Title 24--Housing and Urban Development

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

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Sec. 35.100 Purpose and applicability.

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    Source: 64 FR 50202, Sept. 15, 1999, unless otherwise noted.

    (a) Purpose. The requirements of subparts B through R of this part 
are promulgated to implement the Lead-Based Paint Poisoning Prevention 
Act, as amended (42 U.S.C. 4821 et seq.), and the Residential Lead-Based 
Paint Hazard

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Reduction Act of 1992 (42 U.S.C. 4851 et seq.).
    (b) Applicability--(1) This subpart. This subpart applies to all 
target housing that is federally owned and target housing receiving 
Federal assistance to which subparts C, D, F through M, and R of this 
part apply, except where indicated.
    (2) Other subparts--(i) General. Subparts C, D, and F through M of 
this part each set forth requirements for a specific type of Federal 
housing activity or assistance, such as multifamily mortgage insurance, 
project-based rental assistance, rehabilitation, or tenant-based rental 
assistance. Subpart R of this part provides standards and methods for 
activities required in subparts B, C, D, and F through M of this part.
    (ii) Application to programs. Most HUD housing programs are covered 
by only one subpart of this part, but some programs can be used for more 
than one type of assistance and therefore are covered by more than one 
subpart of this part. A current list of programs covered by each subpart 
of this part is available on the internet at www.hud.gov, or by mail 
from the National Lead Information Center at 1-800-424-LEAD. Examples of 
flexible programs that can provide more than one type of assistance are 
the HOME Investment Partnerships program, the Community Development 
Block Grant program, and the Indian Housing Block Grant Program. 
Grantees, participating jurisdictions, Indian tribes and other entities 
administering such flexible programs must decide which subpart applies 
to the type of assistance being provided to a particular dwelling unit 
or residential property.
    (iii) Application to dwelling units. In some cases, more than one 
type of assistance may be provided to the same dwelling unit. In such 
cases, the subpart or section with the most protective initial hazard 
reduction requirements applies. Paragraph (c) of this section provides a 
table that lists the subparts and sections of this part in order from 
the most protective to the least protective. (This list is based only on 
the requirements for initial hazard reduction. The summary of 
requirements on this list is not a complete list of requirements. It is 
necessary to refer to the applicable subparts and sections to determine 
all applicable requirements.)
    (iv) Example. A multifamily building has 100 dwelling units and was 
built in 1965. The property is financed with HUD multifamily mortgage 
insurance. This building is covered by subpart G of this part (see 
Sec. 35.625--Multifamily mortgage insurance for properties constructed 
after 1959), which is at protectiveness level 5 in the table set forth 
in paragraph (c) of this section. In the same building, however, 50 of 
the 100 dwelling units are receiving project-based assistance, and the 
average annual assistance per assisted unit is $5,500. Those 50 units, 
and common areas servicing those units, are covered by the requirements 
of subpart H of this part (see Sec. 35.715--Project-based assistance for 
multifamily properties receiving more than $5,000 per unit), which are 
at protectiveness level 3. Therefore, because level 3 is a higher level 
of protectiveness than level 5, the units receiving project-based 
assistance, and common areas servicing those units, must comply at level 
3, while the rest of the building can be operated at level 5. The owner 
may choose to operate the entire building at level 3 for simplicity.
    (c) Table One. The following table lists the subparts and sections 
of this part applying to HUD programs in order from most protective to 
least protective hazard reduction requirements. The summary of hazard 
reduction requirements in this table is not complete. Readers must refer 
to relevant subpart for complete requirements.

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Level of                                                        Hazard reduction
protection  Subpart, section, and type of assistance            requirements
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1...........Subpart L, Public housing. Subpart G, Sec.  35.630, Full abatement
            Multifamily mortgage insurance for conversions and  of lead-based
            major rehabilitations.                              paint.
2...........Subpart J, Sec.  35.930(d), Properties receiving    Abatement of 
            more than $25,000 per unit in rehabilitation        lead-based
            assistance.                                         paint hazards.

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3...........Subpart G, Sec.  35.620, Multifamily mortgage       Interim controls.
            insurance for properties constructed before 1960,
            other than conversions and major rehabilitations.
            Subpart H, Sec.  35.715, Project-based assistance
            for multifamily properties receiving more than
            $5,000 per unit. Subpart I, HUD-owned multifamily
            property. Subpart J, Sec.  35.930(c), Properties
            receiving more than $5,000 and up to $25,000 per
            unit in rehabilitation assistance.
4...........Subpart F, HUD-owned single family properties.       Paint stabilizatio
            Subpart H, Sec.  35.720, Project-based rental
            assistance for multifamily properties receiving up
            to $5,000 per unit and single family properties.
            Subpart K, Acquisition, leasing, support services,
            or operation. Subpart M, Tenant-based rental
            assistance.
5...........Subpart G, Sec.  35.625, Multifamily mortgage        Ongoing lead-based
            insurance for properties constructed after 1959.     paint maintenance.
6...........Subpart J, Sec.  35.930(b), Properties receiving up  Safe work practices
            to and including $5,000 in rehabilitation            during ehabilitation.
            assistance.
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Sec. 35.105 Effective Dates.

