[Federal Register: September 11, 2000 (Volume 65, Number 176)]
[Notices]
[Page 54858-54859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se00-71]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-3482-N-09]
Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing
Receiving Federal Assistance; Notice of Transition Assistance
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of transition assistance.
-----------------------------------------------------------------------
SUMMARY: This notice describes the transition assistance that will be
provided in connection with implementation of HUD's new requirements
for notification, evaluation and reduction of lead-based paint hazards
in federally owned residential property and housing receiving federal
assistance (``Lead Safe Housing Regulation''). The Lead Safe Housing
Regulation was published in the Federal Register on September 15, 1999,
and becomes effective on September 15, 2000. To make certain that
adequate service providers exist throughout the country to carry out
lead-based paint hazard evaluation and reduction activities safely and
effectively, and to target available resources to housing which places
children most at risk, HUD has developed a transition assistance policy
with three components.
First, HUD is authorizing a six-month transition period for program
participants in jurisdictions which notify the Department by November
15, 2000, that they lack the capacity to implement one or more
provisions of the Lead Safe Housing Regulation. Second, post-1960
properties occupied by children under six receiving only tenant-based
rental assistance will be provided a twelve month transition period.
Third, properties receiving federal rehabilitation assistance greater
than $25,000 that are occupied by the elderly, where no child under six
resides or is expected to reside, will be provided a twelve month
transition period. No submission by a jurisdiction is required in order
for program participants to take advantage of the second and third
transition assistance components. All three components are discussed in
more detail in the Supplementary Information section of this notice.
FOR FURTHER INFORMATION CONTACT: Lead Paint Compliance Assistance
Center, Office of Healthy Homes and Lead Hazard Control, Department of
Housing and Urban Development, 451 7th Street, SW, Room P-3206,
Washington, DC 20410-0500, 1-866-HUD-1012 (1-866-483-1012) (this is a
toll-free number). Persons with hearing or speech impairments may
access this number via TTY by calling the toll-free Federal Information
Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Congress mandated the reduction of lead-based paint hazards in
federally owned residential property and housing receiving federal
assistance in the Residential Lead-Based Paint Hazard Reduction Act of
1992 (Title X of the Housing and Community Development Act of 1992)
(Pub. L. 101-550; 106 Stat. 3897; 42 U.S.C. 4851 et seq.), which
amended the Lead-Based Paint Poisoning Prevention Act (Pub. L. 91-695;
84 Stat. 2078; 42 U.S.C. 4801 et seq.). HUD published the Lead Safe
Housing Regulation implementing Sections 1012 and 1013 of Title X in
the Federal Register at 64 FR 50140 on September 15, 1999. This
regulation becomes effective on September 15, 2000.
The Lead Safe Housing Regulation applies advances in the scientific
understanding of childhood lead poisoning in the rehabilitation,
treatment and maintenance of federally owned residential property and
housing receiving federal assistance under a wide array of programs.
The regulation also increases the quantity of testing, home
maintenance, repair or rehabilitation work that must be performed in a
lead-safe manner. In most areas of the country, the Department believes
there is an adequate supply of trained contractors and licensed
(certified) personnel to do the work required. However, in certain
areas, the market for the services required under the regulation may
not yet have reached the point where the requisite expertise is
reasonably available for all programs and all requirements of the
regulation.
Recognizing that gaps in capacity may exist, the Department
believes that to protect children from lead poisoning in federally
owned residential property and housing receiving federal assistance,
the Lead Safe Housing Regulation must become effective as scheduled on
September 15, 2000. Under this notice, the Department is providing
program participants with a short transition period during which the
geographic areas lacking capacity to comply with the Lead Safe Housing
Regulation can build that capacity and resources can be focused on the
housing stock with the greatest need. During this transition period,
program participants in jurisdictions qualifying for the transition
assistance will not be expected to comply with the relevant
requirements of the Lead Safe Housing Regulation for certain identified
programs. Working in partnership with organizations of housing
providers and childhood health advocates, HUD will provide funds for
nationwide training of clearance technicians, maintenance workers,
rehabilitation workers, program staff and others. HUD will also create
a Lead Paint Compliance Assistance Center to respond to requests for
training assistance from jurisdictions which have inadequate capacity.
The Department will provide funds to defray the costs of testing for
lead-based paint and lead-based paint hazards, including clearance
testing and risk assessments in the housing choice voucher program,
clearance testing for properties receiving federal rehabilitation
assistance and inspections and risk assessments for HUD's project-based
programs. HUD is issuing program specific administrative notices to all
program participants describing the sources of funding available for
lead-based paint inspections and other testing, and related training.
Transition Assistance
Component 1--Assistance for Jurisdictions With Inadequate Capacity
For program participants in a particular jurisdiction to qualify
for transition assistance based on inadequate capacity to carry out
specific requirements of the Lead Safety Regulation, the chief elected
official of the jurisdiction, or a senior official designated to act on
his or her behalf (such as the official who signs the Annual
Consolidated Action Plan
[[Page 54859]]
submitted to HUD for the jurisdiction), must submit a Statement of
Inadequate Capacity to HUD. A jurisdiction is defined for purposes of
this notice as a CDBG Entitlement Grantee or for non-entitlement areas,
the State CDBG Grantee or Indian Tribe. If the jurisdiction is the
State, the statement must be signed and submitted by the agency head
who signs the State Annual Consolidated Action Plan submitted to HUD
and by the agency head responsible for the EPA-authorized lead-based
paint certification program (if the State has an EPA-authorized lead-
based paint certification program). If the jurisdiction is an Indian
Tribe, the statement must be signed and submitted by the chief official
of the Indian Tribe and by the individual responsible for the EPA-
authorized lead-based paint certification program (if the Indian Tribe
has an EPA-authorized lead-based paint certification program). The
statement submitted by a State may cover all or part of the CDBG non-
entitlement area of the State. The Statement of Inadequate Capacity
should be circulated to and reviewed by local officials with
responsibility for housing and public or environmental health in the
State or locality.
