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Requirements for Notification, Evaluation and Reduction of Lead- Based Paint Hazards in Housing Receiving Federal Assistance and Federally Owned Residential Property Being Sold; Correction

 
[Federal Register: January 21, 2000 (Volume 65, Number 14)]
[Rules and Regulations]
[Page 3386-3387]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja00-6]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 35, 968, and 1000

[Docket No. FR-3482-C-07]
RIN 2501-AB57


Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Housing Receiving Federal Assistance and
Federally Owned Residential Property Being Sold; Correction

AGENCY:  Office of the Secretary--Office of Lead Hazard Control, HUD.

ACTION:  Correction.

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SUMMARY:  This document makes several corrections to HUD's September
15, 1999 final rule implementing sections 1012 and 1013 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992. Among other
corrections, this document corrects the numbering of the sections
containing the regulatory requirements governing lead-based paint
disclosure; corrects the September 15, 1999 final rule to reflect the
effective date of a related rule issued by the Environmental Protection
Agency; and corrects several typographical errors contained in the
final rule.

DATES:  Effective date: September 15, 2000.

FOR FURTHER INFORMATION CONTACT:  Steve Weitz, Special Assistant,
Office of Lead Hazard Control, Department of Housing and Urban
Development, 451 Seventh Street, SW, Room P-3206, Washington, DC 20410;
telephone: (202) 755-1785, ext. 104 (this is not a toll-free number);
E-mail: lead--regulations hud.gov. For legal questions, contact John B.
Shumway, Office of General Counsel, Department of Housing and Urban
Development, Room 9262. Persons with hearing or speech impediments may
access the above telephone number via TTY by calling the toll-free
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On September 15, 1999, HUD published a final
rule (64 FR 50140) that implements sections 1012 and 1013 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851 et seq.). The purpose of the rule is to ensure that Federally-
owned or assisted housing does not pose lead-based paint hazards to
young children. The majority of the provisions contained in the final
rule will become effective on September 15, 2000 (one year following
the date of publication). This document makes several corrections to
the September 15, 1999 final rule. The corrections made by this
document are as follows:

A. Correction of Section Numbers for Lead-Based Paint Disclosure
Requirements (24 CFR part 25, subpart A)

    The September 15, 1999 final rule redesignated subpart H of 24 CFR
part 35 as subpart A. The purpose of this action was simply to relocate
the regulatory requirements governing lead-based paint disclosure
(which had been promulgated by final rule published on March 6, 1996
(61 FR 9082)) from subpart H to subpart A without any change in text.
This was done to allow the new regulatory requirements established by
the September 15, 1999 final rule to be described uninterrupted through
the remainder of part 35. However, the September 15, 1999 final rule
also incorrectly revised the section numbers of the relocated
disclosure provisions. These redesignations may cause confusion because
existing section references in the lead-based paint literature may not
reflect the revised section numbers. This document corrects the section
numbers of the disclosure requirements contained in part 35, subpart A.
The numbering of these sections is now identical to that originally
published in the March 6, 1996 final rule.

B. Conformance With EPA Regulations

    The September 15, 1999 final rule relies on a nationwide framework
of personnel who are or will be trained and certified in accordance
with regulations issued by the U.S. Environmental Protection Agency
(EPA). The EPA program is designed to ensure the safe and effective
performance of lead-based paint inspections, risk assessments, and
abatements. When the September 15, 1999 rule was published, the
effective date of the relevant EPA regulations at 40 CFR part 745 was
August 30, 1999. Therefore, the September 15, 1999 final rule (at
Sec. 35.165) specifies that this is the date after which all lead-based
paint inspections, risk assessments and abatements must be performed by
persons certified in accordance with 24 CFR part 745.
    On August 6, 1999 (64 FR 42851), the EPA published an amendment
that extends the effective dates for certification of individuals and
firms and use of work practices standards from August 30, 1999 to March
1, 2000. Therefore, HUD must correct the September 15, 1999 final rule
to conform to the new EPA effective date. To avoid possible further
confusion, this document provides a citation to the EPA regulation
instead of a specific date. This reduces the likelihood that HUD will
have to again correct the September 15, 1999 final rule if EPA should
have to again change the effective date.

