[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Pages 24408-24427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11949]
[[Page 24407]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Funding Availability for Lead-Based Paint Hazard Control in
Housing, Fiscal Year 1996 and Proposed Collection of Information;
Comment Request; Notice
Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 /
Notices
[[Page 24408]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. FR-4049-N-01]
Office of Lead-Based Paint Abatement and Poisoning Prevention;
NOFA for Lead-Based Paint Hazard Control in Housing, Fiscal Year 1996
and Proposed Collection of Information; Comment Request
AGENCY: Office of the Secretary--Office of Lead-Based Paint Abatement
and Poisoning Prevention, HUD.
ACTION: Notice of funding availability and request for comments on
information collection requirements.
-----------------------------------------------------------------------
SUMMARY: This notice announces the competition for two categories of
grant funding: Category A for approximately $50 million for a grant
program for State and local governments to undertake lead-based paint
hazard control in eligible housing units; and Category B for
approximately $4 million for grants to State and local governments for
assistance in undertaking lead-based paint hazard control in eligible
housing units on Superfund sites. The NOFA includes statutory changes
made to the grant program, including in the definition of the housing
for which the Secretary is authorized to provide grants, by the Omnibus
Consolidated Rescissions and Appropriations Act of 1996.
Approximately 10-12 grants of $1 million-$6 million each will be
awarded under Category A and a maximum of 8 grants of $500,000 to $2
million each will be awarded under Category B. The grant sum requested
by applicants under either category must constitute the total request
for the maximum thirty six (36) months for the expected duration of the
proposed project. Proposals can be submitted by jurisdictions for both
categories of assistance. As part of HUD's reinvention initiative, this
Notice of Funding Availability (NOFA) includes changes that HUD
believes will make the application for lead-based paint hazard control
grant funds simpler and less time-consuming than in past competitions.
This NOFA limits a Category A applicant's response to the Rating
Factors to a maximum of 25 pages, has specific format instructions, and
reduces the number of budget forms required. (There are no page
limitations for Category B applicant's responses to the Rating
Factors.) The application kit developed for this NOFA provide
additional details to further guide and assist those eligible to apply.
This document includes information concerning the following:
(1) The purpose of the NOFA, eligibility, available amounts, and
selection criteria;
(2) Application processing, including how to apply and how
selections will be made; and
(3) A checklist of steps and exhibits involved in the application
process.
Appendices to the NOFA identify relevant regulations and guidelines
referenced throughout the NOFA, define ``administrative costs'', list
HUD housing programs eligible to receive assistance under the program,
and provide a relevant statutory provision.
DATES: An original and two copies of the completed application must be
received by HUD no later than 3:00 p.m. (Eastern Time) on July 30,
1996. The application deadline is firm as to date and hour. In the
interest of fairness to all competing applicants, the Department will
treat as ineligible for consideration any application that is received
after its deadline. Applicants should take this factor into account and
make early submission of their materials to avoid loss of eligibility
brought about by unanticipated delays or other delivery-related
problems. Sections 5 and 7 of this NOFA provide further information on
what constitutes proper submission of an application for Category A and
B respectively.
The deadline for comments on the information collection
requirements is July 15, 1996.
ADDRESSES: Application kits may be obtained from the Office of Lead-
Based Paint Abatement and Poisoning Prevention, Department of Housing
and Urban Development, Room B-133, 451 Seventh Street, S.W.,
Washington, D.C. 20410, or by calling Ms. Phyllis Horace at (202) 755-
1785, extension 120 (this is not a toll-free number), or by making an
e-mail request to: phyllis__d.__horace@hud.gov (use underscore
characters). The Department is also planning to make the NOFA and
application kit accessible via the Internet World Wide Web. Completed
applications should be submitted to the mailing address, and may not be
faxed or electronically transmitted.
Comments on the proposed information collection requirements must
refer to the NOFA for Lead-Based Paint Hazard Control in Priority
Housing, Fiscal Year 1996 (FR-4049), and must be sent to: Reports
Liaison Officer, Office of Lead-Based Paint Abatement and Poisoning
Prevention, Department of Housing & Urban Development, 451 7th Street,
SW, Room B-133, Washington, DC 20410
FOR FURTHER INFORMATION CONTACT: For Category A applicants: Ellis G.
Goldman, Director, Program Management Division, Office of Lead-Based
Paint Abatement and Poisoning Prevention, Room B-133, 451 Seventh
Street, S.W., Washington, D.C. 20410, telephone (202) 755-1822,
extension 112 (this is not a toll-free number). For Category B
applicants: Melissa F. Shapiro, telephone (202) 755-1785, extension 153
(this is not a toll-free number). For hearing- and speech-impaired
persons, the telephone number may be accessed via TTY (text telephone)
by calling the Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Table of Contents:
Section 1. Paperwork Reduction Act Statement
Section 2. Definitions.
Section 3. Purpose and Description
3.1 Purpose and Authority
3.2 Background
3.2.1 Previous Awards
3.3 Allocation Amounts
3.4 Eligibility
3.5 Limitations on the Use of Assistance
3.6 Environmental Review
3.7 Objectives and Requirements
Section 4. Application Process for Category A
4.1 Submitting Applications
4.2 Threshold Requirements
4.3 Rating Factors
Section 5. Checklist of Application Submission Requirements for
Category A
5.1 Applicant Data
5.2 Proposed Activities
5.3 Certifications and Assurances
Section 6. Purpose and Description for Category B
6.1 Purpose and Authority
6.2 Background
6.3 Allocation Amounts
6.4 Eligibility
6.5 Limitations on the Use of Assistance
6.6 Environmental Review
6.7 Objectives and Requirements
Section 7. Application Process for Category B
7.1 Submitting Applications for Grants
7.2 Threshold Requirements
7.3 Rating Factors
7.4 Checklist of Application Submission Requirements
7.4.1 Applicant Data
7.4.2 Proposed Activities
7.4.3 Certifications and Assurances
Section 8. Corrections to Deficient Applications
Section 9. Administrative Provisions
9.1 Obligation of Funds
9.2 Increases of Awards
9.3 Deobligation
9.4 Reports
Section 10. Other Matters
Appendix A. Relevant Federal Regulations and Guidelines
Appendix B. Explanation of ``Administrative Costs''
Appendix C. Section 1011(a) of Title X, as amended by Pub.L. 104-134
[[Page 24409]]
Appendix D. Eligibility of HUD-Associated Housing Units
Appendix E. Elements of a State Certification Program
Section 1. Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget (OMB) for a
temporary extension of the control number, in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and 5 CFR
1320.13. A notice requesting public comment on this extension was
published in the Federal Register on April 23, 1996 (61 FR 17906). When
assigned, the OMB control number will be published by a separate notice
in the Federal Register. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless the collection displays a valid control number.
In addition, in today's notice the Department is soliciting
comments, as required under 5 CFR 1320.8(d), before submitting the
information collection requirements contained in this NOFA to OMB for
regular review in accordance with 5 CFR 1320.10. The Department is
seeking comments from members of the public and affected agencies
concerning the proposed collection of information to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond; including through the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Interested persons are invited to submit comments regarding the
information collection requirements in this proposal. Comments must be
received within 60 days from the date of this proposal. Comments must
refer to the proposal by name and docket number (FR-4049) and must be
sent to: Reports Liaison Officer, Office of Lead-Based Paint Abatement
and Poisoning Prevention, Department of Housing & Urban Development,
451 7th Street SW, Room 4244, Washington, DC 20410.
This Notice also lists the following information:
Title of Proposal: NOFA for Lead-Based Paint Hazard Control in
Priority Housing, Fiscal Year 1996 (FR-4049)
Description of the Need for the Information and Proposed Use: This
information collection is required in connection with the issuance of
this NOFA, announcing the availability of $50 million for grants for
lead-based paint hazard reduction in private priority housing.
Form Number: None
Members of Affected Public: State and local governments.
Estimation of the Total Number of Hours Needed to Prepare the
Information Collection including Number of Respondents, Frequency of
Response, and Hours of Response:
----------------------------------------------------------------------------------------------------------------
Frequency
Number of of Hours per Burden
respondents responses response hours
----------------------------------------------------------------------------------------------------------------
Application Development..................................... 75 1 120 9,000
Total Estimated Burden Hours: 9,000.
----------------------------------------------------------------------------------------------------------------
Status of the Proposed Information Collection: Emergency processing
request pending.
Section 2. Definitions
The following definitions apply to this grant program:
Abatement--Any set of measures designed to permanently eliminate
lead-based paint or lead-based paint hazards. For the purposes of this
definition, permanent means at least 20 years effective life. Abatement
includes:
(a) The removal of lead-based paint and lead-contaminated dust, the
permanent enclosure or encapsulation of lead-based paint, the
replacement of components or fixtures painted with lead-based paint,
and the removal or permanent covering of soil; and
(b) All preparation, cleanup, disposal, and post-abatement
clearance testing activities associated with such measures.
Accredited Laboratory--A laboratory that is accredited by an EPA-
approved lead laboratory accrediting organization and recognized by the
National Lead Laboratory Accreditation Program (NLLAP), as being
capable of performing lead analyses of samples of paint, dust wipes,
and/or soil. (A list of recognized laboratories and EPA-approved lead
laboratory accrediting organizations is available from the National
Lead Information Center at (800-424-LEAD [5323]).
Administrative Costs--(See Appendix B of this NOFA for a detailed
definition.)
Applicant--A State or a unit of general local government with a
currently approved Comprehensive Housing Affordability Strategy (CHAS)
or Consolidated Plan that applies for funding under this NOFA.
Certified Contractor--A contractor, inspector, risk assessor,
supervisor or others required to have successfully completed a training
program approved by the appropriate Federal agency and who has met any
other requirements for certification or licensure established by such
agency or who has been certified by any State through a program which
has been found by such Federal agency to be at least as rigorous as the
training and certification standards and requirements found in Appendix
E of this NOFA. All lead-hazard identification or control work shall be
performed by workers and supervisors who have passed a Federal training
program or a State training program found by such Federal agency to be
at least as rigorous as the Federal program.
Certified Inspector and Certified Risk Assessor--Included in the
definition of ``certified contractor,'' above.
Clearance Testing and Examination--A HUD-required visual
examination and collection of environmental samples by a certified
inspector or certified risk assessor, and laboratory analysis by an
accredited laboratory upon completion of lead-hazard control work. The
unit must undergo wipe testing showing that it has lead dust levels
below HUD's interim standards. Current standards are: for bare and
carpeted floors (100 g/ft \2\ [micrograms/square foot]);
interior window sills (500 g/ft \2\); and window troughs
(wells), exterior concrete or other rough surfaces (800 g/ft
\2\). (These interim standards may be revised subject to EPA's issuance
of regulations.)
Eligible Housing--Target housing that qualifies as eligible housing
under section 1011(a) of the Residential Lead-
[[Page 24410]]
Based Paint Hazard Reduction Act of 1992, as amended by section 217 of
the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Pub. L. 104-134; 110 Stat. 1321, approved April 26, 1996) (See
Appendix C of this NOFA for criteria for eligible housing units and
Appendix D for a list of HUD's programs and their eligibility or
ineligibility for receiving assistance under this grant program.) The
term does not include any public housing (whether Federal or locally
supported), any federally owned housing, or any federally assisted
housing.
Encapsulation--The application of any covering or coating that acts
as a barrier between the lead-based paint and the environment and that
relies, for its durability, on adhesion between the encapsulant and the
painted surface, and on the integrity of the existing bonds between
paint layers, and between the paint and the substrate.
Enclosure--The use of rigid, durable construction materials that
are mechanically fastened to the substrate to act as a barrier between
the lead-based paint and the environment.
Federally Assisted Housing--Residential dwellings receiving
project-based assistance under programs including:
(1) Section 221(d)(3) or section 236 of the National Housing Act;
(2) Section 1 of the Housing and Urban Development Act of 1965;
(3) Section 8 of the United States Housing Act of 1937; or
(4) Sections 502(a), 504, 514, 515, 516, and 533 of the Housing Act
of 1949.
``Federally Assisted Housing'' is not eligible for assistance under
the HUD Lead-Based Paint Hazard Control Grant Program. (See Appendix D
of this NOFA.)
Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing (June 1995)--HUD's manual of lead hazard control
practices (commonly referred to as the Guidelines) which provide
detailed, comprehensive, technical information on how to identify lead-
based paint hazards in housing and how to control such hazards safely
and efficiently. (The Guidelines replace the HUD ``Lead-Based Paint:
Interim Guidelines for Hazard Identification and Abatement in Public
and Indian Housing.'')
