[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5975-5978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01305]
-----------------------------------------------------------------------
Department of Housing and Urban Development
[Docket No. FR-6486-N-02]
Modifying HUD's Elevated Blood Lead Level Threshold for Children
Under Age 6 Who Are Living in Certain HUD-Assisted Target Housing
Covered by the Lead Safe Housing Rule
AGENCY: Office of Lead Hazard Control and Healthy Homes, Department of
Housing and Urban Development (HUD).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces HUD's modifying its elevated blood lead
level (EBLL) threshold under its Lead Safe Housing Rule from to 5 to
3.5 micrograms of lead per deciliter of blood ([micro]g/dL) for a child
under the age of 6, consistent with the Centers for Disease Control and
Prevention's current blood lead reference value of 3.5 [micro]g/dL.
This notice also describes the required compliance dates for
implementing this modification, which depend on whether the applicable
State, State-level jurisdiction, territory, or local jurisdiction has
already incorporated a blood lead level action threshold equal to or
lower than the CDC's current blood lead reference value.
DATES: The provisions of this notice relating to HUD's revision to its
EBLL take effect on January 17, 2025.
Compliance Dates: Compliance with the provisions of this notice
relating to HUD's revision to its EBLL threshold is required as
described in this notice at section V, ``Compliance dates for change to
the EBLL threshold.''
FOR FURTHER INFORMATION CONTACT: Warren Friedman, Office of Lead Hazard
Control and Healthy Homes, Department of Housing and Urban Development,
451 7th Street SW, Room 8236, Washington, DC 20410-3000, telephone 202-
402-7698 (this is not a toll-free number), and email
[email protected]. HUD invites that any further comments on this
notice be sent to HUD using the contact information provided in this
section. HUD welcomes and is prepared to receive calls from individuals
who are deaf or hard of hearing, as well as individuals with speech or
communication disabilities. To learn more about how to make an
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and HUD's Lead Safe Housing Rule
II. EBLL Notice for Comment
III. Public Comments
Reasoning and Justification for the EBLL Threshold Change
Compliance Period for the EBLL Threshold Change
Training, Technical Assistance, and Support
Monitoring and Enforcement
Funding
Environmental Investigations and Lead Hazard Control Workforce
IV. Change to the EBLL Threshold
V. Compliance Dates for Change to the EBLL Threshold
HUD-Assisted Target Housing in States, State-Level
Jurisdictions, Territories, and Local Jurisdictions With a Blood
Lead Level Action Threshold Equal to or Lower Than the CDC's Current
BLRV
HUD-Assisted Target Housing in States, State-Level
Jurisdictions, Territories, and Local Jurisdictions With a Blood
Lead Level Action Threshold Greater Than the CDC's Current BLRV or
That Do Not Have Such a Threshold
Abbreviations
BLRV: blood lead reference value
CDC: Centers for Disease Control and Prevention
EBLL: elevated blood lead level
EPA: U.S. Environmental Protection Agency
HHS: U.S. Department of Health and Human Services
HUD: U.S. Department of Housing and Urban Development
OLHCHH: Office of Lead Hazard Control and Healthy Homes
[micro]g/dL: micrograms of lead per deciliter of blood
I. Background and HUD's Lead Safe Housing Rule
On September 15, 1999, HUD published a final rule entitled
``Requirements for Notification, Evaluation and Reduction of Lead-Based
Paint Hazards in Federally Owned Residential Property and Housing
Receiving Federal Assistance.'' \1\ HUD's September 15, 1999 final
rule, including revisions made through subsequent rulemakings since the
rule's original publication, is referred to throughout this notice as
the ``Lead Safe Housing Rule.'' \2\ The Lead Safe Housing Rule's
purpose is to implement the Lead-Based Paint Poisoning Prevention Act,
as amended,\3\ and the Residential Lead-Based Paint Hazard Reduction
Act of 1992,\4\ and specifically ``to ensure that housing receiving
Federal assistance and federally owned housing that is to be sold does
not pose lead-based paint hazards to young children.'' \5\
---------------------------------------------------------------------------
\1\ 64 FR 50140.