C. Applicability of Subpart K

    This document corrects the Sec. 35.1000, which describes the
purpose and applicability section of subpart K. This section
erroneously provides that the subpart K requirements apply to
``residential rehabilitation activities.'' These activities are covered
under subpart J (entitled ``Rehabilitation''), not subpart K. Subpart K
establishes the lead-based paint requirements acquisition, leasing,
support services, or operation of residential property.

D. NAHASDA Assisted Activities

    The September 15, 1999 final rule revised 24 CFR 1000.40, which
describes the lead-based paint requirements for housing activities
assisted under the Native American Housing Assistance and Self-
Determination Act (NAHASDA). In referring to the subparts of 24 CFR
part 35 that are applicable to NAHASDA assisted activities, the
September 15, 1999 revision erroneously referred to subparts E and G,
which do not apply to NAHASDA activities. The September 15, 1999
revision did not refer to subpart J, which pertains to rehabilitation
activities, including NAHASDA rehabilitation assistance. This document
corrects Sec. 1000.40 by removing the references to subparts E and G of
part 35, and adding a reference to 24 CFR part 35, subpart J.

E. Corrections of Typographical Errors

    This document also corrects the following typographical errors
contained in the September 15, 1999 final rule.
    1. Correction to Sec. 35.930(b)(3). This document corrects a
typographical error contained in Sec. 35.930(b)(3) of the September 15,
1999 final rule. At the end of the second sentence of this section, an
incorrect reference is made to Sec. 35.1350(b). This document corrects
the reference to read ``Sec. 35.1350(d).''
    2. Correction to Sec. 35.1200(b)(2)(i). This document corrects a
typographical error contained in Sec. 35.1200(b)(2)(i) of the September
15, 1999 final rule. Specifically, an incorrect reference to

[[Page 3387]]

``September 15, 200'' is corrected to read ``September 15, 2000.''
    3. Correction to Sec. 35.1200(b)(4)(i). This document corrects a
typographical error contained in Sec. 35.1200(b)(4)(i) of the September
15, 1999 final rule. This section provides an incorrect effective date
for tenant-based rental assistance competitively awarded under the
Housing Opportunities for Persons With AIDS (HOPWA) program. This
document corrects the effective date from ``October 1, 1999'' to
``September 15, 2000.'' This correction conforms the effective date
provided in Sec. 35.1200(b)(4) to the effective dates provided
elsewhere in the September 15, 1999 final rule, including those for
competitively awarded HOPWA grants in 24 CFR part 35, subparts J and K.

F. Revision Superseded by Other HUD Rulemaking

    The September 15, 1999 final rule revises HUD's public housing
modernization regulations at Sec. 968.210(e)(2)(ii) (see 64 FR 50229,
amendatory instruction number 80). However, by final rule published on
June 23, 1999 (64 FR 33636), HUD removed Sec. 968.210(e). This document
corrects the September 15, 1999 final rule by removing the reference to
Sec. 968.210(e).

    Accordingly, in the final rule captioned ``Requirements for
Notification, Evaluation and Reduction of Lead-Based Paint Hazards in
Federally Owned Residential Property and Housing Receiving Federal
Assistance,'' FR Document 99-23016, beginning at 64 FR 50140, in the
issue of Wednesday, September 15, 1999, the following corrections are
made:

PART 35--[CORRECTED]

    1. On page 50201, in the first column, regulatory amendment 2 is
corrected to read as follows:
    2. Remove Subpart A and redesignate subpart H, consisting of
Sec. 35.80 through 35.98, as subpart A. The table of contents to
redesignated subpart A is revised to read as follows:

Subpart A--Disclosure of Known Lead-Based Paint Hazards Upon Sale or
Lease of Residential Property

Sec.
35.80   Purpose.
35.82   Scope and applicability.
35.84   Effective dates.
35.86   Definitions.
35.88   Disclosure requirements for sellers and lessors.
35.90   Opportunity to conduct an evaluation.
35.92   Certification and acknowledgment of disclosure.
35.94   Agent responsibilities.
35.96   Enforcement.
35.98   Impact on State and local requirements.