Hazardous Waste--As defined in EPA regulations (40 CFR 261.3).
Solid waste, or a combination of solid wastes, that because of its
quantity; concentration; or physical, chemical, or infectious
characteristics may:
(1) Cause, or significantly contribute to increases in mortality,
serious and irreversible, or incapacitating but reversible illness; or
(2) Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed.
HEPA Vacuum--(High Efficiency Particulate Air)--A vacuum cleaner
fitted with a filter capable of removing particles of 0.3 microns or
larger at 99.97 percent or greater efficiency from the exhaust air
stream.
Interim Controls--A set of measures designed to temporarily reduce
human exposure or possible exposure to lead-based paint hazards. Such
measures include specialized cleaning, repairs, maintenance, painting,
temporary containment, and management and resident education programs.
Interim controls include dust removal; paint film stabilization;
treatment of friction and impact surfaces; installation of soil
coverings, such as grass or sod; and land-use controls.
Laboratory Analysis--As used for paint, dust-wipes or soil,
analysis for lead by an accredited laboratory in accordance with the
requirements and limitations of its accreditation.
Lead-Based Paint--Any paint, varnish, shellac, or other coating
that contains lead equal to or greater than 1.0 mg/cm2 as measured
by XRF or laboratory analysis, or 0.5 percent by weight (5,000
g/g, 5,000 ppm, or 5,000 mg/kg) as measured by laboratory
analysis. (Local definitions may vary.)
Lead-Based Paint Hazard--A condition in which exposure to lead from
lead-contaminated dust, lead-contaminated soil, or deteriorated lead-
based paint would have an adverse effect on human health (as
established by the EPA Administrator under Title IV of the Toxic
Substances Control Act). Lead-based paint hazards include for example,
deteriorated lead-based paint, dust levels above applicable standards,
and bare leaded soil above applicable standards.
Lead-Based Paint Hazard Control--Activities to control and
eliminate lead-based hazards, including interim controls, abatement and
complete abatement.
Lead-Contaminated Dust--Surface dust in residences that contains an
area or mass concentration of lead in excess of the standard
established by the EPA Administrator, pursuant to Title IV of the Toxic
Substances Control Act. Until the EPA standards are established, the
HUD-recommended clearance and risk assessment standards for leaded dust
are 100 g/ft2 on floors, 500 g/ft \2\ on
interior window sills, and 800 g/ft2 on window troughs
(wells), exterior concrete or other rough surfaces; criteria for work
under this grant shall be at least as stringent as these standards.
Lead-Contaminated Soil--Bare soil on residential property that
contains lead in excess of the standard established by the EPA
Administrator, pursuant to Title IV of the Toxic Substances Control
Act. The HUD-recommended standard and interim EPA guidance is 400
g/g for high-contact play areas and 2,000 g/g in
other bare areas of the yard; criteria for work under this grant shall
be at least as stringent as these standards. Soil contaminated with
lead at levels greater than or equal to 5,000 g/g should be
abated by removal or paving.
mg--milligram; 1/1,000 of a gram; equal to about 35/1,000,000 (35
millionths) of an ounce (an ounce is equal to about 28,400 mg).
Potentially Responsible Party (PRP)--Any individual or entity
including owners, operators, transporters, or generators who may be
liable under CERCLA section 107(a).
Replacement--A strategy of abatement that entails the removal of
building components coated with lead-based paint (such as windows,
doors, and trim) and the installation of new components free of lead-
based paint.
Residential Dwelling--This term means either:
(1) A single-family dwelling, including attached structures, such
as porches and stoops; or
(2) A single-family dwelling unit in a structure that contains more
than one separate residential dwelling unit and in which each unit is,
or is intended to be used or occupied, in whole or in part, as the home
or residence of one or more persons.
Risk Assessment--An on-site investigation of a residential dwelling
to discover any lead-based paint hazards. Risk assessments include an
investigation of the age, history, management, maintenance of the
dwelling, and the number of children under age 6 and women of child-
bearing age who are residents; a visual assessment; limited
environmental sampling (i.e., collection of dust wipe samples, soil
samples, and deteriorated paint samples); and preparation of a report
identifying acceptable abatement and interim control strategies based
on specific conditions.
State Certification Program--(see Appendix E of this NOFA--Elements
of a State Certification Program)
Substrate--A surface on which paint, varnish, or other coating has
been applied or may be applied. Examples of substrates include wood,
plaster, metal, and drywall.
[[Page 24411]]
Target Housing--Any residential unit constructed before 1978,
except dwellings for the elderly or persons with disabilities (unless
any child who is less than 6 years of age resides or is expected to
reside in such housing for the elderly or persons with disabilities) or
any 0-bedroom dwelling.
Testing--The measurement of lead in painted surfaces by Federal- or
State-certified personnel using a portable X-ray fluorescence analyzer
(XRF) operated in accordance with its manufacturer's operating
instructions and its Performance Characteristics Sheet (PCS),
laboratory analysis by an accredited laboratory of paint samples, or
other method(s) approved by HUD.
Title X--The Residential Lead-Based Hazard Reduction Act of 1992
(Title X of the Housing and Community Development Act of 1992, Pub. L.
102-550, approved October 28, 1992).
Trained Worker--For lead hazard control work, a worker who has
successfully met all the requirements of a Federal or State-accredited
lead-based paint training course in a particular discipline which
meets, at a minimum, the requirements found in Appendix E of this NOFA.
g (or ug)--Micrograms. The prefix micro means 1/1,000,000
(or one-millionth); a microgram is 1/1,000,000 of a gram and 1/1,000 of
a milligram; equal to about 35/1,000,000,000 (35 billionths) of an
ounce (an ounce is equal to 28,400,000 g).
Wipe Sampling for Settled Lead-Contaminated Dust--The collection of
settled dust samples from surfaces to measure for the presence of lead.
Samples must be analyzed by an accredited laboratory. For clearance
purposes, settled dust sampling shall be performed in accordance with
the HUD Guidelines. Surfaces sampled must meet the current HUD
standards for clearance. All surfaces shall have no more than the
maximum allowable standards. (See ``Clearance Testing and
Examination''.)
XRF Analyzer--An instrument that determines lead area concentration
in painted surfaces in units of milligrams per square centimeter (mg/
cm\2\) using the principle of x-ray fluorescence (XRF). For purposes of
the grant program, and as used in the Guidelines, the term XRF analyzer
only refers to portable instruments manufactured to analyze paint, and
does not refer to laboratory-grade units or portable instruments
designed to analyze soil or dust. XRF analyzers are to be operated in
accordance with their manufacturer's operating instructions and their
Performance Characteristics Sheet (PCS).
Section 3. Purpose and Description
Section 3.1 Purpose and Authority
Hazard-control grants are to assist State and local governments in
undertaking programs for the identification and control of lead-based
paint hazards in eligible housing units for rental occupants and owner
occupants. (Appendix D of this NOFA lists HUD-associated housing
programs that may have dwellings that meet the definition of eligible
housing.) Approximately fifty million dollars ($50 million) is being
made available to fund approximately 10-12 Category A grants of $1
million to $6 million each to assist State and local governments in
undertaking lead-based paint hazard control in eligible housing. A
maximum of 20 percent of the funds under Category A of this NOFA shall
be available to previous Lead-Based Paint Hazard Control grantees. This
limitation is imposed to build capacity in those areas where no
previous grant supported work has been done, but still retain the
Department's ability to target some funds to areas of greatest need.
Approximately four million dollars ($4 million) will be available to
fund a maximum of eight (8) Category B grants of $500,000 to $2 million
each. Funds available under Category B are intended to promote
coordination between Superfund and the HUD Lead-Based Paint Hazard
Control Grant Program, to maximize the benefits provided under each
program, and to involve the private sector. These funds are to be used
to control lead-based paint hazards at Superfund sites where Superfund
dollars will be spent to control lead-contaminated soil, and probably
housing exteriors, and HUD grant dollars will be used to control lead-
based paint hazards in eligible housing units.
Proposals may be submitted under both categories of assistance. The
amounts constitute the total request for the duration of the project.
Grants are authorized under section 1011 (a)-(f) of Title X.
The purposes of this program include:
(a) Implementation of a national strategy, as defined in Title X,
to build the infrastructure necessary to eliminate lead-based paint
hazards in all housing, as widely and expeditiously as possible;
(b) Encouragement of effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based paint
hazard identification and control;
(c) Mobilization of public and private resources, involving
cooperation among all levels of government and the private sector, to
develop the most promising, cost-effective methods for identifying and
controlling lead-based paint hazards; and
(d) To the greatest extent feasible, promoting job training,
employment, and other economic lift opportunities for low-income
residents and businesses which are owned by and/or employ low-income
residents as defined in 24 CFR 135.5 (See 59 FR 33881, June 30, 1994).
Section 3.2 Background
Lead is a powerful toxicant that attacks the central nervous system
and is particularly damaging to the neurological development of young
children. Pregnant women can transfer lead through the placenta to the
fetus. Lead-based paint (LBP) is one of the major sources of lead in
the environment. In addition to paint, lead may be found in dust, soil,
drinking water, food, emissions from leaded gasoline combustion, and
industrial emissions. Human exposure to lead is found by measuring
blood samples for the presence of lead.
Based upon additional analysis in 1995 of the data generated from
the national housing survey conducted for HUD (Report on the National
Survey of Lead-Based Paint in Housing, June 1995.), of all occupied
housing units built before Congress banned the use of lead-based paint
in 1978, approximately 83 percent or 64.4 million housing units are
estimated to have lead-based paint somewhere on the exterior or
interior of the building. Approximately 90 percent of the dwellings
built prior to 1960 have lead-based paint. Older dwellings are more
likely to have higher concentrations of lead on painted surfaces and
greater surface area coverage. Although intact lead-based paint poses
little immediate risk to occupants, non-intact paint which is chipping,
peeling, or otherwise deteriorating may present an immediate risk to
occupants. Therefore, of particular concern are the 14.4 million
housing units that contain deteriorated lead-based paint and/or lead-
contaminated dust and the 3.3 million units that are occupied by young
children. Approximately half of these units are occupied by families
with incomes lower than the national median.
HUD has been actively engaged in a number of activities relating to
lead-based paint as a result of the Lead-Based Paint Poisoning
Prevention Act (LBPPPA), 1971, as amended, 42 U.S.C. 4801-4846. Title X
provides major initiatives and more detailed requirements for this
NOFA. (Appendix A of this NOFA identifies relevant
[[Page 24412]]
Federal regulations and guidelines referred to in this NOFA.)
In June 1995, HUD published Guidelines for the Evaluation and
Control of Lead-Based Paint in Housing (Guidelines) (See Appendix A of
this NOFA). These Guidelines provide detailed, comprehensive, technical
information on how to identify lead-based paint hazards in housing and
how to control such hazards safely and efficiently. These Guidelines
replace the Interim Guidelines developed in 1990.
In July 1995, the Task Force on Lead-Based Paint Hazard Reduction
and Financing, which was established pursuant to Section 1015 of Title
X, presented its final report to HUD and the Environmental Protection
Agency (EPA). The Task Force Report, entitled Putting the Pieces
Together: Controlling Lead Hazards in the Nation's Housing, (See
Appendix A of this NOFA) recommended a number of actions which are
needed to develop comprehensive, health-protective, cost-effective, and
feasible approaches to solving the most significant environmental
health hazard facing America's children. In dealing with the estimated
64.4 million housing units with lead-based paint, the Task Force, using
the Title X framework for redefining the problem, moved beyond the mere
presence of lead-based paint and focused on the conditions that can
expose a child to lead hazards--deteriorating lead-based paint, lead-
contaminated dust and bare lead-contaminated soil. The Task Force
recommendations therefore focus on addressing lead hazards in the
approximately 15 million housing units estimated to contain lead
hazards, and preventing new lead hazards in the balance of the housing
stock. This NOFA incorporates many of the recommendations outlined in
the Task Force Report.
The Environmental Protection Agency (EPA), with assistance from HUD
and the Centers for Disease Control and Prevention (CDC), operates the
National Lead Information Center which includes an automated consumer
information Hotline 1-800-LEADFYI (1-800-532-3394) and a Clearinghouse
for lead-based paint resources and assistance 1-800-424-LEAD (1-800-
424-5323).
In the Federal Register of September 2, 1994, the EPA published the
proposed rule pursuant to sections 402 and 404 of the Toxic Substances
Control Act (TSCA), as amended by Title X (see 40 CFR Part 745 Lead;
Requirements for Lead-Based Paint Activities) for training and
certification requirements for lead-based paint contractors,
inspectors, risk assessors, designers and workers; and its requirements
for a model state program. Until the proposed rule is final, and State
Lead-Based Paint Contractor Certification and Accreditation Programs
are authorized by EPA, State programs should be at least as protective
as outlined in Appendix E of this NOFA. State Lead-Based Paint
Contractor Certification and Accreditation Programs meeting the
requirements under Appendix E of this NOFA are considered acceptable to
HUD and EPA for purposes of the grant programs announced in this NOFA.
Section 3.2.1 Previous Lead-Based Paint Hazard Control Grant Awards
This NOFA is for a fourth round of grants. In Fiscal Years 1992,
1993, and 1994, HUD conducted competitions and approved a total of 64
Lead-Based Paint Hazard Control grants to 56 grantees for approximately
$279 million dollars. There was no competition in FY 1995.
Section 3.3 Allocation Amounts
(a) Amounts. Approximately $50 million will be made available for
the Category A grant program from the appropriations made for the lead-
based paint hazard reduction program in the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Pub. L. 104-134, 110 Stat.
1321, approved April 26, 1996).
(b) Residual Funds. In the selection process, once available funds
have been allocated to meet the full requested and/or negotiated
amounts of the top eligible applicants, HUD reserves the right, in
successive order, to offer any residual amount as partial funding to
the next eligible applicant. Such applicant(s) shall have not more than
7 calendar days to accept, or to decline and reapply in a future round,
provided HUD, in its sole judgment, is satisfied that the residual
amount is sufficient to support a viable, though reduced effort, by
such applicant(s).
(c) Goals. Because lead-based paint is a national problem, these
funds are awarded in a manner that:
Maximizes the number of housing units in which lead-hazard
control occurs;
Stimulates cost-effective State and local approaches that
can be replicated in as many settings as possible;
Disperses the grants as widely as possible across the
nation; and
Builds local capacity.
HUD expects to award approximately 10-12 Category A grants of $1
million to $6 million each on a cost-reimbursable basis.
Section 3.4 Eligibility
Title X specifies the following eligibility requirements for grants
to identify and control lead-based paint hazards in housing:
(a) Eligible Applicants. A State or unit of local government that
has a currently approved Comprehensive Housing Affordability Strategy
(CHAS) under section 105 (42 U.S.C. 12705) of the Cranston-Gonzalez
National Affordable Housing Act (NAHA) or a currently approved
Consolidated Plan is eligible to apply for a grant. However, applicants
are advised that in selecting grantees under this NOFA, the Secretary
or his designee is unlikely to select applicants that were previously
funded under the FY 1994 NOFA (Round Three), issued April 21, 1994 (59
FR 19080). A maximum of 20 percent of the funds under Category A of
this NOFA shall be available to previous Lead-Based Paint Hazard
Control grantees. This selection decision will be pursuant to the
Secretary's authority to ensure geographic distribution and to ensure
that available funds are used effectively to promote the purposes of
Title X. (See Section 4.3, Rating Factors, for additional discussion of
this consideration for selection.)
(b) Certified Performers. Funds shall be available only for
projects conducted by contractors, risk assessors, inspectors, workers
and others engaged in lead-based paint activities who meet the
requirements of a State Lead-Based Paint Contractor Certification and
Accreditation Program that is at least as protective as the Federal
certification program standards outlined in Appendix E to this NOFA or
which meets the requirements of a State program authorized by EPA under
the requirements of Section 404 of the Toxic Substances Control Act
(TSCA).
(c) Eligible Activities. The following direct and support
activities are eligible under this grant program:
(1) Direct Project Elements (whether activities of the grantee or
sub-grantees or other sub-recipients):
Performing risk assessments, inspections and testing of
eligible housing constructed prior to 1978 to determine the presence of
lead-based paint, lead dust, or leaded soil through the use of
acceptable testing procedures.
Conducting Lead Hazard Control which may include any
combination of the following:
Interim control of lead-based paint hazards in housing;
Hazard abatement for programs that apply a differentiated
set of resources to each unit, dependent upon conditions of the unit
and the extent of hazards; and
[[Page 24413]]
Complete abatement of lead-based paint and lead-based
paint hazards, including soil and dust, by means of removal, enclosure,
encapsulation, or replacement methods.
(HUD encourages local innovation in performing work under this
grant.)
Carrying out temporary relocation of families and
individuals during the period in which hazard control is conducted and
until the time the affected unit receives clearance for reoccupancy.
Conducting pre-hazard control blood lead testing of
children under the age of six residing in units undergoing risk
assessment, inspection or hazard control.
Performing blood lead testing and air sampling to protect
the health of the hazard-control workers, supervisors, and contractors.
Undertaking other housing rehabilitation activities under
this program that are specifically required to carry out effective
hazard control, and without which, the hazard control could not be
effected. Grant funds from this program may also be used for the lead-
based paint hazard-control component in conjunction with other housing
rehabilitation programs.
Conducting pre- and post-hazard control dust-wipe testing
and analysis.
Carrying out engineering and architectural costs that are
necessary to, and in direct support of, lead hazard control.
Conducting general or targeted community awareness or
education programs on lead hazard control and lead poisoning
prevention.
Securing liability insurance for lead-hazard control
activities.
Supporting data collection, analysis, and evaluation of
grant program activities. This direct project activity includes
compiling and delivering such data as may be required by HUD. For
estimating purposes, an applicant should consider devoting 3 percent of
the total grant sum for this purpose (This 3 percent does not include
the blood lead and environmental testing costs.) Note that this
activity is not included in administrative costs, for which there is a
separate 10 percent limit.
Preparing a final report at the conclusion of grant
activities.
(2) Support Elements:
Administrative costs of the grantee (maximum of 10
percent; (see Appendix B of this NOFA for definition).
Program planning and management costs of sub-grantees and
other sub-recipients.
(d) Ineligible Activities. Grant funds shall not be used:
(1) To purchase real property.
(2) To purchase capital equipment having a per unit cost in excess
of $5,000, except for XRF analyzers. If purchased, capital equipment
and the XRF analyzers shall remain the property of the grantee at the
conclusion of the project. Funds may be used, however, to lease
equipment specifically for the Lead-Based Paint Hazard Control Grant
Program. If leased equipment, other than XRF analyzers, becomes the
property of the grantee as the result of a lease arrangement, the
leased equipment becomes the property of the grantee at the end of the
grant period; and
(3) For chelation or other medical treatment costs related to
children with elevated blood lead levels. Non-Federal funds used to
cover these costs may be counted as part of the required matching
contribution.
Section 3.5 Limitations on the use of Assistance.
(a) Pursuant to the Coastal Barrier Resources Act (16 U.S.C. 3501),
grant funds may not be used for properties located in the Coastal
Barrier Resources System.
(b) Under the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001-4128), grant funds may not be used for construction,
reconstruction, repair or improvement or lead-based paint hazard
control of a building or mobile home which is located in an area
identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards unless:
(1) The community in which the area is situated is participating in
the National Flood Insurance Program in accordance with the applicable
regulations (44 CFR parts 59-79), or less than a year has passed since
FEMA notification regarding these hazards; and
(2) Flood insurance on the property is obtained in accordance with
section 102(a) of the Flood Disaster Protection Act (42 U.S.C.
4012a(a)). Applicants are responsible for assuring that flood insurance
is obtained and maintained for the appropriate amount and term.
(c) The National Historic Preservation Act of 1966 (16 U.S.C. 470)
(NHPA) and the regulations at 36 CFR part 800 apply to the lead-based
paint hazard control activities that are undertaken pursuant to this
NOFA. HUD and the Advisory Council for Historic Preservation have
developed an optional Model Agreement for use by grantees and State
Historic Preservation Officers in carrying out activities under this
NOFA. (See Section 3.6, Environmental Review and Section 8, Other
Matters, in this NOFA.)
(d) The applicant shall comply with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA) (42 U.S.C. 4201-4655). These policies are described in HUD
Handbook 1378, Tenant Assistance, Relocation and Real Property
Acquisition. No displacement (a permanent, involuntary move) is
anticipated. However, to preclude avoidable claims for relocation
assistance, all occupants (owner and tenants) shall, as soon as
feasible, be notified in writing that they will not be displaced by the
lead-based paint hazard-control program. In most cases, tenants and
owner-occupants will be required to relocate temporarily to permit
lead-based paint hazard-control activities to be carried out. All
conditions of the temporary relocation must be reasonable. The policy
regarding temporary relocation costs for owner-occupants who elect to
participate in hazard-control is a matter of grantee discretion. With
respect to tenants who will be required to relocate temporarily, at a
minimum the tenant shall be provided:
(1) Reimbursement for all reasonable out-of-pocket expenses
incurred in connection with the temporary relocation, including the
cost of moving to and from the temporarily occupied housing and any
increase in monthly rent/utility costs at that housing; and
(2) Appropriate advisory services, including reasonable advance
written notice of the date and approximate duration of the temporary
relocation; the address of the suitable, decent, safe, and sanitary
dwelling to be made available for the temporary period; the
reimbursement provisions of paragraph (e) of this section; and
information on a resident's rights under the Fair Housing Act.
(e) Abatement waste disposal will be handled according to the
requirements of the appropriate State or Federal regulatory agency.
(See HUD Guidelines for the disposal of hazard control waste that
contains lead-based paint but is not classified as hazardous.)
(f) The applicant shall observe the procedures for worker
protection established in the HUD Guidelines, as well as the
requirements of the Occupational Safety and Health Administration
(OSHA) (29 CFR 1926.62--Lead Exposure in Construction) (See Appendix A
of this NOFA). If other OSHA requirements published prior to the start
of actual abatement included as part of lead hazard control work at any
individual project site are more stringent than the
[[Page 24414]]
Guidelines, those more stringent OSHA standards shall govern.
(g) Lead hazard control methods that will not be allowed are: open-
flame burning, dry scraping (except immediately around electrical
circuits and plumbing fixtures), uncontrolled abrasive blasting,
machine sanding without HEPA attachments or use of chemicals containing
methylene chloride. The applicant is cautioned that methods that
generate high levels of lead dust, such as abrasive sanding, shall be
undertaken only with requisite worker protection, containment of dust
and debris, suitable clean-up, and clearance.
Section 3.6 Environmental Review
In accordance with the Multifamily Housing Property Disposition
Reform Act of 1994, HUD regulations in 24 CFR Part 58 provide that
recipients of lead-based paint hazard control grants will assume
Federal environmental review responsibilities. Recipients of a grant
under this NOFA will be given guidance in carrying out these
responsibilities.
Section 3.7 Objectives and Requirements
(a) Generally. Grantees will be afforded considerable latitude in
designing and implementing the methods of lead-based paint hazard
control to be employed in their jurisdictions. HUD is interested in
promoting lead hazard control approaches that result in the reduction
of this health threat for the maximum number of low-income residents,
and that demonstrate replicable techniques that are cost-effective and
efficient. Flexibility will be allowed within the parameters
established below. It is critical that written policies and procedures
for all phases of lead hazard control, including risk assessment,
inspection, pre-hazard control blood lead testing, financing,
relocation and clearance testing be clearly established in writing and
adhered to by all applicants, subcontractors, sub-grantees, sub-
recipients, and their contractors. The Department has found that the
establishment of written procedures clearly assigning duties to
participating agencies and individuals helps to protect children,
families, and workers during lead hazard control work.
Proposed methods requiring a variance from the standards or
procedures cited below will be considered on their merits in a separate
HUD review and approval process after the grant award is made and a
specific justification has been presented. If a grant application is
dependent on a variation from the procedures cited below, but otherwise
is of award quality, it will be made as a conditional grant, subject to
approval of the request for variation. When such a request is made,
either in the application or during the planning phase, HUD intends to
consult with experts from both the public and private sector as part of
its final determinations and will document its findings in an
environmental impact assessment. Approval of any proposed modifications
will not involve a lowering of standards that would have a potential to
adversely affect the health of residents, contractors or workers.
(b) Data collection. Grantees will be required to collect the data
necessary to document the various lead hazard control methods employed
in order to determine the relative cost and effectiveness of these
methods in reducing or eliminating lead-based paint hazards. Pre- and
post-lead hazard control environmental dust-wipe sampling is a
requirement.
