[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11400]


[[Page Unknown]]

[Federal Register: May 12, 1994]


_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Part 35, et al.




Lead-Based Paint Hazard Elimination;



Proposed Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary--Office of Lead-Based Paint Abatement and 
Poisoning Prevention

24 CFR Parts 35, 200, 280, 291, 510, 511, 570, 577, 578, 579, 882, 
885, 886, 887, 890, 905, 941, 961, 965, and 968

[Docket No. R-94-1692; FR-3061-P-01]
RIN 2501-AB23

 
Lead-Based Paint Hazard Elimination

AGENCY: Office of the Secretary--Office of Lead-Based Paint Abatement 
and Poisoning Prevention, HUD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: HUD is proposing to amend its regulations regarding the 
elimination of hazards due to lead-based paint and inviting public 
comments on the amendments. The amendments would remedy inaccuracies 
and respond to advancements in the state of knowledge in the field of 
lead-based paint testing and hazard reduction. This proposed rule would 
amend both the Department's basic regulation concerning lead-based 
paint poisoning prevention in residential structures and additional 
regulations pertaining to specific programs of the Department. The 
changes would include revising the definitions of an elevated blood-
lead level, defective paint and chewable paint; redefining the age of 
concern for children subject to lead hazards; providing definitions of 
hazard reduction methods; adding the option to test defective paint 
surfaces and permitting the use of laboratory analysis such as atomic 
absorption spectrometry (AAS); modifying approved abatement practices 
to control lead-based paint dust; revising requirements pertaining to 
the number of dwelling units to be sampled under the random sampling 
provision.

DATES: Comments due date: July 11, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Rules Docket Clerk, Office of General 
Counsel, room 10276, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-0500. Communications should 
refer to the above docket number and title. Facsimile (FAX) comments 
are not acceptable. A copy of each communication submitted will be 
available for public inspection and copying between 7:30 a.m. and 5:30 
p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Arthur S. Newburg, Director, Office of 
Lead-Based Paint Abatement and Poisoning Prevention, room B-133, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Washington, DC. 20410, telephone (202) 755-1785 or (202) 708-9300 (TDD) 
or 1-800-877-8339 (Federal Information Relay Service TDD). (Other than 
the ``800'' number, these are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Background

    The existing lead-based paint regulations pertaining to the 
Department's programs were written pursuant to the passage of the Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. 4801-4846) in the early 
1970s. This legislation required the Secretary to ``establish 
procedures to eliminate as far as practicable the hazards of lead-based 
paint poisoning with respect to any existing housing which may present 
such hazards and which is covered by an application for mortgage 
insurance or housing assistance payments under a program administered 
by the Secretary.'' HUD implemented that requirement by promulgating 24 
CFR part 35 in 1976 (41 FR 28878, July 13, 1976). Part 35 includes the 
general procedures for the testing and abatement of lead-based paint 
hazards in HUD-associated housing and applies to all programs. Section 
35.5(c), however, allows each Assistant Secretary to develop 
regulations pertaining to specific HUD programs. It is the Department's 
intent that program-specific regulations define the conditions that 
require action, but reference part 35 for specification of how the 
action should be conducted.
    Since part 35 was first written, amendments to it and to the 
program-specific regulations have been issued from time to time in 
response to changes in the law and increased knowledge about the 
hazards and treatment of lead-based paint. The most recent Department-
wide regulatory revisions pertaining to lead-based paint were made in 
1986, 1987, and 1988. Some additional revisions specific to the public 
and Indian housing programs were issued in 1991. However, new 
legislation--specifically the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (title X, Pub. L. 102-550; approved October 28, 
1992) (Title X)--and recent advances in knowledge have again made some 
of the information in the existing regulations obsolete. Therefore, the 
Department is undertaking a comprehensive revision of its lead-based 
paint regulations.
    The changes in this proposed rule would represent the first phase 
in the revision process. In the first phase, HUD would correct certain 
provisions in the regulations that are clearly out of date and should 
be corrected as soon as possible. Subsequent revisions will implement 
Title X, which establishes new requirements effective January 1, 1995. 
The Department intends to issue proposed regulations implementing the 
new Act as soon as possible, to allow the maximum amount of time for 
comment and for preparation by State and local agencies and the private 
sector.
    HUD welcomes comments on the regulatory revisions that are 
described in this proposed rule.

Revising the Definition of an Elevated Blood-Lead Level

    Current regulations require special procedures if a child has an 
``elevated blood-lead level.'' This proposed rule would change the 
definition of an elevated blood-lead level (EBL) to conform to the new 
recommendations of the Department of Health and Human Services, Centers 
for Disease Control (CDC), regarding blood lead levels that require 
environmental intervention. Existing regulations define an EBL as equal 
to or exceeding 25 micrograms per deciliter (g/dl). The 
Department's new standard for environmental intervention would be equal 
to or exceeding 20 g/dl for a single test or 15-19 g/
dl in two consecutive tests several months apart.
    Many people are under the impression that the CDC, in its 
Statement, Preventing Lead Poisoning in Young Children (October 1991), 
effectively lowered the definition of an EBL to 10 g/dl. It is 
true that the Statement indicates that ``the overall goal is to reduce 
children's blood lead levels below 10 g/dl. However, the 
Statement does not recommend medical or environmental intervention at 
levels of 10-14 g/dl. Three reasons are given:

    First, particularly at low blood lead levels, laboratory 
measurements may have some inaccuracy and imprecision, so a blood 
lead level in this range (10-14 g/dl) may, in fact, be 
below 10 g/dl. Second, effective environmental and medical 
interventions for children with blood lead levels in this range have 
not yet been identified and evaluated. Finally, the sheer numbers of 
children in this range would preclude effective case management and 
would detract from individualized follow-up required by children who 
have higher blood lead levels.

(See, U.S. Department of Health and Human Services, Public Health 
Service, Centers for Disease Control, Preventing Lead Poisoning in 
Young Children, A Statement by the Centers for Disease Control--October 
1991, page 2.)
    The definition currently used by HUD of an EBL first appears in 24 
CFR 200.805. The revised definition would be included in 24 CFR 35.3, 
because the definition affects all residential HUD programs. Specific 
program regulations could then reference the definition in part 35 as 
appropriate, although some program regulations might continue to repeat 
the definition.

Definitions To Be Revised

    Title X amends the Lead-Based Paint Poisoning Act to change the 
childhood age of concern from less than 7 years of age to less than 6 
years. This change, which also reflects the advice of the CDC in its 
Statement, cited above, requires revisions to HUD's lead-based paint 
regulations in several locations. For example, the current definition 
of residential structure (24 CFR 35.3), includes a reference to 
nondwelling facilities ``commonly used by children under seven years of 
age.'' A similar reference currently is found in 24 CFR 200.815(c), 
which requires that, in the case of a sale of a HUD-owned single-family 
property, if the purchaser is an owner-occupant and the occupant family 
contains one or more children under the age of seven years, the sale of 
a HUD-owned single-family property must be deferred to allow time to 
check for elevated blood lead levels and test for and abate lead-based 
paint. A similar requirement pertains to multifamily properties (see 24 
CFR 200.820(c)(ii) and 24 CFR 200.825(c)(1)).
    HUD also would revise or add definitions of the following terms in 
24 CFR 35.22: defective paint, HEPA, HUD-associated housing, misted 
scraping, paint removal, replacement, and residential structure.

Options To Test Defective Surfaces and Use Laboratory Analysis

    The proposed rule would provide an option for testing of defective 
paint surfaces to determine if, in fact, lead-based paint is present; 
if the test results are below 1.0 mg/cm2, abatement is not 
required. For structures built prior to 1978, the existing regulations 
require visual inspection for defective paint surfaces and treatment of 
those surfaces found to be defective. Therefore, under the existing 
regulations, surfaces that are defective but do not contain lead and 
are not hazardous may be unnecessarily treated. Testing the surface is 
the only way to determine if it is hazardous and thus requires 
treatment. The revision would permit a cost review between testing and 
treatment without testing.
    The proposed rule also specifically would permit laboratory 
analysis as an approved alternative to XRF testing. Current program 
regulations require the Federal Housing Commissioner's permission to 
use laboratory analysis on a case-by-case basis. This has led to a 
burdensome and growing number of individual concurrence actions. XRF 
readings are given in milligrams per square centimeter (mg/cm\2\), but 
laboratories frequently report test results as a percent of lead by 
weight. Therefore, an alternative standard of 0.5 percent by weight or 
5000 parts per million (ppm) would be permitted as an alternative to 
the more widely used standard of 1.0 mg/cm\2\.

 Approved Abatement and Dust-Control Practices

    At the time the existing regulation was written, abatement 
techniques were not refined and the danger of lead dust was relatively 
unknown. Research and experience in both the public and private sectors 
have advanced the state of knowledge on these subjects. The proposed 
rule would reference various abatement methods (defined in 24 CFR 
35.22) that are consistent with the HUD Interim Guidelines and In-Place 
Management Recommendations. The proposed rule also would warn about the 
danger of lead dust. Sections 35.56(a) (1) and (2), concerning 
requirements applicable to the sale of federally owned property that 
will be used for residential purposes, also would be amended in this 
proposed rule.

Including Up-to-Date Sampling and Testing Information

    Given the high cost of testing for lead-based paint, it is 
desirable to follow a statistically sound random sampling technique 
that provides satisfactory assurance of detecting lead-based paint, 
while not requiring the testing of all units in a multifamily property. 
Existing regulations for the multifamily mortgage insurance and 
multifamily property disposition programs require the testing of 
chewable surfaces in a random sample of ten housing units in properties 
of 20 units or more. For properties with fewer than 20 units, six units 
must be tested. These requirements do not have statistical validity and 
consequently do not provide the desired degree of assurance. Using the 
sample sizes and random sampling procedures in this proposed rule, if 
no unacceptable hazards are observed in the sample units tested, then 
there would be at least 95 percent confidence that no more than 5 
percent of all units or 50 units, whichever is smaller, would have an 
unacceptable lead-based paint hazard. The table included in 
Sec. 200.820(e) of the proposed rule was developed to achieve the 95 
percent confidence level.
    As an example, the table would require that 56 units must be tested 
in a 600-unit development. If lead (above th e standard of 1.0 mg/
cm2) is not found in any of the 56 tested units, the Department 
can be 95 percent confident that no more than 30 units (the lesser of 
50 or 5 percent of 600) have lead levels above the standard. As a 
second example, 236 units (5.9 percent of 4,000) must be tested in a 
4,000-unit development. If all are below the standard, there is 95 
percent confidence that no more than 50 of the 4,000 units (the lesser 
of 50 or 5 percent of 4000) have lead levels above the standard.
    The size of the sample (number of units to be tested) is determined 
by three factors:

N = Total number of units in the project;
k = Maximum number of leaded units (a unit with one or more components 
with lead-based paint at or above the standard of 1.0 mg/cm2) that 
can be tolerated to be missed completely;
n = Smallest number of units that must be tested to provide 95 percent 
confidence that the total number of leaded units is less than ``k'', 
based on finding no leaded units in the sample tested.

For example, to be 95 percent confident that no more than 5 percent of 
300 units have lead, then k=15; if no more than 50 out of 4,000 with 
lead, then k=50.
    In the usual statistical convention, ``n'' is defined as the 
smallest integer for which the probability of obtaining no positives in 
a simple random sample of size ``n'' from a population of size ``N'', 
of which ``k'' are positive, is less than 0.05. When ``k'' of ``N'' 
total are positive, the probability of observing no positives in a 
simple random sample of size ``n'' is given by the formula:

[(N-k)(N-k-1) ... (N-k-n+1)]/[(N)(N-1) ... (N-n+1)].

