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| Attachment 24-2:                                                      |
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| Historic Properties and the Lead Safe Housing Rule                    |
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| **(24 CFR Part 35, Subparts B-R)**                                    |
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## A. [Introduction.]{.underline} This attachment explains the Lead Safe Housing Rule's allowance for interim controls instead of abatement on historic properties. Based on recent discussions with various State Historic Preservation Offices (SHPO), it appears that some HUD grantees and sub-recipients are confused over the application of the Lead Safe Housing Rule (24 CFR Part 35, subparts B-R) to historic properties covered by the Rule because they are federally-assisted or being disposed of by a federal agency. The confusion focuses primarily on the level of treatment (lead abatement or lead interim controls \[defined below\]) required on properties receiving rehabilitation assistance from various HUD programs.

## B. [When Abatement Is Usually Required.]{.underline} As summarized by Table One of the Rule \[in 24 CFR 35.100(c)\]: "Full abatement of lead-based paint" (LBP) is required for:

-   Subpart G, §35.630, Multifamily mortgage insurance for conversions
    and major rehabilitations."

-   Subpart L, Public Housing programs.

> \[Note that these programs covered by Subparts G and L are not CPD
> programs.)
>
> "Abatement of lead-based paint hazards," is required for:

-   Subpart J, §35.930(d)(3), Properties receiving more than \$25,000
    per unit in rehabilitation assistance, except that interim controls
    are allowed on exterior surfaces that are not disturbed by the
    rehabilitation."

## C. [When Interim Controls Are Usually Required.]{.underline} As summarized by Table One of the Rule \[in 24 CFR 35.100(c)\], interim controls are required for:

-   Subpart G, §35.620, Multifamily mortgage insurance for properties
    constructed before 1960, other than conversions and major
    rehabilitations;

-   Subpart H, §35.715, Project-based assistance for multifamily
    properties receiving more than \$5,000 per unit;

-   Subpart I, HUD-owned multifamily property;

-   Subpart J, §35.930(c), Properties receiving more than \$5,000 and up
    to \$25,000 per unit in rehabilitation assistance."

> \[Note that the programs covered by Subparts G, H and I are not CPD
> programs.)
>
> Paint stabilization alone, a lesser level of protection, is required
> for other programs.

**D. [Exemption of Historic Properties from the Lead Abatement
Requirement.]{.underline}** While abatement must usually be conducted on
LBP hazards in properties receiving over \$25,000 in Federal
Rehabilitation Assistance, or on LBP itself under the multifamily
insurance and public housing programs identified above, the Rule also
provides an exemption for historic properties. The exemption \[at 24 CFR
35.115(a)(13)\] says that:

-   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 24 CFR 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 24 CFR 35.1355.

> \[Note that, for this Rule, the \"designated party\" is the entity
> responsible for complying with applicable requirements, of the Rule,
> whether it be a Federal agency, grantee, subrecipient, participating
> jurisdiction, housing agency, Indian tribe, tribally designated
> housing entity, sponsor, or property owner \[24 CFR 35.110)\].

## E. [Technical Considerations of Abatement and Interim Controls Strategies.]{.underline} The Rule defines abatement (at §35.110) as:

-   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.

> Abatement strategies include on- and off-site paint stripping,
> component replacement, enclosure and encapsulation. For the Lead Safe
> Housing Rule, \"permanent\" enclosure or encapsulation means that the
> activity must have \"an expected design life of at least 20 years\" to
> be considered to be abatement (24 CFR 35.110). These various abatement
> methods present a range of options. Thoughtful consideration should be
> given to the selection of an abatement method for each hazard
> identified.
>
> In a historic property, preservation of the component is preferred so
> the anticipated impact of each lead hazard control method on the
> hazardous building component should be assessed before an approach is
> selected. The type and relative amount of damage caused by the
> different abatement methods depends on several factors. These factors
> include: the type of building component affected, number and thickness
> of paint layers, physical condition of the component, interior or
> exterior location on the property, skill level of abatement personnel,
> environmental conditions, etc.
>
> The Rule defines **interim controls** (at 24 CFR 35.110) as:

-   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.