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    The effective date for subparts B through R of this part is 
September 15, 2000, except that the effective date for prohibited 
methods of paint removal, described in Sec. 35.140, is November 15, 
1999. Subparts F through M of this part provide further information on 
the application of the effective date to specific programs. Before 
September 15, 2000, a designated party has the option of following the 
procedures in subparts B through R of this part, or complying with 
current HUD lead-based paint regulations.

Sec. 35.106 Information collection requirements.

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    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) in accordance 
with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 
2501-3520), and have been assigned OMB control number 2539-0009. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection displays a 
valid control number.

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    Abatement means any set of measures designed to permanently 
eliminate lead-based paint or lead-based paint hazards (see definition 
of ``permanent''). Abatement includes:
    (1) The removal of lead-based paint and dust-lead hazards, the 
permanent enclosure or encapsulation of lead-based paint, the 
replacement of components or fixtures painted with lead-based paint, and 
the removal or permanent covering of soil-lead hazards; and
    (2) All preparation, cleanup, disposal, and post abatement clearance 
testing activities associated with such measures.
    Act means the Lead-Based Paint Poisoning Prevention Act, as amended, 
42 U.S.C. 4822 et seq.
    Bare soil means soil or sand not covered by grass, sod, other live 
ground covers, wood chips, gravel, artificial turf, or similar covering.
    Certified means licensed or certified to perform such activities as 
risk assessment, lead-based paint inspection, or abatement supervision, 
either by a State or Indian tribe with a lead-based paint certification 
program authorized by the Environmental Protection Agency (EPA), or by 
the EPA, in accordance with 40 CFR part 745, subparts L or Q.
    Chewable surface means an interior or exterior surface painted with 
lead-based paint that a young child can mouth or chew. A chewable 
surface is the same as an ``accessible surface'' as defined in 42 U.S.C. 
4851b(2)). Hard metal substrates and other materials that cannot be 
dented by the bite of a young child are not considered chewable.
    Clearance examination means an activity conducted following lead-
based paint hazard reduction activities to determine that the hazard 
reduction activities are complete and that no soil-lead hazards or 
settled dust-lead hazards, as defined in this part, exist in the 
dwelling unit or worksite. The

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clearance process includes a visual assessment and collection and 
analysis of environmental samples. Dust-lead standards for clearance are 
found at Sec. 35.1320.
    CILP recipient means an owner of a multifamily property which is 
undergoing rehabilitation funded by the Flexible Subsidy-Capital 
Improvement Loan Program (CILP).
    Common area means a portion of a residential property that is 
available for use by occupants of more than one dwelling unit. Such an 
area may include, but is not limited to, hallways, stairways, laundry 
and recreational rooms, playgrounds, community centers, on-site day care 
facilities, garages and boundary fences.
    Component means an architectural element of a dwelling unit or 
common area identified by type and location, such as a bedroom wall, an 
exterior window sill, a baseboard in a living room, a kitchen floor, an 
interior window sill in a bathroom, a porch floor, stair treads in a 
common stairwell, or an exterior wall.
    Composite sample means a collection of more than one sample of the 
same medium (e.g., dust, soil or paint) from the same type of surface 
(e.g., floor, interior window sill, or window trough), such that 
multiple samples can be analyzed as a single sample.
    Containment means the physical measures taken to ensure that dust 
and debris created or released during lead-based paint hazard reduction 
are not spread, blown or tracked from inside to outside of the worksite.
    Designated party means a Federal agency, grantee, subrecipient, 
participating jurisdiction, housing agency, CILP recipient, Indian 
tribe, tribally designated housing entity (TDHE), sponsor or property 
owner responsible for complying with applicable requirements.
    Deteriorated paint means any interior or exterior paint or other 
coating that is peeling, chipping, chalking or cracking, or any paint or 
coating located on an interior or exterior surface or fixture that is 
otherwise damaged or separated from the substrate.
    Dry sanding means sanding without moisture and includes both hand 
and machine sanding.
    Dust-lead hazard means surface dust that contains a dust-lead 
loading (area concentration of lead) at or exceeding the levels 
promulgated by the EPA pursuant to section 403 of the Toxic Substances 
Control Act or, if such levels are not in effect, the standards in 
Sec. 35.1320.
    Dwelling unit means a:
    (1) Single-family dwelling, including attached structures such as 
porches and stoops; or
    (2) Housing unit in a structure that contains more than 1 separate 
housing unit, and in which each such unit is used or occupied, or 
intended to be used or occupied, in whole or in part, as the home or 
separate living quarters of 1 or more persons.
    Encapsulation means the application of a covering or coating that 
acts as a barrier between the lead-based paint and the environment and 
that relies for its durability on adhesion between the encapsulant and 
the painted surface, and on the integrity of the existing bonds between 
paint layers and between the paint and the substrate. Encapsulation may 
be used as a method of abatement if it is designed and performed so as 
to be permanent (see definition of ``permanent'').
    Enclosure means the use of rigid, durable construction materials 
that are mechanically fastened to the substrate in order to act as a 
barrier between lead-based paint and the environment. Enclosure may be 
used as a method of abatement if it is designed to be permanent (see 
definition of ``permanent'').
    Environmental intervention blood lead level means a confirmed 
concentration of lead in whole blood equal to or greater than 20 
g/dL (micrograms of lead per deciliter) for a single test or 
15-19 g/dL in two tests taken at least 3 months apart.
    Evaluation means a risk assessment, a lead hazard screen, a lead-
based paint inspection, paint testing, or a combination of these to 
determine the presence of lead-based paint hazards or lead-based paint.
    Expected to reside means there is actual knowledge that a child will 
reside in a dwelling unit reserved for the elderly or designated 
exclusively for persons with disabilities. If a resident