The required value of ``n'' is obtained by successively evaluating this 
expression for n = 1, 2, 3, . . ., until the value of the formula first 
drops below 0.05. The table in Sec. 200.820(e) of the proposed rule was 
generated using this method.
    Several points need to be made about the revised table. First, for 
less than 20 units total, all units would have to be tested to get the 
desired confidence level. Second, the percentage of units to be tested 
would decrease with increasing size of the project. Third, it is 
apparent from the table that for values of ``N'' above 1,006, 5.9 
percent of the units would need to be tested.
    Lower sample sizes may be attractive because of lower testing 
costs, but that reduces the assurance that units are not lead-
contaminated. The existing procedure does not provide any identifiable 
level of assurance. Of course, 100 percent assurance can only be 
achieved by requiring the testing of all the units in a project, at 
much higher cost.

Other Matters

 Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with part 50 of this title, which 
implements section 102(2)(C) of the National Environmental Policy Act 
of 1969, 42 U.S.C. 4332. This Finding relies in substantial part on an 
Environmental Assessment prepared for the Lead-Based Paint Interim 
Guidelines. The subject Finding of No Significant Impact is available 
for inspection and copying during regular business hours in the Office 
of the Rules Docket Clerk, room 10276, 451 Seventh Street, SW., 
Washington, DC 20410.

Executive Order 12866

    This proposed rule was reviewed by the Office of Management and 
Budget (OMB) under Executive Order 12866 on Regulatory Planning and 
Review, issued by the President on September 30, 1993. Any changes made 
in the proposed rule subsequent to its submission to OMB are identified 
in the docket file, which is available for public inspection as 
provided under the section of this preamble entitled ``Addresses.''

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this proposed rule before publication and 
by approving it certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The proposed rule is limited to implementation of statutory changes to 
the Lead-Based Paint Poisoning Prevention Act; there are no 
anticompetitive discriminatory aspects of the proposed rule with regard 
to small entities and there are not any unusual procedures that would 
need to be complied with by small entities.

Executive Order 12606, the Family

    The General Counsel, as the Designated Official under Executive 
Order 12506, the Family, has determined that this proposed rule would 
not have potential significant impact on family formation, maintenance, 
and general well-being, and, thus, is not subject to review under the 
Order. The function of this proposed rule is to remedy inaccuracies in 
existing program regulations and respond to advancements in the field 
of lead-based paint testing and hazard reduction.

Executive Order 12512, Federalism

    The General Counsel, as the Designated Official under section 8(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this proposed rule do not have federalism implications 
and, thus are not subject to review under the Order. The function of 
this proposed rule would be to remedy inaccuracies in existing program 
regulations and respond to advancements in the field of lead-based 
paint testing and hazard reduction. Issuance of this proposed rule in 
no way changes or affects the existing relationships among Federal, 
State, and local governments.

Semiannual Agenda of Regulations

    This proposed rule was listed as Item No. 1533 in the Department's 
Semiannual Agenda of Regulations published on April 25, 1994 (59 FR 
20424, 20435) under Executive Order 12866 and the Regulatory 
Flexibility Act, and was requested by and submitted to the Committee on 
Banking, Housing and Urban Affairs of the Senate and the Committee on 
Banking, Finance and Urban Affairs of the House of Representatives 
under section 7(o) of the Department of Housing and Urban Development 
Act.

List of Subjects

24 CFR Part 35

    Grant programs--housing and community development, Lead poisoning, 
Mortgage insurance, Rent subsidies, Reporting and recordkeeping 
requirements.

24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Housing standards, Incorporation by 
reference, Lead poisoning, Loan programs--housing and community 
development, Minimum property standards, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social security, Unemployment 
compensation, Wages.

24 CFR Part 280

    Community development, Grant programs--housing and community 
development, Loan programs--housing and community development, Low and 
moderate income housing, Nonprofit organizations, Reporting and 
recordkeeping requirements.

24 CFR Part 291

    Community facilities, Conflict of interests, Homeless, Lead 
poisoning, Low and moderate income housing, Mortgages, Reporting and 
recordkeeping requirements, Surplus government property.

24 CFR Part 510

    Lead poisoning, Loan programs--housing and community development, 
Relocation assistance, Reporting and recordkeeping requirements, Social 
security, Urban renewal.

24 CFR Part 511

    Administrative practice and procedure, Grant programs--housing and 
community development, Lead poisoning, Low and moderate income housing, 
Reporting and recordkeeping requirements, Technical assistance.

24 CFR Part 570

    Administrative practice and procedure, American Samoa, Community 
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan 
programs--housing and community development, Low and moderate income 
housing, New communities, Northern Mariana Islands, Pacific Islands 
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and 
recordkeeping requirements, Small cities, Student aid, Virgin Islands.

24 CFR Part 577

    Community facilities, Employment, Grant programs--housing and 
community development, Grant programs--social programs, Individuals 
with disabilities, Homeless, Indians, Mental health programs, Nonprofit 
organizations, Reporting and recordkeeping requirements, Technical 
assistance.

24 CFR Part 578

    Community facilities, Grant programs--housing and community 
development, Grant programs--social programs, Individuals with 
disabilities, Homeless, Mental health programs, Nonprofit 
organizations, Reporting and recordkeeping requirements, Technical 
assistance.

24 CFR Part 579

    Community facilities, Grant programs--housing and community 
development, Grant programs--social programs, Homeless, Reporting and 
recordkeeping requirements.

24 CFR Part 882

    Grant programs--housing and community development, Homeless, Lead 
poisoning, Manufactured homes, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 885

    Aged, Individuals with disabilities, Loan programs--housing and 
community development, Low and moderate income housing, Reporting and 
recordkeeping requirements.

24 CFR Part 886

    Grant programs--housing and community development, Lead poisoning, 
Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 887

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 890

    Civil rights, Grant programs--housing and community development, 
Individuals with disabilities, Loan programs--housing and community 
development, Low and moderate income housing, Mental health programs, 
Reporting and recordkeeping requirements.

24 CFR Part 905

    Aged, Energy conservation, Grant programs--housing and community 
development, Grant programs--Indians, Individuals with disabilities, 
Lead poisoning, Loan programs--housing and community development, Loan 
programs--Indians, Low and moderate income housing, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 941

    Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.

24 CFR Part 961

    Drug abuse, Drug traffic control, Grant programs--housing and 
community development, Grant programs--Indians, Grant programs--low and 
moderate income housing, Public housing, Reporting and recordkeeping 
requirements.

24 CFR Part 965

    Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and 
recordkeeping requirements, Utilities.

24 CFR Part 968

    Grant programs--housing and community development, Loan programs--
housing and community development, Public housing, Reporting and 
recordkeeping requirements.

    Accordingly, 24 CFR parts 35, 200, 280, 291, 510, 511, 570, 577, 
578, 579, 882, 885, 886, 887, 890, 905, 941, 961, 965, and 968 are 
proposed to be amended as follows:

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN 
RESIDENTIAL STRUCTURES

    1. The authority citation for part 35 would be revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 4821-1846.

    2.Section 35.3 would be amended by:
    a. Adding in alphabetical order a new definition ``Elevated blood 
lead level or EBL'';
    b. Amending the definition of ``HUD-associated housing'' by 
removing the word ``or'' at the end of paragraph (2), replacing the 
period with a comma at the end of paragraph (3), and adding new 
paragraphs (4) and (5) in that definition; and
    c. Revising the definition of ``residential structure'', to read as 
follows:


Sec. 35.3  Definitions.

* * * * *
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms of lead per deciliter of whole blood) for a single test or 
of 15-19 g/dl in two consecutive tests several months apart.
    HUD-associated housing. * * *
    (4) That is currently covered by a mortgage held by the Secretary; 
or
    (5) That was purchased by a third party at a foreclosure by the 
Secretary of a Secretary-held mortgage and is subject to any 
requirements regarding its use or operation under an agreement, or 
condition imposed by the Secretary.
    Residential structure. Any house, apartment, or structure intended 
for human habitation, including any nondwelling facility operated by 
the owner and commonly used by children less than six years of age, 
such as a child care center.
* * * * *
    3. Section 35.10 would be revised to read as follows:


Sec. 35.10  Purpose and scope.

    This subpart implements the provisions of 42 CFR part 90, issued by 
the Secretary of Health and Human Services pursuant to section 401 of 
the Act, which are applicable to Federal agencies and prohibit the use 
of lead-based paint in residential structures constructed or 
rehabilitated by the Federal government or with Federal assistance. 
This subpart also establishes procedures to prohibit the use of lead-
based paint in all HUD-associated housing.
    4. Section 35.14 would be revised to read as follows:


Sec. 35.14  Requirements.

    (a) No office of the Department shall use or permit the use of 
lead-based paint in HUD-associated housing.
    (b) Each Assistant Secretary shall implement the requirements of 
paragraph (a) of this section with respect to the HUD programs within 
his/her administrative jurisdiction. Implementation shall include:
    (1) The establishment of procedures to require the inclusion of 
appropriate provisions in contracts and subcontracts involving HUD-
associated housing prohibiting the use of lead-based paint in the HUD-
associated housing; and
    (2) Provisions necessary for enforcement of the prohibition.
    5. Section 35.22 would be amended by removing the definition of 
``applicable surface''; by revising the definition of ``defective paint 
surface''; and by adding in alphabetical order definitions of ``HEPA'', 
``misted scraping'', ``paint removal'', and ``replacement'', to read as 
follows:


Sec. 35.22  Definitions.

* * * * *
    Defective paint surface means a surface on which the paint is 
nonintact, i.e. the paint is cracking, scaling, chipping, peeling, or 
loose.
    HEPA means a high efficiency particle air filter, as used in lead-
abatement vacuum cleaners.
* * * * *
    Misted scraping means both the surface to be scraped and the 
scraping tool are kept wet with water during the removal process to 
minimize the dispersal of paint chips and air-borne dust.
    Paint removal means stripping paint from the surfaces of building 
components.
    Replacement means the removal of building components, such as 
windows, doors, and trim, that have lead-based painted surfaces and the 
installation of new components free of lead-based paint.
* * * * *
    6. Section 35.24 would be amended by revising paragraphs (b) 
introductory text, (b)(1) and (b)(2); by redesignating paragraph (b)(3) 
and (b)(4) as paragraphs (b)(5) and (b)(6), respectively; and by adding 
new paragraphs (b)(3) and (b)(4), to read as follows:


Sec. 35.24  Requirements.

