Notice2024-20532
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; Notice for Comment
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Published
September 11, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
This notice for comment seeks public input regarding HUD's intention to revise the elevated blood lead level (EBLL) threshold in HUD's requirements for assisted housing. HUD intends to revise its EBLL threshold to 3.5 micrograms of lead per deciliter ([micro]g/dL) of blood for a child under the age of 6, consistent with the Centers for Disease Control and Prevention's (CDC) current blood lead reference value (BLRV) of 3.5 ([micro]g/dL) of blood for a child under the age of 6. The CDC uses its BLRV for encouraging actions such as environmental investigations of homes to identify potential sources of lead. When HUD last amended its EBLL threshold in 2017, CDC's BLRV for children under the age of 6 was 5 [micro]g/dL, the level HUD uses as its current EBLL threshold.
Full Text
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<title>Federal Register, Volume 89 Issue 176 (Wednesday, September 11, 2024)</title>
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[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Notices]
[Pages 73702-73705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20532]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6486-N-01]
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; Notice for Comment
AGENCY: Office of Lead Hazard Control and Healthy Homes, Department of
Housing and Urban Development, HUD.
ACTION: Notice for comment.
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SUMMARY: This notice for comment seeks public input regarding HUD's
intention to revise the elevated blood lead level (EBLL) threshold in
HUD's requirements for assisted housing. HUD intends to revise its EBLL
threshold to 3.5 micrograms of lead per deciliter ([micro]g/dL) of
blood for a child under the age of 6, consistent with the Centers for
Disease Control and Prevention's (CDC) current blood lead reference
value (BLRV) of 3.5 ([micro]g/dL) of blood for a child under the age of
6. The CDC uses its BLRV for encouraging actions such as environmental
investigations of homes to identify potential sources of lead. When HUD
last amended its EBLL threshold in 2017, CDC's BLRV for children under
the age of 6 was 5 [micro]g/dL, the level HUD uses as its current EBLL
threshold.
DATES: Comment Due Date: October 11, 2024.
ADDRESSES: Interested persons are invited to submit comments responsive
to this notice for comment. There are two methods for submitting public
comments. All submissions must refer to the above docket number and
title.
1. Electronic Submission of Comments. Comments may be submitted
electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make comments immediately available
to the public. Comments submitted electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> can be viewed by other commenters and interested
members of the public. Commenters should follow the instructions
provided on that website to submit comments electronically.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
Public Inspection of Public Comments. All properly submitted
comments and communications will be available for public inspection and
copying between 8 a.m. and 5 p.m. eastern time weekdays at the above
address. Due to security measures at the HUD Headquarters building, you
must schedule an appointment in advance to review the public comments
by calling the Regulations Division at 202-708-3055 (this is not a
toll-free number). 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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
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). 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
<a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
A. 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 1999 final rule, including
revisions made through subsequent rulemakings since the rule's original
publication in 1999, is referred to throughout this notice for comment
as the ``Lead Safe Housing Rule.'' The Lead Safe Housing Rule's
requirements are codified at 24 CFR part 35. Its purpose is to
implement the Lead-Based Paint Poisoning Prevention Act, as amended,\2\
and the Residential Lead-Based Paint Hazard
[[Page 73703]]
Reduction Act of 1992 \3\ 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.'' \4\
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\1\ Available at 64 FR 50140.
\2\ 42 U.S.C. 4821 et seq.
\3\ 42 U.S.C. 4851 et seq.; see also 24 CFR 35.100(a).
\4\ 64 FR 50140 (Sept. 15, 1999).
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Under HUD's Lead Safe Housing Rule, when a child under age 6
residing in certain housing built before 1978--i.e., ``target housing''
\5\--that is HUD-assisted is identified as having an elevated blood
lead level, 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 \6\--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:
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\5\ Most housing built before 1978 is considered ``target
housing,'' which is the focus of the Lead Safe Housing Rule and
other HUD and Environmental Protection Agency 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, Spring
2024 Unified Agenda of Regulatory and Deregulatory Actions, HUD
Regulatory Identification Number 2501-AE03, <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202404&RIN=2501-AE03">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202404&RIN=2501-AE03</a>.
\6\ See 24 CFR 35.110, designated party.
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<bullet> Subpart H, Project-Based Assistance,
<bullet> Subpart I, HUD-Owned and Mortgagee-in-Possession
Multifamily Property,
<bullet> Subpart L, Public Housing Programs, and
<bullet> Subpart M, Tenant-Based Rental Assistance.
