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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5975-5978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01305]

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Department of Housing and Urban Development

[Docket No. FR-6486-N-02]

Modifying HUD's Elevated Blood Lead Level Threshold for Children 
Under Age 6 Who Are Living in Certain HUD-Assisted Target Housing 
Covered by the Lead Safe Housing Rule

AGENCY: Office of Lead Hazard Control and Healthy Homes, Department of 
Housing and Urban Development (HUD).

ACTION: Notice.

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SUMMARY: This notice announces HUD's modifying its elevated blood lead 
level (EBLL) threshold under its Lead Safe Housing Rule from to 5 to 
3.5 micrograms of lead per deciliter of blood ([micro]g/dL) for a child 
under the age of 6, consistent with the Centers for Disease Control and 
Prevention's current blood lead reference value of 3.5 [micro]g/dL. 
This notice also describes the required compliance dates for 
implementing this modification, which depend on whether the applicable 
State, State-level jurisdiction, territory, or local jurisdiction has 
already incorporated a blood lead level action threshold equal to or 
lower than the CDC's current blood lead reference value.

DATES: The provisions of this notice relating to HUD's revision to its 
EBLL take effect on January 17, 2025.
    Compliance Dates: Compliance with the provisions of this notice 
relating to HUD's revision to its EBLL threshold is required as 
described in this notice at section V, ``Compliance dates for change to 
the EBLL threshold.''

FOR FURTHER INFORMATION CONTACT: Warren Friedman, Office of Lead Hazard 
Control and Healthy Homes, Department of Housing and Urban Development, 
451 7th Street SW, Room 8236, Washington, DC 20410-3000, telephone 202-
402-7698 (this is not a toll-free number), and email 
[email protected]. HUD invites that any further comments on this 
notice be sent to HUD using the contact information provided in this 
section. HUD welcomes and is prepared to receive calls from individuals 
who are deaf or hard of hearing, as well as individuals with speech or 
communication disabilities. To learn more about how to make an 
accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and HUD's Lead Safe Housing Rule
II. EBLL Notice for Comment
III. Public Comments
    Reasoning and Justification for the EBLL Threshold Change
    Compliance Period for the EBLL Threshold Change
    Training, Technical Assistance, and Support
    Monitoring and Enforcement
    Funding
    Environmental Investigations and Lead Hazard Control Workforce
IV. Change to the EBLL Threshold
V. Compliance Dates for Change to the EBLL Threshold
    HUD-Assisted Target Housing in States, State-Level 
Jurisdictions, Territories, and Local Jurisdictions With a Blood 
Lead Level Action Threshold Equal to or Lower Than the CDC's Current 
BLRV
    HUD-Assisted Target Housing in States, State-Level 
Jurisdictions, Territories, and Local Jurisdictions With a Blood 
Lead Level Action Threshold Greater Than the CDC's Current BLRV or 
That Do Not Have Such a Threshold

Abbreviations

BLRV: blood lead reference value
CDC: Centers for Disease Control and Prevention
EBLL: elevated blood lead level
EPA: U.S. Environmental Protection Agency
HHS: U.S. Department of Health and Human Services
HUD: U.S. Department of Housing and Urban Development
OLHCHH: Office of Lead Hazard Control and Healthy Homes
[micro]g/dL: micrograms of lead per deciliter of blood