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woman is known to be pregnant, there is actual knowledge that a child 
will reside in the dwelling unit.
    Federal agency means the United States or any executive department, 
independent establishment, administrative agency and instrumentality of 
the United States, including a corporation in which all or a substantial 
amount of the stock is beneficially owned by the United States or by any 
of these entities. The term ``Federal agency'' includes, but is not 
limited to, Rural Housing Service (formerly Rural Housing and Community 
Development Service that was formerly Farmer's Home Administration), 
Resolution Trust Corporation, General Services Administration, 
Department of Defense, Department of Veterans Affairs, Department of the 
Interior, and Department of Transportation.
    Federally owned property means residential property owned or managed 
by a Federal agency, or for which a Federal agency is a trustee or 
conservator.
    Firm commitment means a valid commitment issued by HUD or the 
Federal Housing Commissioner setting forth the terms and conditions upon 
which a mortgage will be insured or guaranteed.
    Friction surface means an interior or exterior surface that is 
subject to abrasion or friction, including, but not limited to, certain 
window, floor, and stair surfaces.
    g means gram, mg means milligram (thousandth of a gram), and 
g means microgram (millionth of a gram).
    Grantee means any State or local government, Indian tribe, IHBG 
recipient, insular area or nonprofit organization that has been 
designated by HUD to administer Federal housing assistance under a 
program covered by subparts J and K of this part, except the HOME 
program or the Flexible Subsidy-Capital Improvement Loan Program (CILP).
    Hard costs of rehabilitation means:
    (1) Costs to correct substandard conditions or to meet applicable 
local rehabilitation standards;
    (2) Costs to make essential improvements, including energy-related 
repairs, and those necessary to permit use by persons with disabilities; 
and costs to repair or replace major housing systems in danger of 
failure; and
    (3) Costs of non-essential improvements, including additions and 
alterations to an existing structure; but
    (4) Hard costs do not include administrative costs (e.g., overhead 
for administering a rehabilitation program, processing fees, etc.).
    Hazard reduction means measures designed to reduce or eliminate 
human exposure to lead-based paint hazards through methods including 
interim controls or abatement or a combination of the two.
    HEPA vacuum means a vacuum cleaner device with an included high-
efficiency particulate air (HEPA) filter through which the contaminated 
air flows, operated in accordance with the instructions of its 
manufacturer. A HEPA filter is one that captures at least 99.97 percent 
of airborne particles of at least 0.3 micrometers in diameter.
    Housing for the elderly means retirement communities or similar 
types of housing reserved for households composed of one or more persons 
62 years of age or more, or other age if recognized as elderly by a 
specific Federal housing assistance program.
    Housing receiving Federal assistance means housing which is covered 
by an application for HUD mortgage insurance, receives housing 
assistance payments under a program administered by HUD, or otherwise 
receives more than $5,000 in project-based assistance under a Federal 
housing program administered by an agency other than HUD.
    HUD means the United States Department of Housing and Urban 
Development.
    HUD-owned property means residential property owned or managed by 
HUD, or for which HUD is a trustee or conservator.
    Impact surface means an interior or exterior surface that is subject 
to damage by repeated sudden force, such as certain parts of door 
frames.
    Indian Housing Block Grant (IHBG) recipient means a tribe or a 
tribally designated housing entity (TDHE) receiving IHBG funds.

