**LEAD-BASED PAINT REGULATION SUBPARTS ADOPTED BY RURAL DEVELOPMENT**

Rural Development adopted the following subparts of the HUD 1012 rule.
These subparts replace what is presently in RD Instruction 1924-A,
Exhibit H, and take precedence over what is presently in all Rural
Development Instructions and Handbooks concerning lead-based paint. The
requirements of these subparts are applicable to all housing constructed
prior to 1978 that is financially assisted by the Agency or is being
sold by the Agency. These Rural Development adopted subparts are
provided so field staff will not have to search the thirteen subparts of
the HUD 1012 rule to determine the ones applicable to Rural Development
programs.

**PART 35\--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN**

**RESIDENTIAL STRUCTURES**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Subpart A\--Disclosure of Known Lead-Based Paint and/or 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.

Subpart B\--General Lead-Based Paint Requirements and Definitions for
All Programs

35.100 Purpose and applicability.

35.105 Effective dates.

35.106 Information collection requirements.

35.110 Definitions.

35.115 Exemptions.

35.120 Options.

35.125 Notice of evaluation and hazard reduction activities.

35.130 Lead hazard information pamphlet.

35.135 Use of paint containing lead.

35.140 Prohibited methods of paint removal.

35.145 Compliance with Federal laws and authorities.

35.150 Compliance with other State, tribal, and local laws.

35.155 Minimum requirements.

35.160 Waivers.

35.165 Prior evaluation or hazard reduction.

35.170 Noncompliance with the requirements of subparts B through R.

35.175 Records

Subpart C\--Disposition of Residential Property Owned by a Federal
Agency Other Than HUD

35.200 Purpose and applicability.

35.205 Definitions and other general requirements.

35.210 Disposition of residential property constructed before 1960.

215. Disposition of residential property constructed after 1959 and
     before

1978\.

# Subpart D\--Project-Based Assistance Provided by a Federal Agency Other Than HUD

35.300 Purpose and applicability.

35.305 Definitions and other general requirements.

35.310 Notices and pamphlet.

35.315 Risk assessments.

35.320 Hazard reduction.

35.325 Child with an environmental intervention blood lead level.

# Subpart J\--Rehabilitation

35.905 Definitions and other general requirements.

35.910 Notices and pamphlet.

35.915 Calculating rehabilitation costs, except for the CILP program.

35.925 Examples of determining applicable requirements.

35.930 Evaluation and hazard reduction requirements.

35.940 Special requirements for insular areas.

Subpart R\--Methods and Standards for Lead-Based Paint Hazard Evaluation
and Hazard Reduction Activities.

35.1300 Purpose and applicability

35.1305 Definitions and other general requirements.

35.1310 References.

35.1315 Collection and laboratory analysis of samples.

35.1320 Lead-based paint inspections and risk assessments.

35.1325 Abatement.

35.1330 Interim controls.

35.1335 Standard treatments.

35.1340 Clearance.

35.1345 Occupant protection and worksite preparation

35.1350 Safe work practices.

35.1355 Ongoing lead-based paint maintenance and reevaluation
activities.

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

Sec. 35.80 Purpose.

This subpart implements the provisions of 42 U.S.C. 4852d, which

impose certain requirements on the sale or lease of target housing.

Under this subpart, a seller or lessor of target housing shall disclose

to the purchaser or lessee the presence of any known lead-based paint

and/or lead-based paint hazards; provide available records and reports;

provide the purchaser or lessee with a lead hazard information

pamphlet; give purchasers a 10-day opportunity to conduct a risk

assessment or inspection; and attach specific disclosure and warning

language to the sales or leasing contract before the purchaser or

lessee is obligated under a contract to purchase or lease target

housing.

Sec. 35.82 Scope and applicability.

This subpart applies to all transactions to sell or lease target ousing,
including subleases, with the exception of the following:

\(a\) Sales of target housing at foreclosure.

\(b\) Leases of target housing that have been found to be lead-based
paint free by an inspector certified under the Federal certification
program or under a federally accredited State or tribal certification
program. Until a Federal certification program or federally accredited
State certification program is in place within the State, inspectors
shall be considered qualified to conduct an inspection for this purpose
if they have received certification under any existing State or tribal
inspector certification program. The lessor has the option of using the
results of additional test(s) by a certified inspector to confirm or
refute a prior finding.

\(c\) Short-term leases of 100 days or less, where no lease renewal or
extension can occur.

\(d\) Renewals of existing leases in target housing in which the lessor
has previously disclosed all information required under Sec. 35.9 and
where no new information described in Sec. 35.9 has come into the
possession of the lessor. For the purposes of this paragraph, renewal
shall include both renegotiation of existing lease terms and/or
ratification of a new lease.

Sec. 35.84 Effective dates.

The requirements in this subpart take effect in the following

manner:

\(a\) For owners of more than four residential dwellings, the

requirements shall take effect on September 6, 1996.

\(b\) For owners of one to four residential dwellings, the

requirements shall take effect on December 6, 1996.

Sec. 35.86 Definitions.

The following definitions apply to this subpart.

[The Act]{.underline} means the Residential Lead-Based Paint Hazard
Reduction Act

of 1992, 42 U.S.C. 4852d.

[Agent]{.underline} means any party who enters into a contract with a
seller or lessor, including any party who enters into a contract with a
representative of the seller or lessor, for the purpose of selling or
leasing target housing. This term does not apply to purchasers or any
purchaser\'s representative who receives all compensation from the
purchaser.

[Available]{.underline} means in the possession of or reasonably
obtainable by the seller or lessor at the time of the disclosure.

[Common area]{.underline} means a portion of a building generally
accessible to all residents/users including, but not limited to,
hallways, stairways,laundry and recreational rooms, playgrounds,
community centers, and boundary fences.

[Contract for the purchase and sale of residential real
property]{.underline} means any contract or agreement in which one party
agrees to purchase an interest in real property on which there is
situated one or more residential dwellings used or occupied, or intended
to be used or occupied, in whole or in part, as the home or residence of
one or more persons.

[EPA]{.underline} means the Environmental Protection Agency.

[Evaluation]{.underline} means a risk assessment and/or inspection.

[Foreclosure]{.underline} means any of the various methods, statutory or
otherwise, known in different jurisdictions, of enforcing payment of a
debt, by the taking and selling of real property.

[Housing for the elderly]{.underline} means retirement communities or
similar types of housing reserved for households composed of one or more
persons 62 years of age or more at the time of initial occupancy.

[Inspection]{.underline} means:

\(1\) A surface-by-surface investigation to determine the presence of
lead-based paint as provided in section 302(c) of the Lead-Based Paint

Poisoning and Prevention Act \[42 U.S.C. 4822\], and

\(2\) The provision of a report explaining the results of the
investigation.

[Lead-based paint]{.underline} means paint or other surface coatings
that contain lead equal to or in excess of 1.0 milligram per square
centimeter or

0.5 percent by weight.

[Lead-based paint free housing]{.underline} means target housing that
has been found to be free of paint or other surface coatings that
contain lead equal to or in excess of 1.0 milligram per square
centimeter or 0.5 percent by weight.

[Lead-based paint hazard]{.underline} means any condition that causes
exposure to lead from lead-contaminated dust, lead-contaminated soil, or
lead-contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal
agency.

[Lessee]{.underline} means any entity that enters into an agreement to
lease, rent, or sublease target housing, including but not limited to
individuals, partnerships, corporations, trusts, government agencies,
housing agencies, Indian tribes, and nonprofit organizations.

[Lessor]{.underline} means any entity that offers target housing for
lease, rent, or sublease, including but not limited to individuals,
partnerships, corporations, trusts, government agencies, housing
agencies, Indian tribes, and nonprofit organizations.

[Owner]{.underline} means any entity that has legal title to target
housing, including but not limited to individuals, partnerships,
corporations, trusts, government agencies, housing agencies, Indian
tribes, and nonprofit organizations, except where a mortgagee holds
legal title to property serving as collateral for a mortgage loan, in
which case the owner would be the mortgagor.

[Purchaser]{.underline} means an entity that enters into an agreement to
purchase an interest in target housing, including but not limited to
individuals, partnerships, corporations, trusts, government agencies,
housing agencies, Indian tribes, and nonprofit organizations.

[Reduction]{.underline} means measures designed to reduce or eliminate
human exposure to lead-based paint hazards through methods including
interim controls and abatement.

[Residential dwelling]{.underline} means:

\(1\) A single-family dwelling, including attached structures such as
porches and stoops; or

\(2\) A single-family dwelling unit in a structure that contains more
than one separate residential dwelling 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 residence of one or more persons.