(c) Lead Hazard Control Testing--Schedule. In developing the
application cost proposal, applicants shall include costs for the pre-
and post-hazard control testing for each dwelling that will undergo
either a lead-based paint risk assessment and/or inspection and hazard
control according to HUD Guidelines, as follows:
(1) XRF on-site (or supplementary laboratory) testing: Conducted
according to HUD Guidelines. Pretest every room or area in each
dwelling unit planned for hazard control, using each XRF analyzer in
accordance with its manufacturer's operating instructions and its
Performance Characteristics Sheet (PCS);
(2) Blood lead testing: Before lead hazard control work begins, the
testing of each occupant who is a child under six years old according
to the recommendations contained in Preventing Lead Poisoning in Young
Children, 1991 Centers for Disease Control and Prevention (CDC). (See
Appendix A of this NOFA.)
(3) Dust testing: Conducted according to the HUD Guidelines.
(A) Pretest before lead hazard control work begins;
(B) Clearance testing before reoccupying a unit or area; and
(C) Test at 12-months after the unit is reoccupied.
(d) Testing--guidance. (1) Generally. All testing and sampling
shall conform to the HUD Guidelines. Note that it is particularly
important to provide this full cycle of testing for hazard control,
including interim controls, even though the testing itself may become a
substantial part of the cost per unit.
(2) Required Thresholds for Hazard control. While the Department's
Guidelines (see Appendix A of this NOFA) employ two hazard-control
thresholds, one milligram per square centimeter (1.0 mg/cm\2\) or 0.5
percent by weight, applicants may utilize other thresholds, provided
that the alternative threshold is justified adequately and is accepted
by HUD. The justification must state why the applicant believes the
proposed threshold will provide satisfactory health protection for
occupants, and must discuss cost savings and benefits expected to
result from using the proposed approach.
(3) Surfaces which require lead hazard control. HUD's Guidelines
identify hazards considered to be of greatest immediate concern to
young children and which require hazard control to be undertaken.
Children are most frequently exposed to the following hazards: Lead-
contaminated dust, deteriorated lead-based paint; and bare, accessible
lead contaminated soil. Friction, chewable, and impact surfaces with
intact lead-based paint are also of concern, but do not necessarily
need to be treated, depending on dust testing results. Friction
surfaces are subject to abrasion and may generate lead-contaminated
dust in the dwelling; chewable surfaces are protruding surfaces that
are easily chewed on by young children; and impact surfaces may become
deteriorated through forceful contact. The applicant may choose to
treat fewer surfaces or apply other hazard control techniques, provided
that an adequate rationale, including periodic monitoring, is presented
to and accepted by HUD. The rationale must state why the applicant
believes the proposed approach will provide satisfactory health
protection for occupants and at the same time, provide cost savings or
other benefits.
(4) Grantees shall be required to meet the post-hazard control
wipe-test clearance thresholds contained in the HUD Guidelines (See
Appendix A of this NOFA). Wipe tests shall be conducted by a certified
inspector who is independent of the lead hazard control contractor.
Dust-wipe samples must be analyzed by an accredited laboratory (see
Definitions). Units shall not be reoccupied until clearance levels are
achieved.
Section 4. Grant Application Process for Category A
Section 4.1 Submitting Applications for Grants
To be considered for Category A funding, an original and two copies
of the application must be physically
[[Page 24415]]
received in the Office of Lead-Based Paint Abatement and Poisoning
Prevention (OLBPAPP), Department of Housing and Urban Development, Room
B-133, 451 Seventh Street SW., Washington, D.C. 20410, no later than
3:00 P.M. (Eastern Time) on July 30, 1996. Electronic (FAX or
equivalent) transmittal of the application is not an acceptable
transmittal mode.
Separate proposals may be submitted by a jurisdiction for each
category of assistance.
For Category A, the application must have clearly numbered pages, a
complete table of contents and appendices. The applicant narrative
response to the Rating Factors is limited to a maximum of 25 pages.
Responses must be typewritten on one (1) side only on 8\1/2\'' x 11''
paper using a 12-point font.
The above-stated application deadline is firm as to date and hour.
In the interest of fairness to all competing applicants, the Department
will treat as ineligible for consideration any application that is
received after the deadline. Applicants should take this factor into
account and make early submission of their materials to avoid any risk
of loss of eligibility brought about by unanticipated delays, equipment
breakdown, or delivery-related problems.
HUD will review each application to determine whether it meets all
of the threshold criteria established for Category A under Section 4.2
of this NOFA. Nonresponsive applications will be declared ineligible
for further consideration. Applications that meet all of the threshold
criteria will be eligible to be scored and ranked, based on the total
number of points allocated for each of the rating factors for Category
A in Section 4.3 of this NOFA.
HUD intends to fund the highest ranked applications within the
limits of funding availability, but reserves the right to advance other
eligible applicants in funding rank, if necessary, to assure geographic
diversity, to promote the purposes of Title X, to broaden the range of
hazard control alternatives to be tested, or to enhance data
reliability.
Section 4.2 Threshold Requirements for Category A Grants
(a) Purpose. The application must be for funds to identify and
control lead hazards in eligible housing (see Appendix D of this NOFA
for program-by-program listing of eligible HUD-associated housing
programs).
(b) Eligible Applicants. An applicant must be a State or unit of
local government that has a currently approved Comprehensive Housing
Affordability Strategy (CHAS) or a currently approved Consolidated
Plan. Applicants under this NOFA are permitted to submit documentation
that HUD approved their current program year CHAS or Consolidated Plan.
Applicants are to submit, as an appendix, a copy of the lead-based
paint element included in the approved CHAS or Consolidated Plan.
Applicants that do not have a currently approved CHAS or Consolidated
Plan, but are otherwise eligible for this grant program, must include
their abbreviated Consolidated Plan which includes a lead-based paint
hazard control strategy developed and submitted in accordance with 24
CFR 91.235.
(c) Matching Contribution. Each applicant shall provide a matching
contribution of at least 10 percent of the requested grant sum. This
may be in the form of a cash or in-kind contribution or a combination
of both.
(d) Contractor Certification Program Requirement. Each applicant
must carry out its hazard control program under an operational State
program that is at least as protective as the training and
certification program requirements cited in Appendix E of this NOFA.
Applicants should indicate which of the following situations, (1) or
(2) applies with respect to contractor certification.
(1) A State applicant shall furnish copies of the existing
statutes, regulations or other appropriate documentation regarding the
State's Lead-Based Paint Contractor Certification and Accreditation
Program which meet the standards set forth in (d) above.
(2) Other applicants may be approved for a conditional grant with
funding subject to the following provisions:
(A) A State applicant which has existing legislation acceptable to
HUD, but which has not implemented an acceptable lead-based paint
contractor certification program, shall furnish at the time of the
application, written assurances from the Governor that an acceptable
certification program will be implemented within 1 year from the date
of the application deadline date and that the designated agency
implementing the certification program shall offer training sessions
leading to certification within six (6) months of the effective date of
implementing regulations. If legislative approval of proposed
regulations is also required, a similar written assurance must be
provided by the chairs of committees having jurisdiction.
With the exception of costs incurred for planning purposes, HUD
will not release any funds for the lead hazard control phase of the
grant program until the State has implemented an acceptable lead-based
paint contractor certification and accreditation program and has
submitted and secured HUD approval of the grantee Request for Release
of Funds (HUD Form 7015.15) which certifies that the grantee has
fulfilled the environmental review requirements of the grant.
(B) Local government applicants in States which have not
implemented an acceptable contractor certification program must provide
assurances that only certified contractors and trained workers from
other State certification programs acceptable to HUD will be used in
conducting lead hazard control work.
Applicants are advised that if the commitment to implement a
certification/training program or use certified contractors is not
fulfilled within the stated time, the conditional grant agreement may
be immediately terminated.
(e) Continued Availability of Lead Safe Housing to Low-Income
Families. Units in which lead hazards have been controlled under this
program shall be occupied by and/or continue to be available to low-
income residents as required by the statute (see Appendix C of this
NOFA). Grantees are encouraged to maintain a listing of units in which
lead hazards have been controlled for distribution and marketing to
agencies and families as suitable housing for children under six.
(f) Cooperation With Related Research and Evaluation. Applicants
shall cooperate fully with any research or evaluation sponsored by HUD
and associated with this grant program, including preservation of the
data and records of the project and compiling requested information in
formats provided by the researchers, evaluators or HUD. This
cooperation may also include the compiling of certain relevant local
demographic, dwelling unit, and participant data not contemplated in
the applicant's original proposal. Participant data shall be subject to
Privacy Act protection. For estimating purposes, an applicant shall
devote three percent of the total grant sum for data collection and
evaluation purposes, as discussed in Section 3.4, Eligibility, of this
NOFA.
Section 4.3 Rating Factors
HUD will use the following technical and financial criteria to rate
and rank applications received in response to Category A of this NOFA.
The Request for Grant Applications (RFGA) will provide guidance in
responding to all the Rating Factors. The technical quality
[[Page 24416]]
of an application will be rated, and then the strength, quality, and
completeness of the financial and resources plan will be used to assess
the likelihood that the technical plan can be carried out using the
available resources. The maximum score possible under the rating
factors is 100 points.
Applicants are advised, however, that in selecting grantees under
this NOFA, the Secretary or his designee is unlikely to select
applicants who were previously funded under the FY 1994 NOFA (Round
Three), issued April 21, 1994 (59 FR 19080). A maximum of 20 percent of
the funds under Category A of this NOFA shall be available to previous
Lead-Based Paint Hazard Control grantees. This selection prerogative
will be exercised under the Secretary's authority to ensure that
available funds are used effectively and to promote the purposes of
Title X. See section 1011(d)(5) of Title X (42 U.S.C. 4852(d)(5)).
(a) Need. (10 Points)-- The scope and magnitude of the applicant's
current lead-based paint problem for which grant program funds can be
expected to have an impact. The applicant should document its unmet
need for assistance. Examples should be the number and proportion of
children with elevated blood lead levels; the number and proportion of
housing units with deteriorating interior or exterior lead-based paint,
lead-contaminated dust or bare lead-contaminated soil. The applicant
should include:
(1) A description of the applicant's current level of effort to
deal with lead hazards in housing and lead-related health problems; and
(2) Provide and/or summarize any available data from these previous
efforts.
It is desirable to include:
(1) The age and condition of housing;
(2) The number and percentage of low income families whose incomes
do not exceed 80 percent of the median income for the area as
determined by HUD, with adjustments for smaller and larger families;
(3) The number and proportion of children at risk of lead
poisoning; and
(4) Other socioeconomic or environmental factors that document a
need to establish or continue lead hazard control work in the
applicant's jurisdiction.
(These data may be available in the applicant jurisdiction's
currently approved CHAS or Consolidated Plan, or derived from 1990
Census Data)
(b) Work Plan and Budget (50 points)--The quality and cost-
effectiveness of the applicant's proposed lead-based paint hazard
control program. The work plan and budget should include the following
elements:
(1) Program Management (10 points)--A description of the way in
which the project will be carried out during the period of performance
(up to 36 months), including the participation of sub-grantees,
contractors, sub-recipients, and others assisting in implementing the
project. Specific, time phased and measurable objectives should be
identified and described for carrying out the program plan.
(2) Lead Hazard Control Strategy (35 Points)--
The total number of owner occupied and rental units in
which lead hazard control interventions will be undertaken.
The degree to which the work plan focuses on eligible
housing units with children under the age of 6 years. Description of
the planned approach to control lead hazards before children are
poisoned and/or to control lead hazards in units where children have
already been identified with an elevated blood lead level, including
the referral of children with elevated blood lead levels for medical
case management.
The degree to which lead hazard control work will be done
in conjunction with other housing rehabilitation, weatherization, code
violation or other work.
The process for the selection, prioritization, risk
assessment and/or inspection, and enrollment of units of eligible
housing in which lead hazard control will be undertaken. (Housing
having a risk assessment or inspection performed in accordance with the
HUD Guidelines within 12 months of a grant award and identified with
lead-based paint may be included in the already inspected inventory.)
The testing methods, schedule, and costs for performing
blood lead testing, risk assessments and/or inspections. (Identify the
lead-based paint threshold for undertaking lead hazard control--e.g.
0.5 percent, 1.0 mg/cm2 or other threshold established by statute,
regulation or local ordinance.)