* * * * *
    (b) Subject to the provisions of separate regulations promulgated 
with respect to any program by the Assistant Secretary having 
jurisdiction over that program, the following minimum requirements 
shall apply to all programs:
    (1) All painted surfaces of HUD-associated housing constructed 
before 1978 shall be inspected to determine whether defective paint 
surfaces exist.
    (2) Defective paint surfaces must either:
    (i) Be tested for lead content and, if found to contain lead at 
concentrations equal to or exceeding levels specified in paragraph 
(b)(3) of this section, abated as described in paragraph (b)(4) of this 
section. Defective paint surfaces that do not contain lead-based paint 
do not require treatment; or
    (ii) Be abated, if defective paint surfaces are not tested. If not 
tested, the presence of lead-based paint shall be assumed.
    (3) If defective paint surfaces are tested, testing shall be 
accomplished by using a portable X-ray fluorescence (XRF) analyzer or 
by laboratory analysis of paint samples, whichever is more cost 
effective. Abatement as described in paragraph (b)(4) of this section 
is required of all defective paint surfaces for which the test results 
equal or exceed 1.0 milligram of lead per square centimeter of paint 
surface. If the laboratory reports the test results in percent by 
weight, the standard shall be 0.5 percent or 5000 parts per million 
(ppm). A qualified inspector or laboratory shall certify in writing the 
precise results of the testing.
    (4)(i) Lead-based paint abatement can create lead dust that is 
dangerous to workers and occupants, especially small children. 
Abatement should be performed only by workers who are trained in 
managing lead hazards and are properly protected. Abatement should not 
be undertaken by home craftsmen, even very skilled ones, or untrained 
construction professionals. The generation and control of dust must be 
carefully considered when selecting the abatement method. Dust caused 
by abatement shall be contained within the work area and shall not be 
allowed to spread to adjacent spaces or the soil.
    (ii) Abatement shall be by covering lead-based paint surfaces, 
removal of paint, or replacement of painted building components. 
Acceptable methods of covering lead-based paint surfaces require the 
use of durable materials, sealed and caulked to prevent the escape of 
lead-contaminated dust. Acceptable methods of paint removal are misted 
scraping, scraping with an infrared or coil-type heat gun, and chemical 
stripping on- or off-site. Unacceptable methods of abatement include 
dry unassisted scraping; machine sanding and use of propane or gasoline 
torches (open flame methods); and washing and repainting without first 
thoroughly removing the paint by one of the approved methods.
    (iii) Appropriate action shall be taken to protect occupants, 
especially young children and pregnant women, from lead hazards 
associated with abatement. Occupants may not enter spaces undergoing 
abatement. In most circumstances, occupants must be temporarily 
relocated during abatement, in accordance with Sec. 35.28.
    (iv) All abatement procedures must be concluded with a thorough 
cleaning of all surfaces in the affected dwelling units and common 
areas in order to remove lead dust. Cleanup shall be accomplished by 
vacuuming with a HEPA vacuum and washing surfaces with a trisodium 
phosphate detergent, followed by another high efficiency vacuuming. The 
waste generated by abatement shall be safely disposed of in accordance 
with Federal, State, and local laws.
    (v) In the case of defective paint spots of one square foot or 
less, misted scraping and repainting of the defective spot is 
considered adequate treatment. However, treatment of defective paint 
spots shall include proper containment and cleanup. If the total area 
of defective paint spots on any one surface exceeds one square foot, or 
if there are defective paint spots on more than two surfaces in any one 
room or space (hallways, pantry, etc.), misted scraping and repainting 
of the defective spots is not acceptable treatment. In such 
circumstances, the entire defective paint surface must be abated in 
accordance with paragraph (b)(4)(ii) of this section.
* * * * *
    A new Sec. 35.28 would be added to subpart C, to read as follows:


Sec. 35.28  Temporary relocation.

    (a) Protection of occupants. Appropriate action shall be taken to 
protect occupants, especially young children and pregnant women, from 
lead hazards associated with abatement. Occupants may not enter spaces 
undergoing abatement. Except as provided in paragraphs (b) and (c) of 
this section, occupants must be temporarily relocated during abatement.
    (b) Exterior abatement. Relocation of occupants is not required if 
abatement is only on the exterior of a structure and the interior is 
sealed and safe entry and egress can be assured.
    (c) Interior abatement. Relocation of occupants is not required if 
abatement is on the interior and either:
    (1) Abatement and cleanup can be completed in one 8-hour working 
day, and the following conditions are met:
    (i) Dust caused by abatement is contained within the work area; and
    (ii) Occupants have safe access to bathrooms and kitchens; or
    (2) If all of the following conditions are met, even though 
abatement and cleanup cannot be completed in one 8-hour working day:
    (i) Abatement is of limited scope (e.g. limited to no more than one 
or two rooms at a time);
    (ii) The work area is secured against entry during nonworking 
hours;
    (iii) Dust caused by abatement is contained within the work area; 
and
    (iv) Occupants have safe access to bathrooms, kitchens and sleeping 
areas.
    (d) Personal belongings. Personal belongings that are in work areas 
must be relocated or sealed to protect the belongings from 
contamination from lead dust.
    8. Section 35.56 would be amended by revising the first sentence in 
paragraph (a)(1) and by revising paragraph (a)(2), to read as follows:


Sec. 35.56  Requirements.

    (a) * * *
    (1) All painted surfaces of residential structures constructed 
before 1978 shall be inspected to determine whether defective paint 
surfaces exist. * * *
    (2) Treatment necessary to eliminate hazards of lead-based paint 
shall conform to the procedures described in Sec. 35.24(b)(4).
* * * * *
    9. Section 35.62 would be revised to read as follows:


Sec. 35.62  Federal construction; prohibition against use of lead-based 
paint.

    1. No Federal agency shall, in any residential structure 
constructed or rehabilitated by such agency, use or permit the use of 
lead-based paint.
    10. Section 35.63 would be amended by revising paragraph (a) and 
adding a heading to paragraph (b), to read as follows:


Sec. 35.63  Federally assisted construction; prohibition against use of 
lead-based paint.

    (a) Regulations required. Each agency head shall issue regulations 
and take such other steps as in his or her judgment are necessary to 
prohibit the use of lead-based paint on or in any residential structure 
constructed or rehabilitated by such agency under any federally 
assisted program.
    (b) Contents of regulations. * * *

PART 200--INTRODUCTION

    11. The authority citation for part 200 would be revised to read as 
follows:

    Authority: 12 U.S.C. 1701-1715z 18; 42 U.S.C. 3535(d)).

    12. Section 200.805 would be amended by removing the definition of 
``Applicable surface''; and by revising the definitions of ``Chewable 
surface'', ``Defective paint surface'', and ``Elevated blood lead level 
or EBL'', to read as follows:


Sec. 200.805  Definitions.

    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age.
    Defective paint surface has the same meaning as the term is defined 
in Sec. 35.22 of this title.
    Elevated blood lead level or EBL has the same meaning as the term 
is defined in Sec. 35.3 of this title.
* * * * *
    13. Section 200.815 would be amended by revising paragraphs (b), 
(c), and (d), to read as follows:


Sec. 200.815  HUD-owned single family property disposition.

* * * * *
    (b) For residential structures constructed prior to 1978, HUD shall 
cause the property to be inspected for defective paint surfaces before 
the closing of the sale of the property. In the case of a sale to a 
non-owner-occupant purchaser, treatment may be made a condition of 
sale, with sufficient sale funds escrowed to assure treatment. 
Defective paint surfaces either:
    (1) Must be tested for lead content and, if found to contain lead 
at concentrations equal to or exceeding levels specified in 
Sec. 35.24(b)(3) of this title, abated as described in Sec. 35.24(b) of 
this title; or
    (2) If not tested, the presence of lead-based paint shall be 
assumed and the surfaces abated as described in paragraph (d) of this 
section.
    (c) Chewable surfaces. This subsection applies to dwellings 
constructed before 1978, except as provided in paragraph (d) of this 
section. If the purchaser is an owner-occupant and the occupant family 
contains one or more children less than six years of age, closing of 
the sale shall be deferred until completion of the following 
procedures. Where a blood lead level screening program is determined by 
HUD to be reasonably available, screening of each occupant child less 
than six years of age will be required. If an EBL condition is 
identified, HUD will cause the dwelling to be tested for lead-based 
paint on chewable surfaces or follow treatment procedures. Testing 
shall be conducted by a State or local health or housing agency, an 
inspector certified or regulated by a State or local health or housing 
agency, a qualified HUD inspector or an organization recognized by HUD. 
Testing shall be performed using an X-ray fluorescence analyzer (XRF) 
or by laboratory analysis of paint samples. Test readings of 1 mg/cm\2\ 
or higher using an XRF shall be considered positive for the presence of 
lead-based paint. If the laboratory reports the results in percent by 
weight, 0.5 percent or 5000 parts per million shall be considered 
positive. Where lead-based paint on chewable surfaces is identified, 
the entire interior or exterior chewable surface shall be treated. 
Treatment shall consist of covering or removal of the paint surface in 
accordance with Sec. 35.24(b)(4) of this title.
    (d) Abatement without testing. In the case of a residential 
structure constructed before 1978, in lieu of the procedures set forth 
in paragraph (c) of this section, HUD, at its option, may forgo testing 
and abate all chewable and defective paint surfaces in accordance with 
the methods set out in Sec. 35.24(b)(4) of this title.
    14. Section 200.820 would be amended by redesignating paragraphs 
(d) and (e) as paragraphs (f) and (g), respectively; by revising the 
third sentence in paragraph (a) and paragraphs (b), (c)(1), (c)(2), the 
second sentence in paragraph (c)(3), and (c)(4); and by adding new 
paragraphs (d) and (e), to read as follows:


Sec. 200.820  Multifamily insurance and coinsurance.

    (a) * * * This section does not apply to projects for the elderly 
or handicapped (except for units housing children less than six years 
of age) or projects subject to an application for insurance under 
sections 231, 232, 241, or 242 of the National Housing Act. * * *
    (b) Defective paint surfaces. In the case of a residential 
structure constructed before 1978, the HUD or coinsurer's architect and 
the sponsor's architect shall inspect the property for defective paint 
surfaces before the issuance of a commitment. If defective paint 
surfaces are found, testing and abatement as required by Sec. 35.24(b) 
of this title shall be completed before final endorsement as a 
condition of the firm commitment. If defective paint surfaces are 
tested, a random sample of dwelling units shall be tested as required 
by paragraph (e) of this section.
    (c) Chewable surfaces--(1) Random sample. In the case of a 
residential structure constructed before 1978, a random sample of 
dwelling units shall be tested for lead-based paint on chewable 
surfaces as required by paragraph (e) of this section, including a 
sample of common areas and exterior chewable surfaces. Common areas 
included in the sample should include nondwelling facilities commonly 
used by children less than six years of age, such as child care 
centers. All chewable surfaces in selected units shall be tested. If 
none of the tested units, common areas or exterior chewable surfaces 
contain lead-based paint, the project may be considered free of lead-
based paint, and no further testing or abatement action will be 
required. If lead-based paint is found in any unit in the sample, all 
units in the project are required to be tested. If lead-based paint is 
found in any common area, all common areas in the project are required 
to be tested. If lead-based paint is found in any exterior chewable 
surface, all exterior chewable surfaces in the project are required to 
be tested.
    (2) Testing requirements. Testing shall be performed using an X-ray 
fluorescence analyzer (XRF) or by laboratory analysis of paint samples. 
Test readings of 1 mg/cm\2\ or higher using an XRF shall be considered 
positive for presence of lead based paint. If the laboratory reports 
the test results in percent by weight the standard shall be 0.5 percent 
or 5000 parts per million (ppm). Testing of chewable surfaces shall be 
performed by a State or local health or housing agency or by an 
inspector certified or regulated by the State or local health or 
housing agency. The testing entity shall certify to the results of the 
test. The mortgagor shall be responsible for obtaining these testing 
services.
    (3) * * * Treatment shall consist of covering or removal of the 
paint surface in accordance with Sec. 35.24(b)(4) in this title. * * *
    (4) Abatement without testing. In lieu of the procedures set forth 
in paragraphs (c)(1), (2) and (3) of this section, in the case of a 
residential structure constructed before 1978, the developer may forego 
testing and abatement and abate all chewable surfaces in accordance 
with the methods set out in Sec. 35.24(b)(4) of this title before final 
endorsement. HUD or the coinsuring lender will reinspect all units 
after repair and before final endorsement.
    (d) EBL child. In the case of a residential structure constructed 
before 1978, if the developer is presented with test results that 
indicate a child less than six years of age living in a unit has an 
EBL, the developer must test defective paint surfaces and chewable 
surfaces in the unit occupied by the child. If such test is positive 
for lead-based paint, the developer either:
    (1) Must abate the unit surfaces in accordance with the methods set 
out at Sec. 35.24(b) of this title; or
    (2) If the developer chooses not to test, the developer must abate 
all unit surfaces.
    (e) Random sampling of units. Random sampling of housing units for 
testing of chewable and defective paint surfaces shall be based on the 
following table:

       Number of Units To Be Tested as a Function of Project Size       
------------------------------------------------------------------------
    No. of units in building or group of                                
 buildings uniformly painted at the time of                             
   construction and with subsequent random     No. of unitsto be tested 
              painting history                                          
------------------------------------------------------------------------
<20.........................................  All                       
20-26.......................................  20                        
27..........................................  21                        
28..........................................  22                        
29-30.......................................  23                        
31..........................................  24                        
32..........................................  25                        
33-34.......................................  26                        
35..........................................  27                        
36..........................................  28                        
37..........................................  29                        
38-39.......................................  30                        
40-50.......................................  31                        
51..........................................  32                        
52-53.......................................  33                        
54..........................................  34                        
55-56.......................................  35                        
57-58.......................................  36                        
59..........................................  37                        
60-73.......................................  38                        
74-75.......................................  39                        
76-77.......................................  40                        
78-79.......................................  41                        
80-95.......................................  42                        
96-97.......................................  43                        
98-99.......................................  44                        
100-117.....................................  45                        
118-119.....................................  46                        
120-138.....................................  47                        
139-157.....................................  48                        
158-177.....................................  49                        
178-197.....................................  50                        
198-218.....................................  51                        
219-258.....................................  52                        
259-299.....................................  53                        
300-379.....................................  54                        
380-499.....................................  55                        
500-638.....................................  56                        
639-799.....................................  57                        
800-1003....................................  58                        
1004-1005...................................  59                        
1006 or more................................  (5.9 percent of the number
                                               of units, rounded to the 
                                               nearest unit.)\1\        
------------------------------------------------------------------------
\1\For buildings or groups of similar buildings with 1,006 units or     
  more, test 5.9 percent of the units and round the result to the       
  nearest number. E.g., if there are 2,170 units, 5.9 percent equals    
  128.03, so 128 units should be tested.                                

* * * * *
    15. Section 200.825 would be amended by:
    a. Revising the second sentence of paragraph (a);
    b. Revising paragraph (b);
    c. Revising paragraph (c) introductory text by:
    (1) Revising the third and fourth sentences, and adding a new 
sentence after the fourth sentence, as revised; and,
    (2) Revising the last two sentences of the introductory text; and
    d. Revising paragraphs (c)(1) and (c)(2), to read as follows:


Sec. 200.825  HUD-owned multifamily property disposition.

    (a) * * * This section does not apply to projects for the elderly 
or handicapped (except for units housing children less than six years 
of age). * * *
    (b) Defective paint surfaces. For residential structures 
constructed before 1978, HUD shall cause the property to be inspected 
for defective paint surfaces before offering the property for sale. 
Defective paint surfaces either must be tested for lead content and 
abated as described in Sec. 35.24(b) of this title, if found to contain 
lead at concentrations equal to or exceeding levels specified in 
Sec. 35.24(b)(3) of this title, or, if not tested, the presence of 
lead-based paint shall be assumed and the defective paint surfaces 
abated as described in Sec. 35.24(b)(4) of this title. Abatement must 
be completed before delivery of the property to the purchaser or, if 
the disposition program under part 290 of this title provides for 
repairs to be performed by the purchaser, such treatment may be 
included in the required reports. Residential structures assisted under 
section 223(f) of the National Housing Act are to be inspected and 
treated as set forth in this paragraph.
    (c) * * * Testing shall be performed using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm2 or higher using an XRF shall be considered 
positive for presence of lead-based paint. If the laboratory reports 
the results in percent by weight, 0.5 percent or 5000 parts per million 
(ppm) shall be considered positive. * * * Treatment shall consist of 
covering or removal of the paint surface in accordance with 
Sec. 35.24(b)(4) of this title. Treatment shall be completed before 
delivery of the property to the purchaser, or, if the disposition 
program under part 290 of this title provides for repairs to be 
performed by the purchaser, such treatment may be included in the 
required repairs.
    (1) EBL child. In the case of a residential structure constructed 
before 1978, if HUD is presented with test results that indicate a 
child less than six years of age living in a unit has an elevated blood 
lead level or EBL, HUD must either:
    (i) Test or cause to be tested the unit occupied by the child, and, 
if such test is positive for lead-based paint, abate the unit surfaces 
in accordance with the methods set out in Sec. 35.24(b)(4) of this 
title; or
    (ii) If HUD chooses not to test the unit, HUD must abate all of the 
unit surfaces.
    (2) Abatement without testing. In lieu of the procedures set forth 
in paragraph (c) of this section, in the case of a residential 
structure constructed before 1978, HUD, at its option, may forego 
testing and abate all chewable surfaces in accordance with the methods 
set out in Sec. 35.24(b)(4) of this title.
* * * * *

PART 280--NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM

    16. The authority citation for part 280 would continue to read as 
follows:

    Authority: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).

    17. Section 280.207 would be amended by:
    a. Revising the second and third sentences in paragraph (e)(2)(i);
    b. Revising the introductory text of paragraph (e)(2)(ii);
    c. Removing the definitions for ``Applicable surface'' and 
``Defective paint surfaces'' in paragraph (e)(2)(ii);
    d. Revising the definitions for ``Chewable surface'', and 
``Elevated blood lead level or EBL'' in paragraph (e)(2)(ii);
    e. Adding the definition ``Defective paint surface'' in 
alphabetical order in paragraph (e)(2)(ii);
    f. Revising the second sentence in paragraph (e)(2)(iii); and
    g. Revising paragraphs (e)(2)(iv) and (v), to read as follows:


Sec. 280.207  Other Federal requirements.

* * * * *
    (e) * * *
    (2) (i) * * * This paragraph is promulgated under Sec. 35.24(b)(6) 
of this title and supersedes, with respect to assistance under this 
part, the requirements prescribed in part 35, subpart C, of this title. 
The requirements of this paragraph apply to structures that are 
occupied or are expected to be occupied by children less than six years 
of age.
    (ii) The following definitions apply to paragraph (e) of this 
section:
    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e. the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (iii) * * * If defective paint surfaces are found, treatment in 
accordance with Sec. 35.24(b)(4) of this title is required. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated before 1978, if the recipient is presented with test 
results that indicate that the family purchasing a home under the 
program includes a child less than six years of age who has an elevated 
blood lead level (EBL), the recipient must cause the unit to be tested 
for lead-based paint on chewable surfaces. Testing must be conducted by 
a State or local health or housing agency, by an inspector certified by 
a State or local health or housing agency, or by an association 
recognized by HUD. Lead content shall be tested by using an X-ray 
fluorescence analyzer (XRF) or by laboratory analysis of paint samples. 
Test readings of 1.0 mg/cm\2\ or higher shall be considered positive 
for the presence of lead-based paint. If the laboratory reports the 
results in percent by weight, the standard shall be 0.5 percent or 5000 
parts per million (ppm). Where lead-based paint on chewable surfaces is 
identified, covering or removal of the paint surface in accordance with 
Sec. 35.24(b)(4) of this title is required.
    (v) In lieu of the procedures set forth in paragraph (e)(2)(iv) of 
this section, the recipient may, at its discretion, abate all interior 
and exterior chewable surfaces in accordance with the methods set out 
in Sec. 35.24(b)(4) of this title.
* * * * *

PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY

    18. The authority citation for part 291 would be revised to read as 
follows:

    Authority: 12 U.S.C. 1709 and 1715b; 42 U.S.C. 1441, 1551a, and 
3535(d).

    19. Section 291.430 would be amended by revising the second and 
third sentences in paragraph (a); by removing the definitions of 
``Applicable surfaces'' and ``Defective paint surfaces'' in paragraph 
(b); by adding the definition of ``Defective paint surface'' in 
alphabetical order in paragraph (b); by revising the second sentence in 
paragraph (c); and by revising paragraph (d), to read as follows:


Sec. 291.430  Elimination of lead-based paint hazards.

    (a) * * * This section established procedures to eliminate, as far 
as practicable, the hazards of lead-based paint poisoning with respect 
to properties that may be occupied by children less than six years of 
age. This section is promulgated under Sec. 35.24(b)(6) of this title 
and supersedes, with respect to this program, the requirements 
prescribed in subpart C of part 35 of this title.
    (b) * * *
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
* * * * *
    (c) * * * If defective paint surfaces are found, treatment as 
required by Sec. 35.24(b)(4) of this title shall be completed by HUD 
before the sale or lease of the property.
    (d) Testing and treatment of painted surfaces. (1) If the lessee or 
purchaser knows or has reason to expect that the property will be 
occupied by homeless families with children less than six years of age, 
the lessee or purchaser must cause the unit to be tested for lead-based 
paint on all painted surfaces before initial occupancy. Testing must be 
conducted by a State or local health or housing agency, by an inspector 
certified or regulated by a State or local health or housing agency, or 
by an organization recognized by HUD. Lead content must be tested by 
using an X-ray fluorescence analyzer (XRF) or by laboratory analysis of 
paint samples. Test readings of 1 mg/cm\2\ or higher using an XRF shall 
be considered positive for the presence of lead-based paint. If the 
laboratory reports the test results in percent by weight, 0.5 percent 
or 5000 parts per million (ppm) shall be considered positive. Where 
lead-based paint is identified, the lessee or purchaser must cause all 
painted surfaces to be treated. Treatment must consist of covering or 
removal of the paint surface in accordance with Sec. 35.24(b)(4) of 
this title. If the lessee or purchaser certifies to HUD that the 
property will not be occupied by children less than six years of age, 
testing or treatment will not be required.
    (2) If a lessee or purchaser has reason to believe that a property 
contains lead-based paint on painted surfaces, the lessee or purchaser 
may, at its option, dispense with the testing procedure and proceed 
directly to treatment.
    (3) The lessee or purchaser may not allow the property to be 
occupied by children less than six years of age until proof of testing 
and, if necessary, treatment has been submitted to and reviewed by HUD.
* * * * *

PART 510--SECTION 312 REHABILITATION LOAN PROGRAM

    20. The authority citation for part 510 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1452b and 3535(d). Sec. 510.106 is also 
issued under 42 U.S.C. 3543.

    Section 510.410 would be amended by:
    a. Revising paragraph (b)(2)(v);
    b. Revising the first and third sentences of the introductory text 
in paragraph (c);
    c. Removing the definition of ``applicable surface'' and revising 
the definitions of ``chewable surface'', ``defective paint surface'', 
and ``elevated blood lead level or EBL'' in paragraph (c)(1);
    d. Revising the first sentence in paragraph (c)(2)(i); and
    e. Revising paragraphs (c)(2)(ii), (c)(2)(iii), and (c)(4), to read 
as follows:


Sec. 510.410  Lead-based paint.