[Risk assessment]{.underline} means an on-site investigation to
determine and report the existence, nature, severity, and location of
lead-based paint hazards in residential dwellings, including:

\(1\) Information gathering regarding the age and history of the housing
and occupancy by children under age 6;

\(2\) Visual inspection;

\(3\) Limited wipe sampling or other environmental sampling techniques;

\(4\) Other activity as may be appropriate; and

\(5\) Provision of a report explaining the results of the investigation.

[Seller]{.underline} means any entity that transfers legal title to
target housing, in whole or in part, in return for consideration,
including but not limited to individuals, partnerships, corporations,
trusts, government agencies, housing agencies, Indian tribes, and
nonprofit organizations. The term \`\`seller\'\' also includes:

\(1\) An entity that transfers shares in a cooperatively owned project,
in return for consideration; and

\(2\) An entity that transfers its interest in a leasehold, in
jurisdictions or circumstances where it is legally permissible to
separate the fee title from the title to the improvement, in return for
consideration.

[Target housing]{.underline} means any housing constructed prior to
1978, except housing for the elderly or persons with disabilities
(unless any child who is less than 6 years of age resides or is expected
to reside in such housing) or any 0-bedroom dwelling.

[TSCA]{.underline} means the Toxic Substances Control Act, 15 U.S.C.
2601.

0-bedroom dwelling means any residential dwelling in which the living
area is not separated from the sleeping area. The term includes
efficiencies, studio apartments, dormitory housing, military barracks,
and rentals of individual rooms in residential dwellings.

Sec. 35.88 Disclosure requirements for sellers and lessors.

\(a\) The following activities shall be completed before the purchaser
or lessee is obligated under any contract to purchase or lease target
housing that is not otherwise an exempt transaction pursuant to Sec.
35.3. Nothing in this section implies a positive obligation on the
seller or lessor to conduct any evaluation or reduction activities.

(1) The seller or lessor shall provide the purchaser or lessee with an
    EPA-approved lead hazard information pamphlet. Such pamphlets
    include the EPA document entitled Protect Your Family From Lead in
    Your Home (EPA #747-K-94-001) or an equivalent pamphlet that has
    been approved for use in that State by EPA.

(2) The seller or lessor shall disclose to the purchaser or lessee the
    presence of any known lead-based paint and/or lead-based paint
    hazards in the target housing being sold or leased. The seller or
    lessor shall also disclose any additional information available
    concerning the known lead-based paint and/or lead-based paint
    hazards, such as the basis for the determination that lead-based
    paint and/or lead-based paint hazards exist, the location of the
    lead-based paint and/or lead-based paint hazards, and the condition
    of the painted surfaces.

(3) The seller or lessor shall disclose to each agent the presence of
    any known lead-based paint and/or lead-based paint hazards in the
    target housing being sold or leased and the existence of any
    available records or reports pertaining to lead-based paint and/or
    lead-based paint hazards. The seller or lessor shall also disclose
    any additional information available concerning the known lead-based
    paint and/or lead-based paint hazards, such as the basis for the
    determination that lead-based paint and/or lead-based paint hazards
    exist, the location of the lead-based paint and/or lead-based paint
    hazards, and the condition of the painted surfaces.

(4) The seller or lessor shall provide the purchaser or lessee with any
    records or reports available to the seller or lessor pertaining to
    lead-based paint and/or lead-based paint hazards in the target
    housing being sold or leased. This requirement includes records and
    reports regarding common areas. This requirement also includes
    records and reports regarding other residential dwellings in
    multifamily target housing, provided that such information is part
    of an evaluation or reduction of lead-based paint and/or lead-based
    paint hazards in the target housing as a whole.

\(b\) If any of the disclosure activities identified in paragraph (a) of
this section occurs after the purchaser or lessee has provided an offer
to purchase or lease the housing, the seller or lessor shall complete
the required disclosure activities prior to accepting the purchaser\'s
or lessee\'s offer and allow the purchaser or lessee an opportunity to
review the information and possibly amend the offer.

Sec. 35.90 Opportunity to conduct an evaluation.

\(a\) Before a purchaser is obligated under any contract to purchase
target housing, the seller shall permit the purchaser a 10-day period
(unless the parties mutually agree, in writing, upon a different period
of time) to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.

\(b\) Notwithstanding paragraph (a) of this section, a purchaser may
waive the opportunity to conduct the risk assessment or inspection by so
indicating in writing.

Sec. 35.92 Certification and acknowledgment of disclosure.

\(a\) Seller requirements. Each contract to sell target housing shall
include an attachment containing the following elements, in the language
of the contract (e.g., English, Spanish):

\(1\) A Lead Warning Statement consisting of the following language:

Every purchaser of any interest in residential real property on which a
residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may
place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage,
including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory.

Lead poisoning also poses a particular risk to pregnant women. The
seller of any interest in residential real property is required to
provide the buyer with any information on lead-based paint hazards from
risk assessments or inspections in the seller\'s possession and notify
the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to
purchase.

\(2\) A statement by the seller disclosing the presence of known
lead-based paint and/or lead-based paint hazards in the target housing
being sold or indicating no knowledge of the presence of lead-based
paint and/or lead-based paint hazards. The seller shall also provide any
additional information available concerning the known lead-based paint
and/or lead-based paint hazards, such as the basis for the determination
that lead-based paint and/or lead-based paint hazards exist, the
location of the lead-based paint and/or lead-based paint hazards, and
the condition of the painted surfaces.

\(3\) A list of any records or reports available to the seller
pertaining to lead-based paint and/or lead-based paint hazards in the
housing that have been provided to the purchaser. If no such records or
reports are available, the seller shall so indicate.

\(4\) A statement by the purchaser affirming receipt of the information
set out in paragraphs (a)(2) and (a)(3) of this section and the lead
hazard information pamphlet required under section 15 U.S.C. 2696.

\(5\) A statement by the purchaser that he/she has either:

\(i\) Received the opportunity to conduct the risk assessment
orinspection required by Sec. 35.11(a); or

\(ii\) Waived the opportunity.

\(6\) When any agent is involved in the transaction to sell target
housing on behalf of the seller, a statement that:

\(i\) The agent has informed the seller of the seller\'s obligations
under 42 U.S.C. 4852d; and

\(ii\) The agent is aware of his/her duty to ensure compliance with the
requirements of this subpart.

\(7\) The signatures of the sellers, agents, and purchasers, certifying
to the accuracy of their statements, to the best of their knowledge,
along with the dates of signature.

\(b\) Lessor requirements. Each contract to lease target housing shall
include, as an attachment or within the contract, the following
elements, in the language of the contract (e.g., English, Spanish):

\(1\) A Lead Warning Statement with the following language:

Housing built before 1978 may contain lead-based paint. Lead from paint,
paint chips, and dust can pose health hazards if not managed properly.
Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must disclose the
presence of lead-based paint and/or lead-based paint hazards in the
dwelling. Lessees must also receive a federally approved pamphlet on
lead poisoning prevention.

\(2\) A statement by the lessor disclosing the presence of known
lead-based paint and/or lead-based paint hazards in the target housing
being leased or indicating no knowledge of the presence of lead-based
paint and/or lead-based paint hazards. The lessor shall also disclose
any additional information available concerning the known lead-based
paint and/or lead-based paint hazards, such as the basis for the
determination that lead-based paint and/or lead-based paint hazards
exist in the housing, the location of the lead-based paint and/or
lead-based paint hazards, and the condition of the painted surfaces.

\(3\) A list of any records or reports available to the lessor
pertaining to lead-based paint and/or lead-based paint hazards in the
housing that have been provided to the lessee. If no such records or
reports are available, the lessor shall so indicate.

\(4\) A statement by the lessee affirming receipt of the information

set out in paragraphs (b)(2) and (b)(3) of this section and the lead
hazard information pamphlet required under 15 U.S.C. 2696.

\(5\) When any agent is involved in the transaction to lease target
housing on behalf of the lessor, a statement that:

\(i\) The agent has informed the lessor of the lessor\'s obligations
under 42 U.S.C. 4852d; and

\(ii\) The agent is aware of his/her duty to ensure compliance with the
requirements of this subpart.

\(6\) The signatures of the lessors, agents, and lessees certifying

to the accuracy of their statements to the best of their knowledge,
along with the dates of signature.

\(c\) Retention of certification and acknowledgment information.

\(1\) The seller, and any agent, shall retain a copy of the completed
attachment required under paragraph (a) of this section for no less than
3 years from the completion date of the sale. The lessor, and any agent,
shall retain a copy of the completed attachment or lease contract
containing the information required under paragraph (b) of this section
for no less than 3 years from the commencement of the leasing period.

\(2\) This recordkeeping requirement is not intended to place any
limitations on civil suits under the Act, or to otherwise affect a
lessee\'s or purchaser\'s rights under the civil penalty provisions of
42

U.S.C. 4852d(b)(3).