The lead hazard control methods to be undertaken and the
number of units for each method (Interim Controls, hazard abatement,
and complete abatement). Provide an estimate of the per unit costs for
lead hazard control and the time frames to initiate and complete lead
hazard control work in units selected. Efforts to incorporate cost-
effective recommendations of the HUD Task Force Report: Putting the
Pieces Together: Controlling Lead Hazards in the Nation's Housing (see
Appendix A of this NOFA) should be included.
A description of the financing mechanism to be employed in
carrying out lead hazard control activities and the way in which these
funds will be administered (e.g. use of grants, deferred loans,
forgivable loans, other resources, private sector financing, etc.).
The applicant's plan for temporary relocation of occupants
of units selected for lead hazard control work. (Use of safe houses and
other housing arrangements, storage of household goods, stipends,
incentives, etc.)
Proposed community awareness, education and outreach
programs in support of the applicant's work plan and objectives.
General and/or targeted efforts undertaken to assist the program in
reducing lead poisoning. To the extent possible, programs should be
culturally sensitive, developmentally appropriate, and linguistically
specific.
(3) Program Evaluation and Data Collection (5 points)--The
applicant must identify the specific methods to be used to measure
progress and evaluate the program's effectiveness. The applicant should
describe how the information will be obtained, documented and reported.
(4) Budget (Not Scored)--The applicant's proposed budget (for the
maximum 36-month period of performance) will be evaluated for the
extent to which it is reasonable, clearly justified, and consistent
with the intended use of grant funds. HUD is not required to approve or
fund all proposed activities. Applicants may devote up to 24 months for
the planning and completion of lead hazard control activities and up to
an additional 12 months for post-hazard control testing.
All budget categories and costs (Part B of Standard Form
424A) and major tasks should be thoroughly documented and justified.
Describe in detail the budgeted costs for each program element included
in the overall plan (administrative costs, program management, lead
hazard control strategy, community awareness, education and outreach,
and program evaluation and data collection).
(c) Community and Private Sector Participation (20 points)--The
extent to which the applicant has enlisted the broad participation of
neighborhood, community, governmental and nongovernmental organizations
and the private sector in the hazard control program through specific
commitments of time, effort, and resources. In implementing a lead-
based paint hazard control program, substantial efforts must be made to
collaborate and coordinate activities with other housing, health and
environmental agencies and organizations in the applicant's
[[Page 24417]]
jurisdiction. Efforts to promote the formation of broad-based lead task
forces, to expand public and private cooperation and coordination in
the provision of lead hazard control program services, and to address
environmental justice issues should be described. (10 points)
To the greatest extent feasible, the applicant should promote job
training, employment, and other economic lift opportunities for target
area low-income residents and businesses in the hazard control program.
(10 points)
Evidence of commitments should include organization names, their
proposed levels of effort, resources and responsibilities of these
participants, including clearly proposed plans for the employment of
low-income residents. The absence of commitments, memoranda of
understanding or agreements, and letters of participation or discussion
of levels of effort and responsibility will result in a reduced rating
under this factor.
(d) Applicant Capacity and Commitment to Hazard Control (15
points)--The capacity of the applicant to initiate and carry out the
lead-based paint testing and hazard-control program successfully within
the period of performance established.
Describe the applicant's administrative organization,
including staff who will be responsible for carrying out the
responsibilities of the program. (As an appendix, the applicant should
include a clearly identified organizational chart, as well as resumes,
position descriptions, and vacancy announcements, including salaries of
key personnel identified to carry out the requirements of this grant
program.) Indicate for key personnel, the percentage of time to be
devoted to the project and any portion of salary to be paid by the
grant. A full-time day-to-day program manager is recommended. Describe
how other principal components of the applicant agency or other
organizations will participate in or otherwise support the grant
program. (5 points)
Describe the knowledge and experience of the overall
proposed project director and day-to-day program manager in planning
and managing large and complex interdisciplinary programs, especially
involving housing rehabilitation, public health, or environmental
programs. The percentage of time devoted to the project as well as the
knowledge and experience of the project director and day-to-day program
manager are significant factors to be considered. (5 points)
The institutional capacity of the applicant, as
demonstrated by prior experience in initiating and implementing lead
hazard control efforts and/or related environmental, health, or housing
projects should be thoroughly described. The applicant should indicate
how this prior experience will be used in carrying out its planned
comprehensive Lead-Based Paint Hazard Control Grant Program. (2 points)
At a minimum, the applicant shall provide a matching
contribution of at least 10 percent of the requested grant sum. That
contribution may be in cash, in-kind or a combination of both. In-kind
contributions shall be given a monetary value. Community Development
Block Grant funds are the only Federal funds which may be considered
part of the 10 percent matching contribution and only when they are
specifically dedicated as an integral part of the project (e.g., CDBG
rehabilitation funds used in conjunction with lead hazard control work
in units). Other resources committed to the program that exceed the
minimum required 10 percent match will provide points for this rating
factor. Each source of contributions, cash or in-kind, both for the
required minimum and additional amounts, shall be supported by a letter
of commitment from the contributing entity, whether a public or private
source, which shall describe the contributed resources that will be
used in the program. Staff in-kind contributions should be given a
monetary value as discussed above. The absence of letters providing
specific details and amount of the actual contributions will result in
those contributions not being counted. (3 points)
(e) Lead-Hazard Control Integration (5 Points)--A description and/
or specific plan of how the applicant will integrate lead hazard
control activities with other housing, health, and environmental
programs beyond the duration of the grant shall be included in the
application. The applicant plans may include:
(1) Adopting cost-effective recommendations contained in the HUD
Task Force Report: Putting the Pieces Together: Controlling Lead
Hazards in the Nation's Housing;
(2) Incorporating lead hazard control with other housing
rehabilitation, code violation or other work; and
(3) Other efforts designed to address lead hazards in the
community, including identifying other local, State, and private
sources of support for conducting lead hazard control work.
Section 5. Checklist of Application Submission Requirements--Category A
Section 5.1 Applicant Data
Applicants must complete and submit applications in accordance with
the format and instructions contained in the application kit. The
following is a checklist of the application contents that will be
specified in the application kit:
(a) The name, mailing address, telephone number, and principal
contact person of the applicant. If the applicant has consortium
associates, subgrantees, partners, major subcontractors, joint venture
participants, or others contributing resources to the project, similar
information shall also be provided for each of them.
(b) For State applicants, copies of existing statutes, regulations
or other appropriate documentation regarding the State's Lead-Based
Paint Contractor Certification and Accreditation Program. A State
applicant which has existing legislation acceptable to HUD, but which
has not implemented an acceptable lead-based paint contractor
certification program, shall furnish assurances from the Governor that
an acceptable certification program will be implemented within 1 year
from the date of the application deadline date and that the designated
agency implementing the certification program shall offer training
sessions leading to certification within 6 months of the effective date
of implementing regulations. If legislative approval of proposed
regulations is also required, a similar assurance must be provided by
the chairs of committees having jurisdiction. Local government
applicants in States which have not implemented an acceptable
contractor certification program must provide assurances that only
certified contractors and trained workers from State certification
programs acceptable to HUD will be used in conducting lead hazard
control work. (See Section 4.2(d) of this NOFA regarding this
requirement).
(c) Evidence of the applicant's commitment to eliminating or
reducing significant lead-based paint hazards in privately-owned
eligible housing as detailed in the applicant's work plan for lead-
based paint hazard control (See Rating Factor, Work Plan and Budget, in
Section 4.3 of this NOFA).
(d) A detailed description of the funding mechanism, selection
process, and other proposed activities that the applicant plans to use
to assist any sub-grantees or sub-recipients under this grant.
[[Page 24418]]
(e) A detailed total budget with supporting cost justification for
all budget categories of the Federal grant request. There shall be a
separate estimate for the overall grant management element,
``Administrative Costs,'' which are more fully defined in Appendix B of
this NOFA. The budget shall include not more than 10 percent for
administrative costs and not less than 90 percent for direct project
elements (See Section 3.4(c) Eligible Activities of this NOFA).
(f) Certification assuring that the applicant will conduct lead
hazard control activities safely and effectively.
(g) An itemized breakout of the applicant's required matching
contribution, including values placed on donated in-kind services;
letters or other evidence of commitment from donors; and the amounts
and sources of contributed resources.
(h) Memoranda of Understanding or Agreement, letters of commitment
or other documentation describing the proposed roles of agencies, local
broad-based task forces, participating community or neighborhood-based
groups or organizations, local businesses, and others working with the
program.
(i) Completed Forms HUD-2880, Applicant/Recipient Disclosure/Update
Report, and SF-LLL, Disclosure of Lobbying Activities, where applicable
(See Section 10. Other Matters in this NOFA).
(j) Standard Forms SF-424, 424A, 424B, and other certifications and
assurances listed in section 5.3 of this NOFA.
(k) A copy of the applicant's approval notification for the current
program year for its Comprehensive Housing Affordability Strategy
(CHAS) or Consolidated Plan. A copy of the applicant's lead hazard
control element included in the current program year CHAS or
Consolidated Plan.
Section 5.2 Proposed Activities
(a) Affected housing and population to be served. The applicant
shall describe the size and general characteristics of the target
housing within its jurisdiction, including a description of the
housing's location, condition, and occupants, and a current estimate of
the number of children under the age of six in these units. Other
characteristics described in Section 4.3 Rating Factor (a)--``Need''
should be provided. If specific area(s) (neighborhoods, census tracts,
etc.) within an applicant's jurisdiction are specifically targeted for
lead hazard control activities, the applicant shall describe these same
characteristics for the area. Maps may be included as an appendix. To
the extent practical, preference shall be given to occupied eligible
housing units with children under the age of 6. Vacant housing that
subsequently will be occupied by low-income renters or owners should
also be included in this description. In addition, as a measure of its
ongoing commitment to lead-based paint programs, the applicant shall
provide information on the magnitude and extent of the childhood lead
poisoning problem within its jurisdiction and for any area(s) to be
included in the lead hazard control program. Current efforts undertaken
to provide health care services for children with elevated blood lead
levels and efforts to address lead-based paint hazards shall be
described.
(b) Discussion of program activities. (See Section 4.3 Rating
Factors) The applicant shall provide a discussion of the overall
proposed hazard control program, including, but not limited to,
information on the following:
Needs Assessment
Program Work Plan and Budget to include:
--Program Management;
--Lead Hazard Control Strategy:
--Number of eligible housing units, hazard control methods, blood lead
and environmental testing methods, costs, financing mechanisms,
relocation plans, and community awareness and education;
Program Evaluation and Data Collection;
Budget Request;
Community and Private Sector Participation;
Ability to Implement the Lead Hazard Control Grant
Program; and
Future Integration and Coordination of Lead Hazard Control
Activities With Other Programs.
Section 5.3 Certifications and Assurances
The following certifications and assurances are to be included in
all Category A applications:
(a) Compliance with environmental laws and authorities (24 CFR Part
58).
(b) Compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970. (Implementing Regulations at
49 CFR Part 24; and HUD Handbook 1378, Tenant Assistance, Relocation
and Real Property Acquisition.)
(c) Compliance with Federal civil rights laws and requirements.
(d) Compliance with the requirements of the Fair Housing Act (42
U.S.C. 3601-19); Executive Order 11063; Title VI of the Civil Rights
Act of 1964, pertaining to equal opportunity and nondiscrimination in
housing).
(e) Compliance with the Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973.
(f) Compliance with Section 3 of the Housing and Urban Development
Act of 1968. (Implementing regulations at 24 CFR Part 135.)
(g) Assurance that financial management system meets the standards
for fund control and accountability (24 CFR 85.20).
(h) Assurance that pre-hazard control, clearance, and 12 month
post-hazard control testing will be conducted by certified performers.
(i) Assurance, to the extent possible, that blood lead testing,
blood lead level test results, and medical referral and followup are
conducted for children under six years of age occupying affected units
according to the recommendations of the Centers for Disease Control and
Prevention (CDC). (See Appendix A of this NOFA-Preventing Lead
Poisoning in Young Children, October, 1991.)
(j) Assurance that Lead-Based Paint Hazard Control Grant Program
funds will not replace existing resources dedicated to any ongoing
project.
(k) The application shall contain any other assurances that HUD
includes in the application kit under this NOFA, including
certification of compliance with the Drug-Free Workplace Act of 1988 in
accordance with the requirements set forth at 24 CFR part 24, subpart
F.