The Statement of Inadequate Capacity must be submitted to: David E.
Jacobs, Deputy Director, Office of Healthy Homes and Lead Hazard
Control, U.S. Department of Housing and Urban Development, Room P-3202,
451 7th Street, SW, Washington, DC 20410-0500.
Specifically, the jurisdiction must indicate in the Statement of
Inadequate Capacity that trained, licensed (certified) or accredited
personnel or firms are either not available in sufficient numbers or
are not available at a reasonable cost to make it practicable to comply
with the Lead Safe Housing Regulation between September 15, 2000, and
March 15, 2001. The statement must indicate the specific requirements,
as well as the particular programs or types of assistance covered by
the Lead Safety regulation for which capacity to comply does not yet
exist. If the jurisdiction's claim of inadequate capacity is based on
unreasonable cost, the statement must be documented by an analysis of
actual bids. A sample Statement of Inadequate Capacity which HUD
recommends jurisdictions use will be available on the HUD lead website
at www.hud.gov/lea.
This Statement of Inadequate Capacity from a jurisdiction must be
received by HUD no later than November 15, 2000. At the same time the
statement is submitted to HUD, a copy of this statement must also be
submitted to the State agency responsible for the lead-based paint
certification program or to the regional EPA office if EPA is operating
the lead-based paint certification program directly.
The jurisdiction is required to submit a Transition Implementation
Plan with its Statement of Inadequate Capacity no later than December
15, 2000, explaining how the jurisdiction will take the necessary steps
to ensure that an adequate supply of personnel or contractors will be
available by March 15, 2001. Failure to submit the plan by December 15,
2000, will result in the rescission of the transition assistance.
The plan must include the following: (1) An assessment of actual
existing capacity and the additional number and type of personnel that
need to be trained and/or certified; (2) how training will be obtained;
(3) how assisted housing with the greatest risks and greatest
opportunity to control lead-based paint hazards will be prioritized
using existing personnel or contractors; (4) how coordination with the
State agency responsible for certification of lead hazard control
personnel will be achieved; and (5) a schedule of activities that will
enable the jurisdiction to obtain compliance as rapidly as possible,
but no later than March 15, 2001. Jurisdictions must agree to make the
Transition Implementation Plan publicly available. Transition
Implementation Plan Guidance will be available on the HUD lead website
at www.hud.gov/lea.
If the Statement of Inadequate Capacity from a jurisdiction meets
all of the requirements set out in this notice, the Department will
conclude that program participants in the jurisdiction lack the
capacity to undertake safely and responsibly the evaluation and
reduction of lead-based paint and lead-based paint hazards under the
Lead Safe Housing Regulation and that transition assistance is needed
to build capacity. The Department will publish in the Federal Register
and make available on the HUD lead website at www.hud.gov/lea a list of
the jurisdictions that have applied for transition assistance. HUD will
conduct periodic audits of these Statements of Inadequate Capacity and
may rescind transition assistance based on a false statement of
inadequate capacity.
Jurisdictions that lack capacity will not be required to comply
with the affected requirements of the Lead Safe Housing Regulation
during a transition period beginning on September 15, 2000 and ending
on March 15, 2001. During this transition period, program participants
will continue to comply with HUD's lead-based paint regulations that
were effective before September 15, 2000. If there remains a lack of
capacity of trained or licensed (certified) professionals to conduct
activities under the Lead Safe Housing Regulation at the end of the
transition period, the jurisdiction must provide for HUD approval
supplemental documentation in the form of an updated Transition
Implementation Plan to justify an extension of the transition period
consistent with their Annual Consolidated Action Plan schedule.
Component 2--Phase In Period for Post-1960 Properties Receiving Tenant-
Based Assistance.
HUD will provide a one year transition period--until September 15,
2001--for all properties built after 1960 receiving only tenant-based
assistance that are occupied by a child under six. During this
transition period, program participants will continue to comply with
HUD's lead-based paint regulations that were effective for this program
before September 15, 2000. To receive this transition assistance, no
submission by a jurisdiction is required.
Component 3--Phase In Period for Elderly-Occupied Properties Receiving
Federal Rehabilitation Assistance Greater Than $25,000.
HUD will provide a one year transition period--until September 15,
2001--for all properties receiving federal rehabilitation assistance
greater than $25,000 that are occupied by the elderly, where no child
resides or is expected to reside. During the transition period, program
participants will comply with the requirements in the Lead Safe Housing
Regulation for federal rehabilitation assistance between $5,000 and
$25,000. To receive this transition assistance, no submission by a
jurisdiction is required.
Dated: September 5, 2000.
Andrew Cuomo,
Secretary.
[FR Doc. 00-23188 Filed 9-8-00; 8:45 am]
BILLING CODE 4210-32-P