\2\ See 24 CFR part 35, subparts B through R.
\3\ 42 U.S.C. 4821 et seq.
\4\ 42 U.S.C. 4851 et seq.; see also 24 CFR 35.100(a).
\5\ 64 FR 50140, 50199 (Sept. 15, 1999).
---------------------------------------------------------------------------
Under the Lead Safe Housing Rule, when a child under age 6 residing
in certain housing built before 1978--i.e., ``target housing'' \6\--
that is HUD-assisted is identified as having an EBLL, the ``designated
party''--the property owner or other entity (e.g., Federal agency,
State, local government, public housing agency, Indian Tribe, tribally
designated housing entity, sponsor) responsible for complying with
applicable requirements of the Lead Safe Housing Rule for that
assistance \7\--is required to undertake certain actions. These
required actions are generally the same for each of the four applicable
Lead Safe Housing Rule subparts in 24 CFR part 35 regarding HUD
assistance:
---------------------------------------------------------------------------
\6\ Most housing built before 1978 is considered ``target
housing,'' which is the focus of the Lead Safe Housing Rule and
other HUD and EPA rules and programs on lead safety in housing. The
Lead Safe Housing Rule defines ``target housing,'' in part, as ``any
housing constructed prior to 1978, except housing for the elderly or
persons with disabilities (unless a child of less than 6 years of
age resides or is expected to reside in such housing for the elderly
or persons with disabilities) or any zero-bedroom dwelling.'' 24 CFR
35.110, target housing. HUD is preparing to amend the definition of
``target housing'' in 24 CFR part 35 to reflect the slight expansion
of the scope of the term by the Consolidated Appropriations Act,
2017 (Pub. L. 115-31, enacted May 5, 2017) to include the small
number of pre-1978 zero-bedroom dwellings in which a child under age
6 resides or is expected to reside. See the Office of Information
and Regulatory Affairs, Fall 2024 Unified Agenda of Regulatory and
Deregulatory Actions, HUD Regulatory Identification Number 2501-
AE03, https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=2501-AE03.
\7\ See 24 CFR 35.110, designated party.
---------------------------------------------------------------------------
Subpart H, Project-Based Assistance,
Subpart I, HUD-Owned and Mortgagee-in-Possession
Multifamily Property,
Subpart L, Public Housing Programs, and
Subpart M, Tenant-Based Rental Assistance.
Additionally, subpart D, which covers project-based assistance
provided by a Federal agency other than HUD, has slightly narrower
requirements. Under subpart D, other Federal agencies are not required
to report instances of
[[Page 5976]]
children under age 6 being identified with an EBLL to HUD.
During an environmental investigation, certified lead risk
assessors or professionals from the local public health department
check the child's environment for possible causes of lead exposure and
recommend ways to prevent further lead exposure. If the environmental
investigation identifies any lead-based paint hazards in the HUD-
assisted housing unit of the child, a designated party associated with
the assistance must arrange for the hazards to be controlled in
accordance with HUD and EPA requirements, as applicable, on a schedule
specified in the Lead Safe Housing Rule.\8\ If any of the building's
other HUD-assisted target housing units have a child under age 6
residing in the housing, those units and common areas servicing those
units are also required to have a risk assessment conducted. Where a
risk assessment is conducted, a designated party associated with the
assistance must arrange for any lead-based paint hazards in those units
or common areas to be controlled in accordance with HUD and EPA
requirements, as applicable, on a schedule specified in the Lead Safe
Housing Rule.\9\
---------------------------------------------------------------------------
\8\ For additional information on required actions where a child
has an EBLL, see 24 CFR 35.325 (subpart D); 24 CFR 35.730; (subpart
H), 24 CFR 35.830 (subpart I); 24 CFR 35.1130 (subpart L); and 24
CFR 35.1225 (subpart M).
\9\ Id.