\(d\) The seller, lessor, or agent shall not be responsible for the
failure of a purchaser\'s or lessee\'s legal representative (where such
representative receives all compensation from the purchaser or lessee)
to transmit disclosure materials to the purchaser or lessee, provided
that all required parties have completed and signed the necessary
certification and acknowledgment language required under paragraphs (a)
and (b) of this section.

Sec. 35.94 Agent responsibilities.

\(a\) Each agent shall ensure compliance with all requirements of this
subpart. To ensure compliance, the agent shall:

\(1\) Inform the seller or lessor of his/her obligations under Secs.
35.9, 35.11, and 35.13.

\(2\) Ensure that the seller or lessor has performed all activities
required under Secs. 35.9, 35.11, and 35.13, or personally ensure
compliance with the requirements of Secs. 35.9, 35.11, and 35.13.

\(b\) If the agent has complied with paragraph (a)(1) of this

section, the agent shall not be liable for the failure to disclose to a
purchaser or lessee the presence of lead-based paint and/or lead-based
paint hazards known by a seller or lessor but not disclosed to the
agent.

Sec. 35.96 Enforcement.

\(a\) Any person who knowingly fails to comply with any provision of
this subpart shall be subject to civil monetary penalties in accordance
with the provisions of 42 U.S.C. 3545 and 24 CFR part 30.

\(b\) The Secretary is authorized to take such action as may be
necessary to enjoin any violation of this subpart in the appropriate
Federal district court.

\(c\) Any person who knowingly violates the provisions of this subpart
shall be jointly and severally liable to the purchaser or lessee in an
amount equal to 3 times the amount of damages incurred by such
individual.

\(d\) In any civil action brought for damages pursuant to 42 U.S.C.

4852d(b)(3), the appropriate court may award court costs to the party
commencing such action, together with reasonable attorney fees and any
expert witness fees, if that party prevails.

\(e\) Failure or refusal to comply with Secs. 35.9 (disclosure
requirements for sellers and lessors), Sec. 35.11 (opportunity to
conduct an evaluation), Sec. 35.13 (certification and acknowledgment of
disclosure), or Sec. 35.15 (agent responsibilities) is a violation of 42
U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).

\(f\) Violators may be subject to civil and criminal sanctions pursuant
to TSCA section 16 (15 U.S.C. 2615) for each violation. For purposes of
enforcing this subpart, the penalty for each violation applicable under
15 U.S.C. 2615 shall be not more than \$10,000.

Sec. 35.98 Impact on State and local requirements.

Nothing in this subpart shall relieve a seller, lessor, or agent from
any responsibility for compliance with State or local laws, ordinances,
codes, or regulations governing notice or disclosure of known lead-based
paint and/or lead-based paint hazards. Neither HUD nor EPA assumes any
responsibility for ensuring compliance with such State or local
requirements.

Subpart B\--General Lead-Based Paint Requirements and Definitions for
All Programs.

Sec. 35.100 Purpose and applicability.

\(a\) 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 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.

Sec. 35.105 Effective dates.

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.

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.

Sec. 35.110 Definitions.

[Abatement]{.underline} 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]{.underline} means the Lead-Based Paint Poisoning Prevention Act,
as amended, 42 U.S.C. 4822 et seq.

[Bare soil]{.underline} means soil or sand not covered by grass, sod,
other live ground covers, wood chips, gravel, artificial turf, or
similar covering.

[Certified]{.underline} 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]{.underline} 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]{.underline} 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 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]{.underline} means an owner of a multifamily property
which is undergoing rehabilitation funded by the Flexible
Subsidy-Capital Improvement Loan Program (CILP).

[Common area]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means sanding without moisture and includes
both hand and machine sanding.

[Dust-lead hazard]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means a
confirmed concentration of lead in whole blood equal to or greater than
20 ug/dL (micrograms of lead per deciliter) for a single test or 15-19
ug/dL in two tests taken at least 3 months apart.

[Evaluation]{.underline} 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]{.underline} 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
woman is known to be pregnant, there is actual knowledge that a child
will reside in the dwelling unit.

[Federal agency]{.underline} 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]{.underline} means residential property owned
or managed by a Federal agency, or for which a Federal agency is a
trustee or conservator.

[Firm commitment]{.underline} 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]{.underline} 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 ug means
microgram (millionth of a gram).

[Grantee]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means a tribe
or a tribally designated housing entity (TDHE) receiving IHBG funds.

[Indian tribe]{.underline} 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]{.underline} (See Lead-based paint inspection).

[Insular areas]{.underline} means Guam, the Northern Mariana Islands,
the United States Virgin Islands and American Samoa.

[Interim controls]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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.

Lea[d-based paint inspection]{.underline} 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]{.underline} 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]{.underline} means a lender of a mortgage loan.

[Mortgagor]{.underline} means a borrower of a mortgage loan.

[Multifamily property]{.underline} means a residential property
containing five or more dwelling units.

[Occupant]{.underline} means a person who inhabits a dwelling unit.

[Owner]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means a method of abatement that permanently
eliminates lead-based paint from surfaces.

[Painted surface to be disturbed]{.underline} 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]{.underline} means any State or local
government that has been designated by HUD to administer a HOME program
grant.

[Permanent]{.underline} means an expected design life of at least 20
years.

[Play area]{.underline} 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.

[Project-based rental assistance]{.underline} 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]{.underline} means a State, tribal, county or
municipal public health department or the Indian Health Service.

[Public housing development]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means a residential property
containing one through four dwelling units.

[Single room occupancy (SRO) housing]{.underline} 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]{.underline} 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 ug/g in play areas; and 2000 ug/g in other areas
with bare soil that total more than 9 square feet (0.8 square meters)
per residential property.

[Sponsor]{.underline} means mortgagor (borrower).

[Subrecipient]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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.

[Tenant]{.underline} means the individual named as the lessee in a
lease, rental agreement or occupancy agreement for a dwelling unit.

[Visual assessment]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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)).

Sec. 35.115 Exemptions.

\(a\) 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 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.

Sec. 35.120 Options.

\(a\) 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.

Sec. 35.125 Notice of evaluation and hazard reduction activities.

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 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.

Sec. 35.130 Lead hazard information pamphlet.

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.

Sec. 35.135 Use of paint containing lead.

\(a\) 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 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.

Sec. 35.140 Prohibited methods of paint removal.

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.

Sec. 35.145 Compliance with Federal laws and authorities.

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).

Sec. 35.150 Compliance with other State, tribal, and local laws.

\(a\) 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.

Sec. 35.155 Minimum requirements.

\(a\) 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 other HUD program assistance, the most protective requirements
prevail.

Sec. 35.160 Waivers.

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.

Sec. 35.165 Prior evaluation or hazard reduction.

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 August 30, 1999,
> meets the requirements of this rule 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 after August 29, 1999 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 August 30, 1999 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 after August 29, 1999 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 August 30, 1999 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 after August 29, 1999 must have been
conducted under the supervision of a certified lead-based paint
abatement supervisor.

Sec. 35.170 Noncompliance with the requirements of subparts B through R
of this part.

\(a\) 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.

Sec. 35.175 Records.

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.

Subpart C\--Disposition of Residential Property Owned by a Federal
Agency Other Than HUD

Sec. 35.200 Purpose and applicability.

The purpose of this subpart C is to establish procedures to eliminate as
far as practicable lead-based paint hazards prior to the sale of a
residential property that is owned by a Federal agency other than HUD.
The requirements of this subpart apply to any residential property
offered for sale on or after September 15, 2000.

Sec. 35.205 Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

Sec. 35.210 Disposition of residential property constructed before 1960.

\(a\) Evaluation. The Federal agency shall conduct a risk assessment and
a lead-based paint inspection in accordance with 40 CFR 745.227 before
the closing of the sale.

\(b\) Abatement of lead-based paint hazards. The risk assessment used
for the identification of hazards to be abated shall have been performed
no more than 12 months before the beginning of the abatement. The
Federal agency shall abate all identified lead-based paint hazards in
accordance with 40 CFR 745.227. Abatement is completed when clearance is
achieved in accordance with 40 CFR 745.227. Where abatement of
lead-based paint hazards is not completed before the

closing of the sale, the Federal agency shall be responsible for
assuring that abatement is carried out by the purchaser before occupancy
of the property as target housing and in accordance with 40 CFR 745.227.

Sec. 35.215 Disposition of residential property constructed after 1959
and before 1978.

The Federal agency shall conduct a risk assessment and a lead-based
paint inspection in accordance with 40 CFR 745.227. Evaluation shall be
completed before closing of the sale according to a schedule determined
by the Federal agency. The results of the risk assessment and lead-based
paint inspection shall be made available to prospective purchasers as
required in subpart A of this part.

