1. 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 ;

2. 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

3. Title X: Major sections [1]
HUD grants for lead-based paint hazard reduction in target housing (1993+)
$93 M FY 2017 in 3 y $ 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

4. 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

5. 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

6. 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

7. HUD OLHCHH Staff: We can help
Field Representatives and Enforcement Analysts list post under
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
Deborah Roane
Martin Nee
Myia Egleton

8. 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

9. 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

10. 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

11. 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

12. 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

13. Questions. Comments. HUD Lead Regulations Hotline: LeadRegulations@HUD
Questions? Comments? HUD Lead Regulations Hotline: