[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Notices]
[Pages 18285-18287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8526]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4673-N-01]


Lead Safe Housing: Notice of Extension of Transition Assistance 
Period to Certain Jurisdictions

AGENCY: Office of Healthy Homes and Lead Hazard Control, HUD.

ACTION: Notice.

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SUMMARY: This notice advises the public of a direct notice that HUD 
issued on March 5, 2001, to jurisdictions which previously submitted a 
transition implementation plan to advise these jurisdictions of how 
they may obtain an additional time period to build capacity to comply 
with HUD's Lead Safe Housing Regulation.

DATE: Effective Date. March 5, 2001.

[[Page 18286]]


FOR FURTHER INFORMATION CONTACT: Further information on lead-based 
paint regulation transition assistance (including a sample transition 
implementation plan matrix), training courses, and related issues is 
available at www.hud.gov/offices/lead. A list of the phone numbers for 
EPA Regional Lead Coordinators is available at www.epa.gov/lead/leadoff1.htm or through the Lead Paint Compliance Assistance Center at 
the number below. (The 15 States and two territories that do not have a 
lead certification program as of March 8, 2001, are: AK, AZ, FL, GU, 
HI, ID, MT, NE, NV, NM, NY, ND, SC, SD, VI, WA, WY.) Questions may be 
directed to the Lead Paint Compliance Assistance Center toll-free at 1-
866-HUD-1012. (Note: Some local telephone exchanges may have difficulty 
accessing this phone number. In such a case, you should contact your 
local telephone operator for toll-free access).

SUPPLEMENTARY INFORMATION: On March 5, 2001, HUD issued a direct notice 
to jurisdictions which previously submitted a transition implementation 
plan to advise these jurisdictions of how they may obtain an additional 
time period to build capacity to comply with HUD's Lead Safe Housing 
Regulation. For those jurisdictions requesting more time, the March 5, 
2001 notice provides that an updated transition implementation plan 
must be submitted to HUD no later than April 10, 2001. An automatic 
extension of the existing transition assistance period from March 15, 
2001 to April 10, 2001 is in effect to ensure that jurisdictions have 
enough time to update their Transition Implementation Plans. No 
submittal is needed to cover the time period from March 15, 2001 to 
April 10, 2001. HUD provides this additional time to promote 
coordination among state and local agencies. The March 5, 2001 notice 
advises that during this period, program participants must continue to 
comply with HUD's lead-based paint regulations that were effective 
before September 15, 2000. HUD will assume that a jurisdiction that 
does not submit an updated transition assistance plan has the capacity 
to comply with HUD's new lead-based paint regulation at 24 CFR part 35. 
HUD will issue a notice prior to August 10, 2001 to address any 
remaining capacity shortfalls.

Background

    On September 15, 1999 (64 FR 50140), HUD published a new regulation 
amending 24 CFR part 35 to streamline, modernize and consolidate all 
lead-based paint requirements in federally-assisted housing and housing 
being sold by the federal government to ensure that children are 
adequately protected from lead poisoning. The regulation took effect 
one year later, on September 15, 2000, to enable those covered by the 
regulation to prepare for its implementation. On September 11, 2000 
(just before the effective date), HUD published a policy to aid in the 
transition to the new regulation. That policy provided a 6-month 
transition period to those jurisdictions that submitted a Statement of 
Inadequate Capacity and a Transition Implementation Plan to HUD. The 
submissions documented the jurisdictions' need to build capacity to 
meet the rule's requirements. See HUD's September 11, 2000 notice at 65 
FR 54858, for further details on HUD's lead-based paint transition 
assistance policy.
    In response to state and local requests, HUD has funded a variety 
of training and is currently conducting over 200 training courses in 
100 jurisdictions to build capacity in lead-safe work practices for 
workers performing rehabilitation or maintenance in Federally-assisted 
housing. In addition, many jurisdictions have conducted their own 
training to build capacity as needed.