Section 6. Application Process for Category B
Section 6 Purpose and Description
Section 6.1 Purpose and Authority
Category B provides funds for two Federal government agencies to
work cooperatively to reduce lead hazards to children. This category
provides funds to control lead-based paint hazards at Superfund sites
where Superfund dollars will be spent to control lead in soil hazards
and HUD dollars will be spent to control lead-based paint hazards in
residences.
Approximately 4 million dollars will be available in awards ranging
from five-hundred thousand dollars ($500 thousand) to 2 million dollars
($2 million) available to each grantee. The amounts are for the total,
multiyear work of a proposed project. Grants are authorized under
section 1011(a)-(f) of Title X.
The purposes of this program include:
(a) To demonstrate that Potentially Responsible Parties (PRPs),
State and
[[Page 24419]]
local governments, and other affected parties such as low-income
residents can work together to maximize benefits both from Superfund
actions and other lead-based paint hazard control activities. (A
Potentially Responsible Party (PRP) is defined by Superfund as any
individual or entity including owners, operators, transporters or
generators who may be liable under section 107(a) of the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA)).
(b) To the greatest extent feasible, promoting job training,
employment, and other economic lift opportunities for low-income
residents and businesses as defined in 24 CFR 135.5 (see 59 FR 33881,
June 30, 1994, and Category A Section 3.1(d) of this NOFA).
Section 6.2 Background
This category brings together two Federal agencies, HUD and the
Environmental Protection Agency (EPA), to address housing and
environmental issues. These funds will be targeted to communities that
have, within 18 months of the application submission deadline date
undergone EPA Superfund cleanup activity. These funds will be used
primarily for interior lead-based paint hazard control. Under this
Category, HUD funds may not be used for soil cleanup.
A multiagency approach is needed to address deteriorating interior
paint, exterior paint, and contaminated soil and dust simultaneously.
HUD's lead-based paint hazard control grant program has typically been
used to control primarily lead-based paint and dust both inside and
outside homes. The HUD lead-based paint hazard control grant program
may also be used to deal with lead in soil on an optional basis as
determined by grantees. EPA Superfund normally cleans up residential
soils that are contaminated with hazardous substances from local
Superfund sites. EPA Superfund does not generally address the problem
of deteriorating interior lead-based paint because exposures from
interior paint are generally not within the jurisdiction of the
Superfund program. Exterior lead-based paint hazard control may be
considered an eligible activity by the Superfund program.
Category B targets communities with Superfund sites that may or may
not have participated in previous HUD lead-based paint hazard control
grant programs. This Category will create a means for communities with
a Superfund site(s) to address both lead-based paint inside and outside
houses as well as soil cleanup. HUD is developing a place-based
strategy that empowers local communities to combine government programs
to remedy specific problems, cutting across traditional program
boundaries. This NOFA is an example of how HUD and EPA are working
together to enable communities to determine how best to solve specific
problems in their local area.
An important product of this grant program will be to demonstrate
how to address lead-based paint abatement issues at sites with multiple
sources of lead, thereby addressing housing and environmental problems
simultaneously. HUD expects that additional experience in this area
will reduce abatement costs and offer creative strategies for overall
lead risk reduction.
Section 6.3 Allocation Amounts
(a) Amounts. Approximately $4 million will be available for the
Category B grant program from the appropriations made for the lead-
based paint hazard reduction program in the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Pub. L. 104-134, 110 Stat.
1321, approved April 26, 1996).
(b) Residual Funds. In the selection process, once available funds
have been allocated to meet the full requested amounts of the top
eligible applicants, HUD reserves the right to offer any residual
amount as partial funding to the next eligible applicant in successive
order. Any such applicant shall have not more than 7 calendar days to
accept or decline the grant. In addition, HUD reserves the right to
award only one grant, should only one applicant be able to support a
credible effort. Also, because this is the initial notice of funding
availability under this Category, it is possible that no applicant will
be able to demonstrate support of a program in which case all funds
would revert to Category A.
Section 6.4 Eligibility
Title X specifies the following eligibility requirements for grants
to identify and control lead-based paint hazards in housing:
(a) Eligible Applicants. A State or unit of local government that
has a current year approved Comprehensive Housing Affordability
Strategy (CHAS) under Section 105 (42 U.S.C. 12705) of the Cranston-
Gonzalez National Affordable Housing Act (NAHA) or a current year
approved consolidated plan is eligible to apply for a grant. Applicants
that do not have a currently approved CHAS or Consolidated Plan, but
are otherwise eligible for this grant program, must include their
abbreviated Consolidated Plan which includes a lead-based paint hazard
control strategy developed and submitted in accordance with 24 CFR
91.235.
Under Category B, all eligible applicants compete equally,
regardless of previous awards under the HUD Lead-Based Paint Hazard
Control grant program.
(b) Certified Performers--See Category A, Section 3.4(b).
(c) Eligible Activities--See Category A, Section 3.4(c).
(d) Ineligible Activities--See Category A, Section 3.4(d).
Section 6.5 Limitations on the Use of Assistance
See Category A, Section 3.5.
Section 6.6 Environmental Review
See Category A, Section 3.6.
Section 6.7 Objectives and Requirements
See Category A, Section 3.7.
Section 7 Grant Application Process
Section 7.1 Submitting Applications for Grants
See Category A, Section 4.1.
(There are no page restrictions or format requirements for Category
B applications.)
Section 7.2 Threshold Requirements for Category B
(a) Purpose. The application must be for funds to identify and
control lead hazards in housing at Superfund sites where lead has been
identified as a major contaminant. (See Appendix D of this NOFA for
program-by-program listing of eligible HUD-associated housing
programs.)
See Category A (Section 4.2(b)-(f) for eligible applicants,
matching contribution, contractor certification program requirement,
and other threshold requirements.
(b) Status of Superfund remediation. Jurisdictions are eligible
only if remediation activity was completed within 18 months of the
application submission deadline date, or the jurisdiction has a Record
of Decision with a completion date for the remediation work of no more
than three years from the date of application submission deadline date,
or the site is undergoing remedial action or will undergo removal
action within 18 months after the application submission deadline date.
Section 7.3 Rating Factors
HUD will use the following technical and financial criteria to rate
and rank applications received in response to this
[[Page 24420]]
NOFA. The Request for Grant Application (RFGA) kit will provide
guidance in responding to all the Rating Factors. The technical quality
of an application will be rated, and then the strength, quality, and
completeness of the financial and resources plan will be used to assess
the likelihood that the technical plan can be carried out using the
available resources.
While HUD is very interested in applicants who have managed to
involve PRPs, HUD explicitly recognizes that there are a number of
sites where there is no PRP and it is unlikely one will ever be found.
These sites often have environmental justice issues which reflect the
cumulative effects from multiple sources of lead exposure. Under this
Category, HUD seeks a balance between those sites who have active and
willing PRPs and those that have no other means to accomplish lead-
based paint hazard control. HUD believes that the best way to achieve
this balance is to recognize PRP involvement and provide points for
this involvement in one of the factors. PRP involvement is not a
prerequisite threshold requirement for eligibility or selection of an
award.
The maximum score possible under the rating factors is 100 points.
(a) Coordination (35 points).
(1) Describe the history of the working relationship of the
applicant, EPA Superfund authorities, the residents, and each
Potentially Responsible Party (PRP), if any. Describe Superfund's site-
specific community relations plan including public meetings and other
outreach activities that present a complete picture of the community's
involvement in site cleanup and any likely issues that may be
encountered during site remediation. (25 points)
(2) Discuss the financial, technical, and other resources
contributed by the PRP. (10 points)
(b) Activities (25 points).
(1) Describe the extent of the remediation work on the soil;
provide a comprehensive picture of cleanup activities, both planned and
undertaken, including any relevant site information that demonstrates
the applicant's need, and describe how coordinated efforts of the
applicant, PRPs, residents, and Superfund activities will reduce
overall lead risk. (15 points)
(2) Describe which non-HUD funding sources have been secured to
abate exterior lead-based paint hazards. (10 points)
(c) Strategy (20 points).
(1) Discuss the quality and cost-effectiveness of the proposed
lead-based paint hazard control strategy, especially as it relates to
Superfund cleanup activities, HUD lead-based paint hazard control, and
how they fit into an overall environmental lead risk reduction
scenario. The overall plan must include: the selection of sub-grantees
and other sub-recipients to assist in implementing the project; the
total number of units to be tested and treated and the rationale for
this total; the abatement/hazard control methods and levels of
treatment proposed, and number of units by type of treatment; the
amount of prior hazard control experience; financing mechanisms for
hazard control activities and the process for recruiting property
owners; temporary relocation plans, if needed; and the degree to which
the strategy focuses on households in eligible housing with children
under the age of 6 years; (8 points)
(2) The level of coordination between the applicant, HUD, and the
Superfund program; the experience of the applicant with environmental
issues; the experience of the applicant with environmental justice
issues; the experience of the applicant in dealing with the private
sector, especially with PRPs; (7 points)
(3) A program for education and outreach to the people residing on
the Superfund site on the hazards of lead in paint, soil, and dust,
including blood lead screening of young children and, if necessary,
referral for medical treatment. Include roles and responsibilities and
approaches undertaken by the groups and organizations involved in both
education and outreach, and blood lead testing and medical follow-up.
(5 points)
(d) Management and Budget Plan. (20 points)
The Management and Budget Plan shall include:
(1) A narrative describing how the process and tasks of the grant
program will be coordinated and managed by the personnel discussed in
the strategy rating factor. Provide a brief narrative for each major
budget subtask and justification for each functional cost element,
explaining its planned use. (8 points)
(2) A budget proposal for each major cost element of the HUD grant,
a task by task spreadsheet for the HUD grant and Part B of Standard
Form 424A, for the match and other resources contributed by the
applicant and the budget for the Superfund part of the project.
Describe specifically how Superfund dollars and HUD dollars will be
allocated and tracked and whether or not Superfund dollars will be used
to control exterior lead-based paint hazards as part of the soil
remediation plan. (8 points)
(3) At a minimum, the applicant shall provide a 10 percent matching
contribution of the requested grant sum. Points for this factor will be
awarded only for the amount of the net contributions that exceed the 10
percent statutory minimum. Contributions may be cash or in-kind, or a
combination of both. In-kind contributions must be given a monetary
value. PRPs may contribute cash to meet this 10 percent matching
contribution requirement. Community Development Block Grant funds are
the only Federal funds which may be considered part of the 10 percent
matching contribution, when they are specifically dedicated to this
project. Additional resources committed to the program that exceed the
minimum required 10 percent match will provide points for this rating
factor. Each source of contributions, cash or in-kind, both for the
required minimum and additional amounts, shall be made in a letter of
commitment from the contributing entity, whether a public or private
source, and shall describe the contributed resources that will be used
in the program. The absence of letters providing specific details and
amount of the actual contributions will result in that contribution not
being counted. (4 points)
Section 7.4 Checklist of Application Submission Requirements
7.4.1 Applicant Data
See Category A, Section 5.1(a)-(k).
7.4.2 Proposed Activities
See Category A, Section 5.2(a)-(d).
7.4.3 Certifications and Assurances
See Category A, Section 5.3(a)-(k).
Section 8. Corrections to Deficient Applications
Shortly after the expiration of the NOFA submission deadline date,
HUD will notify applicants in writing of any minor deficiencies in the
applications that are not of a substantive nature, such as an omitted
certification or illegible signature. The applicant shall submit
corrections, which must be received at the Office of Lead-Based Paint
Abatement and Poisoning Prevention within 21 calendar days from the
date of HUD's letter notifying the applicant of any minor deficiencies.
Electronic or FAX transmittal is not an acceptable transmittal mode.
Corrections to minor deficiencies will be accepted within the 21-day
time limit. Applicants that do not make timely response to requests for
deficiency corrections shall be removed from further consideration for
an award.
Applicants shall only be permitted to correct those deficiencies
determined by
[[Page 24421]]
HUD to be minor. Deficiencies determined by HUD to be substantive may
not be corrected.
Section 9. Administrative Provisions
Section 9.1 Obligation of Funds
(a) Provision of funds. Funding shall be provided on a cost-
reimbursable basis not to exceed the amount of the grant, except as
otherwise provided in Sections 9.2 and 9.3 of this NOFA.
(b) Availability of funds. All payments will be made on a cost-
reimbursable basis, except that a one (1) percent final payment shall
be made upon completion of all tasks and delivery of an acceptable
final report.