    2. On page 50208, in the first and second columns, correct
Sec. 35.165 by revising paragraphs (a)(1) introductory text, (a)(2),
(b)(2), (b)(3), (d)(1) introductory text, and (d)(2) to read as
follows:

Sec. 35.165  Prior evaluation or hazard reduction.

* * * * *
    (a) Lead-based paint inspection. (1) A lead-based paint inspection
conducted before the date specified in 40 CFR 745.239(b) meets the
requirements of this part if:
* * * * *
    (2) A lead-based paint inspection conducted on or after the
effective date specified in 40 CFR 745.239(b) must have been conducted
by a certified lead-based paint inspector.
    (b) * * *
    (2) A risk assessment conducted before the effective date of 40 CFR
745.239(b) meets the requirements of this part if at the time of the
risk assessment the risk assessor was approved by a State or Indian
tribe to perform risk assessments. It is not necessary that the State
or tribal approval program had EPA authorization at the time of the
risk assessment.
    (3) A risk assessment conducted on or after the date specified in
40 CFR 745.239(b) must have been conducted by a certified risk
assessor.
* * * * *
    (d) Abatement. (1) An abatement conducted before the date specified
in 40 CFR 745.239(b) meets the requirements of this part if:
* * * * *
    (2) An abatement conducted on or after the date specified in 40 CFR
745.239(b) must have been conducted under the supervision of a
certified lead-based paint abatement supervisor.

    3. On page 50214, in the first column, correct Sec. 35.930(b)(3) to
read as follows:

Sec. 35.930  Evaluation and hazard reduction requirements.

* * * * *
    (b) * * *
    (3) After completion of any rehabilitation disturbing painted
surfaces, perform a clearance examination of the worksite(s) in
accordance with Sec. 35.1340. Clearance is not required if
rehabilitation did not disturb painted surfaces of a total area more
than that set forth in Sec. 35.1350(d).

    4. On page 50214, in the third column, correct the first sentence
of Sec. 35.1000(c)(2) to read as follows:

Sec. 35.1000  Purpose and applicability.

* * * * *
    (c) * * *
    (2) For purposes of the CDBG Entitlement program and the Indian
Housing Block Grant program, the requirements of this subpart shall
apply to activities (except those otherwise exempted) for which funds
are first obligated on or after September 15, 2000. * * *
* * * * *

    5. On page 50217, in the first column, correct
Sec. 35.1200(b)(2)(i) and Sec. 35.1200(b)(4)(i) to read as follows:

Sec. 35.1200  Purpose and applicability.

* * * * *
    (b) * * *
    (2) * * *
    (i) The requirements of this subpart are applicable where an
initial or periodic inspection occurs on or after September 15, 2000;
and
* * * * *
    (4) * * *
    (i) The requirements of this subpart shall apply to grants awarded
pursuant to Notices of Funding Availability published on or after
September 15, 2000; and
* * * * *

PART 968--[CORRECTED]

Sec. 968.210  [Corrected]

    6. On page 50229, in the second column, remove regulatory amendment
80.

PART 1000--[CORRECTED]

    7. On page 50230, in the second column, correct the second sentence
of Sec. 1000.40 to read as follows:

Sec. 1000.40  Do lead-based paint poisoning prevention requirements
apply to affordable housing activities under NAHASDA?

    * * * The applicable requirements for NAHASDA are HUD's regulations
at part 35, subparts A, B, H, J, K, M and R of this title, which
implement the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4822-4846) and the Residential Lead-Based Paint Hazard Reduction Act of
1992 (42 U.S.C. 4851-4856).

    Dated: January 6, 2000.
David E. Jacobs,
Director, Office of Lead Hazard Control.
[FR Doc. 00-1319 Filed 1-20-00; 8:45 am]
BILLING CODE 4210-32-P

 
 

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