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    Indian tribe means a tribe as defined in the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
    Inspection (See Lead-based paint inspection).
    Insular areas means Guam, the Northern Mariana Islands, the United 
States Virgin Islands and American Samoa.
    Interim controls means a set of measures designed to reduce 
temporarily human exposure or likely exposure to lead-based paint 
hazards. Interim controls include, but are not limited to, repairs, 
painting, temporary containment, specialized cleaning, clearance, 
ongoing lead-based paint maintenance activities, and the establishment 
and operation of management and resident education programs.
    Interior window sill means the portion of the horizontal window 
ledge that protrudes into the interior of the room, adjacent to the 
window sash when the window is closed. The interior window sill is 
sometimes referred to as the window stool.
    Lead-based paint means paint or other surface coatings that contain 
lead equal to or exceeding 1.0 milligram per square centimeter or 0.5 
percent by weight or 5,000 parts per million (ppm) by weight.
    Lead-based paint hazard means any condition that causes exposure to 
lead from dust-lead hazards, soil-lead hazards, or lead-based paint that 
is deteriorated or present in chewable surfaces, friction surfaces, or 
impact surfaces, and that would result in adverse human health effects.
    Lead-based paint inspection means a surface-by-surface investigation 
to determine the presence of lead-based paint and the provision of a 
report explaining the results of the investigation.
    Lead hazard screen means a limited risk assessment activity that 
involves paint testing and dust sampling and analysis as described in 40 
CFR 745.227(c) and soil sampling and analysis as described in 40 CFR 
745.227(d).
    Mortgagee means a lender of a mortgage loan.
    Mortgagor means a borrower of a mortgage loan.
    Multifamily property means a residential property containing five or 
more dwelling units.
    Occupant means a person who inhabits a dwelling unit.
    Owner means a person, firm, corporation, nonprofit organization, 
partnership, government, guardian, conservator, receiver, trustee, 
executor, or other judicial officer, or other entity which, alone or 
with others, owns, holds, or controls the freehold or leasehold title or 
part of the title to property, with or without actually possessing it. 
The definition includes a vendee who possesses the title, but does not 
include a mortgagee or an owner of a reversionary interest under a 
ground rent lease.
    Paint stabilization means repairing any physical defect in the 
substrate of a painted surface that is causing paint deterioration, 
removing loose paint and other material from the surface to be treated, 
and applying a new protective coating or paint.
    Paint testing means the process of determining, by a certified lead-
based paint inspector or risk assessor, the presence or the absence of 
lead-based paint on deteriorated paint surfaces or painted surfaces to 
be disturbed or replaced.
    Paint removal means a method of abatement that permanently 
eliminates lead-based paint from surfaces.
    Painted surface to be disturbed means a paint surface that is to be 
scraped, sanded, cut, penetrated or otherwise affected by rehabilitation 
work in a manner that could potentially create a lead-based paint hazard 
by generating dust, fumes, or paint chips.
    Participating jurisdiction means any State or local government that 
has been designated by HUD to administer a HOME program grant.
    Permanent means an expected design life of at least 20 years.
    Play area means an area of frequent soil contact by children of less 
than 6 years of age, as indicated by the presence of play equipment 
(e.g. sandboxes, swing sets, sliding boards, etc.) or toys or other 
children's possessions, observations of play patterns, or information 
provided by parents, residents or property owners.