Additionally, there are slightly narrower requirements in subpart
D, covering Project-Based Assistance Provided by a Federal Agency Other
Than HUD, under which other agencies do not report on the case to HUD.
During an environmental investigation, lead professionals (i.e.,
certified lead risk assessors working for a certified lead risk
assessment firm on behalf of the designated party, 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, the building's other HUD-assisted units where a child under age
6 resides are also required to have a risk assessment conducted, and a
designated party associated with the assistance must arrange for the
hazards to be controlled in accordance with HUD and Environmental
Protection Agency (EPA) requirements, as applicable, on a schedule
specified in the Lead Safe Housing Rule.\7\
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\7\ 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).
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B. CDC's Blood Level Reference Value and HUD's Elevated Blood Lead
Level Threshold
Through mid-2017, HUD defined ``environmental intervention blood
lead level'' (EIBLL) as ``a confirmed concentration of lead in whole
blood equal to or greater than 20 ug/dL for a single test or 15-19 ug/
dL in two tests taken at least 3 months apart.'' \8\ HUD used the EIBLL
definition to specify when environmental intervention was required in
HUD-assisted target housing.
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\8\ 24 CFR 35.110 (Jan. 3, 2017).
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In 2017, HUD amended the Lead Safe Housing Rule principally to
address HUD's requirements relating to responding to elevated blood
lead levels.\9\ Through the amendment, HUD replaced the EIBLL
definition with a definition of ``elevated blood lead level'' in
children under the age 6, in accordance with CDC guidance at the
time.\10\ As noted in HUD's 2017 rule:
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\9\ See Requirements for Notification, Evaluation and Reduction
of Lead-Based Paint Hazards in Federally Owned Residential Property
and Housing Receiving Federal Assistance; Response to Elevated Blood
Lead Levels, 82 FR 4151 (Jan. 13, 2017).
\10\ 24 CFR 35.110, elevated blood lead level.
CDC's ``reference range value'' [also called ``reference
value''] method for defining EBLLs is based on the blood lead level
equaled or exceeded by 2.5 percent of U.S. children aged 1-5 years
as determined by CDC's most recent National Health and Nutritional
Examination Survey. Currently [i.e., in 2017], CDC's reference range
value is 5 [mu]g/dL (5 micrograms of lead per deciliter of
blood).\11\
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\11\ 82 FR 4152, footnote 6 (Jan. 13, 2017).
CDC introduced its blood lead reference value method in 2012, based
on the CDC's Advisory Committee on Childhood Lead Poisoning Prevention
(ACCLPP),\12\ recommending in January 2012:
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\12\ The ACCLPP was formed under the Federal Advisory Committee
Act, 5 U.S.C. 1001, which provides a mechanism for experts and
stakeholders to participate in the executive branch decision-making
process.
that a reference value based on the 97.5th percentile of the
[National Health and Nutrition Examination Survey] generated [blood
lead level (BLL)] distribution in children 1-5 years old (currently
5 [mu]g/dL) be used to identify children with elevated BLL.\13\
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\13\ ACCLPP, Recommendations of the Advisory Committee for
Childhood Lead Poisoning Prevention (ACCLPP) ``Low Level Lead
Exposure Harms Children: A Renewed Call of Primary Prevention''
(Jan. 4, 2012), <a href="https://archive.cdc.gov/#/details?url=https://www.cdc.gov/nceh/lead/advisory/acclpp.htm">https://archive.cdc.gov/#/details?url=https://www.cdc.gov/nceh/lead/advisory/acclpp.htm</a>.
In its June 2012 response, CDC accepted the ACCLPP recommendations
that the BLRV method be used and that the BLRV be set at 5 [mu]g/dL for
children under the age of 6, based on the two then-most recent National
Health and Nutritional Examination Surveys from 2009-2010 and 2011-
2012.\14\
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\14\ CDC, CDC Response to Advisory Committee on Childhood Lead
Poisoning Prevention (ACCLPP) Recommendations in ``Low Level Lead
Exposure Harms Children: A Renewed Call of Primary Prevention''
(June 7, 2012), <a href="https://archive.cdc.gov/#/details?url=https://www.cdc.gov/nceh/lead/advisory/acclpp.htm">https://archive.cdc.gov/#/details?url=https://www.cdc.gov/nceh/lead/advisory/acclpp.htm</a>.
