federal requirements.
* * * * *
(d) * * *
(2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6)
of this title and supersedes, with respect to the program, the
requirements prescribed in part 35, subpart C, of this title. The
requirements of this paragraph apply to structures that will be
occupied by children less than six years of age.
(ii) The following definitions apply to paragraph (d) of this
section:
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms per deciliter of whole blood) for a single test or of 15-19
g/dl in two consecutive tests several months apart.
* * * * *
(iii) * * * If defective paint surfaces are found, treatment in
accordance
with Sec. 35.24(b)(4) of this title is re-
quired. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated before 1978, if the recipient is presented with test
results that indicate that a child less than six years of age occupies
the structure and has an elevated blood lead level (EBL), the recipient
must cause the unit to be tested for lead-based paint on chewable
surfaces. Testing must be conducted by a State or local health or
housing agency, by an inspector certified or regulated by a State or
local health or housing agency, or by an organization recognized by
HUD. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm2 or higher using an XRF shall be considered
positive for the presence of lead based paint. If the laboratory
reports the results in percent by weight the standard shall be 0.5
percent or 5000 parts per million (ppm). When lead-based paint on
chewable surfaces is identified, covering or removal of the paint
surface in accordance with Sec. 35.24(b)(4) of this title is required.
(v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of
this section, the recipient may, at its discretion, abate all interior
and exterior chewable surfaces in accordance with Sec. 35.24(b)(4) of
this title.
* * * * *
PART 579--SUPPLEMENTAL ASSISTANCE FOR FACILITIES TO ASSIST THE
HOMELESS
30. The authority citation for part 579 would be revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11301 note.
31. Section 579.325 would be amended by:
a. Revising the second and third sentences in paragraph (d)(2)(i);
b. Removing the definitions of ``Applicable surface'' and
``Defective paint surfaces'' in paragraph (d)(2)(ii);
c. Revising the introductory text and the definitions of ``Chewable
surface'' and ``Elevated blood level or EBL'', and adding a definition
for ``Defective paint surface'' in alphabetical order in paragraph
(d)(2)(ii);
d. Revising the third sentence in paragraph (d)(2)(iii); and
e. Revising paragraphs (d)(2)(iv) and (v), to read as follows:
Sec. 579.325 Applicability of other Federal requirements.
* * * * *
(d) * * *
(2)(i) * * * This paragraph is promulgated under 24 CFR 35.24(b)(6)
and supersedes, with respect to the program, the requirements
prescribed in 24 CFR part 35, subpart C. The requirements of this
paragraph apply only to structures that will be occupied by children
less than six years of age.
(ii) The following definitions apply to paragraph (d) of this
section:
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(iii) * * * If defective paint surfaces are found, treatment in
accordance with 24 CFR 35.24(b)(4) is required. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated before 1978, if the recipient is presented with test
results that indicate that a child less than six years of age occupies
the structure and has an elevated blood lead level (EBL), the recipient
must cause the unit to be tested for lead-based paint on chewable
surfaces. Testing must be conducted by a State or local health or
housing agency, by an inspector certified or regulated by a State or
local health or housing agency, or by an organization recognized by
HUD. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm\2\ or higher shall be considered positive for the
presence of lead-based paint. If the laboratory reports the results in
percent by weight, the standard shall be 0.5 percent or 5,000 parts per
million (ppm). Where lead-based paint on chewable surfaces is
identified, covering or removal of the paint surface in accordance with
24 CFR 35.24(b)(4) is required.
(v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of
this section, the recipient may, at its discretion, abate all interior
and exterior chewable surfaces in accordance with the methods set out
at 24 CFR 35.24(b)(4).
* * * * *
PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--EXISTING
HOUSING
32. The authority citation for part 882 would be revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d). Subpart H
is also issued under 42 U.S.C. 11361 and 11401.
33. Section 882.109 would be amended by:
a. Revising the second sentence of paragraph (i)(1);
b. Removing the definition of ``Applicable surface'' in paragraph
(i)(2);
c. Revising the definitions of ``Chewable surface'', ``Defective
paint surface'' and ``Elevated blood lead level or EBL'' in paragraph
(i)(2);
d. Revising the first two sentences of paragraph (i)(3); and
e. Revising paragraphs (i)(4) and (i)(5), to read as follows:
Sec. 882.109 Housing quality standards.