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    Project-based rental assistance means Federal rental assistance that 
is tied to a residential property with a specific location and remains 
with that particular location throughout the term of the assistance.
    Public health department means a State, tribal, county or municipal 
public health department or the Indian Health Service.
    Public housing development means a residential property assisted 
under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), 
but not including housing assisted under section 8 of the 1937 Act.
    Reevaluation means a visual assessment of painted surfaces and 
limited dust and soil sampling conducted periodically following lead-
based paint hazard reduction where lead-based paint is still present.
    Rehabilitation means the improvement of an existing structure 
through alterations, incidental additions or enhancements. 
Rehabilitation includes repairs necessary to correct the results of 
deferred maintenance, the replacement of principal fixtures and 
components, improvements to increase the efficient use of energy, and 
installation of security devices.
    Replacement means a strategy of abatement that entails the removal 
of building components that have surfaces coated with lead-based paint 
and the installation of new components free of lead-based paint.
    Residential property means a dwelling unit, common areas, building 
exterior surfaces, and any surrounding land, including outbuildings, 
fences and play equipment affixed to the land, belonging to an owner and 
available for use by residents, but not including land used for 
agricultural, commercial, industrial or other non-residential purposes, 
and not including paint on the pavement of parking lots, garages, or 
roadways.
    Risk assessment means:
    (1) An on-site investigation to determine the existence, nature, 
severity, and location of lead-based paint hazards; and
    (2) The provision of a report by the individual or firm conducting 
the risk assessment explaining the results of the investigation and 
options for reducing lead-based paint hazards.
    Single family property means a residential property containing one 
through four dwelling units.
    Single room occupancy (SRO) housing means housing consisting of 
zero-bedroom dwelling units that may contain food preparation or 
sanitary facilities or both (see Zero-bedroom dwelling).
    Soil-lead hazard means bare soil on residential property that 
contains lead equal to or exceeding levels promulgated by the U.S. 
Environmental Protection Agency pursuant to section 403 of the Toxic 
Substances Control Act or, if such levels are not in effect, the 
following levels: 400 g/g in play areas; and 2000 g/g 
in other areas with bare soil that total more than 9 square feet (0.8 
square meters) per residential property.
    Sponsor means mortgagor (borrower).
    Subrecipient means any nonprofit organization selected by the 
grantee or participating jurisdiction to administer all or a portion of 
the Federal rehabilitation assistance or other non-rehabilitation 
assistance, or any such organization selected by a subrecipient of the 
grantee or participating jurisdiction. An owner or developer receiving 
Federal rehabilitation assistance or other assistance for a residential 
property is not considered a subrecipient for the purposes of carrying 
out that project.
    Standard treatments means a series of hazard reduction measures 
designed to reduce all lead-based paint hazards in a dwelling unit 
without the benefit of a risk assessment or other evaluation.
    Substrate means the material directly beneath the painted surface 
out of which the components are constructed, including wood, drywall, 
plaster, concrete, brick or metal.
    Target housing means 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. In the case of jurisdictions which banned the sale or 
use of lead-based paint prior to 1978, HUD may designate an earlier 
date.

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    Tenant means the individual named as the lessee in a lease, rental 
agreement or occupancy agreement for a dwelling unit.
    Visual assessment means looking for, as applicable:
    (1) Deteriorated paint;
    (2) Visible surface dust, debris and residue as part of a risk 
assessment or clearance examination; or
    (3) The completion or failure of a hazard reduction measure.
    Wet sanding or wet scraping means a process of removing loose paint 
in which the painted surface to be sanded or scraped is kept wet to 
minimize the dispersal of paint chips and airborne dust.
    Window trough means the area between the interior window sill 
(stool) and the storm window frame. If there is no storm window, the 
window trough is the area that receives both the upper and lower window 
sashes when they are both lowered.
    Worksite means an interior or exterior area where lead-based paint 
hazard reduction activity takes place. There may be more than one 
worksite in a dwelling unit or at a residential property.
    Zero-bedroom dwelling means any residential dwelling in which the 
living areas are not separated from the sleeping area. The term includes 
efficiencies, studio apartments, dormitory or single room occupancy 
housing, military barracks, and rentals of individual rooms in 
residential dwellings (see Single room occupancy (SRO)).

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    (a) Subparts B through R of this part do not apply to the following:
    (1) A residential property for which construction was completed on 
or after January 1, 1978, or, in the case of jurisdictions which banned 
the sale or residential use of lead-containing paint prior to 1978, an 
earlier date as HUD may designate (see Sec. 35.160).
    (2) A zero-bedroom dwelling unit, including a single room occupancy 
(SRO) dwelling unit.
    (3) Housing for the elderly, or a residential property designated 
exclusively for persons with disabilities; except this exemption shall 
not apply if a child less than age 6 resides or is expected to reside in 
the dwelling unit (see definitions of ``housing for the elderly'' and 
``expected to reside'' in Sec. 35.110).
    (4) Residential property found not to have lead-based paint by a 
lead-based paint inspection conducted in accordance with Sec. 35.1320(a) 
(for more information regarding inspection procedures consult the 1997 
edition of Chapter 7 of the HUD Guidelines). Results of additional 
test(s) by a certified lead-based paint inspector may be used to confirm 
or refute a prior finding.
    (5) Residential property in which all lead-based paint has been 
identified, removed, and clearance has been achieved in accordance with 
40 CFR 745.227(b)(e) before September 15, 2000, or in accordance with 
Secs. 35.1320, 35.1325 and 35.1340 on or after September 15, 2000. This 
exemption does not apply to residential property where enclosure or 
encapsulation has been used as a method of abatement.
    (6) An unoccupied dwelling unit or residential property that is to 
be demolished, provided the dwelling unit or property will remain 
unoccupied until demolition.
    (7) A property or part of a property that is not used and will not 
be used for human residential habitation, except that spaces such as 
entryways, hallways, corridors, passageways or stairways serving both 
residential and nonresidential uses in a mixed-use property shall not be 
exempt.
    (8) Any rehabilitation that does not disturb a painted surface.
    (9) For emergency actions immediately necessary to safeguard against 
imminent danger to human life, health or safety, or to protect property 
from further structural damage (such as when a property has been damaged 
by a natural disaster, fire, or structural collapse), occupants shall be 
protected from exposure to lead in dust and debris generated by such 
emergency actions to the extent practicable, and the requirements of 
subparts B through R of this part shall not apply. This exemption 
applies only to repairs necessary to respond to the emergency. The 
requirements of subparts B through R of this part shall apply to any 
work undertaken subsequent to, or