I. Background and HUD's Lead Safe Housing Rule

    On September 15, 1999, HUD published a final rule entitled 
``Requirements for Notification, Evaluation and Reduction of Lead-Based 
Paint Hazards in Federally Owned Residential Property and Housing 
Receiving Federal Assistance.'' \1\ HUD's September 15, 1999 final 
rule, including revisions made through subsequent rulemakings since the 
rule's original publication, is referred to throughout this notice as 
the ``Lead Safe Housing Rule.'' \2\ The Lead Safe Housing Rule's 
purpose is to implement the Lead-Based Paint Poisoning Prevention Act, 
as amended,\3\ and the Residential Lead-Based Paint Hazard Reduction 
Act of 1992,\4\ and specifically ``to ensure that housing receiving 
Federal assistance and federally owned housing that is to be sold does 
not pose lead-based paint hazards to young children.'' \5\
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    \1\ 64 FR 50140.
    \2\ See 24 CFR part 35, subparts B through R.
    \3\ 42 U.S.C. 4821 et seq.
    \4\ 42 U.S.C. 4851 et seq.; see also 24 CFR 35.100(a).
    \5\ 64 FR 50140, 50199 (Sept. 15, 1999).
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    Under the Lead Safe Housing Rule, when a child under age 6 residing 
in certain housing built before 1978--i.e., ``target housing'' \6\--
that is HUD-assisted is identified as having an EBLL, the ``designated 
party''--the property owner or other entity (e.g., Federal agency, 
State, local government, public housing agency, Indian Tribe, tribally 
designated housing entity, sponsor) responsible for complying with 
applicable requirements of the Lead Safe Housing Rule for that 
assistance \7\--is required to undertake certain actions. These 
required actions are generally the same for each of the four applicable 
Lead Safe Housing Rule subparts in 24 CFR part 35 regarding HUD 
assistance:
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    \6\ Most housing built before 1978 is considered ``target 
housing,'' which is the focus of the Lead Safe Housing Rule and 
other HUD and EPA rules and programs on lead safety in housing. The 
Lead Safe Housing Rule defines ``target housing,'' in part, as ``any 
housing constructed prior to 1978, except housing for the elderly or 
persons with disabilities (unless a child of less than 6 years of 
age resides or is expected to reside in such housing for the elderly 
or persons with disabilities) or any zero-bedroom dwelling.'' 24 CFR 
35.110, target housing. HUD is preparing to amend the definition of 
``target housing'' in 24 CFR part 35 to reflect the slight expansion 
of the scope of the term by the Consolidated Appropriations Act, 
2017 (Pub. L. 115-31, enacted May 5, 2017) to include the small 
number of pre-1978 zero-bedroom dwellings in which a child under age 
6 resides or is expected to reside. See the Office of Information 
and Regulatory Affairs, Fall 2024 Unified Agenda of Regulatory and 
Deregulatory Actions, HUD Regulatory Identification Number 2501-
AE03, https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=2501-AE03.
    \7\ See 24 CFR 35.110, designated party.
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     Subpart H, Project-Based Assistance,
     Subpart I, HUD-Owned and Mortgagee-in-Possession 
Multifamily Property,
     Subpart L, Public Housing Programs, and
     Subpart M, Tenant-Based Rental Assistance.
    Additionally, subpart D, which covers project-based assistance 
provided by a Federal agency other than HUD, has slightly narrower 
requirements. Under subpart D, other Federal agencies are not required 
to report instances of

[[Page 5976]]

children under age 6 being identified with an EBLL to HUD.
    During an environmental investigation, certified lead risk 
assessors or professionals from the local public health department 
check the child's environment for possible causes of lead exposure and 
recommend ways to prevent further lead exposure. If the environmental 
investigation identifies any lead-based paint hazards in the HUD-
assisted housing unit of the child, a designated party associated with 
the assistance must arrange for the hazards to be controlled in 
accordance with HUD and EPA requirements, as applicable, on a schedule 
specified in the Lead Safe Housing Rule.\8\ If any of the building's 
other HUD-assisted target housing units have a child under age 6 
residing in the housing, those units and common areas servicing those 
units are also required to have a risk assessment conducted. Where a 
risk assessment is conducted, a designated party associated with the 
assistance must arrange for any lead-based paint hazards in those units 
or common areas to be controlled in accordance with HUD and EPA 
requirements, as applicable, on a schedule specified in the Lead Safe 
Housing Rule.\9\
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    \8\ For additional information on required actions where a child 
has an EBLL, see 24 CFR 35.325 (subpart D); 24 CFR 35.730; (subpart 
H), 24 CFR 35.830 (subpart I); 24 CFR 35.1130 (subpart L); and 24 
CFR 35.1225 (subpart M).
    \9\ Id.
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II. EBLL Notice for Comment

