Lead-Based Paint Council of State Community Development Agencies Program Managers Training Conference Community Development Track Cross-Cutting Federal Requirements March 13, 2017 Warren Friedman, PhD, CIH, FAIHA Senior Advisor to the Director HUD Office of Lead Hazard Control and Healthy Homes 202-402-7574; Warren.Friedman@HUD.gov

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) Known as “Title X” because the act is located as that title of the Housing and Community Development Act of 1992 The main current legislation covering lead paint, dust and soil in housing Has provisions for HUD, EPA, OSHA, NIOSH, GAO

Title X: Major sections [1] HUD grants for lead-based paint hazard reduction in target housing (1993+) $93 M FY 2017 in 3 y grants @ $2.5 - 3 M to state, local, or tribal governments to make low-income privately-owned unassisted target housing units (most <1978 units) lead safe through interim controls or abatement Outreach, worker training, certification Leveraging required: local, CDBG $ allowed FY 2017 NOFAs for LBPHC and LHRD open until March 23, 2017 via Grants.gov

Title X: Major sections [2] Lead Disclosure Rule (1996) on sale or lease of target housing Seller or lessor must disclose knowledge of LBP and LBP hazards, provide Lead Warning Statement and EPA-HUD-CPSC lead hazard information pamphlet 10 days before contract execution, and allow withdrawal Buyers have 10 days before contract execution to conduct LBP inspection &/or risk assessment for LBP hazards, and to withdraw Joint w/EPA; HUD and EPA often collaborate

Title X: Major sections [3] HUD Lead Safe Housing Rule LSHR (1999) on evaluation and reduction of lead-based paint hazards in federally-owned and -assisted housing LSHR incorporated by reference into HUD assistance regulations (e.g., CDBG, HOME) Evaluate target housing for LBP and/or LBP hazards re deteriorated LBP, dust, and soil Reduce hazards by lead-safe work practices Ongoing LBP maint. if ongoing relationship Notify occupants of results of hazard evaluation and of hazard control

HUD OLHCHH Organization Director Jon L. Gant Senior Advisor, Warren Friedman, PhD Office Administrator, Susan Timm Marketing Oversight Spec, Keara O’Connor Deputy Director Michelle Miller Lead and Healthy Homes Programs Division Director, Shannon Steinbauer Programs and Regulatory Support Division Director, Bruce Haber Policy and Standards Division Director, Peter Ashley, DrPH Grants Services Division Director, Nadine Heath Business Operations Division Director, Jeff Simpkins Enforcement and Field Divisions merged in 2016 Now the Programs and Regulatory Support Division

HUD OLHCHH Staff: We can help Field Representatives and Enforcement Analysts list post under www.hud.gov/healthyhomes Linked from Programs and Regulatory Support Division description on the Office’s homepage For example: Region   States LHC Grant Technical Representative Grant Officer  Field Representative Enforcement Staff Region 1 CT, ME, MA, NH, RI, VT CT, NH, RI Gail Ward Gail.N.Ward @hud.gov 202.402-3839 Deborah Roane Deborah.V.Roane @hud.gov 202-402-7592 Martin Nee martin.j.nee @hud.gov 617-994-8372 Myia Egleton Myia.C.Egleton @hud.gov 202-402-7523

LSHR and Children’s Blood Lead Levels [1] 1999: Prompt response when a child < 6 years old living in most HUD-assisted housing had a blood lead level (BLL) > 20 micrograms of lead per deciliter of blood (> 20 µg/dL), which CDC had described, in 1997, as “the level requiring medical and environmental intervention” HUD called this BLL its “environmental intervention blood lead level.” Risk assessment for LBP hazards within 15 days, controlling any found within 30 days after risk assessment report

LSHR and Children’s Blood Lead Levels [2] CDC policy change (2012): Dropped use of “blood lead level of concern” because no level known to have no effects To identify children most exposed to lead and requiring case management, uses a “reference value,” based on BLL of top 2.5% of children ages 1–5 per CDC survey (NHANES) Currently 5 µg/dL

LSHR EBL Amendment [1] HUD began considering amending the LSHR, including assessing whether CDC guidance was being implemented and, if so, if significant problems had arisen and how to overcome them. September 1, 2016: HUD proposed its LSHR EBL amendment, and sought and reviewed public comment January 13, 2017: Amendment published July 13, 2017: Start of compliance period

LSHR EBL Amendment [2] Reduces BLL triggering environmental investigation (“elevated blood lead level,” EBL) to level at which CDC recommends environmental investigation (now 5 µg/dL) Changes EBL if CDC changes its guidance Enhances evaluation of child’s unit from risk assessment to environmental investigation by adding inquiry into other potential sources Per CDC guidance and HUD Guidelines’ chapter 16 on EBLs

LSHR EBL Amendment [3] Keeps original rule’s 15 days to evaluate, 30 days to control LBP hazards in unit of child with EBL Reassess other assisted units in the property with a child under age 6 with a lead risk assessment, and control LBP hazards Extends control period to 60 days when >20 other assisted units with a child <6 years Expands reporting EBL cases to HUD to: Tenant-based rental assistance Project-based rental assistance Public housing

Questions. Comments. HUD Lead Regulations Hotline: LeadRegulations@HUD Questions? Comments? HUD Lead Regulations Hotline: LeadRegulations@HUD.gov 202-402-7698