* * * * *
(i) * * *
(1) * * * This paragraph is promulgated under the authorization
granted in Sec. 35.24(b)(6) of this title, and supersedes, with respect
to all housing to which it applies, the requirements prescribed by part
35, subpart C, of this title. * * *
(2) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means a surface on which the paint is
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or
loose.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(3) Defective paint. In the case of a unit constructed before 1978
that is for a family that includes a child less than six years of age,
the initial inspection under Sec. 882.209(h)(1), and each periodic
inspection under Sec. 882.211(b), shall include an inspection for
defective paint surfaces. Defective paint surfaces either must be
tested for lead content or, if defective paint surfaces are not tested,
the presence of lead-based paint shall be assumed and the surfaces
abated as required by Sec. 35.24(b) of this title, in accordance with
Sec. 882.209(h) or Sec. 882.211 (b) and (c), as appro-
priate. * * *
(4) Chewable surfaces. In the case of a unit constructed before
1978 that is for a family that includes a child less than six years of
age with an identified EBL condition, the initial inspection under
Sec. 882.209(h)(1), or a periodic inspection under Sec. 882.211(b),
shall include a test for lead-based paint on chewable surfaces. Testing
shall be conducted by a State or local health or housing agency, by an
inspector certified or regulated by a State or local health or housing
agency, or by an organization recognized by HUD. Lead content shall be
tested by using an X-ray fluorescence analyzer (XRF) or by laboratory
analysis of paint samples. Test readings of 1 mg/cm\2\ or higher using
an XRF shall be considered positive for the presence of lead-based
paint. If the laboratory reports the results in percent by weight the
standard shall be 0.5 percent or 5000 parts per million (ppm). When
lead based paint on chewable surfaces is identified, covering or
removal of the paint surface in accordance with Sec. 35.24(b)(4) of
this title shall be required, in accordance with Sec. 882.209(h) or
Sec. 882.211 (b) and (c), as appropriate, and correction shall be
completed within the time limits set forth in paragraph (i)(3) of this
section.
(5) Abatement without testing. In lieu of the procedures set forth
in paragraph (i)(4) of this section, at its discretion the PHA may
forego testing and require the owner to abate all interior and exterior
chewable surfaces in accordance with the method set out in
Sec. 35.24(b)(4) of this title.
* * * * *
34. Section 882.404 would be amended by:
a. Revising the second and last sentences of paragraph (c)(1);
b. Removing the definition of ``applicable surface'' and revising
the definitions of ``chewable surface'', ``defective paint surface'',
and ``elevated blood lead level or EBL'' in paragraph (c)(2);
c. Revising the first two sentences of paragraph (c)(3); and
d. Revising paragraphs (c) (4) and (5), to read as follows:
Sec. 882.404 Housing quality standards.
* * * * *
(c) Lead-based paint. (1) * * * This paragraph (c)(1) is
promulgated under the authorization granted in Sec. 35.24(b)(6) of this
title and supersedes, with respect to all housing to which it applies,
the requirements prescribed by part 35, subpart C of this title. * * *
This section does not apply to projects for the elderly or handicapped
(except for units housing children less than six years of age).
(2) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(3) Defective paint. In the case of a unit constructed before 1978
that is for a family that includes a child less than six years of age,
the initial inspection under Sec. 882.504(a), and each periodic
inspection under Sec. 882.516(b), shall include an inspection for
defective paint surfaces. Defective paint surfaces either must be
tested for lead content or, if defective paint surfaces are not tested,
the presence of lead-based paint shall be assumed and abatement of the
surfaces as required by Sec. 35.24(b) of this title shall be included
in the specific work items referred to in Sec. 882.504(a) or required
as corrective action pursuant to Sec. 882.516(c), as appropriate. * * *
(4) Chewable surfaces. If a proposal is submitted with respect to a
unit constructed before 1978 that is occupied by a family that includes
a child less than six years of age with an identified EBL condition,
the PHA shall cause the unit to be tested for lead-based paint on
chewable surfaces. Testing shall be conducted by a State or local
health or housing agency, by an inspector certified or regulated by a
State or local health or housing agency, or by an organization
recognized by HUD. Lead content shall be tested by using an X-ray
fluorescence analyzer (XRF) or by laboratory analysis of paint samples.