    On September 11, 2024, HUD published a notice for comment in the 
Federal Register (the EBLL Notice for Comment) that provided background 
on HUD's requirements for responding to an EBLL in children under the 
age of 6 since 2017 and HUD's process in considering CDC's 
recommendations regarding an EBLL in children under the age of 6.\10\ 
In the EBLL Notice for Comment, HUD explained its intention to revise 
its EBLL threshold to 3.5 [micro]g/dL for a child under age 6 and 
invited public comment regarding HUD's intended revision to its EBLL 
threshold for a child under age 6. For additional background, see the 
EBLL Notice for Comment.
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    \10\ 89 FR 73702.
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III. Public Comments

    As described in the EBLL Notice for Comment, HUD explained its 
intention to decrease its EBLL threshold from its current level of 5 
[micro]g/dL for a child under age 6 \11\ to 3.5 [micro]g/dL, consistent 
with CDC's current BLRV of 3.5 [micro]g/dL for a child under age 6.\12\ 
In the EBLL Notice for Comment, HUD requested public input regarding 
HUD's intention to make the described update to its EBLL threshold for 
the Lead Safe Housing Rule. In addition to welcoming all public input 
in response to the EBLL Notice for Comment, HUD also specifically 
requested input on certain topics. These specific requests for input 
related to HUD's reasoning for the EBLL threshold revision, including 
the described justification and whether there were other considerations 
and how HUD should address other considerations relating to revising 
the EBLL threshold. In addition, HUD also specifically requested input 
regarding the compliance period for the revision of the EBLL threshold 
and potential impacts to ongoing program activities because of the 
revision.
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    \11\ CDC. CDC response to Advisory Committee on Childhood Lead 
Poisoning Prevention recommendations in ``Low Level Lead Exposure 
Harms Children: A Renewed Call of Primary Prevention. June 7, 2012. 
https://stacks.cdc.gov/view/cdc/37586. See, also, Advisory Committee 
on Childhood Lead Poisoning Prevention. Low Level Lead Exposure 
Harms Children: A Renewed Call for Primary Prevention. January 4, 
2012. https://stacks.cdc.gov/view/cdc/11859.
    \12\ https://www.cdc.gov/lead-prevention/php/data/blood-lead-surveillance.html.
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    HUD received 25 public comments in response to the EBLL Notice for 
Comment.\13\ All of the commenters supported the revision of the EBLL 
threshold to a level lower than the current level. A summary of the 
public comments received in response to the EBLL Notice for Comment is 
provided in the text that follows.
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    \13\ The public comments submitted in response to the EBLL 
Notice for Comment can be viewed at Regulations.gov, docket number 
HUD-2024-0069.
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Reasoning and Justification for the EBLL Threshold Change