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above and beyond, such emergency actions.
    (10) If a Federal law enforcement agency has seized a residential 
property and owns the property for less than 270 days, Secs. 35.210 and 
35.215 shall not apply to the property.
    (11) The requirements of subpart K of this part do not apply if the 
assistance being provided is emergency rental assistance or foreclosure 
prevention assistance, provided that this exemption shall expire for a 
dwelling unit no later than 100 days after the initial payment or 
assistance.
    (12) Performance of an evaluation or lead-based paint hazard 
reduction or lead-based paint abatement on an exterior painted surface 
as required under this part may be delayed for a reasonable time during 
a period when weather conditions are unsuitable for conventional 
construction activities.
    (13) Where abatement of lead-based paint hazards or lead-based paint 
is required by this part and the property is listed or has been 
determined to be eligible for listing in the National Register of 
Historic Places or contributing to a National Register Historic 
District, the designated party may, if requested by the State Historic 
Preservation Office, conduct interim controls in accordance with 
Sec. 35.1330 instead of abatement. If interim controls are conducted, 
ongoing lead-based paint maintenance and reevaluation shall be conducted 
as required by the applicable subpart of this part in accordance with 
Sec. 35.1355.
    (b) For the purposes of subpart C of this part, each Federal agency 
other than HUD will determine whether appropriations are sufficient to 
implement this rule. If appropriations are not sufficient, subpart C of 
this part shall not apply to that Federal agency. If appropriations are 
sufficient, subpart C of this part shall apply.

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    (a) Standard treatments. Where interim controls are required by this 
part, the designated party has the option to presume that lead-based 
paint or lead-based paint hazards or both are present throughout the 
residential property. In such a case, evaluation is not required. 
Standard treatments shall then be conducted in accordance with 
Sec. 35.1335 on all applicable surfaces, including soil. Standard 
treatments are completed only when clearance is achieved in accordance 
with Sec. 35.1340.
    (b) Abatement. Where abatement is required by this part, the 
designated party may presume that lead-based paint or lead-based paint 
hazards or both are present throughout the residential property. In such 
a case, evaluation is not required. Abatement shall then be conducted on 
all applicable surfaces, including soil, in accordance with 
Sec. 35.1325, and completed when clearance is achieved in accordance 
with Sec. 35.1340. This option is not available in public housing, where 
inspection is required.
    (c) Lead hazard screen. Where a risk assessment is required, the 
designated party may choose first to conduct a lead hazard screen in 
accordance with Sec. 35.1320(b). If the results of the lead hazard 
screen indicate the need for a full risk assessment (e.g., if the 
environmental measurements exceed levels established for lead hazard 
screens in Sec. 35.1320(b)(2)), a complete risk assessment shall be 
conducted. Environmental samples collected for the lead hazard screen 
may be used in the risk assessment. If the results of the lead hazard 
screen do not indicate the need for a follow-up risk assessment, a risk 
assessment is not required.
    (d) Paint testing. Where paint stabilization or interim controls of 
deteriorated paint surfaces are required by this rule, the designated 
party has the option to conduct paint testing of all surfaces with non-
intact paint. If paint testing indicates the absence of lead-based paint 
on a specific surface, paint stabilization or interim controls are not 
required on that surface.

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    The following activities shall be conducted if notice is required by 
subparts D and F through M of this part.
    (a) Notice of evaluation or presumption. When evaluation is 
undertaken and lead-based paint or lead-based paint hazards are found to 
be present, or if a presumption is made that lead-based paint or lead-
based paint hazards are present in accordance with the options