Test readings of 1 mg/cm\2\ or higher using an XRF shall be considered
positive for presence of lead-based paint. If the laboratory reports
the results in percent by weight 0.5 percent or 5000 parts per million
(ppm) is the standard. When lead-based paint on chewable surfaces is
identified at initial inspection, covering or removal of the paint
surface in accordance with Sec. 35.24(b)(4) of this title shall be
included in the specific work items referred to in Sec. 882.504(a).
When lead-based paint on chewable surfaces is discovered at periodic
inspection, covering or removal of the paint surface in accordance with
Sec. 35.24(b)(4) of this title shall be completed within the time
limits set forth in paragraph (c)(3) of this section.
(5) Abatement without testing. In lieu of the procedures set forth
in paragraph (c)(4) of this section, at its discretion the PHA may
forego testing and require the abatement of all interior and exterior
chewable surfaces in accordance with Sec. 35.24(b)(4) of this title.
* * * * *
35. Section 882.514 would be amended by:
a. Removing the word ``and'' at the end of paragraph (d)(1)(iv),
changing the period to a semicolon and adding the word ``and'' at the
end of paragraph (d)(1)(v);
b. Adding a new paragraph (d)(1)(vi); and
c. Removing paragraph (d)(2)(vi), to read as follows:
Sec. 882.514 Family participation.
* * * * *
(d) * * *
(1) * * *
(vi) The advisability and availability of blood lead level
screening for children less than six years of age and HUD's
requirements for inspecting, testing, and, in certain circumstances,
abating lead-based paint.
* * * * *
36. Section 882.753(d)(6) would be revised to read as follows:
Sec. 882.753 Family participation.
* * * * *
(d) * * *
(6) The advisability and availability of blood lead level screening
for children less than six years of age, and HUD's requirements for
inspecting, testing, and, in certain circumstances, abating lead-based
paint; and
* * * * *
PART 885--LOANS FOR HOUSING FOR THE ELDERLY OR HANDICAPPED
37. The authority citation for part 885 would continue to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f and 3535(d).
38. Section 885.740 would be amended by:
a. Revising paragraph (f)(1) and the second sentence of paragraph
(f)(2)(i);
b. Removing the definitions of ``Applicable surface'' and
``Defective paint surfaces'' and revising the introductory text and the
definitions of ``Chewable surface'', and ``Elevated blood lead level or
EBL'' in paragraph (f)(2)(ii);
c. Adding the definition of ``Defective paint surface'' in
alphabetical order in paragraph (f)(2)(ii);
d. Revising the second sentence of paragraph (f)(2)(iii); and
e. Revising paragraphs (f)(iv), (f)(v) and (f)(vi), to read as
follows:
Sec. 885.740 Other Federal requirements.
* * * * *
(f) * * *
(1) The requirements of the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. 4821-4846) and implementing regulations at part 35 of
this title (except as superseded in paragraph (f)(2) of this section)
apply to the dwellings (except zero-bedroom dwelling units) in housing
assisted under this subpart that was constructed or substantially
rehabilitated before 1978 and in which any child less than six years of
age resides or is expected to reside.
(2)(i) * * * This paragraph (f)(2)(i) is promulgated under
Sec. 35.24(b)(6) of this title and supersedes, with respect to the
program, the requirements prescribed in part 35, subpart C, of this
title.
(ii) The following definitions apply to paragraph (f) of this
section: Chewable surface means any intact protruding painted surface
up to five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(iii) * * * Defective paint surfaces either must be tested for lead
content or, if defective paint surfaces are not tested, the presence of
lead-based paint shall be assumed and the surfaces abated in accordance
with Sec. 35.24(b) of this
title. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated before 1978, if the Borrower is presented with test
results that indicate that a child under the age of six years occupies
the structure and has an elevated blood lead level (EBL), the Borrower
must cause the unit to be tested for lead-based paint on chewable
surfaces. Testing must be conducted by a State or local health or
housing agency, by an inspector certified or regulated by a State or
local health or housing agency, or by an organization recognized by
HUD. Lead content shall be tested by using an X-ray fluorescence
analyzer (XRF) or by laboratory analysis of paint samples. Test
readings of 1 mg/cm2 or higher using an XRF shall be considered
positive for the presence of lead-based paint. If the laboratory
reports the results in percent by weight 0.5 percent or 5000 parts per
million (ppm) is the standard. When lead-based paint on chewable
surfaces is identified, covering or removal of the paint surface in
accordance with Sec. 35.24(b)(4) of this title is required.