* * * * *
    (b) * * *
    (2) * * *
    (v) Of the advisability and availability of blood lead level 
screening for children less than six years of age; and
* * * * *
    (c) Elimination of lead-based paint hazards. The purpose of this 
paragraph is to implement the provisions of section 302 of the Lead-
Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing 
procedures to eliminate as far as practicable the hazards due to the 
presence of paint that may contain lead and to which children less than 
six years of age may be exposed in existing housing that is 
rehabilitated with assistance provided under this part. * * * This 
paragraph is promulgated pursuant to the authorization granted in 
Sec. 35.24(b)(6) of this title and supersedes, with respect to all 
housing to which it applies, the requirements of part 35, subpart C, of 
this title. * * *
    (1) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age.
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (2) Inspection and testing--(i) Defective paint surfaces. The local 
agency shall inspect for defective paint surfaces in all units 
constructed before 1978 that are occupied by children less than six 
years of age and are proposed for rehabilitation assistance. * * *
    (ii) Chewable surfaces. The local agency shall be required to test 
the lead content of chewable surfaces if a child under six years of age 
with an identified EBL condition is part of the family residing in a 
unit that was constructed before 1978 and receives rehabilitation 
assistance. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm\2\ or higher shall be considered positive for 
presence of lead-based paint. If the laboratory reports the results in 
percent by weight, the standard shall be 0.5 percent or 5000 parts per 
million (ppm).
    (iii) Abatement without testing. In lieu of the procedures set 
forth in paragraph (c)(2)(ii) of this section, in the case of a 
residential structure constructed before 1978, the owner may forego 
testing and abate all chewable surfaces in accordance with the method 
set out in Sec. 35.24(b)(4) of this title.
* * * * *
    (4) Abatement methods. At a minimum, treatment of the defective 
areas and chewable lead-based paint surfaces shall consist of covering 
or removal of the painted surfaces as described in Sec. 35.24(b)(4) of 
this title.
* * * * *

PART 511--RENTAL REHABILITATION GRANT PROGRAM

    22. The authority citation for part 511 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437(o) and 3535(d).

    23. Section 511.15 would be amended by revising paragraph 
(b)(2)(v), the introductory text of paragraph (c), paragraphs (c)(1), 
(c)(2), (c)(3)(i), and (c)(4), to read as follows:


Sec. 511.15  Lead-based paint.

* * * * *
    (b) * * *
    (2) * * *
    (v) Of the advisability and availability of blood lead level 
screening for children less than six years of age; and
* * * * *
    (c) Elimination of lead-based paint hazards. The purpose of this 
paragraph is to implement the provisions of section 302 of the Lead-
Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing 
as far as practicable the hazards due to the presence of paint that 
might contain lead and to which children less than six years of age may 
be exposed in projects assisted under this part. The Secretary has 
promulgated requirements at part 35, subpart C of this title, regarding 
the elimination of lead-based paint hazards in HUD-associated housing.
    (1) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms per deciliter of whole blood) for single test or 15-19 
g/dl in two consecutive tests several months apart.
    Lead-based paint surface means a paint surface, whether or not 
defective, that is identified as having a lead content of greater than 
or equal to
1 mg/cm\2\ or 0.5 percent by weight or 5000 parts per million.
    (2) Inspection and testing--(i) Defective paint surfaces. The 
grantee or State recipient shall inspect for defective paint surfaces 
in all units constructed before 1978 that are occupied by families with 
children less than six years of age and that are proposed for 
rehabilitation assistance. Defective paint surfaces either must be 
tested for lead content or, if defective paint surfaces are not tested, 
the presence of lead-based paint shall be assumed and the surfaces 
shall be abated.
    (ii) Chewable surfaces. The grantee or State recipient shall be 
required to test the lead content of chewable surfaces if a child less 
than six years of age with an identified EBL condition is part of the 
family residing in a unit that was constructed before 1978 and receives 
rehabilitation assistance. Lead content shall be tested by using a 
portable X-ray fluorescence (XRF) analyzer or by laboratory analysis of 
paint samples.
    (iii) Abatement without testing. In lieu of the procedures set 
forth in Sec. 511.15(c)(2)(ii), in the case of a residential structure 
constructed before 1978, the grantee or State recipient may forego 
testing and abate all chewable surfaces in accordance with the methods 
set out in Sec. 35.24(b)(4) of this title.
    (3) Abatement actions. (i) When surfaces inspected under 
Sec. 511.15(c)(2)(i) are found to contain lead-based paint and when 
defective paint surfaces are found but not tested for lead content, all 
such surfaces shall be abated. If defective paint surfaces are tested 
for lead content, surfaces found to equal or exceed 1.0 milligrams of 
lead per square centimeter or 0.5 percent by weight or 5000 parts per 
million (ppm), shall be abated. A qualified inspector or laboratory 
shall certify in writing the precise results of the testing. Abatement 
shall be performed before final inspection and approval of the work.
* * * * *
    (4) Abatement methods. At a minimum, treatment of the defective 
area and chewable lead-based paint surfaces shall consist of covering 
or removal of the painted surface as described in Sec. 35.24(b)(4) of 
this title.
* * * * *

PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS

    24. The authority citation for part 570 would continue to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 5300-5320.

    25. Section 570.608 would be amended by:
    a. Revising paragraph (b)(2)(v);
    b. Revising the last sentence of the introductory text of paragraph 
(c), the first sentence in paragraph (c)(1), paragraphs (c)(1) (vi) and 
(vii), and (c)(2);
    c. Revising the first and third sentences in paragraph (c)(3) (i); 
and
    d. Revising paragraphs (c)(3) (ii) and (iii), (c)(4)(i), and 
(c)(5), to read as follows:


Sec. 570.608  Lead-based paint.

* * * * *
    (b) * * *
    (2) * * *
    (v) Of the advisability and availability of blood lead level 
screening for children less than six years of age; and
* * * * *
    (c) * * * This paragraph (c) is promulgated pursuant to the 
authorization granted in Sec. 35.24(b)(6) of this title and supersedes, 
with respect to all housing to which it applies, the requirements 
prescribed by part 35, subpart C of this title.
    (1) Applicability. This paragraph (c)(1) applies to the 
rehabilitation of all painted surfaces in existing housing that is 
assisted under this part. * * *
* * * * *
    (vi) Other similar types of single-purpose programs that do not 
include physical repairs or remodeling of any painted surfaces of 
residential structures; and
    (vii) Any non-single purpose rehabilitation that does not involve 
any painted surface and does not exceed $3000 per unit.
    (2) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms per deciliter of whole blood) for a single test or of 15-19 
g/dl in two consecutive tests several months apart.
    Lead-based paint surface means a paint surface, whether or not 
defective, that is identified as having a lead content greater than or 
equal to
1 mg/cm\2\.
    (3) Inspection and testing. (i) The grantee shall inspect for 
defective paint surfaces in all units constructed before 1978 that are 
occupied by families with children less than six years of age and that 
are proposed for rehabilita-
tion. * * * Defective paint surfaces either must be tested for lead 
content or, if defective paint surfaces are not tested, the presence of 
lead-based paint shall be assumed and the surfaces shall be abated.
    (ii) Chewable surfaces. The grantee shall be required to test the 
lead content of chewable surfaces if a child less than six years of age 
with an identified EBL condition is part of the family residing in a 
unit that was constructed before 1978 and receives rehabilitation 
assistance. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm\2\ or higher using an XRF shall be considered 
positive for presence of lead-based paint. If the laboratory reports 
the results in percent by weight the standard shall be 0.5 percent or 
5000 parts per million (ppm).
    (iii) Abatement without testing. In lieu of the procedures set 
forth in paragraph (c)(3)(ii) of this section, in the case of a 
residential structure constructed before 1978, the grantee may forego 
testing and abate all chewable surfaces in accordance with the methods 
set out in Sec. 35.24(b)(4) of this title.
    (4) Abatement actions. (i) When surfaces inspected under 
Sec. 570.608(c)(3)(i) are found to contain lead-based paint and when 
defective paint surfaces are found but not tested for lead content, all 
such surfaces shall be abated. If defective paint surfaces are tested 
for lead content, surfaces found to equal or exceed 1.0 milligrams of 
lead per square centimeter or 0.5 percent by weight or 5000 parts per 
million (ppm) shall be abated. A qualified inspector or laboratory 
shall certify in writing the precise results of the testing. Abatement 
shall be performed before final inspection and approval of the work.
* * * * *
    (5) Abatement methods. At a minimum, treatment of the defective 
areas and chewable lead-based paint surfaces shall consist of covering 
or removal of the painted surface as described in Sec. 35.24(b)(4) of 
this title.
* * * * *

PART 577--TRANSITIONAL HOUSING

    26. The authority citation for part 577 would be revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11386.

    27. Section 577.335 would be amended by:
    a. Revising the last two sentences of paragraph (d)(2)(i);
    b. Revising paragraph (d)(2)(ii);
    c. Revising the third sentence of paragraph (d)(2)(iii); and
    d. Revising paragraphs (d)(2)(iv) and (v), to read as follows:


Sec. 577.335  Applicability of other Federal requirements.

* * * * *
    (d) * * *
    (2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6) 
of this title and supersedes, with respect to the program, the 
requirements prescribed in part 35, subpart C, of this title. The 
requirements of this paragraph apply to structures that will be 
occupied by children less than six years of age.
    (ii) The following definitions apply to paragraph (d) of this 
section:
    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms per deciliter of whole blood) for a single test or of 15-19 
g/dl in two consecutive tests several months apart.
    Lead-based paint surface means a paint surface, whether or not 
defective, identified as having a lead content greater than or equal to 
1 mg/cm\2\.
    (iii) * * * If defective paint surfaces are found, treatment in 
accordance with Sec. 35.24(b)(4) of this title is required. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated before 1978, if the recipient is presented with test 
results that indicate that a child less than six years of age occupies 
the structure and has an elevated blood lead level (EBL), the recipient 
must cause the unit to be tested for lead-based paint on chewable 
surfaces. Testing must be conducted by a State or local health or 
housing agency, by an inspector certified or regulated by a State or 
local health or housing agency, or by an organization recognized by 
HUD. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm2 or higher using an XRF shall be considered 
positive for the presence of lead based paint. If the laboratory 
reports the results in percent by weight the standard shall be 0.5 
percent or 5000 parts per million (ppm). When lead-based paint on 
chewable surfaces is identified, covering or removal of the paint 
surface in accordance with Sec. 35.24(b)(4) of this title is required.
    (v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of 
this section, the recipient may, at its discretion, abate all interior 
and exterior chewable surfaces in accordance with Sec. 35.24(b)(4) of 
this title.
* * * * *

PART 578--PERMANENT HOUSING FOR HANDICAPPED HOMELESS PERSONS

    28. The authority citation for part 578 would be revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11386.

    29. Section 578.335(d)(2) would be amended by:
    a. Revising the last two sentences of paragraph (d)(2)(i);
    b. Removing the definitions for ``Applicable surface'' and 
``Defective paint surfaces'' in paragraph (d)(2)(ii);
    c. Revising the introductory text and the definitions for 
``Chewable surface'', and ``Elevated blood lead level or EBL'' in 
paragraph (d)(2)(ii), and adding a definition for ``Defective paint 
surface'' in alphabetical order;
    d. Revising the third sentence of paragraph (d)(2)(iii); and
    e. Revising paragraphs (d)(2)(iv) and (d)(2)(v), to read as 
follows:


Sec. 578.335  Applicability of other Federal requirements.