HUD will release funds for the inspection of units and for
conducting the lead hazard control phase (interim controls, hazard
abatement, or complete abatement) of the program after the grantee has
submitted and secured HUD approval of HUD Form 7015.15 (Request for
Release of Funds) which certifies that the grantee has fulfilled the
environmental review requirements of the grant.
Section 9.2 Increases of Awards
After executing the grant agreement and initial obligation of
funds, HUD will not increase the grant sum or the total amount to be
obligated based upon the original scope of work. Amounts awarded may
only be increased as provided in Section 9.3, Deobligation, of this
NOFA.
Section 9.3 Deobligation
(a) Reasons for deobligation. HUD may deobligate amounts for the
grant if proposed activities are not initiated or completed within the
required time after the award effective date. The grant agreement will
set forth in detail other circumstances under which funds may be
deobligated and other sanctions imposed.
(b) Treatment of deobligated funds. HUD may undertake any
combination of the following actions:
(1) Readvertise the availability of funds that have been
deobligated under this section in a new NOFA;
(2) Reconsider applications that were submitted in response to the
most recently published NOFA, and select additional applications for
funding with deobligated funds. These selections will be made in
accordance with the selection process described in the applicable NOFA;
(3) Fund supplemental requests from existing grantees for the
performance of expanded scopes of work that may be of benefit to the
overall program; and
(4) For deobligated funds that total less than a minimum grant
amount ($1 million), issue a solicitation to provide technical
assistance or other program support services to Lead-Based Paint Hazard
Control grantees from previous rounds.
Section 9.4 Reports
The grantee shall submit the following types of reports:
(a) Progress Reports. The grantee shall submit quarterly progress
reports in accordance with HUD requirements. These progress reports
shall include expenditure reports and a narrative describing important
events, milestones, work plan progress, and problems encountered during
the period covered.
(b) Final Report. The grantee shall submit a final report in
accordance with the procedures of HUD's Management Reporting System.
The report shall summarize the applicant's plans, execution of the
plans, achievements noted, and lessons learned. The report need not be
lengthy, but should be of a quality and detail to provide a free-
standing description to any outside reader of all of the applicant's
work and achievements under the grant.
Section 10. Other Matters
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations in 24 CFR part 50,
which implements Section 102(2)(C) of the National Environmental Policy
Act of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is
available for public inspection during regular business hours in the
Office of the General Counsel, Rules Docket Clerk, Department of
Housing and Urban Development, 451 Seventh Street, S.W., Room 10276,
Washington, D.C. 20410.
Federalism Executive Order
The General Counsel, as the Designated Official under section 8(a)
of Executive Order 12612, Federalism, has determined that the policies
and procedures contained in this NOFA will not have substantial direct
effects on States or their political subdivisions, or the relationship
between the federal government and the States, or the distribution of
power and responsibilities among the various levels of government.
Under this NOFA, grants will be made for the control of lead-based
paint and lead-dust hazards in low-income owner-occupied units and
privately owned low-income rental units. Although the Department
encourages States and local governments to initiate or expand lead-
based paint certification, testing, abatement, and financing programs,
any action by a State or local government in these areas is voluntary.
Because action is not mandatory, the NOFA does not impinge upon the
relationships between the Federal government and State and local
governments, and the notice is not subject to review under the Order.
Family Executive Order
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this document will likely
have a beneficial impact on family formation, maintenance and general
well-being. This NOFA, insofar as it funds repairs to privately owned
housing, will assist in preserving decent housing stock for low-income
resident families. Accordingly, since the impact on the family is
beneficial, no further review is considered necessary.
Section 102 of the HUD Reform Act--Documentation and Public Access
Requirements--Applicant/Recipient Disclosures:
Documentation and public access requirements. HUD will ensure that
documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a five-year period beginning not less than 30 days after the award
of the assistance. Material will be made available in accordance with
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice published in
the Federal Register on January 16, 1992 (57 FR 1942), for further
information on these documentation and public access requirements.)
Disclosures. HUD will make available to the public for five years
all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. (See 24 CFR part 12, Subpart C, and the
notice published in
[[Page 24422]]
the Federal Register on January 16, 1992 (57 FR 1942), for further
information on these disclosure requirements.)
Prohibition Against Lobbying Activities
Applicants for funding under this NOFA are subject to the
provisions of Section 319 of the Department of Interior and Related
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. Section 1352
(the Byrd Amendment) and to the provisions of the Lobbying Disclosure
Act of 1995, P.L. 104-65 (December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
Part 87, prohibits applicants for and recipients and sub-recipients of
Federal contracts, grants, loans, cooperative agreements, and loan
insurance or guarantees from using appropriated funds to attempt to
influence Federal Executive or Legislative officers or employees in
connection with obtaining such assistance, or with its extension,
continuation, renewal, amendment or modification. In addition,
applicants for and recipients and sub-recipients or Federal contracts,
grants, loans, cooperative agreements, and loan insurance or guarantees
above certain monetary amounts must file either a certification stating
that they have not made and will not make any prohibited payments or a
statement disclosing any prohibited payments or agreements to make such
payments.
The Lobbying Disclosure Act of 1995, Pub. L. 104-65 (approved
December 19, 1995), which repealed Section 112 of the HUD Reform Act
and resulted in the elimination of the regulations at 24 CFR Part 86,
requires all persons and entities who lobby covered Executive or
Legislative Branch officials to register with the Secretary of the
Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities.
Procurement Standards
All grantees are governed by and should consult 24 CFR parts 85.36
and 85.37, which implement OMB Circular A-102 and detail the procedures
for subcontracts and sub-grants by States and local governments. Under
Sec. 85.36, which pertains to subcontracts, small purchase procedures
can be used for contracts up to $100,000, and require price or rate
quotations from several sources (three is acceptable); above that
threshold, more formal procedures are required (note that Sec. 85.36
treats States differently than local governments). Section 85.37
procedures apply to sub-grants, and are not as restrictive. If States
have more restrictive standards for contracts and grants, the State
standards can be applied. All grantees should consult and become
familiar with Secs. 85.36 and 85.37 before issuing subcontracts or sub-
grants.
Davis-Bacon Act
The Davis-Bacon Act does not apply to this program. However, if
grant funds are used in conjunction with other Federal programs in
which Davis-Bacon prevailing wage rates apply, then Davis-Bacon
provisions would apply to the extent required under the other Federal
programs.
Prohibition Against Advance Information on Funding Decisions--Section
103 of the Reform Act
HUD's regulation implementing Section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a)
(Reform Act), codified as 24 CFR part 4, applies to the funding
competition announced today. The requirements of the rule continue to
apply until the announcement of the selection of successful applicants.
HUD employees involved in the review of applications and in making
of funding decisions are restrained by part 4 from providing advance
information to any person (other than an authorized employee of HUD)
concerning funding decisions, or from otherwise giving any applicant an
unfair competitive advantage. Persons who apply for assistance in this
competition should confine their inquiries to the subject areas
permitted under 24 CFR part 4.
Applicants or employees who have ethics-related questions should
contact the HUD Office of Ethics (202) 708-3815 (this is not a toll-
free number). Any HUD employee who has specific program questions, such
as whether particular subject matter can be discussed with persons
outside the Department, should contact the appropriate Field Office
Counsel or Headquarters Counsel for the program to which the question
pertains.
Authority: 42 U.S.C. 4821-4846; 42 U.S.C. 3535(d).
Dated: April 15, 1996.
Ronald J. Morony
Deputy Director, Office of Lead-Based Paint Abatement and Poisoning
Prevention.
Appendix A--Relevant Federal Regulations and Guidelines
To Secure Any Of The Documents Listed, Call The Listed Telephone
Number (generally not toll-free).
Regulations
1. Worker Protection: OSHA publication--Telephone: 202-219-4667
OSHA Regulations (available for a charge)--Government Printing
Office--Telephone: 202-512-1800
--General Industry Lead Standard, 29 CFR 1910.1025; (Document Number
869022001124)
--Lead Exposure in Construction, 29 CFR 1926.62, and appendices A, B,
C, and D; published 58 FR 26590 (May 4, 1993). (Document Number
869022001141)
2. Waste Disposal: 40 CFR parts 260-268 (EPA regulations)--
Telephone 1-800-424-9346.
3. Lead; Requirements for Lead-Based Paint Activities; Proposed
Rule: 40 CFR Part 745 (EPA) (State Certification and Accreditation
Program for those engaged in lead-based paint activities)--Telephone:
202-554-1404 (Toxic Substances Control Act Hotline)
Guidelines
1. Lead-Based Paint: Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing; HUD, June 1995 (available for a
charge)--Telephone: 800-245-2691:
Post-Lead Hazard Control Clearance, No More Than:
100 Micrograms/Sq.Ft. (Bare and Carpeted Floors)
500 Micrograms/Sq.Ft. (Window Sills)
800 Micrograms/Sq.Ft. (Window Troughs (Wells), exterior concrete and
other rough surfaces)
2. HUD Handbook 1378, Tenant Assistance, Relocation and Real
Property Acquisition; Telephone: 202-708-0336.
3. Preventing Lead Poisoning In Young Children; Centers for Disease
Control, October 1991: Telephone: 770-488-7330.
Reports
1. Putting the Pieces Together: Controlling Lead Hazards in the
Nation's Housing, HUD, (Summary and Full Report), July 1995, (available
for a charge)--Telephone 800-245-2691:
2. Comprehensive and Workable Plan for the Abatement of Lead-Based
Paint in Privately Owned Housing: Report to Congress (HUD, December 7,
1990) (available for a charge)--Telephone 800-245-2691.
[[Page 24423]]
CDC Classes of Blood Lead Levels in Children
------------------------------------------------------------------------
Concentration
Class (q/ Comment
dL)
------------------------------------------------------------------------
I.................. <9 child="" is="" not="" considered="" to="" be="" lead-="" poisoned.="" iia................="" 10-14="" large="" number="" or="" proportion="" of="" children="" with="" blood="" lead="" levels="" in="" this="" range="" should="" trigger="" community-="" wide="" childhood="" lead="" poisoning="" prevention="" activities.="" children="" in="" this="" range="" may="" need="" to="" be="" rescreened="" more="" frequently.="" iib................="" 15-19="" child="" should="" receive="" nutritional="" and="" educational="" interventions="" and="" more="" frequent="" screening.="" if="" the="" blood="" lead="" level="" persists,="" environmental="" investigation="" and="" intervention="" should="" be="" done.="" iii................="" 20-44="" child="" should="" receive="" environmental="" evaluation="" and="" remediation="" and="" a="" medical="" evaluation;="" may="" need="" pharmacologic="" treatment="" of="" lead="" poisoning.="" iv.................="" 45-69="" child="" will="" need="" both="" medical="" and="" environmental="" interventions,="" including="" chelation="" therapy.="" v..................="">70 Child is a medical emergency.
Medical and environmental
management must begin immediately.
------------------------------------------------------------------------
Appendix B--``Administrative Costs''
I. Purpose
The intent of this HUD grant program is to allow the Grantee to be
reimbursed for the reasonable direct and indirect costs, subject to a
top limit, for overall management of the grant. In most circumstances
the Grantee, whether a state or a local government, is expected to
serve principally as a conduit to pass funding to sub-grantees, which
are to be responsible for performance of the lead-hazard reduction
work. Congress set a top limit of ten (10) percent of the total grant
sum for the Grantee to perform the function of overall management of
the grant program, including passing on funding to sub-grantees. The
cost of that function, for the purpose of this grant, is defined as the
``administrative cost'' of the grant, and is limited to ten (10)
percent of the total grant amount. The balance of ninety (90) percent
or more of the total grant sum is reserved for the sub-grantee/direct-
performers of the lead-hazard reduction work.
II. Administrative Costs: What They Are Not
For the purposes of this HUD grant program for States and local
governments to provide support for the evaluation and reduction of
lead-hazards in low and moderate-income, private target housing: the
term ``administrative costs'' should not be confused with the terms
``general and administrative cost'', ``indirect costs'', ``overhead'',
and ``burden rate''. These are accounting terms, usually represented by
a government-accepted standard percentage rate. The percentage rate
allocates a fair share of an organization's costs that cannot be
attributed to a particular project or department (such as the chief
executive's salary or the costs of the organization's headquarters
building) to all projects and operating departments (such as the Fire
Department; the Police Department; the Community Development
Department, the Health Department or this program). Such allocated
costs are added to those projects' or departments' direct costs to
determine their total costs to the organization.