(v) When abatement will result from rehabilitation activities
planned (i.e., when all defective paint or chewable surfaces will be
replaced, covered, or otherwise abated as described in this part),
these surfaces need not be tested.
(vi) In lieu of the procedures set forth in paragraph (f)(2)(v) of
this section, at its discretion the Borrower may abate all interior and
exterior chewable surfaces in accordance with the methods set out in
Sec. 35.24(b)(4) of this title.
* * * * *
PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL
ALLOCATIONS
39. The authority citation for part 886 would be revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d).
40. Section 886.113 would be amended by:
a. Revising the second and sixth sentences in paragraph (i)(1);
b. Removing the definition of ``Applicable surface'' and revising
the definitions for ``Chewable surface'', ``Defective paint surface'',
and ``Elevated blood lead level or EBL'' in paragraph (i)(2);
c. Revising the second sentence in paragraph (i)(3); and
d. Revising paragraph (i)(4), to read as follows:
Sec. 886.113 Housing quality standards.
* * * * *
(i) * * *
(1) * * * This paragraph (i)(1) is promulgated under the
authorization granted in Sec. 35.24(b)(6) of this title and supersedes,
with respect to all housing to which it applies, the requirements
prescribed by part 35, subpart C of this title. * * * This section does
not apply to projects for the elderly or handicapped (except for units
housing children less than six years of age).
(2) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(3) * * * Defective paint surfaces either must be tested for lead
content or, if defective paint surfaces are not tested, the presence of
lead-based paint shall be assumed and the surfaces abated in accordance
with Sec. 35.24(b) of this title as a condition of satisfaction of the
requirements of Sec. 886.107(c).
(4)(i) Chewable surfaces. In the case of a residential structure
constructed before 1978, a random sample of dwelling units shall be
tested for lead-based paint on chewable surfaces in accordance with
Sec. 200.820(c)(1) of this title. Testing shall be performed using an
X-ray fluorescence analyzer (XRF) or by laboratory analysis of paint
samples. Test readings of 1 mg/cm\2\ or higher using an XRF shall be
considered positive. If the laboratory reports the results in percent
by weight, 0.5 percent or 5000 parts per million shall be considered
positive. Testing of chewable surfaces shall be performed by a State or
local health or housing agency, or by an organization recognized by
HUD. The testing entity shall certify to the results of the test. The
owner shall be responsible for obtaining these testing services. Where
lead-based paint on chewable surfaces is identified, the entire
interior or exterior chewable surface shall be treated. Covering or
removal of the paint surface in accordance with Sec. 35.24(b)(4) of
this title shall be required as a condition of satisfaction of the
requirements of Sec. 886.107(c).
(ii) EBL child. In the case of a residential structure constructed
before 1978, if the owner is presented with test results that indicate
a child less than six years of age living in a unit has an elevated
blood lead level or EBL, the owner must either test the unit occupied
by the child and, if the test is positive for lead-based paint, abate
the unit surfaces in accordance with the methods set out in
Sec. 35.24(b)(4), or choose not to test, but then abate all the unit
surfaces.
(iii) Abatement without testing. In lieu of the procedures set
forth in paragraphs (i)(3) and (4) of this section, in the case of a
residential structure constructed before 1978, the owner may forego
testing and abate all defective and chewable surfaces in accordance
with the methods set out in Sec. 35.24(b)(4) of this title.
* * * * *
PART 887--HOUSING VOUCHERS
The authority citation for part 887 would be revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437(f), and 3535(d).
42. Section 887.251 would be amended by:
a. Revising the second sentence in paragraph (i)(1);
b. Removing the definition of ``Applicable surface'' and revising
the definitions of ``Chewable surface'', ``Defective paint surface'',
and ``Elevated blood level of EBL'' in paragraph (i)(2);
c. Revising the first and second sentences in paragraph (i)(3); and
d. Revising paragraphs (i)(4) and (i)(5), to read as follows:
Sec. 887.251 Housing quality standards (HQS).