---------------------------------------------------------------------------
II. EBLL Notice for Comment
On September 11, 2024, HUD published a notice for comment in the
Federal Register (the EBLL Notice for Comment) that provided background
on HUD's requirements for responding to an EBLL in children under the
age of 6 since 2017 and HUD's process in considering CDC's
recommendations regarding an EBLL in children under the age of 6.\10\
In the EBLL Notice for Comment, HUD explained its intention to revise
its EBLL threshold to 3.5 [micro]g/dL for a child under age 6 and
invited public comment regarding HUD's intended revision to its EBLL
threshold for a child under age 6. For additional background, see the
EBLL Notice for Comment.
---------------------------------------------------------------------------
\10\ 89 FR 73702.
---------------------------------------------------------------------------
III. Public Comments
As described in the EBLL Notice for Comment, HUD explained its
intention to decrease its EBLL threshold from its current level of 5
[micro]g/dL for a child under age 6 \11\ to 3.5 [micro]g/dL, consistent
with CDC's current BLRV of 3.5 [micro]g/dL for a child under age 6.\12\
In the EBLL Notice for Comment, HUD requested public input regarding
HUD's intention to make the described update to its EBLL threshold for
the Lead Safe Housing Rule. In addition to welcoming all public input
in response to the EBLL Notice for Comment, HUD also specifically
requested input on certain topics. These specific requests for input
related to HUD's reasoning for the EBLL threshold revision, including
the described justification and whether there were other considerations
and how HUD should address other considerations relating to revising
the EBLL threshold. In addition, HUD also specifically requested input
regarding the compliance period for the revision of the EBLL threshold
and potential impacts to ongoing program activities because of the
revision.
---------------------------------------------------------------------------
\11\ CDC. CDC response to Advisory Committee on Childhood Lead
Poisoning Prevention recommendations in ``Low Level Lead Exposure
Harms Children: A Renewed Call of Primary Prevention. June 7, 2012.
https://stacks.cdc.gov/view/cdc/37586. See, also, Advisory Committee
on Childhood Lead Poisoning Prevention. Low Level Lead Exposure
Harms Children: A Renewed Call for Primary Prevention. January 4,
2012. https://stacks.cdc.gov/view/cdc/11859.
\12\ https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html.
---------------------------------------------------------------------------
HUD received 25 public comments in response to the EBLL Notice for
Comment.\13\ All of the commenters supported the revision of the EBLL
threshold to a level lower than the current level. A summary of the
public comments received in response to the EBLL Notice for Comment is
provided in the text that follows.
---------------------------------------------------------------------------
\13\ The public comments submitted in response to the EBLL
Notice for Comment can be viewed at Regulations.gov, docket number
HUD-2024-0069.
---------------------------------------------------------------------------
Reasoning and Justification for the EBLL Threshold Change
A majority of commenters agreed that HUD's modification of the EBLL
threshold would be reasonable and justified. Many commenters noted that
they work in the healthcare field, while many other commenters work in
environmental health advocacy, the legal profession, education, and
rental housing management fields. Reasons that commenters provided for
supporting the decrease of HUD's EBLL threshold included the need to
protect children, with some commenters noting that primary prevention
is critical and that there are geographic, socioeconomic, and racial/
ethnic disparities in lead exposure. Several commenters noted that they
felt there was no safe level of lead for children. One commenter stated
that HUD's change was long overdue, and that 37 States have already
implemented a change to 3.5 [mu]g/dL for EBLL response. Another
commenter asserted that 23 States had adopted the lower CDC level as of
June 2023, and that six of those States provide environmental
investigations starting at 3.5 [mu]g/dL.