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described in Sec. 35.120, the designated party shall provide a notice to 
occupants within 15 calendar days of the date when the designated party 
receives the report or makes the presumption.
    (1) The notice of the evaluation shall include:
    (i) A summary of the nature, scope and results of the evaluation;
    (ii) A contact name, address and telephone number for more 
information, and to obtain access to the actual evaluation report; and
    (iii) The date of the notice.
    (2) The notice of presumption shall include:
    (i) The nature and scope of the presumption;
    (ii) A contact name, address and telephone number for more 
information; and
    (iii) The date of the notice.
    (b) Notice of hazard reduction activity. When hazard reduction 
activities are undertaken, each designated party shall:
    (1) Provide a notice to occupants no more than 15 calendar days 
after the hazard reduction activities have been completed. Notice of 
hazard reduction shall include, but not be limited to:
    (i) A summary of the nature, scope and results (including 
clearance), of the hazard reduction activities.
    (ii) A contact name, address and telephone number for more 
information; and
    (iii) Available information on the location of any remaining lead-
based paint in the rooms, spaces or areas where hazard reduction 
activities were conducted, on a surface-by-surface basis;
    (2) Update the notice, based on reevaluation of the residential 
property and as any additional hazard reduction work is conducted.
    (c) Availability of notices of evaluation, presumption, and hazard 
reduction activities. (1) The notices of evaluation, presumption, and 
hazard reduction shall be of a size and type that is easily read by 
occupants.
    (2) To the extent practicable, each notice shall be made available, 
upon request, in a format accessible to persons with disabilities (e.g., 
Braille, large type, computer disk, audio tape).
    (3) Each notice shall be provided in the occupants' primary language 
or in the language of the occupants' contract or lease.
    (4) The designated party shall provide each notice to the occupants 
by:
    (i) Posting and maintaining it in centrally located common areas and 
distributing it to any dwelling unit if necessary because the head of 
household is a person with a known disability; or
    (ii) Distributing it to each occupied dwelling unit affected by the 
evaluation, presumption, or hazard reduction activity or serviced by 
common areas in which an evaluation, presumption or hazard reduction has 
taken place.

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    If provision of a lead hazard information pamphlet is required in 
subparts D and F through M of this part, the designated party shall 
provide to each occupied dwelling unit to which subparts D and F through 
M of this part apply, the lead hazard information pamphlet developed by 
EPA, HUD and the Consumer Product Safety Commission pursuant to section 
406 of the Toxic Substances Control Act (15 U.S.C. 2686), or an EPA-
approved alternative; except that the designated party need not provide 
a lead hazard information pamphlet if the designated party can 
demonstrate that the pamphlet has already been provided in accordance 
with the lead-based paint notification and disclosure requirements at 
Sec. 35.88(a)(1), or 40 CFR 745.107(a)(1) or in accordance with the 
requirements for hazard education before renovation at 40 CFR part 745, 
subpart E.

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    (a) New use prohibition. The use of paint containing more than 0.06 
percent dry weight of lead on any interior or exterior surface in 
federally owned housing or housing receiving Federal assistance is 
prohibited. As appropriate, each Federal agency shall include the 
prohibition in contracts, grants, cooperative agreements, insurance 
agreements, guaranty agreements, trust agreements, or other similar 
documents.
    (b) Pre-1978 prohibition. In the case of a jurisdiction which banned 
the sale or

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residential use of lead-containing paint before 1978, HUD may designate 
an earlier date for certain provisions of subparts D and F through M of 
this part.

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    The following methods shall not be used to remove paint that is, or 
may be, lead-based paint:
    (a) Open flame burning or torching.
    (b) Machine sanding or grinding without a high-efficiency 
particulate air (HEPA) local exhaust control.
    (c) Abrasive blasting or sandblasting without HEPA local exhaust 
control.
    (d) Heat guns operating above 1100 degrees Fahrenheit or charring 
the paint.
    (e) Dry sanding or dry scraping, except dry scraping in conjunction 
with heat guns or within 1.0 ft. (0.30 m.) of electrical outlets, or 
when treating defective paint spots totaling no more than 2 sq. ft. (0.2 
sq. m.) in any one interior room or space, or totaling no more than 20 
sq. ft. (2.0 sq. m.) on exterior surfaces.
    (f) Paint stripping in a poorly ventilated space using a volatile 
stripper that is a hazardous substance in accordance with regulations of 
the Consumer Product Safety Commission at 16 CFR 1500.3, and/or a 
hazardous chemical in accordance with the Occupational Safety and Health 
Administration regulations at 29 CFR 1910.1200 or 1926.59, as applicable 
to the work.

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    All lead-based paint activities, including waste disposal, performed 
under this part shall be performed in accordance with applicable Federal 
laws and authorities. For example, such activities are subject to the 
applicable environmental review requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Toxic 
Substances Control Act, Title IV (15 U.S.C. 2860 et seq.), and other 
environmental laws and authorities (see, e.g., laws and authorities 
listed in Sec. 50.4 of this title).

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    (a) HUD responsibility. If HUD determines that a State, tribal or 
local law, ordinance, code or regulation provides for evaluation or 
hazard reduction in a manner that provides a comparable level of 
protection from the hazards of lead-based paint poisoning to that 
provided by the requirements of subparts B, C, D, F through M and R of 
this part and that adherence to the requirements of subparts B, C, D, F 
through M, and R of this part, would be duplicative or otherwise cause 
inefficiencies, HUD may modify or waive some or all of the requirements 
of the subparts in a manner that will promote efficiency while ensuring 
a comparable level of protection.
    (b) Participant responsibility. Nothing in this part is intended to 
relieve any participant in a program covered by this subpart of any 
responsibility for compliance with State, tribal or local laws, 
ordinances, codes or regulations governing evaluation and hazard 
reduction. If a State, tribal or local law, ordinance, code or 
regulation defines lead-based paint differently than the Federal 
definition, the more protective definition (i.e., the lower level) shall 
be followed in that State, tribal or local jurisdiction.