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As the CDC explains, its BLRV helps to identify children with
higher levels of lead in their blood compared to most children. The
current BLRV is based on the 97.5th percentile of the blood lead values
among U.S. children ages 1-5 years from 2015-2016 and 2017-2018
National Health and Nutrition Examination Survey (NHANES) cycles.
Children with blood lead levels at or above the BLRV represent those at
the top 2.5 percent with the highest blood lead levels. The CDC
reanalyzes blood lead data approximately every four years using the
most recent two NHANES cycles to determine whether it should update its
BLRV.\15\
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\15\ See CDC, Childhood Lead Poisoning Prevention, About the
Data: Blood Lead Surveillance, Blood lead reference value (April 17,
2024), <a href="https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html#cdc_data_description_what_the_data_includes-blood-lead-reference-value">https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html#cdc_data_description_what_the_data_includes-blood-lead-reference-value</a>.
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With the distribution of blood lead levels of children under age 6
consistently dropping for decades,\16\ including in recent years,\17\
the fraction
[[Page 73704]]
of children with blood lead levels at or above 5 [mu]g/dL has
decreased. Based on HUD's survey research \18\ and lead hazard
reduction grant data analysis research,\19\ it is clear that assisted
housing has distributions of dust-lead levels well below the national
distribution of dust-lead levels both during routine occupancy and
after lead hazard reduction activities. HUD's survey research also
indicates that HUD-assisted housing has a lower prevalence of lead-
based paint hazards than unassisted housing. Consistent with those
findings, HUD-CDC data analysis research indicates that the
distribution of blood lead levels in children under age 6 residing in
HUD-assisted housing is significantly lower than the distribution of
blood lead levels in socio-demographically matched children in
unassisted housing.\20\
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\16\ See, e.g., Brown MJ and Falk H. Toolkit for Establishing
Laws to Control the Use of Lead Paint. Module C.iii. Conducting
blood lead prevalence studies, Global Alliance to Eliminate Lead
Paint, slide 8 (2017), <a href="https://wedocs.unep.org/bitstream/handle/20.500.11822/21470/Module%20Ciii%20Blood%20Lead%20Prevalence%20Studies_Final%20%20July%2017.pdf">https://wedocs.unep.org/bitstream/handle/20.500.11822/21470/Module%20Ciii%20Blood%20Lead%20Prevalence%20Studies_Final%20%20July%2017.pdf</a>.
\17\ See, e.g., Tsoi M-F, Cheung C-L, Cheung TT, Cheung BMY,
Continual Decrease in Blood Lead Level in Americans: United States
National Health Nutrition and Examination Survey 1999-2014 (2016),
American Journal of Medicine 129(11):1213-1218, <a href="https://doi.org/10.1016/j.amjmed.2016.05.042">https://doi.org/10.1016/j.amjmed.2016.05.042</a>; Egan KB, Cornwell CR, Courtney JG,
Ettinger AS, Blood Lead Levels in U.S. Children Ages 1-11 Years,
1976-2016 (2021), Environmental Health Perspectives 129(3):037003,
<a href="https://doi.org/10.1289/EHP793">https://doi.org/10.1289/EHP793</a>.
\18\ See Jacobs DE, Clickner RP, Zhou JY, Viet SM, Marker DA,
Rogers JW, Zeldin DC, Broene P, and Friedman W, The Prevalence of
Lead-Based Paint Hazards in U.S. Housing (2002), Environmental
Health Perspectives 110(10):A599-A606, <a href="https://doi.org/10.1289/ehp.021100599">https://doi.org/10.1289/ehp.021100599</a>; Dewalt FG, Cox DC, O'Haver R, Salatino B, Holmes D,
Ashley PJ, Pinzer EA, Friedman W, Marker D, Viet SM, and Fraser A,
Prevalence of Lead Hazards and Soil Arsenic in U.S. Housing (2015),
Journal of Environmental Health 78(5):22-29, <a href="https://www.neha.org/node/6429">https://www.neha.org/node/6429</a>; HUD Office of Lead Hazard Control and Healthy Homes,
American Healthy Homes Survey II Lead Findings (2021), <a href="http://www.hud.gov/sites/dfiles/HH/documents/AHHS_II_Lead_Findings_Report_Final_29oct21.pdf">www.hud.gov/sites/dfiles/HH/documents/AHHS_II_Lead_Findings_Report_Final_29oct21.pdf</a>.