* * * * *
(i) * * *
(1) * * * This paragraph is promulgated under the authorization
granted in Sec. 35.24(b)(6) of this title and supersedes, with respect
to all housing to which it applies, the requirements prescribed by part
35, subpart C of this title. * * *
(2) Definitions--Chewable surface means any intact protruding
painted surface up to five feet from the floor or ground that is
readily accessible to children less than six years of age (e.g.,
protruding corners, windowsills and frames, doors and frames, and other
protruding woodwork).
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 34.3 of this title.
* * * * *
(3) Defective paint. In the case of a unit constructed before 1978
that is for a family that includes a child less than six years of age,
the initial inspection under Sec. 887.207(c), and each periodic
inspection under Sec. 887.257, shall include an inspection for
defective paint surfaces. If defective paint surfaces are found,
treatment as required by Sec. 35.24(b)(4) of this title shall be
required, in accordance with Secs. 887.207(c) or 887.257, as appro-
priate. * * *
(4) Chewable surfaces. In the case of a unit constructed before
1978 that is for a family that includes a child less than six years of
age with an identified EBL condition, the initial inspection under
Sec. 887.207(c), or a periodic inspection under Sec. 887.257, shall
include a test for lead-based paint on chewable surfaces. Testing shall
be conducted by a State or local health or housing agency, an inspector
certified or regulated by a State or local health or housing agency, or
an organization recognized by HUD. Lead content shall be tested using
an X-ray fluorescence analyzer (XRF) or other method approved by HUD.
Test readings of 1 mg/cm\2\ or higher shall be considered positive for
the presence of lead-based paint. If the laboratory reports the test
results in percent by weight, 0.5 percent or 5000 parts per million
(ppm) shall be considered positive. When lead-based paint on chewable
surfaces is identified, covering or removal of the paint surface in
accordance with Sec. 35.24(b)(4) of this title shall be required in
accordance with Secs. 887.207(c) or 887.257, as appropriate, and
correction shall be completed within the time limits in paragraph
(i)(3) of this section.
(5) Abatement without testing. In lieu of the procedures set forth
in paragraph (i)(4) of this section, at its discretion the PHA may
forego testing and require the owner to abate all interior and exterior
chewable surfaces in accordance with the method set out in
Sec. 35.24(b)(4) of this title.
* * * * *
PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES
43. The authority citation for part 890 would be revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8013.
44. Section 890.260 would be amended by:
a. Revising paragraph (f)(1)(ii);
b. Revising the second sentences of paragraphs (f)(2)(i) and (iii);
c. Removing the definitions of ``Applicable surface'' and
``Defective paint surfaces'' and revising the introductory text and the
definitions of ``Chewable surface'', and ``Elevated blood lead level or
EBL'' in paragraph (f)(2)(ii);
d. Adding the definition ``Defective paint surface'' in
alphabetical order in paragraph (f)(2)(ii); and
e. Revising paragraphs (f)(2)(iv), (v) and (vi), to read as
follows:
Sec. 890.260 Other Federal requirements.
* * * * *
(f) * * *
(1) * * *
(ii) In which any child less than six years of age resides or is
expected to reside.
(2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6)
and supersedes, with respect to the program, the requirements
prescribed in part 35, subpart C, of this title.
(ii) The following definitions apply to paragraph (f) of this
section:
Chewable surface means any intact protruding painted surface up to
five feet from the floor or ground that is readily accessible to
children less than six years of age (e.g., protruding corners,
windowsills and frames, doors and frames, and other protruding
woodwork).
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
(iii) * * * Defective paint surfaces either must be tested for lead
content or, if defective paint surfaces are not tested, the presence of
lead-based paint shall be assumed and the surfaces abated in accordance
with Sec. 35.24(b)(4) of this title. * * *
(iv) In the case of a structure constructed or substantially
rehabilitated prior to 1978, if the Owner is presented with test
results that indicate that a child less than six years of age occupies
the structure and has an elevated blood lead level (EBL), the Owner
must cause the unit to be tested for lead-based paint on chewable
surfaces. Testing shall be conducted by a State or local health or
housing agency, an inspector certified or regulated by a State or local
health or housing agency, or an organization recognized by HUD. Lead
content shall be tested using an X-ray fluorescence analyzer (XRF) or
other method approved by HUD. Test readings of 1 mg/cm\2\ or higher
shall be considered positive for the presence of lead-based paint. If
the laboratory reports the test results in percent by weight, 0.5
percent or 5000 parts per million (ppm) shall be considered positive.