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    (a) Nothing in subparts B, C, D, F through M, and R of this part is 
intended to preclude a designated party or occupant from conducting 
additional evaluation or hazard reduction measures beyond the minimum 
requirements established for each program in this regulation. For 
example, if the applicable subpart requires visual assessment, the 
designated party may choose to perform a risk assessment in accordance 
with Sec. 35.1320. Similarly, if the applicable subpart requires interim 
controls, a designated party or occupant may choose to implement 
abatement in accordance with Sec. 35.1325.
    (b) To the extent that assistance from any of the programs covered 
by subparts B, C, D, and F through M of this part is used in conjunction 
with

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other HUD program assistance, the most protective requirements prevail.

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    In accordance with Sec. 5.110 of this title, on a case-by-case basis 
and upon determination of good cause, HUD may, subject to statutory 
limitations, waive any provision of subparts B, C, D, F through M, and R 
of this part.

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    If an evaluation or hazard reduction was conducted at a residential 
property or dwelling unit before the property or dwelling unit became 
subject to the requirements of subparts B, C, D, F through M, and R of 
this part, such an evaluation, hazard reduction or abatement meets the 
requirements of subparts B, C, D, F through M, and R of this part and 
need not be repeated under the following conditions:
    (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:
    (i) At the time of the inspection the lead-based paint inspector was 
approved by a State or Indian tribe to perform lead-based paint 
inspections. It is not necessary that the State or tribal approval 
program had EPA authorization at the time of the inspection.
    (ii) Notwithstanding paragraph (a)(1)(i) of this section, the 
inspection was conducted and accepted as valid by a housing agency in 
fulfillment of the lead-based paint inspection requirement of the public 
and Indian housing program.
    (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) Risk assessment. (1) A risk assessment must be no more than 12 
months old to be considered current.
    (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.
    (4) Paragraph (b) of this section does not apply in a case where a 
risk assessment is required in response to the identification of a child 
with an environmental intervention blood lead level. In such a case, the 
requirements in the applicable subpart for responding to a child with an 
environmental intervention blood lead level shall apply.
    (c) Interim controls. If a residential property is under a program 
of interim controls and ongoing lead-based paint maintenance and 
reevaluation activities established pursuant to a risk assessment 
conducted in accordance with paragraph (b) of this section, the interim 
controls that have been conducted meet the requirements of this part if 
clearance was achieved after such controls were implemented. In such a 
case, the program of interim controls and ongoing activities shall be 
continued in accordance with the requirements of this part.
    (d) Abatement. (1) An abatement conducted before the date specified 
in 40 CFR 745.239(b) meets the requirements of this part if:
    (i) At the time of the abatement the abatement supervisor was 
approved by a State or Indian tribe to perform lead-based paint 
abatement. It is not necessary that the State or tribal approval program 
had EPA authorization at the time of the abatement.
    (ii) Notwithstanding paragraph (d)(1)(i) of this section, it was 
conducted and accepted by a housing agency in fulfillment of the lead-
based paint abatement requirement of the public housing program or by an 
Indian housing authority (as formerly defined under the U.S. Housing Act 
of 1937) in fulfillment of the lead-based paint requirement of the 
Indian housing program formerly funded under the U.S. Housing Act of 
1937.
    (2) An abatement conducted on or after the date specified in 40 CFR 
745.239(b) must have been conducted

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under the supervision of a certified lead-based paint abatement 
supervisor.

[64 FR 50208, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000]

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    (a) Monitoring and enforcement. A designated party who fails to 
comply with any requirement of subparts B, C, D, F through M, and R of 
this part shall be subject to the sanctions available under the relevant 
Federal housing assistance or ownership program and may be subject to 
other penalties authorized by law.
    (b) A property owner who informs a potential purchaser or occupant 
of lead-based paint or possible lead-based paint hazards in a 
residential property or dwelling unit, in accordance with subpart A of 
this part, is not relieved of the requirements to evaluate and reduce 
lead-based paint hazards in accordance with subparts B through R of this 
part as applicable.

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    The designated party, as specified in subparts C, D, and F through M 
of this part, shall keep a copy of each notice, evaluation, and 
clearance or abatement report required by subparts C, D, and F through M 
of this part for at least three years. Those records applicable to a 
portion of a residential property for which ongoing lead-based paint 
maintenance and/or reevaluation activities are required shall be kept 
and made available for the Department's review, until at least three 
years after such activities are no longer required.

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