    A majority of commenters agreed that HUD's modification of the EBLL 
threshold would be reasonable and justified. Many commenters noted that 
they work in the healthcare field, while many other commenters work in 
environmental health advocacy, the legal profession, education, and 
rental housing management fields. Reasons that commenters provided for 
supporting the decrease of HUD's EBLL threshold included the need to 
protect children, with some commenters noting that primary prevention 
is critical and that there are geographic, socioeconomic, and racial/
ethnic disparities in lead exposure. Several commenters noted that they 
felt there was no safe level of lead for children. One commenter stated 
that HUD's change was long overdue, and that 37 States have already 
implemented a change to 3.5 [mu]g/dL for EBLL response. Another 
commenter asserted that 23 States had adopted the lower CDC level as of 
June 2023, and that six of those States provide environmental 
investigations starting at 3.5 [mu]g/dL.
    HUD Response: HUD agrees with commenters that the change to an EBLL 
threshold level to align with CDC's 2021 recommendation is reasonable 
and justified and is consistent with CDC's positions that, ``[n]o safe 
level of lead in children has been identified,'' and that early 
intervention is important to reduce harm.\14\ HUD notes that CDC has 
found that, of its childhood lead poisoning prevention program's \15\ 
State-level grantees,\16\ about three quarters used the CDC's current 
BLRV in 2023 to initiate at least one public health action described on 
CDC's Recommended Actions Based on Blood Lead Level web page,\17\ with 
the most common barrier reported by the other quarter of State-level 
grantees being lack of resources for follow-up activities and for the 
program.\18\ About two-thirds of jurisdictions perform educational 
interventions, caregiver-lead education, and follow-up blood lead 
monitoring and testing at or above the BLRV. Based on the CDC's finding 
that using its BLRV is generally--if not universally, because of 
resource limitations--implementable, HUD is selecting the BLRV as the 
threshold to which it is changing the EBLL under the Lead Safe Housing 
Rule. For HUD-assisted target housing, for which designated parties are 
receiving HUD funds with Lead Safe Housing Rule compliance being a 
condition of the assistance, HUD has determined that selecting the BLRV 
as its EBLL threshold is feasible and appropriate.
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    \14\ See https://www.cdc.gov/lead-prevention/prevention/index.html.
    \15\ Through the childhood lead poisoning prevention program's 
cooperative agreements, ``CDC supports state and local health 
departments, or their bona fide agents, through cooperative 
agreements to support childhood lead poisoning prevention. 
Prevention efforts include strengthening: blood lead testing and 
reporting, surveillance, linking children to recommended follow-up 
services, and targeted population-based interventions.'' See https://www.cdc.gov/lead-prevention/success-stories-by-state/index.html.
    \16\ The State-level grantees are made up of nearly all States, 
the District of Columbia, and the Commonwealth of Puerto Rico.
    \17\ https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html.
    \18\ Personal communication. P. Ruckart, CDC Division of 
Environmental Health and Science Practice.
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Compliance Period for the EBLL Threshold Change

    Comments regarding the compliance period for the change to the EBLL 
threshold and potential impacts to

[[Page 5977]]

ongoing program activities were diverse. Numerous commenters stated 
that a compliance period of six months or longer to meet the revised 
EBLL threshold was appropriate to allow housing providers time to 
change their operations and receive technical assistance and training. 
One commenter suggested that a compliance period of nine months to meet 
the revised EBLL threshold would be more highly favored by rental 
housing owners and may help ensure that recertifications in HUD's 
Housing Choice Voucher program occur without disruption, so that 
families can continue to live in their current residences if they wish. 
Another commenter advocating for a six-month compliance period to meet 
the revised EBLL threshold noted that the time would help ensure 
availability of certified professionals to meet the increased demand 
for environmental investigations and lead hazard control. Commenters 
noted that a longer compliance period would provide HUD and other 
agencies working in lead poisoning prevention more time to communicate 
and train on the EBLL threshold related changes before compliance is 
required.
    Several commenters recommended a compliance period shorter than six 
months to meet the revised EBLL threshold, suggesting a range of time 
from immediate implementation to three months. For the commenters 
recommending a three month compliance period, one commenter noted that 
the shorter compliance period would be adequate because responding to 
findings of EBLL cases in children under age 6 who reside in HUD-
assisted target housing is not a new activity for providers of such 
target housing. Another commenter noted the significant risk of not 
intervening where young children are exposed to lead and having blood 
lead levels between the current and intended EBLL thresholds (i.e., 
below 5.0 [micro]g/dL but at or above 3.5 [micro]g/dL).
    Commenters recommending a compliance period shorter than three 
months also emphasized the importance of preventing harm to young 
children, asserting that HUD had taken a long time in implementing a 
change from CDC's BLRV recommendations made in 2021. These commenters 
also suggested that future EBLL threshold revisions be automatic if and 
when CDC revises its BLRV, and that HUD consider changing the EBLL 
definition in the Lead Safe Housing Rule to remove the requirement for 
notice and comment before implementing an EBLL threshold change. These 
commenters also stated that, given that so many States and State-level 
jurisdictions have already revised their blood lead action level to the 
CDC's current BLRV, HUD did not need to allow additional time for 
designated parties with HUD-assisted target housing in those States to 
adapt to a change already covering their properties. Lastly, a 
commenter noted that HUD-assisted housing providers have had almost 
four years to learn about the CDC's guidance on responses to its 
lowered BLRV, meaning that HUD's revision to its EBLL threshold should 
not be a surprise to them.
    HUD Response: Based on the comments received, HUD agrees that a 
compliance period of more than six months is not necessary because of 
how long it has been since the release of CDC's 2021 BLRV guidance. 
This is especially true given that there is existing infrastructure and 
training already available to HUD-assisted housing providers to respond 
to children with an EBLL. In addition to the regulatory revisions in 
2017, HUD has published guidance and technical assistance resources 
regarding the Lead Safe Housing Rule on HUD Exchange.\19\ Responding to 
children with EBLLs is not a new activity for HUD-assisted housing 
providers, and many have already responded to EBLL cases among families 
they serve. HUD also appreciates that a significant proportion of 
States and territories have already adopted a lower blood lead level 
action threshold for response in advance of Federal action for HUD-
assisted target housing. HUD agrees that a shorter compliance 
implementation period is appropriate in these States. HUD is 
designating, in section V, Compliance, two compliance implementation 
periods based on whether the blood lead level action threshold for the 
jurisdiction in which a property is located is greater than the CDC's 
current BLRV or is less than or equal to that BLRV.
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    \19\ HUD Exchange is a website that provides resources and 
assistance to support HUD's community partners and their partners 
(https://www.hudexchange.info/about/). HUD Exchange includes a Lead-
Based Paint sub-site with information on lead-based paint safety in 
HUD-assisted target housing (https://www.hudexchange.info/programs/lead-based-paint/), which includes a toolkit on responding to cases 
of a child residing in such housing who has an EBLL (https://www.hudexchange.info/programs/lead-based-paint/lshr-toolkit/respond-to-a-child-with-an-ebll/).
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    HUD does not agree with recommendations for immediate 
implementation of the EBLL threshold change. For HUD's programs, 
issuing a change with a required programmatic effect differs from CDC 
issuing guidance on clinical and public health practices, such as CDC 
revising its BLRV. In particular, the designated parties affected by 
HUD changing its EBLL threshold for children under age 6 need to be 
notified of the change and given time to prepare to comply with the 
change. Comments suggesting that HUD should fully eliminate the Lead 
Safe Housing Rule's requirements for notice and comment for future EBLL 
threshold changes are outside of the scope of this notice; however, for 
reasons similar to those already stated, HUD disagrees that the notice 
and comment process should be eliminated from the Lead Safe Housing 
Rule. As noted above, HUD is designating, in section V, Compliance, two 
compliance implementation periods.