When lead-based paint on chewable surfaces is identified, covering or
removal of the paint surface in accordance with Sec. 35.24(b)(4) of
this title is required.
(v) When abatement will result from rehabilitation activities
planned (i.e., when all defective or chewable surfaces will be
replaced, covered, or otherwise abated as described in this part),
these surfaces do not have to be tested.
(vi) In lieu of the procedures set forth in the preceding clause,
at its discretion the Owner may abate all interior and exterior
chewable surfaces in accordance with the methods set out in
Sec. 35.24(b)(4) of this title.
* * * * *
PART 905--INDIAN HOUSING PROGRAMS
45. The authority citation for part 905 would be revised to read as
follows:
Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437a-1, 1437aa, 1437bb,
1437c, 1437cc, 1437ee, and 3535(d).
46. Section 905.102 would be amended by removing the definition of
``Applicable surface'' and revising the definitions of ``Chewable
surface'', ``Defective lead-based paint surface'', ``Defective paint
surface'', and ``Elevated blood lead level or EBL'', to read as
follows:
Sec. 905.102 Definitions.
* * * * *
Chewable surface. Any intact protruding painted surface up to five
feet from the floor or ground that is readily accessible to children
less than six years of age (e.g., protruding corners, windowsills and
frames, doors and frames, and other protruding woodwork).
* * * * *
Defective lead-based paint surface. A surface having paint that has
a lead content of at least 1 mg/cm\2\ and that is cracking, scaling,
chipping, peeling, or loose.
Defective paint surface. A surface on which the paint is nonintact,
i.e. the paint is cracking, scaling, chipping, peeling, or loose.
* * * * *
Elevated blood lead level or EBL. Excessive absorption of lead is a
confirmed concentration of lead in whole blood of 20 g/dl
(micrograms per deciliter of whole blood) for a single test or of 15-19
g/dl in two consecutive tests several months apart.
* * * * *
47. The last sentence in Sec. 905.551 would be revised to read as
follows:
Sec. 905.551 Purpose and applicability.
* * * This subpart is promulgated in accordance with the
authorization granted in Sec. 35.24(b)(4) of this title and supersedes,
with respect to all housing to which it applies, the requirements
prescribed by part 35, subpart C, of this title.
48. Section 905.553(a) would be revised to read as follows:
Sec. 905.553 Testing and abatement applicable to development.
(a) Pre-acquisition testing. With respect to development, all
existing properties constructed before 1978 (or substantially
rehabilitated before 1978) and proposed to be acquired for family
projects (whether or not they will need rehabilitation) shall be tested
for lead-based paint on all interior and exterior painted surfaces.
* * * * *
49. Section 905.555 would be amended by revising the first sentence
in paragraph (a)(2) and the second sentence in paragraph (d), to read
as follows:
Sec. 905.555 Testing and abatement applicable to modernization.
(a) * * *
(2) Special Purpose. The requirements for lead-based paint testing
and abatement apply to the following three categories of special
purpose modernization: vacant unit reduction; accessibility for
handicapped (for any dwelling in such housing in which any child less
than six years of age resides or is expected to reside); and cost-
effective energy efficiency measures. * * *
* * * * *
(d) * * * Abatement within a comprehensive and homeownership
modernization project should be prioritized in relation to the
immediacy of the hazards to children less than six years of age.
* * * * *
50. Section 905.560 would be amended by revising the first sentence
of paragraph (a)(6) and the heading and first sentence of paragraph
(b), to read as follows:
Sec. 905.560 Notification.
(a) * * *
(6) Of the advisability and availability of blood lead level
screening for children less than six years of age. * * *
(b) Lead-based paint hazard notification for applicants and
prospective purchasers. A notice of the dangers of lead-based paint
poisoning and a notice of the advisability and availability of blood
lead level screening for children less than six years of age shall be
provided to every applicant family at the time of application. * * *
* * * * *
51. The second sentence of Sec. 905.565 would be revised to read as
follows:
Sec. 905.565 Maintenance obligation; defective paint surfaces.
* * * If defective paint surfaces are found, covering or removal of
the defective paint spots as described in Sec. 35.24(b)(4) of this
title shall be required. * * *
52. Section 905.570 would be amended by revising paragraphs (a)(1),
(b), and (d)(1)(ii); the heading in paragraph (d)(1)(iii); and the
second sentence in paragraph (d)(2), to read as follows:
Sec. 905.570 Procedures involving EBLs.