# Subpart D\--Project-Based Assistance Provided by a Federal Agency Other Than HUD

Sec. 35.300 Purpose and applicability.

The purpose of this subpart D is to establish procedures to eliminate as
far as practicable lead-based paint hazards in a residential property
that receives more than \$5,000 annually per project in project-based
assistance on or after September 15, 2000, under a program administered
by a Federal agency other than HUD.

Sec. 35.305 Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

Sec. 35.310 Notices and pamphlet.

\(a\) Notice. A notice of evaluation or hazard reduction shall be
provided to the occupants in accordance with Sec. 35.125.

\(b\) Lead hazard information pamphlet. The owner shall provide the lead
hazard information pamphlet in accordance with Sec. 35.130.

Sec. 35.315 Risk assessment.

Each owner shall complete a risk assessment in accordance with 40 CFR
745.227(d). Each risk assessment shall be completed in accordance with
the schedule established by the Federal agency.

Sec. 35.320 Hazard reduction.

Each owner shall conduct interim controls consistent with the findings
of the risk assessment report. Hazard reduction shall be conducted in
accordance with subpart R of this part.

Sec. 35.325 Child with an environmental intervention blood lead level.

If a child less than 6 years of age living in a federally assisted
dwelling unit has an environmental intervention blood lead level, the
owner shall immediately conduct a risk assessment in accordance with 40
CFR 745.227(d). Interim controls of identified lead-based paint hazards
shall be conducted in accordance with Sec. 35.1330. Interim controls are
complete when clearance is achieved in accordance with Sec. 35.1340. The
Federal agency shall establish a timetable for completing risk
assessments and hazard reduction when an environmental intervention
blood lead level child is identified.

# Subpart J\--Rehabilitation

Sec. 35.905 Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

Sec. 35.910 Notices and pamphlet.

\(a\) Notices. In cases where evaluation or hazard reduction or both are
undertaken as part of federally funded rehabilitation, the grantee,
participating jurisdiction, or CILP recipient, shall provide a notice to
occupants in accordance with Sec. 35.125.

\(b\) Lead hazard information pamphlet. The grantee, participating
jurisdiction, or CILP recipient, shall provide the lead hazard
information pamphlet in accordance with Sec. 35.130.

Sec. 35.915 Calculating rehabilitation costs, except for the CILP
Program.

\(a\) Applicability. This section applies to recipients of Federal
rehabilitation assistance, except for CILP recipients, for which Sec.
35.920 applies.

\(b\) Rehabilitation assistance. (1) Lead-based paint requirements for
rehabilitation fall into three categories which depend on the amount of
rehabilitation assistance provided. The three categories are:

\(i\) Assistance of up to and including \$5,000 per unit;

\(ii\) Assistance of more than \$5,000 per unit up to and including
\$25,000 per unit; and

\(iii\) Assistance of more than \$25,000 per unit.

\(2\) For purposes of implementing Secs. 35.930-35.935, the amount of
rehabilitation assistance is the average per unit amount of Federal
funds for the hard costs of rehabilitation, excluding lead-based paint
hazard evaluation and hazard reduction activities. Costs of site
preparation, occupant protection, relocation, interim controls,
abatement, clearance and waste handling attributable to lead-based paint
hazard reduction are not to be included in the hard costs of
rehabilitation.

\(c\) Calculating rehabilitation assistance. For a residential property
that includes both federally assisted and non-assisted units, the
rehabilitation costs of non-assisted units are not included in the
calculation.

\(1\) The average cost of rehabilitation for the assisted units is
calculated as follows:

Per Unit Rehabilitation \$ = (a/c) + (b/d)

Where:

a= Federal Rehabilitation Assistance for all assisted units

b= Federal Rehabilitation Assistance for common areas and exterior
painted surfaces

c= Number of federally assisted units

d= Total number of units

\(2\) Eight out of 10 dwelling units in a residential property receive
Federal rehabilitation assistance. The total amount of Federal
rehabilitation assistance for the dwelling units is \$90,000, and the
total amount of Federal rehabilitation assistance for the common areas
and exterior surfaces is \$10,000. Based on the formula above, the
average per unit amount of Federal rehabilitation assistance is
\$12,250. This is illustrated as follows: \$12,250 = (\$90,000/8) +
(\$10,000/10).

Sec. 35.925 Examples of determining applicable requirements.

The following examples illustrate how to determine whether the
requirements of Secs. 35.930(b), (c), or (d) apply to a dwelling unit
receiving Federal rehabilitation assistance (dollar amounts are on a per
unit basis):

\(a\) If the total amount of Federal assistance for a dwelling is
\$2,000, and the hard costs of rehabilitation are \$10,000, the
lead-based paint requirements would be those described in Sec.
35.930(b), because Federal rehabilitation assistance is up to and
including \$5,000.

\(b\) If the total amount of Federal assistance for a dwelling unit is
\$6,000, and the hard costs of rehabilitation are \$2,000, the
lead-based paint requirements would be those described in Sec.
35.930(b). Although the total amount of Federal dollars is more than
\$5,000, only the \$2,000 of that total can be applied to
rehabilitation. Therefore, the Federal rehabilitation assistance is
\$2,000 which is not more than \$5,000.

\(c\) If the total amount of Federal assistance for a unit is \$6,000,
and the hard costs of rehabilitation are \$6,000, the lead-based paint
requirements are those described in Sec. 35.930(c), because the amount
of Federal rehabilitation assistance is more than \$5,000 but not more
than \$25,000.

Sec. 35.930 Evaluation and hazard reduction requirements.

\(a\) Paint testing. The grantee, participating jurisdiction, or CILP
recipient shall either perform paint testing on the painted surfaces to
be disturbed or replaced during rehabilitation activities, or presume
that all these painted surfaces are coated with lead-based paint.

\(b\) Residential property receiving an average of up to and including
\$5,000 per unit in Federal rehabilitation assistance. Each grantee,
participating jurisdiction, or CILP recipient shall:

\(1\) Conduct paint testing or presume the presence of lead-based paint,
in accordance with paragraph (a) of this section. If paint testing
indicates that the painted surfaces are not coated with lead-based
paint, safe work practices and clearance are not required.

\(2\) Implement safe work practices during rehabilitation work in
accordance with Sec. 35.1350 and repair any paint that is disturbed.

\(3\) 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(b).

\(c\) Residential property receiving an average of more than \$5,000 and
up to and including \$25,000 per unit in Federal rehabilitation
assistance. Each grantee, participating jurisdiction, or CILP recipient
shall:

\(1\) Conduct paint testing or presume the presence of lead-based paint,
in accordance with paragraph (a) of this section.

\(2\) Perform a risk assessment in the dwelling units receiving Federal
assistance, in common areas servicing those units, and exterior painted
surfaces, in accordance with Sec. 35.1320(b), before rehabilitation
begins.

\(3\) Perform interim controls in accordance with Sec. 35.1330 of all
lead-based paint hazards identified pursuant to paragraphs (c)(1) and
(c)(2) of this section and any lead-based paint hazards created as a
result of the rehabilitation work.

\(d\) Residential property receiving an average of more than \$25,000
per unit in Federal rehabilitation assistance. Each grantee,
participating jurisdiction, or CILP recipient shall:

\(1\) Conduct paint testing or presume the presence of lead-based paint
in accordance with paragraph (a) of this section.

\(2\) Perform a risk assessment in the dwelling units receiving Federal
assistance and in associated common areas and exterior painted surfaces
in accordance with Sec. 35.1320(b) before rehabilitation begins.

\(3\) Abate all lead-based paint hazards identified by the paint testing
or risk assessment conducted pursuant to paragraphs (d)(1) and (d)(2) of
this section, and any lead-based paint hazards created as a result of
the rehabilitation work, in accordance with Sec. 35.1325, except that
interim controls are acceptable on exterior surfaces that are not
disturbed by rehabilitation.

Sec. 35.940 Special requirements for insular areas.

If a dwelling unit receiving Federal assistance under a program covered
by this subpart is located in an insular area, the requirements of this
section shall apply and the requirements of Sec. 35.930 shall not apply.
All other sections of this subpart J shall apply. The insular area shall
conduct the following activities for the dwelling unit, common areas
servicing the dwelling unit, and the exterior surfaces of the building
in which the dwelling unit is located:

\(a\) Residential property receiving an average of up to and including
\$5,000 per unit in Federal rehabilitation assistance. (1) Implement
safe work practices during rehabilitation work in accordance with Sec.
35.1350 and repair any paint that is disturbed by rehabilitation.

\(2\) After completion of any rehabilitation disturbing painted
surfaces, perform a clearance examination of the worksite(s) in
accordance with Sec. 35.1340. Clearance shall be achieved before
residents are allowed to occupy the worksite(s). Clearance is not
required if rehabilitation did not disturb painted surfaces of a total
area more than that set forth in Sec. 35.1350(b).