> (Note that the historic preservation exemption from abatement also
> requires ongoing LBP maintenance and reevaluation as specified in the
> Rule. Information on interim controls, ongoing LBP maintenance and
> reevaluation are available on the HUD web site:
> <http://www.hud.gov/offices/lead>.)
>
> Interim control strategies are generally less aggressive than
> abatement techniques. They include paint stabilization with correction
> of substrate defects, specialized cleaning, temporary repairs,
> management and resident education programs, and ongoing LBP
> maintenance.
>
> Because of its finality, some program participants consider component
> replacement (abatement) as the only acceptable approach to lead hazard
> reduction. Others view the cost-effectiveness of component replacement
> as justification for this approach. However, reviewers should note
> that at the SHPO's request, a program participant is allowed to use
> interim controls instead of abatement on interior and exterior
> surfaces. In these cases, the use of interim controls with ongoing
> lead-based paint maintenance rather than abatement should be given
> serious consideration.

## F. [Monitoring.]{.underline} During monitoring, reviewers should assess whether program participants are inappropriately insisting that abatement of lead hazards is the only acceptable approach for lead hazard control in historic properties. For historic properties, interim controls are preferred because they preserve the original structure and are usually less costly. In some cases, however, interim controls are not technically feasible or the condition of the affected building components is poor, making interim controls impractical. Program participants should justify and be able to document their position.

> Reviewers should assess a program participant's position (failure to
> consult with the SHPO or the inappropriate insistence on abatement as
> a lead hazard control strategy) in light of two factors:
>
> 1\) the generally higher costs of abatement relative to interim
> controls; and,

2\) the irreparable damage to a historical property caused by building
component removal or encapsulation.

**G. [National Park Service Guidance.]{.underline}** In addition to the
Rule\'s requirements and the guidance about the Rule listed above, the
National Park Service has published specific guidance on historic
housing and LBP. *Preservation Brief #37*, "Appropriate Methods for
Reducing Lead-Paint Hazards in Historic Housing" contains recommended
historic preservation approaches for lead hazard reduction planning,
appropriate methods for controlling lead hazards, and accepted
maintenance techniques after hazard control treatment. The brief is
available on the Internet at:
<http://www2.cr.nps.gov/tps/briefs/brief37.htm>.

> Reviewers and program participants are encouraged to consult this
> Preservation Brief prior to monitoring any projects involving LBP in
> historic properties.

**H. [HUD *Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing*.]{.underline}** The HUD *Guidelines* provide
detailed, comprehensive, technical information on how to identify
lead-based paint hazards in housing and how to control such hazards
safely and efficiently. They can be downloaded from the Office of
Healthy Homes and Lead Hazard Control website (see address above). The
Environmental Protection Agency cites them as a source of \"documented
methodologies\" for performing lead hazard evaluation and control
activities by LBP inspectors, risk assessors and abatement contractors,
and HUD cites them as a source of guidance for interim control work for
work under its Lead Safe Housing Rule.

> Chapter 18 of the HUD *Guidelines*, on Lead Hazard Control and
> Historic Preservation, describes, step‑by‑step, approaches for
> evaluating and controlling lead hazards in historic properties with
> the intent of retaining historic building materials and their historic
> appearance to the greatest extent possible. These steps include:

-   Identifying the historic preservation issues that may be faced when
    conducting LBP hazard control work;

-   Establishing priorities for intervention;

-   Performing a combination risk assessment and paint inspection;

-   Assessing the danger of lead exposure for each significant
    architectural item;

-   Negotiating the hazard control strategy with the SHPO;

-   Avoiding removal of significant historic materials, the use of harsh
    abrasive cleaners or chemicals that are too strong on historic
    materials, and covering over historic siding, whenever possible and
    financially feasible;

-   Using technically preferred treatments if paint is to be removed,
    and

-   Upon completion of the project, providing educational materials to
    the residents describing the health hazards of LBP and information
    on appropriate housekeeping methods to keep the property in a
    lead-safe condition once lead hazard control work is completed.

## I. [Contacts.]{.underline} For any questions or comments on LBP and historic properties, please contact the following HUD officials:

-   Your Regional or Field Environmental Officer;

-   the Environmental Clearance Officer, Office of Healthy Homes and
    Lead Hazard Control; or

-   the Historic Preservation Officer, Community Planning and
    Development, Office of Community Viability.