HUD Response: HUD agrees with commenters that the change to an EBLL
threshold level to align with CDC's 2021 recommendation is reasonable
and justified and is consistent with CDC's positions that, ``[n]o safe
level of lead in children has been identified,'' and that early
intervention is important to reduce harm.\14\ HUD notes that CDC has
found that, of its childhood lead poisoning prevention program's \15\
State-level grantees,\16\ about three quarters used the CDC's current
BLRV in 2023 to initiate at least one public health action described on
CDC's Recommended Actions Based on Blood Lead Level web page,\17\ with
the most common barrier reported by the other quarter of State-level
grantees being lack of resources for follow-up activities and for the
program.\18\ About two-thirds of jurisdictions perform educational
interventions, caregiver-lead education, and follow-up blood lead
monitoring and testing at or above the BLRV. Based on the CDC's finding
that using its BLRV is generally--if not universally, because of
resource limitations--implementable, HUD is selecting the BLRV as the
threshold to which it is changing the EBLL under the Lead Safe Housing
Rule. For HUD-assisted target housing, for which designated parties are
receiving HUD funds with Lead Safe Housing Rule compliance being a
condition of the assistance, HUD has determined that selecting the BLRV
as its EBLL threshold is feasible and appropriate.
---------------------------------------------------------------------------
\14\ See https://www.cdc.gov/lead-prevention/prevention/index.html.
\15\ Through the childhood lead poisoning prevention program's
cooperative agreements, ``CDC supports state and local health
departments, or their bona fide agents, through cooperative
agreements to support childhood lead poisoning prevention.
Prevention efforts include strengthening: blood lead testing and
reporting, surveillance, linking children to recommended follow-up
services, and targeted population-based interventions.'' See https://www.cdc.gov/lead-prevention/success-stories-by-state/index.html.
\16\ The State-level grantees are made up of nearly all States,
the District of Columbia, and the Commonwealth of Puerto Rico.
\17\ https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html.
\18\ Personal communication. P. Ruckart, CDC Division of
Environmental Health and Science Practice.
---------------------------------------------------------------------------
Compliance Period for the EBLL Threshold Change
Comments regarding the compliance period for the change to the EBLL
threshold and potential impacts to
[[Page 5977]]
ongoing program activities were diverse. Numerous commenters stated
that a compliance period of six months or longer to meet the revised
EBLL threshold was appropriate to allow housing providers time to
change their operations and receive technical assistance and training.
One commenter suggested that a compliance period of nine months to meet
the revised EBLL threshold would be more highly favored by rental
housing owners and may help ensure that recertifications in HUD's
Housing Choice Voucher program occur without disruption, so that
families can continue to live in their current residences if they wish.
Another commenter advocating for a six-month compliance period to meet
the revised EBLL threshold noted that the time would help ensure
availability of certified professionals to meet the increased demand
for environmental investigations and lead hazard control. Commenters
noted that a longer compliance period would provide HUD and other
agencies working in lead poisoning prevention more time to communicate
and train on the EBLL threshold related changes before compliance is
required.
Several commenters recommended a compliance period shorter than six
months to meet the revised EBLL threshold, suggesting a range of time
from immediate implementation to three months. For the commenters
recommending a three month compliance period, one commenter noted that
the shorter compliance period would be adequate because responding to
findings of EBLL cases in children under age 6 who reside in HUD-
assisted target housing is not a new activity for providers of such
target housing. Another commenter noted the significant risk of not
intervening where young children are exposed to lead and having blood
lead levels between the current and intended EBLL thresholds (i.e.,
below 5.0 [micro]g/dL but at or above 3.5 [micro]g/dL).
Commenters recommending a compliance period shorter than three
months also emphasized the importance of preventing harm to young
children, asserting that HUD had taken a long time in implementing a
change from CDC's BLRV recommendations made in 2021. These commenters
also suggested that future EBLL threshold revisions be automatic if and
when CDC revises its BLRV, and that HUD consider changing the EBLL
definition in the Lead Safe Housing Rule to remove the requirement for
notice and comment before implementing an EBLL threshold change. These
commenters also stated that, given that so many States and State-level
jurisdictions have already revised their blood lead action level to the
CDC's current BLRV, HUD did not need to allow additional time for
designated parties with HUD-assisted target housing in those States to
adapt to a change already covering their properties. Lastly, a
commenter noted that HUD-assisted housing providers have had almost
four years to learn about the CDC's guidance on responses to its
lowered BLRV, meaning that HUD's revision to its EBLL threshold should
not be a surprise to them.
HUD Response: Based on the comments received, HUD agrees that a
compliance period of more than six months is not necessary because of
how long it has been since the release of CDC's 2021 BLRV guidance.