\(b\) Residential property receiving an average of more than \$5,000 per
unit in Federal rehabilitation assistance. (1) Before beginning
rehabilitation, perform a visual assessment of all painted surfaces in
order to identify deteriorated paint.

\(2\) Perform paint stabilization of each deteriorated paint surface and
each painted surface being disturbed by rehabilitation, in accordance
with Secs. 35.1330(a) and (b).

\(3\) After completion of all paint stabilization, perform a clearance
examination of the affected dwelling units and common areas in
accordance with Sec. 35.1340. Clearance shall be achieved before
residents are allowed to occupy rooms or spaces in which paint
stabilization has been performed.

Subpart R\--Methods and Standards for Lead-Paint Hazard Evaluation and
Hazard Reduction Activities

Sec. 35.1300 Purpose and applicability.

The purpose of this subpart R is to provide standards and methods for
evaluation and hazard reduction activities required in subparts B, C, D,
and F through M of this part.

Sec. 35.1305 Definitions and other general requirements.

Definitions and other general requirements that apply to this subpart
are found in subpart B of this part.

Sec. 35.1310 References.

Further guidance information regarding evaluation and hazard reduction
activities described in this subpart is found in the following:

\(a\) The HUD Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing (Guidelines);

\(b\) The EPA Guidance on Residential Lead-Based Paint,
Lead-Contaminated Dust, and Lead Contaminated Soil;

\(c\) Guidance, methods or protocols issued by States and Indian tribes
that have been authorized by EPA under 40 CFR 745.324 to administer and
enforce lead-based paint programs.

Sec. 35.1315 Collection and laboratory analysis of samples.

All paint chip, dust, or soil samples shall be collected and analyzed in
accordance with standards established either by a State or Indian tribe
under a program authorized by EPA in accordance with 40 CFR part 745,
subpart Q, or by the EPA in accordance with 40 CFR 745.227, and as
further provided in this subpart.

Sec. 35.1320 Lead-based paint inspections and risk assessments.

\(a\) Lead-based paint inspections. Lead-based paint inspections shall
be performed in accordance with methods and standards established either
by a State or Indian tribe under a program authorized by EPA, or by EPA
at 40 CFR 745.227(b), except that the definition of lead-based paint
shall not include a loading (area concentration) or mass concentration
greater than that in the definition at Sec. 35.110 of this part.

\(b\) Risk assessments. (1) Risk assessments shall be performed in
accordance with methods and standards established either by a State or
Indian tribe under a program authorized by EPA, or by EPA at 40 CFR
745.227(d), and paragraph (b)(2) of this section.

\(2\) Risk assessors shall use levels defining dust-lead hazards and
soil-lead hazards that are no greater than those promulgated by EPA
pursuant to section 403 of the Toxic Substances Control Act (15 U.S.C.
2683), or, if such levels are not in effect, the following for dust or
soil:

\(i\) Dust. A dust-lead hazard shall be a dust-lead level equal to or
greater than the applicable loading (area concentration), based on wipe
samples, in the following table:

Interim Dust Lead Standards

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Surface

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Interior Window

Floors, Window sills, troughs,

Evaluation method ug/ft\^2 ug/ft\^2 ug/ft\^2

(mg/m\^2) (mg/m\^2) (mg/m\^2)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Lead Hazard Screen\...\...\..... 25 (0.27) 125 (1.4) Not Applicable.

Risk Assessment\...\...\...\..... 40 (0.43) 250 (2.7) Not Applicable.

Reevaluation\...\...\...\...\..... 40 (0.43) 250 (2.7) Not Applicable.

Clearance\...\...\...\...\...\..... 40 (0.43) 250 (2.7) 800 (8.6).

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Note: \"Floors\" includes carpeted and uncarpeted interior floors.

\(ii\) Soil. (A) A soil-lead hazard for play areas frequented by
children under 6 years of age shall be bare soil with lead equal to or
exceeding 400 micrograms per gram.

\(b\) For other areas, soil-lead hazards shall be bare soil that totals
more than 9 square feet (0.8 square meters) per property with lead equal
to or exceeding 2,000 micrograms per gram.

\(3\) Lead hazard screens shall be performed in accordance with the
methods and standards established either by a State or Indian tribe
under a program authorized by EPA, or by EPA at 40 CFR 745.227(c), and
paragraph (b)(2) of this section. If the lead hazard screen indicates
the need for a follow-up risk assessment (e.g., if dust-lead
measurements exceed the levels established for lead hazard screens in
this section), a risk assessment shall be conducted in accordance with
paragraphs (b)(1) and (b)(2) of this section. Dust, soil, and paint
samples collected for the lead hazard screen may

be used in the risk assessment. If the lead hazard screen does not
indicate the need for a follow-up risk assessment, no further
risk-assessment is required.

\(c\) It is strongly recommended, but not required, that lead-based
paint inspectors and risk assessors provide a summary of the results
suitable for posting or distribution to occupants in compliance with
Sec. 35.125.

Sec. 35.1325 Abatement.

Abatement shall be performed in accordance with methods and standards
established either by a State or Indian tribe under a program authorized
by EPA, or by EPA at 40 CFR 745.227(e), and shall be completed by
achieving clearance in accordance with Sec. 35.1340. If encapsulation or
enclosure is used as a method of abatement, ongoing lead-based paint
maintenance activities shall be performed as required by the applicable
subpart of this part in accordance with Sec. 35.1355. Abatement of an
intact, factory-applied prime coating on metal surfaces is not required
unless the surface is a friction surface.

Sec. 35.1330 Interim controls.

Interim controls of lead-based paint hazards identified in a risk
assessment shall be conducted in accordance with the provisions of this
section. Interim control measures include paint stabilization of
deteriorated paint, treatments for friction and impact surfaces where
levels of lead dust are above the levels specified in Sec. 35.1320, dust
control, and lead-contaminated soil control. As provided by Sec. 35.155,
interim controls may be performed in combination with, or be replaced
by, abatement methods.

\(a\) General requirements. (1) Only those interim control methods
identified as acceptable methods in a current risk assessment report
shall be used to control identified hazards, except that, if only paint
stabilization is required in accordance with subparts F, H, K or M of
this part, it shall not be necessary to have conducted a risk
assessment.

\(2\) Occupants of dwelling units where interim controls are being
performed shall be protected during the course of the work in accordance
with Sec. 35.1345.

\(3\) Clearance testing shall be performed at the conclusion of interim
control activities in accordance with Sec. 35.1340.

\(4\) A person performing interim controls must be trained in accordance
with 29 CFR 1926.59 and either be supervised by an individual certified
as a lead-based paint abatement supervisor or have successfully
completed one of the following courses:

\(i\) A lead-based paint abatement supervisor course accredited in
accordance with 40 CFR 745.225;

\(ii\) A lead-based paint abatement worker course accredited in
accordance with 40 CFR 745.225;

\(iii\) The Lead-Based Paint Maintenance Training Program, \"Work Smart,
Work Wet, and Work Clean to Work Lead Safe,\" prepared by the National
Environmental Training Association for EPA and HUD;

\(iv\) \"The Remodeler\'s and Renovator\'s Lead-Based Paint Training
Program,\" prepared by HUD and the National Association of the
Remodeling Industry; or

\(v\) Another course approved by HUD for this purpose after consultation
with EPA.

\(b\) Paint stabilization. (1) Interim control treatments used to
stabilize deteriorated lead-based paint shall be performed in accordance
with the requirements of this section. Interim control treatments of
intact, factory applied prime coatings on metal surfaces are not
required. Finish coatings on such surfaces shall be treated by interim
controls if those coatings contain lead-based paint.

\(2\) Any physical defect in the substrate of a painted surface or
component that is causing deterioration of the surface or component
shall be repaired before treating the surface or component. Examples of
defective substrate conditions include dry-rot, rust, moisture-related
defects, crumbling plaster, and missing siding or other components that
are not securely fastened.

\(3\) Before applying new paint, all loose paint and other loose
material shall be removed from the surface to be treated. Acceptable
methods for preparing the surface to be treated include wet scraping,
wet sanding, and power sanding performed in conjunction with a HEPA
filtered local exhaust attachment operated according to the
manufacturer\'s instructions.

\(4\) Dry sanding or dry scraping is permitted only in accordance with
Sec. 35.140(e) (i.e., for electrical safety reasons or for specified
minor amounts of work).

\(5\) Paint stabilization shall include the application of a new
protective coating or paint. The surface substrate shall be dry and
protected from future moisture damage before applying a new protective
coating or paint. All protective coatings and paints shall be applied in
accordance with the manufacturer\'s recommendations.