* * * * *
    (d) * * *
    (2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6) 
of this title and supersedes, with respect to the program, the 
requirements prescribed in part 35, subpart C, of this title. The 
requirements of this paragraph apply to structures that will be 
occupied by children less than six years of age.
    (ii) The following definitions apply to paragraph (d) of this 
section:
    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms per deciliter of whole blood) for a single test or of 15-19 
g/dl in two consecutive tests several months apart.
* * * * *
    (iii) * * * If defective paint surfaces are found, treatment in 
accordance
with Sec. 35.24(b)(4) of this title is re-
quired. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated before 1978, if the recipient is presented with test 
results that indicate that a child less than six years of age occupies 
the structure and has an elevated blood lead level (EBL), the recipient 
must cause the unit to be tested for lead-based paint on chewable 
surfaces. Testing must be conducted by a State or local health or 
housing agency, by an inspector certified or regulated by a State or 
local health or housing agency, or by an organization recognized by 
HUD. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm2 or higher using an XRF shall be considered 
positive for the presence of lead based paint. If the laboratory 
reports the results in percent by weight the standard shall be 0.5 
percent or 5000 parts per million (ppm). When lead-based paint on 
chewable surfaces is identified, covering or removal of the paint 
surface in accordance with Sec. 35.24(b)(4) of this title is required.
    (v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of 
this section, the recipient may, at its discretion, abate all interior 
and exterior chewable surfaces in accordance with Sec. 35.24(b)(4) of 
this title.
* * * * *

PART 579--SUPPLEMENTAL ASSISTANCE FOR FACILITIES TO ASSIST THE 
HOMELESS

    30. The authority citation for part 579 would be revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11301 note.

    31. Section 579.325 would be amended by:
    a. Revising the second and third sentences in paragraph (d)(2)(i);
    b. Removing the definitions of ``Applicable surface'' and 
``Defective paint surfaces'' in paragraph (d)(2)(ii);
    c. Revising the introductory text and the definitions of ``Chewable 
surface'' and ``Elevated blood level or EBL'', and adding a definition 
for ``Defective paint surface'' in alphabetical order in paragraph 
(d)(2)(ii);
    d. Revising the third sentence in paragraph (d)(2)(iii); and
    e. Revising paragraphs (d)(2)(iv) and (v), to read as follows:


Sec. 579.325  Applicability of other Federal requirements.

* * * * *
    (d) * * *
    (2)(i) * * * This paragraph is promulgated under 24 CFR 35.24(b)(6) 
and supersedes, with respect to the program, the requirements 
prescribed in 24 CFR part 35, subpart C. The requirements of this 
paragraph apply only to structures that will be occupied by children 
less than six years of age.
    (ii) The following definitions apply to paragraph (d) of this 
section:
    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (iii) * * * If defective paint surfaces are found, treatment in 
accordance with 24 CFR 35.24(b)(4) is required. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated before 1978, if the recipient is presented with test 
results that indicate that a child less than six years of age occupies 
the structure and has an elevated blood lead level (EBL), the recipient 
must cause the unit to be tested for lead-based paint on chewable 
surfaces. Testing must be conducted by a State or local health or 
housing agency, by an inspector certified or regulated by a State or 
local health or housing agency, or by an organization recognized by 
HUD. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm\2\ or higher shall be considered positive for the 
presence of lead-based paint. If the laboratory reports the results in 
percent by weight, the standard shall be 0.5 percent or 5,000 parts per 
million (ppm). Where lead-based paint on chewable surfaces is 
identified, covering or removal of the paint surface in accordance with 
24 CFR 35.24(b)(4) is required.
    (v) In lieu of the procedures set forth in paragraph (d)(2)(iv) of 
this section, the recipient may, at its discretion, abate all interior 
and exterior chewable surfaces in accordance with the methods set out 
at 24 CFR 35.24(b)(4).
* * * * *

PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--EXISTING 
HOUSING

    32. The authority citation for part 882 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d). Subpart H 
is also issued under 42 U.S.C. 11361 and 11401.

    33. Section 882.109 would be amended by:
    a. Revising the second sentence of paragraph (i)(1);
    b. Removing the definition of ``Applicable surface'' in paragraph 
(i)(2);
    c. Revising the definitions of ``Chewable surface'', ``Defective 
paint surface'' and ``Elevated blood lead level or EBL'' in paragraph 
(i)(2);
    d. Revising the first two sentences of paragraph (i)(3); and
    e. Revising paragraphs (i)(4) and (i)(5), to read as follows:


Sec. 882.109  Housing quality standards.

* * * * *
    (i) * * *
    (1) * * * This paragraph is promulgated under the authorization 
granted in Sec. 35.24(b)(6) of this title, and supersedes, with respect 
to all housing to which it applies, the requirements prescribed by part 
35, subpart C, of this title. * * *
    (2) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means a surface on which the paint is 
nonintact, i.e., the paint is cracking, scaling, chipping, peeling, or 
loose.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (3) Defective paint. In the case of a unit constructed before 1978 
that is for a family that includes a child less than six years of age, 
the initial inspection under Sec. 882.209(h)(1), and each periodic 
inspection under Sec. 882.211(b), shall include an inspection for 
defective paint surfaces. Defective paint surfaces either must be 
tested for lead content or, if defective paint surfaces are not tested, 
the presence of lead-based paint shall be assumed and the surfaces 
abated as required by Sec. 35.24(b) of this title, in accordance with 
Sec. 882.209(h) or Sec. 882.211 (b) and (c), as appro-
priate. * * *
    (4) Chewable surfaces. In the case of a unit constructed before 
1978 that is for a family that includes a child less than six years of 
age with an identified EBL condition, the initial inspection under 
Sec. 882.209(h)(1), or a periodic inspection under Sec. 882.211(b), 
shall include a test for lead-based paint on chewable surfaces. Testing 
shall be conducted by a State or local health or housing agency, by an 
inspector certified or regulated by a State or local health or housing 
agency, or by an organization recognized by HUD. Lead content shall be 
tested by using an X-ray fluorescence analyzer (XRF) or by laboratory 
analysis of paint samples. Test readings of 1 mg/cm\2\ or higher using 
an XRF shall be considered positive for the presence of lead-based 
paint. If the laboratory reports the results in percent by weight the 
standard shall be 0.5 percent or 5000 parts per million (ppm). When 
lead based paint on chewable surfaces is identified, covering or 
removal of the paint surface in accordance with Sec. 35.24(b)(4) of 
this title shall be required, in accordance with Sec. 882.209(h) or 
Sec. 882.211 (b) and (c), as appropriate, and correction shall be 
completed within the time limits set forth in paragraph (i)(3) of this 
section.
    (5) Abatement without testing. In lieu of the procedures set forth 
in paragraph (i)(4) of this section, at its discretion the PHA may 
forego testing and require the owner to abate all interior and exterior 
chewable surfaces in accordance with the method set out in 
Sec. 35.24(b)(4) of this title.
* * * * *
    34. Section 882.404 would be amended by:
    a. Revising the second and last sentences of paragraph (c)(1);
    b. Removing the definition of ``applicable surface'' and revising 
the definitions of ``chewable surface'', ``defective paint surface'', 
and ``elevated blood lead level or EBL'' in paragraph (c)(2);
    c. Revising the first two sentences of paragraph (c)(3); and
    d. Revising paragraphs (c) (4) and (5), to read as follows:


Sec. 882.404  Housing quality standards.

* * * * *
    (c) Lead-based paint. (1) * * * This paragraph (c)(1) is 
promulgated under the authorization granted in Sec. 35.24(b)(6) of this 
title and supersedes, with respect to all housing to which it applies, 
the requirements prescribed by part 35, subpart C of this title. * * * 
This section does not apply to projects for the elderly or handicapped 
(except for units housing children less than six years of age).
    (2) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (3) Defective paint. In the case of a unit constructed before 1978 
that is for a family that includes a child less than six years of age, 
the initial inspection under Sec. 882.504(a), and each periodic 
inspection under Sec. 882.516(b), shall include an inspection for 
defective paint surfaces. Defective paint surfaces either must be 
tested for lead content or, if defective paint surfaces are not tested, 
the presence of lead-based paint shall be assumed and abatement of the 
surfaces as required by Sec. 35.24(b) of this title shall be included 
in the specific work items referred to in Sec. 882.504(a) or required 
as corrective action pursuant to Sec. 882.516(c), as appropriate. * * *
    (4) Chewable surfaces. If a proposal is submitted with respect to a 
unit constructed before 1978 that is occupied by a family that includes 
a child less than six years of age with an identified EBL condition, 
the PHA shall cause the unit to be tested for lead-based paint on 
chewable surfaces. Testing shall be conducted by a State or local 
health or housing agency, by an inspector certified or regulated by a 
State or local health or housing agency, or by an organization 
recognized by HUD. Lead content shall be tested by using an X-ray 
fluorescence analyzer (XRF) or by laboratory analysis of paint samples. 
Test readings of 1 mg/cm\2\ or higher using an XRF shall be considered 
positive for presence of lead-based paint. If the laboratory reports 
the results in percent by weight 0.5 percent or 5000 parts per million 
(ppm) is the standard. When lead-based paint on chewable surfaces is 
identified at initial inspection, covering or removal of the paint 
surface in accordance with Sec. 35.24(b)(4) of this title shall be 
included in the specific work items referred to in Sec. 882.504(a). 
When lead-based paint on chewable surfaces is discovered at periodic 
inspection, covering or removal of the paint surface in accordance with 
Sec. 35.24(b)(4) of this title shall be completed within the time 
limits set forth in paragraph (c)(3) of this section.
    (5) Abatement without testing. In lieu of the procedures set forth 
in paragraph (c)(4) of this section, at its discretion the PHA may 
forego testing and require the abatement of all interior and exterior 
chewable surfaces in accordance with Sec. 35.24(b)(4) of this title.
* * * * *
    35. Section 882.514 would be amended by:
    a. Removing the word ``and'' at the end of paragraph (d)(1)(iv), 
changing the period to a semicolon and adding the word ``and'' at the 
end of paragraph (d)(1)(v);
    b. Adding a new paragraph (d)(1)(vi); and
    c. Removing paragraph (d)(2)(vi), to read as follows:


Sec. 882.514  Family participation.

* * * * *
    (d) * * *
    (1) * * *
    (vi) The advisability and availability of blood lead level 
screening for children less than six years of age and HUD's 
requirements for inspecting, testing, and, in certain circumstances, 
abating lead-based paint.
* * * * *
    36. Section 882.753(d)(6) would be revised to read as follows:


Sec. 882.753  Family participation.

* * * * *
    (d) * * *
    (6) The advisability and availability of blood lead level screening 
for children less than six years of age, and HUD's requirements for 
inspecting, testing, and, in certain circumstances, abating lead-based 
paint; and
* * * * *

PART 885--LOANS FOR HOUSING FOR THE ELDERLY OR HANDICAPPED

    37. The authority citation for part 885 would continue to read as 
follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f and 3535(d).

    38. Section 885.740 would be amended by:
    a. Revising paragraph (f)(1) and the second sentence of paragraph 
(f)(2)(i);
    b. Removing the definitions of ``Applicable surface'' and 
``Defective paint surfaces'' and revising the introductory text and the 
definitions of ``Chewable surface'', and ``Elevated blood lead level or 
EBL'' in paragraph (f)(2)(ii);
    c. Adding the definition of ``Defective paint surface'' in 
alphabetical order in paragraph (f)(2)(ii);
    d. Revising the second sentence of paragraph (f)(2)(iii); and
    e. Revising paragraphs (f)(iv), (f)(v) and (f)(vi), to read as 
follows:


Sec. 885.740  Other Federal requirements.