This is especially true given that there is existing infrastructure and
training already available to HUD-assisted housing providers to respond
to children with an EBLL. In addition to the regulatory revisions in
2017, HUD has published guidance and technical assistance resources
regarding the Lead Safe Housing Rule on HUD Exchange.\19\ Responding to
children with EBLLs is not a new activity for HUD-assisted housing
providers, and many have already responded to EBLL cases among families
they serve. HUD also appreciates that a significant proportion of
States and territories have already adopted a lower blood lead level
action threshold for response in advance of Federal action for HUD-
assisted target housing. HUD agrees that a shorter compliance
implementation period is appropriate in these States. HUD is
designating, in section V, Compliance, two compliance implementation
periods based on whether the blood lead level action threshold for the
jurisdiction in which a property is located is greater than the CDC's
current BLRV or is less than or equal to that BLRV.
---------------------------------------------------------------------------
\19\ HUD Exchange is a website that provides resources and
assistance to support HUD's community partners and their partners
(https://www.hudexchange.info/about/). HUD Exchange includes a Lead-
Based Paint sub-site with information on lead-based paint safety in
HUD-assisted target housing (https://www.hudexchange.info/programs/lead-based-paint/), which includes a toolkit on responding to cases
of a child residing in such housing who has an EBLL (https://www.hudexchange.info/programs/lead-based-paint/lshr-toolkit/respond-to-a-child-with-an-ebll/).
---------------------------------------------------------------------------
HUD does not agree with recommendations for immediate
implementation of the EBLL threshold change. For HUD's programs,
issuing a change with a required programmatic effect differs from CDC
issuing guidance on clinical and public health practices, such as CDC
revising its BLRV. In particular, the designated parties affected by
HUD changing its EBLL threshold for children under age 6 need to be
notified of the change and given time to prepare to comply with the
change. Comments suggesting that HUD should fully eliminate the Lead
Safe Housing Rule's requirements for notice and comment for future EBLL
threshold changes are outside of the scope of this notice; however, for
reasons similar to those already stated, HUD disagrees that the notice
and comment process should be eliminated from the Lead Safe Housing
Rule. As noted above, HUD is designating, in section V, Compliance, two
compliance implementation periods.
Training, Technical Assistance, and Support
Some commenters recommended additional training, technical
assistance, and support for HUD-assisted housing providers and
jurisdictions implementing the EBLL threshold change.
HUD Response: To the extent feasible within HUD's budgetary and
staffing resource limitations, HUD will provide such consultations,
including within the Community Compass Technical Assistance \20\ funds
that have been allocated to the OLHCHH's lead safety program. Further,
where appropriate, HUD will continue to update the guidance and
instructional materials on the HUD Exchange's Lead-Based Paint website
and will provide staff time for online and in-person trainings.
---------------------------------------------------------------------------
\20\ See, e.g., https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/fy22_23_ccta; and https://www.hud.gov/program_offices/cfo/gmomgmt/grantsinfo/fundingopps/24-25_cctacb.
---------------------------------------------------------------------------
Monitoring and Enforcement
A few commenters recommended additional ``accountability'' for
landlords, and several commenters noted the need for compliance
monitoring and enforcement of HUD's regulations regarding lead-based
paint.
HUD Response: HUD notes that the Lead Safe Housing Rule requires
that landlords whose target housing is covered by the Lead Safe Housing
Rule's EBLL provisions must comply with those provisions as well as
with State, Tribal or local laws, ordinances, codes or regulations
governing evaluation and hazard reduction pertaining to blood lead
levels of children residing in such housing.\21\
---------------------------------------------------------------------------
\21\ 24 CFR 35.1350(b).
---------------------------------------------------------------------------
HUD's OLHCHH will coordinate with the HUD program offices that
provide the housing assistance covered by this notice to update their
monitoring and
[[Page 5978]]
enforcement policies and programs to reflect the modified EBLL
threshold.
Funding
Some commenters asserted that this change to the EBLL threshold
will prompt a need for adequate additional funding and resources for
its implementation.