\(6\) Paint stabilization shall incorporate the use of safe work
practices in accordance with Sec. 35.1350.

\(c\) Friction and impact surfaces. (1) Friction surfaces are required
to be treated only if:

\(i\) Lead dust levels on the nearest horizontal surface underneath the
friction surface (e.g., the window sill, window trough, or floor) are
equal to or greater than the standards specified in 35.1320(b);

\(ii\) There is evidence that the paint surface is subject to abrasion;
and

\(iii\) Lead-based paint is known or presumed to be present on the
friction surface.

\(2\) Impact surfaces are required to be treated only if:

\(i\) Paint on an impact surface is damaged or otherwise deteriorated;

\(ii\) The damaged paint is caused by impact from a related building
component (such as a door knob that knocks into a wall, or a door that
knocks against its door frame); and

\(iii\) Lead-based paint is known or presumed to be present on the
impact surface.

\(3\) Examples of building components that may contain friction or
impact surfaces include the following:

\(i\) Window systems;

\(ii\) Doors;

\(iii\) Stair treads and risers;

\(iv\) Baseboards;

\(v\) Drawers and cabinets; and

\(vi\) Porches, decks, interior floors, and any other painted surfaces
that are abraded, rubbed, or impacted.

\(4\) Interim control treatments for friction surfaces shall eliminate
friction points or treat the friction surface so that paint is not
subject to abrasion. Examples of acceptable treatments include rehanging
and/or planing doors so that the door does not rub against the door
frame, and installing window channel guides that reduce or eliminate
abrasion of painted surfaces. Paint on stair treads and floors shall be
protected with a durable cover or coating that will prevent abrasion of
the painted surfaces. Examples of acceptable materials include
carpeting, tile, and sheet flooring.

\(5\) Interim control treatments for impact surfaces shall protect the
paint from impact. Examples of acceptable treatments include treatments
that eliminate impact with the paint surface, such as a door stop to
prevent a door from striking a wall or baseboard.

\(6\) Interim control for impact or friction surfaces does not include
covering such a surface with a coating or other treatment, such as
painting over the surface, that does not protect lead-based paint from
impact or abrasion.

\(d\) Chewable surfaces.

\(1\) Chewable surfaces are required to be treated only if there is
evidence that a child of less than 6 years of age has chewed on the
painted surface, and lead-based paint is known or presumed to be present
on the surface.

\(2\) Interim control treatments for chewable surfaces shall make the
lead-based paint inaccessible for chewing by children of less than 6
years of age. Examples include enclosures or coatings that cannot be
penetrated by the teeth of such children.

\(e\) Dust-lead hazard control. (1) Interim control treatments used to
control dust-lead hazards shall be performed in accordance with the
requirements of this section. Additional information on dust removal is
found in the HUD Guidelines, particularly Chapter 11 (see Sec. 35.1310).

\(2\) Dust control shall involve a thorough cleaning of all horizontal
surfaces, such as interior window sills, window troughs, floors, and
stairs, but excluding ceilings. All horizontal surfaces, such as floors,
stairs, window sills and window troughs, that are rough, pitted, or
porous shall be covered with a smooth, cleanable covering or coating,
such as metal coil stock, plastic, polyurethane, or linoleum.

\(3\) Surfaces covered by a rug or carpeting shall be cleaned as
follows:

\(i\) The floor surface under a rug or carpeting shall be cleaned where
feasible, including upon removal of the rug or carpeting, with a HEPA
vacuum or other method of equivalent efficacy.

\(ii\) An unattached rug or an attached carpet that is to be removed,
and padding associated with such rug or carpet, located in an area of
the dwelling unit with dust-lead hazards on the floor, shall be
thoroughly vacuumed with a HEPA vacuum or other method of equivalent
efficacy. Protective measures shall be used to prevent the spread of
dust during removal of a rug, carpet or padding from the dwelling. For
example, it shall be misted to reduce dust generation during removal.
The item(s) being removed shall be wrapped or otherwise sealed before
removal from the worksite.

\(iii\) An attached carpet located in an area of the dwelling unit with
dust-lead hazards on the floor shall be thoroughly vacuumed with a HEPA
vacuum or other method of equivalent efficacy if it is not to be
removed.

\(f\) Soil-lead hazards. (1) Interim control treatments used to control
soil-lead hazards shall be performed in accordance with this section.

\(2\) Soil with a lead concentration equal to or greater than 5,000 ug/g
of lead shall be abated in accordance with 40 CFR 745.227(e).

\(3\) Acceptable interim control methods for soil lead are impermanent
surface coverings and land use controls.

\(i\) Impermanent surface coverings may be used to treat
lead-contaminated soil if applied in accordance with the following
requirements. Examples of acceptable impermanent coverings include
gravel, bark, sod, and artificial turf.

\(a\) Impermanent surface coverings selected shall be designed to
withstand the reasonably-expected traffic. For example, if the area to
be treated is heavily traveled, neither grass or sod shall be used.

\(b\) When loose impermanent surface coverings such as bark or gravel
are used, they shall be applied in a thickness not less than six inches
deep.

\(c\) The impermanent surface covering material shall not contain more
than 200 ug/g of lead.

\(d\) Adequate controls to prevent erosion shall be used in conjunction
with impermanent surface coverings.

\(ii\) Land use controls may be used to reduce exposure to soil-lead
hazards only if they effectively control access to areas with soil-lead
hazards. Examples of land use controls include: fencing, warning signs,
and landscaping.

\(a\) Land use controls shall be implemented only if residents have
reasonable alternatives to using the area to be controlled.

\(b\) If land use controls are used for a soil area that is subject to
erosion, measures shall be taken to contain the soil and control
dispersion of lead.

Sec. 35.1335 Standard treatments.

Standard treatments shall be conducted in accordance with this section.

\(a\) Paint stabilization. All deteriorated paint on exterior and
interior surfaces located on the residential property shall be
stabilized in accordance with Sec. 35.1330(a)(b), or abated in
accordance with Sec. 35.1325.

\(b\) Smooth and cleanable horizontal surfaces. All horizontal surfaces,
such as uncarpeted floors, stairs, interior window sills and window
troughs, that are rough, pitted, or porous, shall be covered with a
smooth, cleanable covering or coating, such as metal coil stock,
plastic, polyurethane, or linoleum.

\(c\) Correcting dust-generating conditions. Conditions causing friction
or impact of painted surfaces shall be corrected in accordance with Sec.
35.1330(c)(4)-(6).

\(d\) Bare residential soil. Bare soil shall be treated in accordance
with the requirements of Sec. 35.1330, unless it is found not to be a
soil-lead hazard in accordance with Sec. 35.1320(b).

\(e\) Safe work practices. All standard treatments described in
paragraphs (a) through (d) of this section shall incorporate the use of
safe work practices in accordance with Sec. 35.1350.

\(f\) Clearance. A clearance examination shall be performed in
accordance with Sec. 35.1340 at the conclusion of any lead hazard
reduction activities.

\(g\) Qualifications. An individual performing standard treatments must
meet the training and/or supervision requirements of Sec. 35.1330(a)(4).

Sec. 35.1340 Clearance.

Clearance examinations required under subparts B, C, D, F through M, and
R, of this part shall be performed in accordance with the provisions of
this section.

\(a\) Clearance following abatement. Clearance examinations performed
following abatement of lead-based paint or lead-based paint hazards
shall be performed in accordance with 40 CFR 745.227(e) and paragraphs
(c)-(f) of this section. Such clearances shall be performed by a person
certified to perform risk assessments or lead-based paint inspections.

\(b\) Clearance following activities other than abatement. Clearance
examinations performed following interim controls, paint stabilization,
standard treatments, ongoing lead-based paint maintenance, or
rehabilitation shall be performed in accordance with the requirements of
this paragraph (b) and paragraphs (c)-(g) of this section.

\(1\) Qualified personnel. Clearance examinations shall be performed by:

\(i\) A certified risk assessor;

\(ii\) A certified lead-based paint inspector;

\(iii\) A person who has successfully completed a training course for
clearance technicians (or a discipline of similar purpose and title)
that is developed or accepted by EPA or a State or tribal program
authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is
given by a training provider accredited by EPA or a State or Indian
tribe for training in lead-based paint inspection or risk assessment,
provided a certified risk assessor or a certified lead-based paint
inspector approves the work of the clearance technician and signs the
report of the clearance examination; or

\(iv\) A technician licensed or certified by EPA or a State or Indian
tribe to perform clearance examinations without the approval of a
certified risk assessor or certified lead-based paint inspector,

provided that a clearance examination by such a licensed or certified
technician shall be performed only for a single-family property or
individual dwelling units and associated common areas in a multi-unit
property, and provided further that a clearance examination by a such a
licensed or certified clearance technician shall not be performed using
random sampling of dwelling units or common areas in multifamily
properties, except that a clearance examination performed by such a
licensed or certified clearance technician is acceptable for any
residential property if the clearance examination is approved and the
report signed by a certified risk assessor or a certified lead-based
paint inspector.