\19\ See, e.g., Cox, David and Gary Dewalt (2015), Lead Hazard
Control Clearance Survey: Final Report. HUD, Office of Lead Hazard
Control and Healthy Homes, <a href="https://www.hud.gov/sites/documents/ClearanceSurvey_24Oct15.pdf">https://www.hud.gov/sites/documents/ClearanceSurvey_24Oct15.pdf</a>.
\20\ See, e.g., Ahrens KA, Haley BA, Rossen LM, Lloyd PC, Aoki
Y, Housing Assistance and Blood Lead Levels: Children in the United
States, 2005-2012, American Journal of Public Health 106(11):2049-
2056 (Nov. 1, 2016), <a href="https://doi.org/10.2105/AJPH.2016.303432">https://doi.org/10.2105/AJPH.2016.303432</a>.
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On May 14, 2021, the Department of Health and Human Services' Lead
Exposure and Prevention Advisory Committee (LEPAC) \21\ voted to
recommend that CDC update its BLRV for children under the age of 6 from
5 [mu]g/dL to 3.5 [mu]g/dL based on CDC data from the 2015-2016 and
2017-2018 NHANES cycles.\22\ CDC accepted LEPAC's recommendation and
publicized its implementation by creating and updating several web
pages on its website.\23\
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\21\ For additional information on LEPAC, see CDC, Childhood
Lead Poisoning Prevention, Lead Advisory Committees, <a href="https://www.cdc.gov/lead-prevention/php/lead-advisory-committee/index.html">https://www.cdc.gov/lead-prevention/php/lead-advisory-committee/index.html</a>.
\22\ See CDC, Childhood Lead Poisoning Prevention, Agenda and
Minutes of Lead Exposure and Prevention Advisory Committee Meeting,
May 14, 2021, <a href="https://www.cdc.gov/lead-prevention/php/lead-advisory-committee/meeting-5-14-2021.html">https://www.cdc.gov/lead-prevention/php/lead-advisory-committee/meeting-5-14-2021.html</a>.
\23\ See, e.g., <a href="https://www.cdc.gov/lead-prevention/about/index.html">https://www.cdc.gov/lead-prevention/about/index.html</a>; <a href="https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html">https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html</a>; <a href="https://www.cdc.gov/lead-prevention/php/data/index.html">https://www.cdc.gov/lead-prevention/php/data/index.html</a>; <a href="https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html">https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html</a>.
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C. HUD's Intention To Revise Its EBLL Threshold for Children Under the
Age of 6
HUD intends to revise its EBLL threshold to 3.5 [mu]g/dL of blood
for a child under age 6, consistent with CDC's current BLRV of 3.5
[mu]g/dL of blood for a child under age 6.\24\ HUD's intended revision
to its EBLL threshold would 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.\25\ The revision would require the
environmental investigation by the designated party (unless the public
health department has evaluated the home in regard to the child's EBLL
case) when the child resides in certain HUD-assisted target housing
covered by the Lead Safe Housing Rule.
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\24\ For additional information, see CDC, Childhood Lead
Poisoning Prevention, About the Data: Blood Lead Surveillance,
<a href="https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html">https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html</a>.
\25\ For additional information, see CDC, Childhood Lead
Poisoning Prevention, Recommended Actions Based on Blood Lead Level,
<a href="https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html">https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html</a>.
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When HUD's Lead Safe Housing Rule was last amended in 2017,\26\ CDC
guidance was to use 5 [mu]g/dL as the BLRV threshold for children under
the age of 6 when recommending an environmental investigation. HUD has
used that level as the EBLL threshold for the Lead Safe Housing Rule
since 2017. Given that CDC has now revised its BLRV to 3.5 [mu]g/dL for
children under the age of 6, HUD believes that it is appropriate to
revise its EBLL threshold to be consistent with CDC's BLRV.
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\26\ See 82 FR 4151 (Jan. 13, 2017).
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Conforming HUD's EBLL threshold for children under 6 to CDC's
current BLRV would result in more environmental investigations of pre-
1978 assisted housing units and more lead hazard control work being
performed in those units than at present. The number of environmental
investigations and lead hazard control activities would be comparable
to the number at the time the EBLL was set in 2017, because the CDC
guidance criterion for setting the BLRV--the blood lead level at or
above which are the highest 2.5 percent of the national population of
children under age 6 (formally, ages 1 to 5)--is the same. Because HUD
already has overall safety and LSHR monitoring and response programs,
the percentage of children under age 6 with EBLLs in HUD-assisted
housing is expected to remain lower than that national 2.5 percentage.