Transition Assistance

    HUD's current transition assistance period expired on March 15, 
2001. Despite substantial progress since the regulation took effect on 
September 15, 2000, there may still remain some jurisdictions that lack 
capacity in one or more disciplines, in one or more programs. 
Therefore, HUD concluded that compliance is still not feasible for 
certain specified programs when jurisdictions provide an acceptable 
updated Transition Implementation Plan.
    The updated Transition Implementation Plan must demonstrate good 
faith efforts to build capacity and include all of the following:
    (1) A list of programs where compliance is now feasible.
    (2) A list of disciplines (e.g., lead-safe maintenance worker, 
rehabilitation worker, risk assessor, sampling technician, abatement 
worker) where capacity is now adequate.
    (3) A statement that capacity is not adequate to comply with the 
regulation, listing the applicable program and discipline.
    (4) A date by which compliance is expected to be feasible that is 
not later than August 10, 2001.
    (5) An updated Transition Implementation Plan matrix including the 
number of individuals currently available and needed for each 
discipline and program area.
    (6) A short narrative description of activities undertaken to 
coordinate with the state lead paint certifying agency (or, in states 
without a lead certification program, with the applicable EPA Regional 
Lead Coordinator), and/or health departments, including a statement 
that the certifying agency was contacted for a list of certified 
persons (if such persons were needed).
    (7) A short narrative description of how the jurisdiction will link 
trained individuals to housing programs.
    (8) A short narrative description of activities undertaken to 
coordinate resources in nearby jurisdictions.
    (9) A list of all training activities that have been or will be 
completed as of April 10, 2001, including the number of people trained 
in each discipline and their names.
    (10) A list of training courses that are scheduled in the next 
several months, the entity offering the course and a contact name, 
address and phone number for the training provider.
    (11) For jurisdictions with a HUD lead hazard control grant program 
starting before January 1, 2000, a statement signed by the 
administrator of the lead grant program describing why the program has 
not built adequate capacity.
    (12) The name of a state or local agency and contact person that 
will be responsible for coordinating HUD-funded lead-based paint 
training within the jurisdiction.
    The March 5, 2001 notice provides that the updated Transition 
Implementation Plan must be signed by the following:
    For entitlement jurisdictions in cities, counties and tribes: The 
chief elected official of the jurisdiction, or both the head of the 
agency which submits the Consolidated Plan to HUD and the head of the 
local health department. In states that do not have an EPA authorized 
state program, the EPA regional office overseeing the lead 
certification program shall be sent a copy no later than the time of 
submission.
    For non-entitlement areas of states: The Governor, or both the head 
of the agency administering the EPA-authorized state lead paint 
certification program and the head of the agency submitting the 
Consolidated Plan to HUD. In states that do not have an EPA authorized 
state program, the head of the state health department shall sign along 
with the head of the agency submitting the consolidated plan; the EPA 
regional office overseeing the lead certification program shall be sent 
a copy no later than the time of submission. If a public housing agency

[[Page 18287]]

in a non-entitlement area does not know which agency to contact in the 
state government regarding the status of the extension request, they 
may obtain the information from the Lead Paint Compliance Assistance 
Center toll-free at 1-866-HUD-1012. The PHA may also obtain the name 
and telephone number of the state employee and office that served as 
the contact for the extension.
    A submission will not be processed if it lacks any of the 
signatures and Transition Implementation Plan elements required above. 
The March 5, 2001 notice advised the jurisdictions that their updated 
Transition Implementation Plan must be postmarked no later than April 
10, 2001 and must be sent to: Ms. Gail N. Ward, U.S. Department of 
Housing and Urban Development, Office of Healthy Homes and Lead Hazard 
Control, 451 Seventh St. SW., P-3206, Washington, DC 20410.
    The March 5, 2001 notice advised that unless HUD received an 
updated Transition Implementation Plan with a postmark dated no later 
than April 10, 2001, HUD will conclude that the jurisdiction now has 
capacity to protect children in federally-assisted housing and that all 
programs will comply with the regulation. Additionally, the March 5, 
2001 notice provided that if the updated Transition Implementation Plan 
includes all the elements listed in the March 5, 2001 notice the 
Department will conclude, after review, that compliance is not feasible 
for the applicable programs and/or disciplines for the time period 
designated in the plan, which should not extend beyond August 10, 2001. 
During this period, program participants must continue to comply with 
HUD's lead-based paint regulations that were effective before September 
15, 2000.

    Dated: March 20, 2001.
David E. Jacobs,
Director, Office of Healthy Homes and Lead Hazard Control.
[FR Doc. 01-8526 Filed 4-5-01; 8:45 am]
BILLING CODE 4210-01-P