\(2\) Required activities. (i) Clearance examinations shall include a
visual assessment, dust sampling, submission of samples for analysis for
lead, interpretation of sampling results, and preparation of a report.
Clearance examinations shall be performed in dwelling units, common
areas and exterior areas in accordance with this section and the steps
set forth at 40 CFR 745.227(e)(8). If clearance is being performed for
more than 10 dwelling units of similar construction and maintenance, as
in a multifamily property, random sampling for the purposes of clearance
may be conducted in accordance with 40 CFR 745.227(e)(9).

\(ii\) The visual assessment shall be performed to determine if
deteriorated paint surfaces and/or visible amounts of dust, debris,
paint chips or other residue are still present. Both exterior and
interior painted surfaces shall be examined for the presence of
deteriorated paint. If deteriorated paint or visible dust, debris or
residue are present in areas subject to dust sampling, they must be
eliminated prior to the continuation of the clearance examination,
except elimination of deteriorated paint is not required if it has been
determined, through paint testing or a lead-based paint inspection, that
the deteriorated paint is not lead-based paint. If exterior painted
surfaces have been disturbed by the hazard reduction, maintenance or
rehabilitation activity, the visual assessment shall include an
assessment of the ground and any outdoor living areas close to the
affected exterior painted surfaces. Visible dust or debris in living
areas shall be cleaned up and visible paint chips on the ground shall be
removed.

\(iii\) Dust samples shall be wipe samples and shall be taken on floors
and, where practicable, interior window sills and window troughs. Dust
samples shall be collected and analyzed in accordance with Sec. 35.1315
of this part.

\(iv\) Clearance reports shall be prepared in accordance with paragraph
(c) of this section.

\(c\) Clearance report. When clearance is required, the designated party
shall ensure that a clearance report is prepared that provides
documentation of the hazard reduction or maintenance activity as well as
the clearance examination. When abatement is performed, the report shall
be an abatement report in accordance with 40 CFR 745.227(e)(10). When
another hazard reduction or maintenance activity requiring a clearance
report is performed, the report shall include the following information:

\(1\) The address of the residential property and, if only part of a
multifamily property is affected, the specific dwelling units and common
areas affected.

\(2\) The following information on the clearance examination:

\(i\) The date(s) of the clearance examination;

\(ii\) The name, address, and signature of each person performing the
clearance examination, including certification number;

\(iii\) The results of the visual assessment for the presence of
deteriorated paint and visible dust, debris, residue or paint chips;

\(iv\) The results of the analysis of dust samples, in ug/sq.ft., by
location of sample; and

\(v\) The name and address of each laboratory that conducted the
analysis of the dust samples, including the identification number for
each such laboratory recognized by EPA under section 405(b) of the Toxic
Substances Control Act (15 U.S.C. 2685(b)).

\(3\) The following information on the hazard reduction or maintenance
activity for which clearance was performed:

\(i\) The start and completion dates of the hazard reduction or
maintenance activity;

\(ii\) The name and address of each firm or organization conducting the
hazard reduction or maintenance activity and the name of each supervisor
assigned;

\(iii\) A detailed written description of the hazard reduction or
maintenance activity, including the methods used, locations of exterior
surfaces, interior rooms, common areas, and/or components where the
hazard reduction activity occurred, and any suggested monitoring of
encapsulants or enclosures; and

\(iv\) If soil hazards were reduced, a detailed description of the
location(s) of the hazard reduction activity and the method(s) used.

\(d\) Standards. The clearance standards in Sec. 35.1320(b)(2) shall
apply. If test results equal or exceed the standards, the dwelling unit,
worksite, or common area represented by the sample fails the clearance
examination.

\(e\) Clearance failure. All surfaces represented by a failed clearance
sample shall be recleaned or treated by hazard reduction, and retested,
until the applicable clearance level in Sec. 35.1320(b)(2) is met.

\(f\) Independence. Clearance examinations shall be performed by persons
or entities independent of those performing hazard reduction or
maintenance activities, unless the designated party uses qualified
in-house employees to conduct clearance. An in-house employee shall not
conduct both a hazard reduction or maintenance activity and its
clearance examination.

\(g\) Worksite clearance. When clearance is of an interior worksite, not
an entire dwelling unit or residential property, dust samples taken for
paragraph (b) of this section shall be taken from the floor and window
(if available) to represent the area within the dust containment area.
Clearance is not required if maintenance or hazard reduction activities
in the worksite do not disturb painted surfaces of a total area more
than that set forth in Sec. 35.1350(d).

Sec. 35.1345 Occupant protection and worksite preparation.

This section establishes procedures for protecting dwelling unit
occupants and the environment from contamination from lead-contaminated
or lead-containing materials during hazard reduction activities.

\(a\) Occupant protection. (1) Occupants shall not be permitted to enter
the worksite during hazard reduction activities (unless they are
employed in the conduct of these activities at the worksite), until
after hazard reduction work has been completed and clearance, if
required, has been achieved.

\(2\) Occupants shall be temporarily relocated before and during hazard
reduction activities to a suitable, decent, safe, and similarly
accessible dwelling unit that does not have lead-based paint hazards,
except if:

\(i\) Treatment will not disturb lead-based paint, dust-lead hazards or
soil-lead hazards;

\(ii\) Only the exterior of the dwelling unit is treated, and windows,
doors, ventilation intakes and other openings in or near the worksite
are sealed during hazard control work and cleaned

afterward, and entry free of dust-lead hazards, soil-lead hazards, and
debris is provided;

\(iii\) Treatment of the interior will be completed within one period of
8-daytime hours, the worksite is contained so as to prevent the release
of leaded dust and debris into other areas, and treatment does not
create other safety, health or environmental hazards (e.g., exposed live
electrical wiring, release of toxic fumes, or on-site disposal of
hazardous waste); or

\(iv\) Treatment of the interior will be completed within 5 calendar
days, the worksite is contained so as to prevent the release of leaded
dust and debris into other areas, treatment does not create other
safety, health or environmental hazards; and, at the end of work on each
day, the worksite and the area within at least 10 feet (3 meters) of the
containment area is cleaned to remove any visible dust or debris, and
occupants have safe access to sleeping areas, and bathroom and kitchen
facilities.

\(3\) The dwelling unit and the worksite shall be secured against
unauthorized entry, and occupants\' belongings protected from
contamination by dust-lead hazards and debris during hazard reduction
activities. Occupants\' belongings in the containment area shall be
relocated to a safe and secure area outside the containment area, or
covered with an impermeable covering with all seams and edges taped or
otherwise sealed.

\(b\) Worksite preparation. (1) The worksite shall be prepared to
prevent the release of leaded dust, and contain lead-based paint chips
and other debris from hazard reduction activities within the worksite
until they can be safely removed. Practices that minimize the spread of
leaded dust, paint chips, soil and debris shall be used during worksite
preparation.

\(2\) A warning sign shall be posted at each entry to a room where
hazard reduction activities are conducted when occupants are present; or
at each main and secondary entryway to a building from which occupants
have been relocated; or, for an exterior hazard reduction activity,
where it is easily read 20 feet (6 meters) from the edge of the hazard
reduction activity worksite. Each warning sign shall be as described in
29 CFR 1926.62(m), except that it shall be posted irrespective of
employees\' lead exposure and, to the extent practicable, provided in
the occupants\' primary language.

Sec. 35.1350 Safe work practices.

\(a\) Prohibited methods. Methods of paint removal listed in Sec. 35.140
shall not be used.

\(b\) Occupant protection and worksite preparation. Occupants and their
belongings shall be protected, and the worksite prepared, in accordance
with Sec. 35.1345.

\(c\) Specialized cleaning. After hazard reduction activities have been
completed, the worksite shall be cleaned using cleaning methods,
products, and devices that are successful in cleaning up dust-lead
hazards, such as a HEPA vacuum or other method of equivalent efficacy,
and lead-specific detergents or equivalent.

\(d\) De minimis levels. Safe work practices are not required when
maintenance or hazard reduction activities do not disturb painted
surfaces that total more than:

\(1\) 20 square feet (2 square meters) on exterior surfaces;

\(2\) 2 square feet (0.2 square meters) in any one interior room or
space; or

\(3\) 10 percent of the total surface area on an interior or exterior
type of component with a small surface area. Examples include window
sills, baseboards, and trim.

Sec. 35.1355 Ongoing lead-based paint maintenance and reevaluation
activities.