(a) * * *
(1) Test for lead-based paint all surfaces in the unit and all
interior and exterior painted surfaces of any IHA-owned and operated
child care facility, if used by the EBL child, and abate the surfaces
found to contain lead-based paint. Testing of exterior and interior
common areas (including nondwelling IHA facilities that are commonly
used by the EBL child less than six years of age) will be done as
considered necessary and appropriate by the IHA and HUD; or
* * * * *
(b) Procedures when a nonresident child using an IHA-owned or
operated child care facility has an EBL. When a nonresident child using
an IHA-owned or operated child care facility has been identified as
having an EBL, the IHA shall test all interior and exterior painted
surfaces of the IHA-owned or operated facility and abate the surfaces
found to contain lead-based paint.
* * * * *
(d) * * *
(1) * * *
(ii) IHA-owned or operated child care facility used by a child with
an EBL. Any interior or exterior painted surface found to contain lead-
based paint shall be treated.
(iii) Interior common areas (including nondwelling IHA facilities
that are commonly used by EBL children less than six years of age) and
exterior surfaces of projects in which children with EBLs reside. * * *
(2) * * * Certain prohibited abatement methods are set forth in
Sec. 35.24(b)(4) of this title. * * *
* * * * *
PART 491--PUBLIC HOUSING DEVELOPMENT
53. The authority citation for part 941 would be revised to read as
follows:
Authority: 42 U.S.C. 1437b, 1437c, 1437(g), and 3535(d).
54. The first sentence in Sec. 941.208(h) would be revised to read
as follows:
Sec. 941.208 Other Federal requirements.
* * * * *
(h) Lead-based paint. All existing properties constructed before
1978 (or substantially rehabilitated before 1978) and proposed to be
acquired for family projects (whether or not they need rehabilitation)
under this part, including those proposed for Major Reconstruction of
Obsolete Projects (MROP) grants, shall be tested for lead-based paint
on all interior or exterior painted surfaces.
* * * * *
PART 961--PUBLIC HOUSING DRUG ELIMINATION PROGRAM
55. The authority citation for part 961 would continue to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11901 et seq.
56. Section 961.29 would be amended by:
a. Revising the second sentence of the introductory text of
paragraph (e);
b. Removing paragraph (e)(2) and redesignating paragraph (e)(3) as
paragraph (e)(2);
c. Revising paragraphs (e)(2)(ii) and (iii), as redesignated, to
read as follows:
Sec. 961.29 Other Federal requirements.
* * * * *
(e) * * * This section is promulgated pursuant to the authority
granted in Sec. 35.24(b)(6) of this title and supersedes, with respect
to all housing to which it applies, the requirements (not including
definitions) prescribed by part 35, subpart C of this title.
* * * * *
(2) * * *
(ii) Other similar types of single-purpose programs that do not
involve physical repairs or remodeling of painted surfaces of
residential structures; or
(iii) Any non-single purpose rehabilitation that does not involve
painted surfaces and that does not exceed $3,000 per unit.
* * * * *
PART 965--PHA-OWNED OR LEASED PROJECTS--MAINTENANCE AND OPERATION
57. The authority citation for part 965 would be revised to read as
follows:
Authority: 42 U.S.C. 1437, 1437a, 1437d, 1437g, 3535(d). Subpart
H is also issued under 42 U.S.C. 4821-4846.
58. The last sentence in Sec. 965.701 would be revised to read as
follows:
Sec. 965.701 Purpose and applicability.
* * * This subpart is promulgated pursuant to the authorization
granted in Sec. 35.24(b)(6) in this title and supersedes, with respect
to all housing to which it applies, the requirements prescribed by part
35, subpart C of this title.
59. Section 965.702 would be amended by removing the definition of
``Applicable surface'' and revising the definitions of ``Defective
lead-based paint surface'', ``Defective paint surface'', and ``Elevated
blood lead level or EBL'', to read as follows:
Sec. 965.702 Definitions.
Defective lead-based paint surface. A surface having paint that has
a lead content of at least 1 mg/cm\2\ and is cracking, scaling,
chipping, peeling, or loose.
Defective paint surface means the same as the term is defined in
Sec. 35.22 of this title.
