HUD published a proposed rule in the September 1, 2016 Federal Register titled “Requirements for Notification, Evaluation, & Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property & Housing Receiving Federal Assistance; Response to Elevated Blood Levels.”
The proposed rule amends HUD’s lead-based paint regulations on reducing blood lead levels in children under age 6 who reside in pre-1978 federally owned or assisted housing. The rule will also establish more comprehensive testing and evaluation procedures for the housing.
HUD is formally adopting the Center for Disease Control (CDC) definition of “elevated blood lead levels (EBLL).”
Comments on the proposed rule are due by October 31, 2016.
Background
In 2014, the CDC found that “lead-based paint and lead contaminated dust are the most hazardous sources of lead for U.S. children.”
There remain a considerable number of assisted housing units with lead-based paint in which children under six reside. Approximately 4.3 million units are covered by the proposed rule. About 450,000 were built prior to 1978 and approximately 57,000 still contain lead-based paint hazards.
Regulatory Approach
The following types of assistance are covered by the proposed rule:
- Project-based assistance provided by federal agencies other than HUD (e.g., Rural Development Service);
- HUD Project-Based Assistance;
- HUD-owned and Mortgagee-in-possession multifamily properties;
- Public housing programs; and
- Tenant-based rental assistance (e.g., Housing Choice Vouchers).
The CDC’s revised guidance is that children under six should not live or spend significant time in homes with lead exposure hazards.
This rule proposes to revise the Lead Safe Housing Rule (LSHR) to adopt the CDC approach to establishing a blood lead level for which an environmental intervention will occur. This is a “trigger” level at which a housing owner will have to take specific action in response to a child’s elevated blood level. The rule also proposes to revise the type of hazard control undertaken when hazards are identified. In the case of multifamily projects, any unit with children under six will have to be addressed.
Proposed Protocol
When a child under six is discovered to have an EBLL, the owner or agency will have to undertake certain actions. The primary requirements will be:
- Conducting an environmental investigation of the unit in which the child lived at the time the blood was last sampled, and of common areas servicing the “index” unit. An “index” unit is the unit in which the child resides.
- Conduct interim control of lead-based paint hazards identified in the index unit. This may include specialized cleaning, repairs, maintenance, painting, and temporary containment. It may also require temporary relocation of the family.
- Controlling other related sources of lead exposure (e.g., lead-contaminated debris); and
- Request assistance of the occupants in identifying non-housing related sources of exposure (e.g., cosmetics, pottery, folk remedies, take-home exposure from the workplace, etc.).
Procedure for Environmental Investigation
The following steps would be required when conducting the investigation:
- A review of the findings of any previous lead-based paint inspections and investigations;
- Conducting a comprehensive interview of the family of the child;
- Conducting a risk assessment; and
- Augmenting the risk assessment through consultation with the local health department managing the child’s EBLL case.
This proposed rule is complex and comprehensive. Owners of pre-1978 federally assisted projects that have not been cleared of lead-based paint hazards should review the entire proposed rule and make any desired comments to HUD no later than October 31, 2016.