HUD Response: HUD will continue to request sufficient funding to
support designated parties in implementing the revised EBLL threshold.
HUD notes, however, that this change restores the percentage of target
housing expected to include children under age 6 with EBLLs to the
percentage anticipated under the 2017 amendment to the Lead Safe
Housing Rule. Therefore, apart from inflation since 2017, the
associated costs for designated parties are expected to remain
comparable.
Environmental Investigations and Lead Hazard Control Workforce
One commenter noted that it will be stressful for parents if they
cannot access lead remediation services once their child is identified
as having an EBLL.
HUD Response: HUD agrees that the availability of certified lead-
based paint professionals and firms to perform environmental
investigations and lead hazard control is important, and HUD will
continue to make development of this workforce a priority under
OLHCHH's lead hazard reduction grant programs.\22\
---------------------------------------------------------------------------
\22\ See, e.g., https://apply07.grants.gov/apply/opportunities/instructions/PKG00287135-instructions.zip and https://www.hud.gov/program_offices/healthy_homes/grant_opportunities.
---------------------------------------------------------------------------
IV. Change to the EBLL Threshold
Based on the history, comments, and reasoning above, HUD is
changing the EBLL threshold under the Lead Safe Housing Rule from its
current value of 5 [micro]g/dL for a child under age 6 to 3.5 [micro]g/
dL for a child under age 6. HUD's revision to its EBLL threshold will
encourage healthcare providers and public health professionals to use
the CDC-recommended follow-up actions that include arranging for an
environmental investigation of the home to identify potential sources
of lead.\23\ The revisions will require an environmental investigation
by the designated party, unless the public health department has
already evaluated the home in connection with the child's EBLL case,
when the child resides in HUD-assisted target housing covered by the
Lead Safe Housing Rule's EBLL provisions.
---------------------------------------------------------------------------
\23\ For additional information, see CDC, Childhood Lead
Poisoning Prevention, Recommended Actions Based on Blood Lead Level,
https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html.
---------------------------------------------------------------------------
V. Compliance Dates for Change to the EBLL Threshold
HUD-Assisted Target Housing in States, State-Level Jurisdictions,
Territories, and Local Jurisdictions With a Blood Lead Level Action
Threshold Equal to or Lower Than the CDC's Current BLRV
For HUD-assisted target housing in States, State-level
jurisdictions, territories, and local jurisdictions that have a blood
lead level action threshold equal to or lower than the CDC's current
BLRV (i.e., equal to or lower than 3.5 [micro]g/dL for a child under
age 6), HUD is requiring compliance with this change of the Lead Safe
Housing Rule's EBLL threshold to 3.5 [micro]g/dL for a child under age
6 by April 17, 2025. This compliance date provides HUD program offices
the necessary time to advise the designated parties under their
respective programs and for those designated parties to formalize their
property management plans to reflect the change to HUD's EBLL
threshold.
HUD-Assisted Target Housing in States, State-Level Jurisdictions,
Territories, and Local Jurisdictions With a Blood Lead Level Action
Threshold Greater Than the CDC's Current BLRV or That Do Not Have Such
a Threshold
HUD believes that there may be less demand for and capacity of
certified lead-based paint professionals to perform the work associated
with HUD's revision to its EBLL threshold where there is no blood lead
level action threshold for a child under age 6 or a threshold that is
above the CDC's current BLRV. For HUD-assisted target housing in such
States, State-level jurisdictions, territories, and local
jurisdictions, HUD is requiring compliance with this change of the Lead
Safe Housing Rule's EBLL threshold to 3.5 [micro]g/dL for a child under
age 6 by July 16, 2025. HUD agrees with commenters that this longer
compliance period may have a negative impact on the health of lead-
exposed children; however, HUD believes this longer period is necessary
and reasonable given the challenges relating to local capacity of lead-
based paint professionals and firms.
Matthew Ammon,
Director, Office of Lead Hazard Control and Healthy Homes.
[FR Doc. 2025-01305 Filed 1-16-25; 8:45 am]
BILLING CODE 4210-67-P