Training, Technical Assistance, and Support

    Some commenters recommended additional training, technical 
assistance, and support for HUD-assisted housing providers and 
jurisdictions implementing the EBLL threshold change.
    HUD Response: To the extent feasible within HUD's budgetary and 
staffing resource limitations, HUD will provide such consultations, 
including within the Community Compass Technical Assistance \20\ funds 
that have been allocated to the OLHCHH's lead safety program. Further, 
where appropriate, HUD will continue to update the guidance and 
instructional materials on the HUD Exchange's Lead-Based Paint website 
and will provide staff time for online and in-person trainings.
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    \20\ See, e.g., https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/fy22_23_ccta; and https://www.hud.gov/program_offices/cfo/gmomgmt/grantsinfo/fundingopps/24-25_cctacb.
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Monitoring and Enforcement

    A few commenters recommended additional ``accountability'' for 
landlords, and several commenters noted the need for compliance 
monitoring and enforcement of HUD's regulations regarding lead-based 
paint.
    HUD Response: HUD notes that the Lead Safe Housing Rule requires 
that landlords whose target housing is covered by the Lead Safe Housing 
Rule's EBLL provisions must comply with those provisions as well as 
with State, Tribal or local laws, ordinances, codes or regulations 
governing evaluation and hazard reduction pertaining to blood lead 
levels of children residing in such housing.\21\
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    \21\ 24 CFR 35.1350(b).
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    HUD's OLHCHH will coordinate with the HUD program offices that 
provide the housing assistance covered by this notice to update their 
monitoring and

[[Page 5978]]

enforcement policies and programs to reflect the modified EBLL 
threshold.