\(a\) Maintenance. Maintenance activities shall be conducted in
accordance with paragraphs (a)(2)-(6) of this section, except as
provided in paragraph (a)(1) of this section.

\(1\) Maintenance activities need not be conducted in accordance with
this section if both of the following conditions are met, as applicable:

\(i\) Either a lead-based paint inspection indicates that no lead-based
paint is present in the dwelling units, common areas, and on exterior
surfaces, or a clearance report prepared in accordance with Sec.
35.1340(a) indicates that all lead-based paint has been removed; and

\(ii\) If a risk assessment is required by the applicable subpart of
this part, a current risk assessment indicates that no soil-lead hazards
and no dust-lead hazards are present.

\(2\) A visual assessment for deteriorated paint, bare soil, and the
failure of any hazard reduction measures shall be performed at unit
turnover and every twelve months.

\(3\) (i) Deteriorated paint. All deteriorated paint on interior and
exterior surfaces located on the residential property shall be
stabilized in accordance with Sec. 35.1330(a)(b), except for any paint
that an evaluation has found is not lead-based paint.

\(ii\) Bare soil. All bare soil shall be treated with standard
treatments in accordance with Sec. 35.1335(d) through (g), or interim
controls in accordance with Sec. 35.1330(a) and (f); except for any bare
soil that a current evaluation has found is not a soil-lead hazard.

\(4\) Safe work practices, in accordance with sec. 35.1350, shall be
used when performing any maintenance or renovation work that disturbs
paint that may be lead-based paint.

\(5\) Any encapsulation or enclosure of lead-based paint or lead-based
paint hazards which has failed to maintain its effectiveness shall be
repaired, or abatement or interim controls shall be performed in
accordance with Secs. 35.1325 or 35.1330, respectively.

\(6\) Clearance testing of the worksite shall be performed at the
conclusion of repair, abatement or interim controls in accordance with
Sec. 35.1340.

\(7\) Each dwelling unit shall be provided with written notice asking
occupants to report deteriorated paint and, if applicable, failure of
encapsulation or enclosure, along with the name, address and telephone
number of the person whom occupants should contact. The language of the
notice shall be in accordance with Sec. 35.125(c)(3). The designated
party shall respond to such report and stabilize the deteriorated paint
or repair the encapsulation or enclosure within 30 days.

\(b\) Reevaluation. Reevaluation shall be conducted in accordance with
this paragraph (b), and the designated party shall conduct interim
controls of lead-based paint hazards found in the reevaluation.

\(1\) Reevaluation shall be conducted if hazard reduction has been
conducted to reduce lead-based paint hazards found in a risk assessment
or if standard treatments have been conducted, except that reevaluation
is not required if any of the following cases are met:

\(i\) An initial risk assessment found no lead-based paint hazards;

\(ii\) A lead-based paint inspection found no lead-based paint; or

\(iii\) All lead-based paint was abated in accordance with Sec. 35.1325,
provided that no failures of encapsulations or enclosures have been
found during visual assessments conducted in accordance with Sec.
35.1355(a)(2) or during other observations by maintenance and repair
workers in accordance with Sec. 35.1355(a)(5) since the encapsulations
or inclosures were performed.

\(2\) Reevaluation shall be conducted to identify:

\(i\) Deteriorated paint surfaces with known or suspected lead-based
paint;

\(ii\) Deteriorated or failed interim controls of lead-based paint
hazards or encapsulation or enclosure treatments;

\(iii\) Dust-lead hazards; and

\(iv\) Soil that is newly bare with lead levels equal to or above the
standards in Sec. 35.1320(b)(2).

\(3\) Each reevaluation shall be performed by a certified risk assessor.

\(4\) Each reevaluation shall be conducted in accordance with the
following schedule if a risk assessment or other evaluation has found
deteriorated lead-based paint in the residential property, a soil-lead
hazard, or a dust-lead hazard on a floor or interior window sill.
(Window troughs are not sampled during reevaluation). The first
reevaluation shall be conducted no later than two years from completion
of hazard reduction. Subsequent reevaluation shall be conducted at
intervals of two years, plus or minus 60 days. To be exempt from
additional reevaluation, at least two consecutive reevaluations
conducted at such two-year intervals must be conducted without finding
lead-based paint hazards or a failure of an encapsulation or enclosure.
If, however, a reevaluation finds lead-based paint hazards or a failure,
at least two more consecutive reevaluations conducted at such two year
intervals must be conducted without finding lead-based paint hazards or
a failure.

\(5\) Each reevaluation shall be performed as follows:

\(i\) Dwelling units and common areas shall be selected and reevaluated
in accordance with Sec. 35.1320(b).

\(ii\) The worksites of previous hazard reduction activities that are
similar on the basis of their original lead-based paint hazard and type
of treatment shall be grouped. Worksites within such groups shall be
selected and reevaluated in accordance with Sec. 35.1320(b).

\(6\) Each reevaluation shall include reviewing available information,
conducting selected visual assessment, recommending responses to hazard
reduction omissions or failures, performing selected evaluation of
paint, soil and dust, and recommending response to newly-found
lead-based paint hazards.

\(i\) Review of available information. The risk assessor shall review
any available past evaluation, hazard reduction and clearance reports,
and any other available information describing hazard reduction
measures, ongoing maintenance activities, and relevant building
operations.

\(ii\) Visual assessment. The risk assessor shall:

\(a\) Visually evaluate all lead-based paint hazard reduction
treatments, any known or suspected lead-based paint, any deteriorated
paint, and each exterior site, and shall identify any new areas of bare
soil;

\(b\) Determine acceptable options for controlling the hazard; and

\(c\) Await the correction of any hazard reduction omission or failure
and the reduction of any lead-based paint hazard before sampling any
dust or soil the risk assessor determines may reasonably be associated
with such hazard.

\(iii\) Reaction to hazard reduction omission or failure. If any hazard
reduction control has not been implemented or is failing (e.g., an
encapsulant is peeling away from the wall, a paint-stabilized surface is
no longer intact, or gravel covering an area of bare soil has worn
away), or deteriorated lead-based paint is present, the risk assessor
shall:

\(a\) Determine acceptable options for controlling the hazard; and

\(b\) Await the correction of any hazard reduction omission or failure
and the reduction of any lead-based paint hazard before sampling any
dust or soil the risk assessor determines may reasonably be associated
with such hazard.

\(iv\) Selected paint, soil and dust evaluation. (A) The risk assessor
shall sample deteriorated paint surfaces identified during the visual
assessment and have the samples analyzed, in accordance with 40 CFR
745.227(b)(3)(4), but only if reliable information about lead content is
unavailable.

\(b\) The risk assessor shall evaluate new areas of bare soil identified
during the visual assessment. Soil samples shall be collected and
analyzed in accordance with 40 CFR 745.227(d)(8)-(11), but only if the
soil lead levels have not been previously measured.

\(c\) The risk assessor shall take selected dust samples and have them
analyzed. Dust samples shall be collected and analyzed in accordance
with Sec. 35.1320(b). At least two composite samples, one from floors
and the other from interior window sills, shall be taken in each
dwelling unit and common area selected. Each composite sample shall
consist of four individual samples, each collected from a different room
or area. If the dwelling unit contains both carpeted and uncarpeted
living areas, separate floor samples are required from the carpeted and
uncarpeted areas. Equivalent single-surface sampling may be used instead
of composite sampling.

\(7\) The risk assessor shall provide the designated party with a
written report documenting the presence or absence of lead-based paint
hazards, the current status of any hazard reduction and standard
treatment measures used previously and any newly-conducted evaluation
and hazard reduction activities. The report shall include the
information in 40 CFR 745.227(d)(11), and shall:

\(i\) Identify any lead-based paint hazards previously detected and
discuss the effectiveness of any hazard reduction or standard treatment
measures used, and list those for which no measures have been used.

\(ii\) Describe any new hazards found and present the owner with
acceptable control options and their accompanying reevaluation
schedules.

\(iii\) Identify when the next reevaluation, if any, must occur, in
accordance with the requirements of paragraph (b)(4) of this section.

\(c\) Response to the reevaluation. (1) Hazard reduction omission or
failure found by a reevaluation. The designated party shall respond in
accordance with paragraph (b)(6)(iii)(A) of this section to a report by
the risk assessor of a hazard reduction control that has not been
implemented or is failing, or that deteriorated lead-based paint is
present.

\(2\) Newly-identified lead-based paint hazard found by a reevaluation.
The designated party shall treat each:

\(i\) Dust-lead hazard or paint lead hazard by cleaning or hazard
reduction measures, which are considered completed when clearance is
achieved in accordance with Sec. 35.1340.

\(ii\) Soil-lead hazard by hazard reduction measures, which are
considered completed when clearance is achieved in accordance with Sec.
35.1340.

tsb/word/leadpt/1018.doc