Elevated blood lead level or EBL means the same as the term is
defined in Sec. 35.3 of this title.
* * * * *
60. Section 965.703 would be amended by:
a. Designating paragraph (a) introductory text as paragraph (a)(1)
and redesignating paragraphs (1) through (6) as paragraphs (a)(1) (i)
through (vi);
b. Revising newly designated paragraph (a)(1)(vi);
c. Designating the concluding paragraph in paragraph (a) as
paragraph (a)(2); and
d. Revising the heading and first sentence of paragraph (b), to
read as follows:
Sec. 965.703 Notification.
(a) * * *
(vi) Of the advisability and availability of blood lead level
screening for children less than six years of age.
* * * * *
(b) Lead-based paint hazard notification for applicants and
prospective purchasers. A notice of the dangers of lead-based paint
poisoning and a notice of the advisability and availability of blood
lead level screening for children less than six years of age shall be
provided to every applicant family at the time of the application. * *
*
* * * * *
61. The second sentence of Sec. 965.704 would be revised to read as
follows:
Sec. 965.704 Maintenance obligation.
* * * Defective paint surfaces either must be tested for lead
content or, if defective paint surfaces are not tested, the presence of
lead-based paint shall be assumed and the surfaces abated in accordance
with Sec. 35.24(b)(4) of this title. * * *
62. Section 965.706 would be amended by:
a. Revising paragraphs (a) and (b);
b. Revising the fifth sentence in paragraph (c);
c. Revising the second sentence in paragraph (d)(1)(ii);
d. Revising the first sentence in paragraph (d)(1)(iii); and
e. Revising the second sentence in paragraph (d)(2), to read as
follows:
Sec. 965.706 Procedures involving EBLs.
(a) Procedures when a current resident child has an EBL. When a
child residing in a PHA-owned low income family project has been
identified as having an EBL, the PHA shall: (1) Test for lead-based
paint all painted surfaces in the unit and at the PHA-owned or operated
child care facility, if used by the EBL child, and abate the surfaces
found to contain lead-based paint. Testing of exteriors and interior
common areas (including nondwelling PHA facilities that are commonly
used by the EBL child less than six years of age) will be done as
considered necessary and appropriate by the PHA and HUD; or
(2) Assign the family to a post-1978 or previously tested unit that
was found to be free of lead-based paint hazards or in which such
hazards have been abated as described in this section.
(b) Procedures when a nonresident child using a PHA-owned or
operated child care facility has an EBL. When a nonresident child using
a PHA-owned or operated child care facility has been identified as
having an EBL, the PHA shall test all painted surfaces of the PHA-owned
or operated child care facility and abate the surfaces found to contain
lead-based paint.
(c) * * * If the results equal or exceed a level of 1 mg/cm\2\ or
0.5 percent by weight or 5,000 parts per million (ppm), the results
shall be provided to the tenant or the family of the EBL child using
PHA-owned or operated child care facilities. * * *
(d) * * *
(1) * * *
(ii) * * * Any painted surface found to contain lead-based paint
shall be treated.
(iii) Interior common areas (including nondwelling PHA facilities
that are commonly used by EBL children less than six years of age) and
exterior surfaces of developments in which children with EBLs reside. *
* *
(2) * * * Certain prohibited abatement methods are set forth in
Sec. 35.24(b)(4) of this title. * * *
PART 968--PUBLIC HOUSING MODERNIZATION
63. The authority citation for part 968 would continue to read as
follows:
Authority: 42 U.S.C. 1437d, 1437l and 3535(d).
64. Section 968.110 would be amended by revising the first sentence
in paragraph (k)(1)(ii) and the second sentence of paragraph (k)(4), to
read as follows:
Sec. 968.110 Other program requirements.
* * * * *
(k) * * *
(1) * * *
(ii) The requirements for lead-based paint testing and abatement
apply to the following three categories of special purpose
modernization: vacant unit reduction; accessibility for handicapped
(and any dwelling in such housing in which any child who is less than
six years of age resides or is expected to reside); and cost-effective
energy efficiency measures. * * *
* * * * *
(4) * * * Abatement within a comprehensive and homeownership
modernization project should be prioritized in relation to the
immediacy of the hazards to children less than six years of age.
* * * * *
Dated: April 26, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-11400 Filed 5-11-94; 8:45 am]
BILLING CODE 4210-32-P