* * * * *
    (f) * * *
    (1) The requirements of the Lead-Based Paint Poisoning Prevention 
Act (42 U.S.C. 4821-4846) and implementing regulations at part 35 of 
this title (except as superseded in paragraph (f)(2) of this section) 
apply to the dwellings (except zero-bedroom dwelling units) in housing 
assisted under this subpart that was constructed or substantially 
rehabilitated before 1978 and in which any child less than six years of 
age resides or is expected to reside.
    (2)(i) * * * This paragraph (f)(2)(i) is promulgated under 
Sec. 35.24(b)(6) of this title and supersedes, with respect to the 
program, the requirements prescribed in part 35, subpart C, of this 
title.
    (ii) The following definitions apply to paragraph (f) of this 
section: Chewable surface means any intact protruding painted surface 
up to five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (iii) * * * Defective paint surfaces either must be tested for lead 
content or, if defective paint surfaces are not tested, the presence of 
lead-based paint shall be assumed and the surfaces abated in accordance 
with Sec. 35.24(b) of this
title. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated before 1978, if the Borrower is presented with test 
results that indicate that a child under the age of six years occupies 
the structure and has an elevated blood lead level (EBL), the Borrower 
must cause the unit to be tested for lead-based paint on chewable 
surfaces. Testing must be conducted by a State or local health or 
housing agency, by an inspector certified or regulated by a State or 
local health or housing agency, or by an organization recognized by 
HUD. Lead content shall be tested by using an X-ray fluorescence 
analyzer (XRF) or by laboratory analysis of paint samples. Test 
readings of 1 mg/cm2 or higher using an XRF shall be considered 
positive for the presence of lead-based paint. If the laboratory 
reports the results in percent by weight 0.5 percent or 5000 parts per 
million (ppm) is the standard. When lead-based paint on chewable 
surfaces is identified, covering or removal of the paint surface in 
accordance with Sec. 35.24(b)(4) of this title is required.
    (v) When abatement will result from rehabilitation activities 
planned (i.e., when all defective paint or chewable surfaces will be 
replaced, covered, or otherwise abated as described in this part), 
these surfaces need not be tested.
    (vi) In lieu of the procedures set forth in paragraph (f)(2)(v) of 
this section, at its discretion the Borrower may abate all interior and 
exterior chewable surfaces in accordance with the methods set out in 
Sec. 35.24(b)(4) of this title.
* * * * *

PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL 
ALLOCATIONS

    39. The authority citation for part 886 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d).

    40. Section 886.113 would be amended by:
    a. Revising the second and sixth sentences in paragraph (i)(1);
    b. Removing the definition of ``Applicable surface'' and revising 
the definitions for ``Chewable surface'', ``Defective paint surface'', 
and ``Elevated blood lead level or EBL'' in paragraph (i)(2);
    c. Revising the second sentence in paragraph (i)(3); and
    d. Revising paragraph (i)(4), to read as follows:


Sec. 886.113  Housing quality standards.

* * * * *
    (i) * * *
    (1) * * * This paragraph (i)(1) is promulgated under the 
authorization granted in Sec. 35.24(b)(6) of this title and supersedes, 
with respect to all housing to which it applies, the requirements 
prescribed by part 35, subpart C of this title. * * * This section does 
not apply to projects for the elderly or handicapped (except for units 
housing children less than six years of age).
    (2) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (3) * * * Defective paint surfaces either must be tested for lead 
content or, if defective paint surfaces are not tested, the presence of 
lead-based paint shall be assumed and the surfaces abated in accordance 
with Sec. 35.24(b) of this title as a condition of satisfaction of the 
requirements of Sec. 886.107(c).
    (4)(i) Chewable surfaces. In the case of a residential structure 
constructed before 1978, a random sample of dwelling units shall be 
tested for lead-based paint on chewable surfaces in accordance with 
Sec. 200.820(c)(1) of this title. Testing shall be performed using an 
X-ray fluorescence analyzer (XRF) or by laboratory analysis of paint 
samples. Test readings of 1 mg/cm\2\ or higher using an XRF shall be 
considered positive. If the laboratory reports the results in percent 
by weight, 0.5 percent or 5000 parts per million shall be considered 
positive. Testing of chewable surfaces shall be performed by a State or 
local health or housing agency, or by an organization recognized by 
HUD. The testing entity shall certify to the results of the test. The 
owner shall be responsible for obtaining these testing services. Where 
lead-based paint on chewable surfaces is identified, the entire 
interior or exterior chewable surface shall be treated. Covering or 
removal of the paint surface in accordance with Sec. 35.24(b)(4) of 
this title shall be required as a condition of satisfaction of the 
requirements of Sec. 886.107(c).
    (ii) EBL child. In the case of a residential structure constructed 
before 1978, if the owner is presented with test results that indicate 
a child less than six years of age living in a unit has an elevated 
blood lead level or EBL, the owner must either test the unit occupied 
by the child and, if the test is positive for lead-based paint, abate 
the unit surfaces in accordance with the methods set out in 
Sec. 35.24(b)(4), or choose not to test, but then abate all the unit 
surfaces.
    (iii) Abatement without testing. In lieu of the procedures set 
forth in paragraphs (i)(3) and (4) of this section, in the case of a 
residential structure constructed before 1978, the owner may forego 
testing and abate all defective and chewable surfaces in accordance 
with the methods set out in Sec. 35.24(b)(4) of this title.
* * * * *

PART 887--HOUSING VOUCHERS

    The authority citation for part 887 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437(f), and 3535(d).

    42. Section 887.251 would be amended by:
    a. Revising the second sentence in paragraph (i)(1);
    b. Removing the definition of ``Applicable surface'' and revising 
the definitions of ``Chewable surface'', ``Defective paint surface'', 
and ``Elevated blood level of EBL'' in paragraph (i)(2);
    c. Revising the first and second sentences in paragraph (i)(3); and
    d. Revising paragraphs (i)(4) and (i)(5), to read as follows:


Sec. 887.251  Housing quality standards (HQS).

* * * * *
    (i) * * *
    (1) * * * This paragraph is promulgated under the authorization 
granted in Sec. 35.24(b)(6) of this title and supersedes, with respect 
to all housing to which it applies, the requirements prescribed by part 
35, subpart C of this title. * * *
    (2) Definitions--Chewable surface means any intact protruding 
painted surface up to five feet from the floor or ground that is 
readily accessible to children less than six years of age (e.g., 
protruding corners, windowsills and frames, doors and frames, and other 
protruding woodwork).
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 34.3 of this title.
* * * * *
    (3) Defective paint. In the case of a unit constructed before 1978 
that is for a family that includes a child less than six years of age, 
the initial inspection under Sec. 887.207(c), and each periodic 
inspection under Sec. 887.257, shall include an inspection for 
defective paint surfaces. If defective paint surfaces are found, 
treatment as required by Sec. 35.24(b)(4) of this title shall be 
required, in accordance with Secs. 887.207(c) or 887.257, as appro-
priate. * * *
    (4) Chewable surfaces. In the case of a unit constructed before 
1978 that is for a family that includes a child less than six years of 
age with an identified EBL condition, the initial inspection under 
Sec. 887.207(c), or a periodic inspection under Sec. 887.257, shall 
include a test for lead-based paint on chewable surfaces. Testing shall 
be conducted by a State or local health or housing agency, an inspector 
certified or regulated by a State or local health or housing agency, or 
an organization recognized by HUD. Lead content shall be tested using 
an X-ray fluorescence analyzer (XRF) or other method approved by HUD. 
Test readings of 1 mg/cm\2\ or higher shall be considered positive for 
the presence of lead-based paint. If the laboratory reports the test 
results in percent by weight, 0.5 percent or 5000 parts per million 
(ppm) shall be considered positive. When lead-based paint on chewable 
surfaces is identified, covering or removal of the paint surface in 
accordance with Sec. 35.24(b)(4) of this title shall be required in 
accordance with Secs. 887.207(c) or 887.257, as appropriate, and 
correction shall be completed within the time limits in paragraph 
(i)(3) of this section.
    (5) Abatement without testing. In lieu of the procedures set forth 
in paragraph (i)(4) of this section, at its discretion the PHA may 
forego testing and require the owner to abate all interior and exterior 
chewable surfaces in accordance with the method set out in 
Sec. 35.24(b)(4) of this title.
* * * * *

PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES

    43. The authority citation for part 890 would be revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 8013.

    44. Section 890.260 would be amended by:
    a. Revising paragraph (f)(1)(ii);
    b. Revising the second sentences of paragraphs (f)(2)(i) and (iii);
    c. Removing the definitions of ``Applicable surface'' and 
``Defective paint surfaces'' and revising the introductory text and the 
definitions of ``Chewable surface'', and ``Elevated blood lead level or 
EBL'' in paragraph (f)(2)(ii);
    d. Adding the definition ``Defective paint surface'' in 
alphabetical order in paragraph (f)(2)(ii); and
    e. Revising paragraphs (f)(2)(iv), (v) and (vi), to read as 
follows:


Sec. 890.260  Other Federal requirements.

* * * * *
    (f) * * *
    (1) * * *
    (ii) In which any child less than six years of age resides or is 
expected to reside.
    (2)(i) * * * This paragraph is promulgated under Sec. 35.24(b)(6) 
and supersedes, with respect to the program, the requirements 
prescribed in part 35, subpart C, of this title.
    (ii) The following definitions apply to paragraph (f) of this 
section:
    Chewable surface means any intact protruding painted surface up to 
five feet from the floor or ground that is readily accessible to 
children less than six years of age (e.g., protruding corners, 
windowsills and frames, doors and frames, and other protruding 
woodwork).
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    (iii) * * * Defective paint surfaces either must be tested for lead 
content or, if defective paint surfaces are not tested, the presence of 
lead-based paint shall be assumed and the surfaces abated in accordance 
with Sec. 35.24(b)(4) of this title. * * *
    (iv) In the case of a structure constructed or substantially 
rehabilitated prior to 1978, if the Owner is presented with test 
results that indicate that a child less than six years of age occupies 
the structure and has an elevated blood lead level (EBL), the Owner 
must cause the unit to be tested for lead-based paint on chewable 
surfaces. Testing shall be conducted by a State or local health or 
housing agency, an inspector certified or regulated by a State or local 
health or housing agency, or an organization recognized by HUD. Lead 
content shall be tested using an X-ray fluorescence analyzer (XRF) or 
other method approved by HUD. Test readings of 1 mg/cm\2\ or higher 
shall be considered positive for the presence of lead-based paint. If 
the laboratory reports the test results in percent by weight, 0.5 
percent or 5000 parts per million (ppm) shall be considered positive. 
When lead-based paint on chewable surfaces is identified, covering or 
removal of the paint surface in accordance with Sec. 35.24(b)(4) of 
this title is required.
    (v) When abatement will result from rehabilitation activities 
planned (i.e., when all defective or chewable surfaces will be 
replaced, covered, or otherwise abated as described in this part), 
these surfaces do not have to be tested.
    (vi) In lieu of the procedures set forth in the preceding clause, 
at its discretion the Owner may abate all interior and exterior 
chewable surfaces in accordance with the methods set out in 
Sec. 35.24(b)(4) of this title.
* * * * *

PART 905--INDIAN HOUSING PROGRAMS

    45. The authority citation for part 905 would be revised to read as 
follows:

    Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437a-1, 1437aa, 1437bb, 
1437c, 1437cc, 1437ee, and 3535(d).

    46. Section 905.102 would be amended by removing the definition of 
``Applicable surface'' and revising the definitions of ``Chewable 
surface'', ``Defective lead-based paint surface'', ``Defective paint 
surface'', and ``Elevated blood lead level or EBL'', to read as 
follows:


Sec. 905.102  Definitions.