II. This Notice for Comment
Through this notice for comment, HUD is giving notice of, and
opportunity for public comment on, as required by 24 CFR part 35,\27\
HUD's intention to revise its elevated blood lead level threshold to
3.5 [mu]g/dL of blood for a child under age 6.
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\27\ 24 CFR 35.110, elevated blood lead level.
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HUD requests public input regarding HUD's intention to make the
described update to its EBLL threshold under HUD's Lead Safe Housing
Rule. HUD seeks public comment on whether HUD should adopt the CDC's
3.5 [mu]g/dL BLRV to replace the EBLL 5 [mu]g/dL threshold for children
under the age of 6 currently used in HUD's Lead Safe Housing Rule. This
adoption of a lower EBLL threshold would result in the percentage of
HUD assisted pre-1978 housing units prompting environmental
investigations to return to approximately the same percentage as in
2017.
III. Specific Information Requested
While HUD welcomes all comments relevant to HUD's intention to
update the Lead Safe Housing Rule's EBLL threshold from 5 to 3.5 [mu]g/
dL of blood for a child under 6, consistent with CDC's recommendation,
HUD is particularly interested in receiving input on the questions
listed below. To assist commenters, HUD provides the following guidance
and list of specific information requested.
<bullet> Please indicate in your written comments the area of
interest and the topic number(s) below you are commenting on and
provide specific information to illustrate your comments where
possible.
<bullet> You do not need to address every topic and should focus on
those where you have relevant expertise, experience, or data.
<bullet> To the extent possible, please cite any public data, peer-
reviewed journal articles, and other publicly accessible information
related to the topic or that supports your responses.
<bullet> If information or data is available, but is non-public,
describe the
[[Page 73705]]
information or data to the extent permissible, noting that it is non-
public.
Because any responses received by HUD will be publicly available,
responses should not include any personally identifiable information
(other than identifying the submitter, unless the submitter wishes to
submit anonymously, or identifying authors or editors of publicly
available information) or confidential commercial information.
HUD thanks commenters in advance for their information and comments
that will assist the Department in evaluating its current EBLL
threshold and the appropriateness of HUD's intention to revise its EBLL
threshold.
1. Considerations for Revising the Lead Safe Housing Rule's Elevated
Blood Lead Level Threshold
a. Reasoning in this notice. Is the reasoning discussed throughout
this notice for comment appropriate for determining to decrease the
Lead Safe Housing Rule's EBLL threshold from 5 to 3.5 [mu]g/dL of blood
for children under 6? Is the justification reasonable and balanced?
b. Other considerations. Are there other considerations for
determining the appropriate EBLL, and, if so, what are those
considerations and how should they be addressed?
2. Compliance Period Following a Revision to the Lead Safe Housing
Rules Elevated Blood Lead Level Threshold
If HUD revises its EBLL threshold under the Lead Safe Housing Rule
by decreasing it to CDC's current BLRV, should HUD set a 6-month
compliance period for requiring environmental interventions at the
decreased EBLL threshold, as HUD did when it last decreased its Lead
Safe Housing Rule blood lead level threshold in 2017, or should HUD set
some other compliance period?
HUD recognizes that its clients conducting ongoing program
activities in pre-1978 housing covered by the Lead Safe Housing Rule
would need time to incorporate any revised EBLL threshold level
requirements related to responding to cases of children with EBLLs into
their programs. As a result, HUD is considering setting a compliance
date of 6 months after any revision to the EBLL threshold for requiring
environmental intervention and related activities. Setting a delayed
compliance period of 6 months would be intended to allow all covered
parties--lead-based paint professionals, housing agencies, State,
Tribal, and local government agencies, public and private residential
property owners, residential property management firms, and others--
time to prepare for proper implementation of any revised requirements.
HUD shares the public health concern that further delaying required
compliance with a revised EBLL threshold may expose children under age
6 to higher lead levels for a longer period of time; however, HUD
believes that setting a shorter compliance date, such as a 30-day
compliance date, may be impractical because the organizational
infrastructure necessary to implement a revised EBLL threshold will
take time to put in place.
Matthew Ammon,
Director, Office of Lead Hazard Control and Healthy Homes.
[FR Doc. 2024-20532 Filed 9-10-24; 8:45 am]
BILLING CODE 4210-67-P
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