III. Administrative Costs: What They Are
For the purposes of this HUD grant program, ``Administrative
Costs'' are the Grantee's allowable direct costs for the overall
management of the grant program plus the allocable indirect costs. The
allowable limit of such costs that can be reimbursed under this program
is ten (10) percent of the total grant sum. Should the Grantee's actual
costs for overall management of the grant program exceed ten (10)
percent of the total grant sum, those excess costs shall be paid for by
the Grantee. However, excess costs paid for by the Grantee may be shown
as part of the requirement for cost-sharing funds to support the grant.
IV. Administrative Costs: Definition
A. General
Administrative costs, are the allowable, reasonable, and allocable
direct and indirect costs related to the overall management of the HUD
grant for lead-hazard reduction activities. Those costs shall be
segregated in a separate cost center within the Grantee's accounting
system, and they are eligible costs for reimbursement as part of the
grant, subject to the ten (10) percent limit. Such administrative costs
do not include any of the staff and overhead costs directly arising
from specific sub-grantee program activities eligible under FY 1992
NOFA Section II.e.(5) (a) and (b) (ii) through (vi), because those
costs are eligible for reimbursement under a separate cost center as a
direct part of project activities.
The Grantee may elect to serve solely as a conduit to sub-grantees,
who will in turn perform the direct program activities eligible under
NOFA Section II.E.(5) (a) and (b) (ii) through (vi), or the grantee may
elect to perform all or a part of the direct program activities in
other parts of its own organization, which shall have their own
segregated, cost centers for those direct program activities. In either
case, not more than 10 percent of the total HUD grant sum may be
devoted to administrative costs, and not less than 90% of the total
grant sum shall be devoted to direct program activities. Grantee shall
take care not to mix or attribute administrative costs to the direct
project cost centers.
B. Specific
Reasonable costs for the Grantee's overall grant management,
coordination, monitoring, and evaluation are eligible administrative
costs. Subject to the (10) percent limit, such costs include, but are
not limited to, necessary expenditures for the following, goods,
activities and services:
(1) Salaries, wages, and related costs of the Grantee's staff, the
staff of affiliated public agencies, or other staff engaged in
Grantee's overall grant management activities. In charging costs to
this category the recipient may either include the entire salary,
wages, and related costs allocable to the program for each person whose
primary responsibilities ( more than 65% of their time) with regard to
the grant program involve direct overall grant management assignments,
or the pro rata share of the salary, wages, and related costs of each
person whose job includes any overall grant management assignments. The
Grantee may use only one of these two methods during this program.
Overall grant management includes the following types of activities:
(a) Preparing grantee program budgets and schedules, and amendments
thereto;
(b) Developing systems for the selection and award of funding to
sub-grantees and other sub-recipients;
(c) Developing suitable agreements for use with sub-grantees and
other sub-recipients to carry out grant activities;
(d) Developing systems for assuring compliance with program
requirements;
[[Page 24424]]
(e) Monitoring sub-grantee and sub-recipient activities for
progress and compliance with program requirements;
(f) Preparing presentations, reports, and other documents related
to the program for submission to HUD;
(g) Evaluating program results against stated objectives; and
(h) Providing local officials and citizens with information about
the overall grant program. (However, a more general education program,
helping the public understand the nature of lead hazards, lead hazard
reduction, blood-lead screening, and the health consequences of lead
poisoning is a direct project support activity, under NOFA Section
II.E. (5) (b), and should not be attributed to administrative costs,
but to its own cost center.)
(i) Coordinating the resolution of overall grant audit and
monitoring findings;
(j) Managing or supervising persons whose responsibilities with
regard to the program include such assignments as those described in
paragraphs (a) through (i).
(2) Travel costs incurred for official business in carrying out the
overall grant management;
(3) Administrative services performed under third party contracts
or agreements, for services directly allocable to overall grant
management such as overall-grant legal services, overall-grant
accounting services, and overall-grant audit services;
(4) Other costs for goods and services required for and directly
related to the overall management of the grant program, including such
goods and services as telephone, postage, rental of equipment, renter's
insurance for the program management space, utilities, office supplies,
and rental and maintenance (but not purchase) of office space for the
program.
(5) The fair and allocable share of Grantee's general costs that
are not directly attributable to specific projects or operating
departments such as: The Mayor's and City Council's salaries and
related costs; the costs of the City's General Council's office, not
charged off to particular projects or operating departments; and the
costs of the City's Accounting Department not charged back to specific
projects or operating departments. (If Grantee has an established
burden rate it should be used; if not Grantee shall be assigned a
negotiated provisional burden rate, subject to final audit.) To repeat,
all of the above activities goods and services: 1.a-j., 2., 3., 4., and
5. are subject to the ten (10) percent limit.
Appendix C
Section 217 of Public Law 104-134 (the Omnibus Consolidated
Rescissions and Appropriations Act of 1996, 110 Stat. 1321, approved
April 26, 1996) amended Section 1011(a) of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (Title X) to read as follows:
Sec. 1011 Grants for Lead-Based Paint Hazard Reduction in Target
Housing.
(a) General Authority. The Secretary is authorized to provide
grants to eligible applicants to evaluate and reduce lead-based paint
hazards in housing that is not federally assisted housing, federally
owned housing, or public housing, in accordance with the provisions of
this section. Grants shall only be made under this section to provide
assistance for housing which meets the following criteria--
(1) for grants made to assist rental housing, at least 50 percent
of the units must be occupied by or made available to families with
incomes at or below 50 percent of the area median income level and the
remaining units shall be occupied or made available to families with
incomes at or below 80 percent of the area median income level, and in
all cases the landlord shall give priority in renting units assisted
under this section, for not less than 3 years following the completion
of lead abatement activities, to families with a child under the age of
six years, except that building with five or more units may have 20
percent of the units occupied by families with incomes above 80 percent
of area median income level:
(2) for grants made to assist housing owned by owner-occupants, all
units assisted with grants under this section shall be the principal
residence of families with income at or below 80 percent of the area
median income level, and not less than 90 percent of the units assisted
with grants under this section shall be occupied by a child under the
age of six years or shall be units where a child under the age of six
years spends a significant amount of time visiting; and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who
receive assistance under this section may use such assistance for
priority housing.
* * * * *
BILLING CODE 4210-32P
[[Page 24425]]
[GRAPHIC] [TIFF OMITTED] TN14MY96.002
BILLING CODE 4210-32-C
[[Page 24426]]
Appendix E--Elements of a State Certification Program
Congress has assigned Federal responsibility to the Environmental
Protection Agency (EPA) for the definition, implementation, and
oversight of State Certification Programs for workers, contractors, and
inspectors engaged in the detection and reduction of lead-based paint
hazards. The Department of Housing and Urban Development (HUD) has a
strong interest in the strength and rigor of the EPA program, because
HUD must rely on the effectiveness of the EPA program to assure the
safe detection and reduction of those lead-based paint hazards.
In October 1992, Congress passed the Residential Lead-Based Paint
Hazard Reduction Act (Title X of the Housing and Community Development
Act of 1992). This legislation required EPA to promulgate regulations
governing the accreditation of training programs, the certification of
contractors and the training of workers engaged in lead-based paint
activities. In addition, EPA was directed to issue work practice
standards. Under the statute, lead-based paint activities are defined
as:
(a) In the case of target housing: risk assessment, inspection, and
abatement; and
(b) In the case of any public building constructed before 1978,
commercial building, bridge, or other structure or superstructure:
identification of lead-based paint and materials containing lead-based
paint, deleading, removal of lead from bridges, and demolition.
EPA is preparing to promulgate these regulations under the
authority of Title IV of the Toxic Substances Control Act (TSCA),
Section 402 and Section 404. Section 402(a) of TSCA directs EPA to
promulgate regulations governing lead-based paint activities. Section
404(a) of TSCA requires any State that seeks to administer and enforce
the requirements established by the Agency under Section 402 of TSCA
must submit to the Administrator of EPA, in such form as the
Administrator shall require, a request for authorization of such a
program.
States will have two years after final promulgation of TSCA Section
402/404 to establish and seek authorization of the State Program. State
programs that reflect the minimum training, certification,
accreditation, and standards that currently exist in EPA's proposed
regulations are likely to be authorized by EPA. States that commit to
develop appropriate accreditation and certification programs and to
seek authorization by EPA are encouraged to enact broad enabling
legislation.
While the regulations establishing an EPA State Authorized Program
are not final, EPA can define a minimum set of basic elements that must
be contained in enabling legislation. These minimum elements are
outlined in #1 below. In addition, EPA believes that additional
elements should be included in legislation and these are identified in
#2 below.
Certification, worker training, and accreditation of training
providers are three of the basic elements that must be contained in a
State's enabling legislation. It is imperative that these three
elements be included in a State's enacted legislation prior to applying
for a HUD Lead-Based Paint Hazard Control Grant.
1. The enabling statute, at a minimum, shall contain the following
elements:
a. Agency. Establish an agency, or agencies, or designate an
existing State agency, or agencies, to implement the State program.
b. Certification. Authorize and direct the agency, or agencies, to
promulgate regulations requiring the certification of contractors that
offer to perform lead-hazard detection or lead-hazard reduction
services.
c. Worker Training. Authorize and direct the agency, or agencies to
promulgate regulations setting training requirements for workers,
inspectors, and other persons directly and substantially involved in
the performance of lead-based paint activities. Such regulations shall
establish minimum acceptable levels of training, and periodic refresher
training for each class of workers, and require that training shall be
provided by accredited training providers.
d. Accreditation of Training Providers. Authorize and direct the
agency, or agencies, to promulgate regulations to establish the
accreditation of training programs. The legislation shall require that
the regulation cover the following: (i) minimum requirements for the
accreditation of training providers; (ii) minimum training curriculum
requirements; (iii) minimum training hour requirements; (iv) minimum
hands-on training requirements; (v) minimum trainee competency and
proficiency requirements; and (vi) minimum requirements for training
program quality control.
e. Standards. Authorize and direct the agency, or agencies, to
promulgate regulations establishing standards for performing lead-based
paint activities, taking into account reliability, effectiveness, and
safety.
f. Compliance. Authorize and direct the agency, or agencies, to
promulgate regulations that will require any activity, involving lead-
hazard detection or lead-hazard reduction procedures, to comply with
agency regulations and to use certified and accredited personnel.
g. Enforcement. Authorize and direct the agency, or agencies, to
promulgate regulations that provide for the enforcement of the State
Certification Program, and that establish suitable sanctions, for those
who fail to comply with program requirements. The regulations shall
include provisions for the decertification and deaccreditation of
programs and personnel.
h. Federal Funding Eligibility. Authorize and direct the agency, or
agencies, to revise its regulations and procedures from time to time to
assure that State lead-hazard activities continue to be eligible for
Federal funding, by meeting the State Certification Program standards
and other requirements that may from time to time be promulgated by
EPA, HUD, and such other Federal agencies as may have jurisdiction over
lead hazards;
i. Reciprocity. Authorize the agency, or agencies, to establish
liaison with the other States having a State Certification Program to
assure the maximum consistency of program requirements, in order to
facilitate reciprocity of certification and accreditation among the
several States;
2. In addition to the mandatory elements present in #1 above, HUD
and EPA strongly recommend that the enabling legislation include:
a. Staffing. Authorize and direct the agency, or agencies to
dedicate suitable staff and to acquire suitable space, equipment,
supplies and other items necessary for the operations of the program.
b. Fees. Authorize the agency, or agencies, to collect such fees
for certification, accreditation, and other reviews as State policy may
determine to be necessary to help support the activities of the agency
or agencies.
c. Laboratory Oversight. Authorize and direct the agency, or
agencies, to cooperate with EPA in any joint oversight procedures EPA
may propose for laboratories accredited under the EPA laboratory
accreditation program for laboratories that offer to provide lead
analysis services.
d. Data Collection. Authorize the agency, or agencies, to establish
a unit for the collection and analysis of data on lead-hazard detection
and lead-hazard reduction activities in the State, and on
[[Page 24427]]
the certification, accreditation, and enforcement activities of the
agency.
e. Public Education. Authorize the agency, or agencies, in
cooperation with other relevant agencies of the State, to conduct
programs of public education on the nature and consequences of lead
hazards and on the need for lead-hazard reduction activities to be
conducted under careful supervision and by certified and accredited
personnel in order to assure the public safety.
[FR Doc. 96-11949 Filed 5-13-96; 8:45 am]
BILLING CODE 4210-32-P