* * * * *
    Chewable surface. Any intact protruding painted surface up to five 
feet from the floor or ground that is readily accessible to children 
less than six years of age (e.g., protruding corners, windowsills and 
frames, doors and frames, and other protruding woodwork).
* * * * *
    Defective lead-based paint surface. A surface having paint that has 
a lead content of at least 1 mg/cm\2\ and that is cracking, scaling, 
chipping, peeling, or loose.
    Defective paint surface. A surface on which the paint is nonintact, 
i.e. the paint is cracking, scaling, chipping, peeling, or loose.
* * * * *
    Elevated blood lead level or EBL. Excessive absorption of lead is a 
confirmed concentration of lead in whole blood of 20 g/dl 
(micrograms per deciliter of whole blood) for a single test or of 15-19 
g/dl in two consecutive tests several months apart.
* * * * *
    47. The last sentence in Sec. 905.551 would be revised to read as 
follows:


Sec. 905.551  Purpose and applicability.

    * * * This subpart is promulgated in accordance with the 
authorization granted in Sec. 35.24(b)(4) of this title and supersedes, 
with respect to all housing to which it applies, the requirements 
prescribed by part 35, subpart C, of this title.
    48. Section 905.553(a) would be revised to read as follows:


Sec. 905.553  Testing and abatement applicable to development.

    (a) Pre-acquisition testing. With respect to development, all 
existing properties constructed before 1978 (or substantially 
rehabilitated before 1978) and proposed to be acquired for family 
projects (whether or not they will need rehabilitation) shall be tested 
for lead-based paint on all interior and exterior painted surfaces.
* * * * *
    49. Section 905.555 would be amended by revising the first sentence 
in paragraph (a)(2) and the second sentence in paragraph (d), to read 
as follows:


Sec. 905.555  Testing and abatement applicable to modernization.

    (a) * * *
    (2) Special Purpose. The requirements for lead-based paint testing 
and abatement apply to the following three categories of special 
purpose modernization: vacant unit reduction; accessibility for 
handicapped (for any dwelling in such housing in which any child less 
than six years of age resides or is expected to reside); and cost-
effective energy efficiency measures. * * *
* * * * *
    (d) * * * Abatement within a comprehensive and homeownership 
modernization project should be prioritized in relation to the 
immediacy of the hazards to children less than six years of age.
* * * * *
    50. Section 905.560 would be amended by revising the first sentence 
of paragraph (a)(6) and the heading and first sentence of paragraph 
(b), to read as follows:


Sec. 905.560  Notification.

    (a) * * *
    (6) Of the advisability and availability of blood lead level 
screening for children less than six years of age. * * *
    (b) Lead-based paint hazard notification for applicants and 
prospective purchasers. A notice of the dangers of lead-based paint 
poisoning and a notice of the advisability and availability of blood 
lead level screening for children less than six years of age shall be 
provided to every applicant family at the time of application. * * *
* * * * *
    51. The second sentence of Sec. 905.565 would be revised to read as 
follows:


Sec. 905.565  Maintenance obligation; defective paint surfaces.

    * * * If defective paint surfaces are found, covering or removal of 
the defective paint spots as described in Sec. 35.24(b)(4) of this 
title shall be required. * * *
    52. Section 905.570 would be amended by revising paragraphs (a)(1), 
(b), and (d)(1)(ii); the heading in paragraph (d)(1)(iii); and the 
second sentence in paragraph (d)(2), to read as follows:


Sec. 905.570  Procedures involving EBLs.

    (a) * * *
    (1) Test for lead-based paint all surfaces in the unit and all 
interior and exterior painted surfaces of any IHA-owned and operated 
child care facility, if used by the EBL child, and abate the surfaces 
found to contain lead-based paint. Testing of exterior and interior 
common areas (including nondwelling IHA facilities that are commonly 
used by the EBL child less than six years of age) will be done as 
considered necessary and appropriate by the IHA and HUD; or
* * * * *
    (b) Procedures when a nonresident child using an IHA-owned or 
operated child care facility has an EBL. When a nonresident child using 
an IHA-owned or operated child care facility has been identified as 
having an EBL, the IHA shall test all interior and exterior painted 
surfaces of the IHA-owned or operated facility and abate the surfaces 
found to contain lead-based paint.
* * * * *
    (d) * * *
    (1) * * *
    (ii) IHA-owned or operated child care facility used by a child with 
an EBL. Any interior or exterior painted surface found to contain lead-
based paint shall be treated.
    (iii) Interior common areas (including nondwelling IHA facilities 
that are commonly used by EBL children less than six years of age) and 
exterior surfaces of projects in which children with EBLs reside. * * *
    (2) * * * Certain prohibited abatement methods are set forth in 
Sec. 35.24(b)(4) of this title. * * *
* * * * *

PART 491--PUBLIC HOUSING DEVELOPMENT

    53. The authority citation for part 941 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437b, 1437c, 1437(g), and 3535(d).

    54. The first sentence in Sec. 941.208(h) would be revised to read 
as follows:


Sec. 941.208  Other Federal requirements.

* * * * *
    (h) Lead-based paint. All existing properties constructed before 
1978 (or substantially rehabilitated before 1978) and proposed to be 
acquired for family projects (whether or not they need rehabilitation) 
under this part, including those proposed for Major Reconstruction of 
Obsolete Projects (MROP) grants, shall be tested for lead-based paint 
on all interior or exterior painted surfaces.
* * * * *

PART 961--PUBLIC HOUSING DRUG ELIMINATION PROGRAM

    55. The authority citation for part 961 would continue to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11901 et seq.

    56. Section 961.29 would be amended by:
    a. Revising the second sentence of the introductory text of 
paragraph (e);
    b. Removing paragraph (e)(2) and redesignating paragraph (e)(3) as 
paragraph (e)(2);
    c. Revising paragraphs (e)(2)(ii) and (iii), as redesignated, to 
read as follows:


Sec. 961.29  Other Federal requirements.

* * * * *
    (e) * * * This section is promulgated pursuant to the authority 
granted in Sec. 35.24(b)(6) of this title and supersedes, with respect 
to all housing to which it applies, the requirements (not including 
definitions) prescribed by part 35, subpart C of this title.
* * * * *
    (2) * * *
    (ii) Other similar types of single-purpose programs that do not 
involve physical repairs or remodeling of painted surfaces of 
residential structures; or
    (iii) Any non-single purpose rehabilitation that does not involve 
painted surfaces and that does not exceed $3,000 per unit.
* * * * *

PART 965--PHA-OWNED OR LEASED PROJECTS--MAINTENANCE AND OPERATION

    57. The authority citation for part 965 would be revised to read as 
follows:

    Authority: 42 U.S.C. 1437, 1437a, 1437d, 1437g, 3535(d). Subpart 
H is also issued under 42 U.S.C. 4821-4846.

    58. The last sentence in Sec. 965.701 would be revised to read as 
follows:


Sec. 965.701  Purpose and applicability.

    * * * This subpart is promulgated pursuant to the authorization 
granted in Sec. 35.24(b)(6) in this title and supersedes, with respect 
to all housing to which it applies, the requirements prescribed by part 
35, subpart C of this title.
    59. Section 965.702 would be amended by removing the definition of 
``Applicable surface'' and revising the definitions of ``Defective 
lead-based paint surface'', ``Defective paint surface'', and ``Elevated 
blood lead level or EBL'', to read as follows:


Sec. 965.702  Definitions.

    Defective lead-based paint surface. A surface having paint that has 
a lead content of at least 1 mg/cm\2\ and is cracking, scaling, 
chipping, peeling, or loose.
    Defective paint surface means the same as the term is defined in 
Sec. 35.22 of this title.
    Elevated blood lead level or EBL means the same as the term is 
defined in Sec. 35.3 of this title.
* * * * *
    60. Section 965.703 would be amended by:
    a. Designating paragraph (a) introductory text as paragraph (a)(1) 
and redesignating paragraphs (1) through (6) as paragraphs (a)(1) (i) 
through (vi);
    b. Revising newly designated paragraph (a)(1)(vi);
    c. Designating the concluding paragraph in paragraph (a) as 
paragraph (a)(2); and
    d. Revising the heading and first sentence of paragraph (b), to 
read as follows:


Sec. 965.703  Notification.

    (a) * * *
    (vi) Of the advisability and availability of blood lead level 
screening for children less than six years of age.
* * * * *
    (b) Lead-based paint hazard notification for applicants and 
prospective purchasers. A notice of the dangers of lead-based paint 
poisoning and a notice of the advisability and availability of blood 
lead level screening for children less than six years of age shall be 
provided to every applicant family at the time of the application. * * 
*
* * * * *
    61. The second sentence of Sec. 965.704 would be revised to read as 
follows:


Sec. 965.704  Maintenance obligation.

    * * * Defective paint surfaces either must be tested for lead 
content or, if defective paint surfaces are not tested, the presence of 
lead-based paint shall be assumed and the surfaces abated in accordance 
with Sec. 35.24(b)(4) of this title. * * *
    62. Section 965.706 would be amended by:
    a. Revising paragraphs (a) and (b);
    b. Revising the fifth sentence in paragraph (c);
    c. Revising the second sentence in paragraph (d)(1)(ii);
    d. Revising the first sentence in paragraph (d)(1)(iii); and
    e. Revising the second sentence in paragraph (d)(2), to read as 
follows:


Sec. 965.706  Procedures involving EBLs.

    (a) Procedures when a current resident child has an EBL. When a 
child residing in a PHA-owned low income family project has been 
identified as having an EBL, the PHA shall: (1) Test for lead-based 
paint all painted surfaces in the unit and at the PHA-owned or operated 
child care facility, if used by the EBL child, and abate the surfaces 
found to contain lead-based paint. Testing of exteriors and interior 
common areas (including nondwelling PHA facilities that are commonly 
used by the EBL child less than six years of age) will be done as 
considered necessary and appropriate by the PHA and HUD; or
    (2) Assign the family to a post-1978 or previously tested unit that 
was found to be free of lead-based paint hazards or in which such 
hazards have been abated as described in this section.
    (b) Procedures when a nonresident child using a PHA-owned or 
operated child care facility has an EBL. When a nonresident child using 
a PHA-owned or operated child care facility has been identified as 
having an EBL, the PHA shall test all painted surfaces of the PHA-owned 
or operated child care facility and abate the surfaces found to contain 
lead-based paint.
    (c) * * * If the results equal or exceed a level of 1 mg/cm\2\ or 
0.5 percent by weight or 5,000 parts per million (ppm), the results 
shall be provided to the tenant or the family of the EBL child using 
PHA-owned or operated child care facilities. * * *
    (d) * * *
    (1) * * *
    (ii) * * * Any painted surface found to contain lead-based paint 
shall be treated.
    (iii) Interior common areas (including nondwelling PHA facilities 
that are commonly used by EBL children less than six years of age) and 
exterior surfaces of developments in which children with EBLs reside. * 
* *
    (2) * * * Certain prohibited abatement methods are set forth in 
Sec. 35.24(b)(4) of this title. * * *

PART 968--PUBLIC HOUSING MODERNIZATION

    63. The authority citation for part 968 would continue to read as 
follows:

    Authority: 42 U.S.C. 1437d, 1437l and 3535(d).

    64. Section 968.110 would be amended by revising the first sentence 
in paragraph (k)(1)(ii) and the second sentence of paragraph (k)(4), to 
read as follows:


Sec. 968.110  Other program requirements.

* * * * *
    (k) * * *
    (1) * * *
    (ii) The requirements for lead-based paint testing and abatement 
apply to the following three categories of special purpose 
modernization: vacant unit reduction; accessibility for handicapped 
(and any dwelling in such housing in which any child who is less than 
six years of age resides or is expected to reside); and cost-effective 
energy efficiency measures. * * *
* * * * *
    (4) * * * Abatement within a comprehensive and homeownership 
modernization project should be prioritized in relation to the 
immediacy of the hazards to children less than six years of age.
* * * * *
    Dated: April 26, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-11400 Filed 5-11-94; 8:45 am]
BILLING CODE 4210-32-P