Funding

    Some commenters asserted that this change to the EBLL threshold 
will prompt a need for adequate additional funding and resources for 
its implementation.
    HUD Response: HUD will continue to request sufficient funding to 
support designated parties in implementing the revised EBLL threshold. 
HUD notes, however, that this change restores the percentage of target 
housing expected to include children under age 6 with EBLLs to the 
percentage anticipated under the 2017 amendment to the Lead Safe 
Housing Rule. Therefore, apart from inflation since 2017, the 
associated costs for designated parties are expected to remain 
comparable.

Environmental Investigations and Lead Hazard Control Workforce

    One commenter noted that it will be stressful for parents if they 
cannot access lead remediation services once their child is identified 
as having an EBLL.
    HUD Response: HUD agrees that the availability of certified lead-
based paint professionals and firms to perform environmental 
investigations and lead hazard control is important, and HUD will 
continue to make development of this workforce a priority under 
OLHCHH's lead hazard reduction grant programs.\22\
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    \22\ See, e.g., https://apply07.grants.gov/apply/opportunities/instructions/PKG00287135-instructions.zip and https://www.hud.gov/program_offices/healthy_homes/grant_opportunities.
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IV. Change to the EBLL Threshold

    Based on the history, comments, and reasoning above, HUD is 
changing the EBLL threshold under the Lead Safe Housing Rule from its 
current value of 5 [micro]g/dL for a child under age 6 to 3.5 [micro]g/
dL for a child under age 6. HUD's revision to its EBLL threshold will 
encourage healthcare providers and public health professionals to use 
the CDC-recommended follow-up actions that include arranging for an 
environmental investigation of the home to identify potential sources 
of lead.\23\ The revisions will require an environmental investigation 
by the designated party, unless the public health department has 
already evaluated the home in connection with the child's EBLL case, 
when the child resides in HUD-assisted target housing covered by the 
Lead Safe Housing Rule's EBLL provisions.
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    \23\ For additional information, see CDC, Childhood Lead 
Poisoning Prevention, Recommended Actions Based on Blood Lead Level, 
https://www.cdc.gov/lead-prevention/hcp/clinical-guidance/index.html.
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V. Compliance Dates for Change to the EBLL Threshold

HUD-Assisted Target Housing in States, State-Level Jurisdictions, 
Territories, and Local Jurisdictions With a Blood Lead Level Action 
Threshold Equal to or Lower Than the CDC's Current BLRV

    For HUD-assisted target housing in States, State-level 
jurisdictions, territories, and local jurisdictions that have a blood 
lead level action threshold equal to or lower than the CDC's current 
BLRV (i.e., equal to or lower than 3.5 [micro]g/dL for a child under 
age 6), HUD is requiring compliance with this change of the Lead Safe 
Housing Rule's EBLL threshold to 3.5 [micro]g/dL for a child under age 
6 by April 17, 2025. This compliance date provides HUD program offices 
the necessary time to advise the designated parties under their 
respective programs and for those designated parties to formalize their 
property management plans to reflect the change to HUD's EBLL 
threshold.

HUD-Assisted Target Housing in States, State-Level Jurisdictions, 
Territories, and Local Jurisdictions With a Blood Lead Level Action 
Threshold Greater Than the CDC's Current BLRV or That Do Not Have Such 
a Threshold

    HUD believes that there may be less demand for and capacity of 
certified lead-based paint professionals to perform the work associated 
with HUD's revision to its EBLL threshold where there is no blood lead 
level action threshold for a child under age 6 or a threshold that is 
above the CDC's current BLRV. For HUD-assisted target housing in such 
States, State-level jurisdictions, territories, and local 
jurisdictions, HUD is requiring compliance with this change of the Lead 
Safe Housing Rule's EBLL threshold to 3.5 [micro]g/dL for a child under 
age 6 by July 16, 2025. HUD agrees with commenters that this longer 
compliance period may have a negative impact on the health of lead-
exposed children; however, HUD believes this longer period is necessary 
and reasonable given the challenges relating to local capacity of lead-
based paint professionals and firms.

Matthew Ammon,
Director, Office of Lead Hazard Control and Healthy Homes.
[FR Doc. 2025-01305 Filed 1-16-25; 8:45 am]
BILLING CODE 4210-67-P
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