Document NRggMjKXR2bpv82YV274kpng

HUD's analysis of these screening data has begun with l$the venous blood lead data from New York City. Preliminary analysis undertaken in cooperation with the New York City If Department of Health found some highly significant results liSlatina to variations of blood lead levels in New York $jifbetween 1970 and 1976. These results include: i. !Hpg&x^ - 2. ill? There Is a definite difference in blood lead values foi racial and ethnic groups; blacks have the highest mean lead levels, and htspanic and white groups have nearly the same, significantly lower levels. The mean blood lead level is related to age among children. This age dependence is similar for all sampling years; the 1- to 12-month age group has the lowest levels, and generally the maximum is found amon? 2- to 4-year old children. There was a consistent decrease of mean blood levels between 1970 and 1976. This decrease was coincident with a reduction in the air lead levels in the New . York area as measured at a single air sampling station. 4. There is a seasonal variation in mean blood leads; a peak occurs each July and August. X, ' Iifil;. vff This study is based on one of the most extensive data sets available on blood lead levels. The results were considered significant and the initial findings were trans mitted to the Environmental Protection Agency to be included In the Air lead Criteria Document used for setting an ambient air lead standard. Appendix E is a copy of the letter of the results of this study transmitted to EPA. Whether deleading of a dwelling unit alone will result in a significant decrease in children's blood lead levels is unclear. The concept of deleading a dwelling unit after finding a child elevated blood lead was based on early programmatic expere which showed that. In some instances and primarily among dren with clinical lead poisoning, lack of hazard abatement rlted In a recurrence of symptoms. At the same time a number hi 1dren have recovered spontaneously with no hazard abatement, rtunately to date no controlled studies have been completed ietermlne whether hazard abatement Is effective, to what extent lust be done, or whether other factors, such as education, might - a role in decreasing lead levels in children, particularly in iptomatic cases. 75 HUD Is now sponsoring one study In cooperation with the City of Hew York which may provide some Information on this area. In 1975 NBS sponsored a feasibility study to determine If a research project could be designed that would compare the cost-effectiveness of completely or partially removing lead-based paint from the dwellings where children with moderately and highly elevated blood lead levels live (6). This study showed that in order to develop the statistical data to determine the efficacy of alternate intervention strategies. It would be necessary to examine a large program with at least 100 subjects in each Intervention group, and with a narrow range of blood lead levels In each group. Only the New York City screening program historically had Identified sufficient children with elevated blood lead levels to meet these con ditions. The New York City Bureau of Lead Poisoning Control submitted a proposal to HUD to perform the study, and It was awarded a grant In June 1976. The results of this study will be vital to help determine the nature of lead-based paint hazards and the effectiveness of present hazard abatement procedures. Under the terms of the grant. New York will analyze the data from a statistical Sample of children to determine the effects of alternative Intervention techniques on blood lead levels. The study requires selecting 700 subjects with blood lead levels In narrowly defined ranges, randomly assigning these subjects to 7 groups of 100 each, and providing a follow-up of these subjects after 12 months. Four groups will be made up of children with blood lead levels between 38 and 42 ug/100 ml and the other group will be from children with blood lead levels higher than 50 ug/100 ml. The three intervention techniques are: 1. Standard intervention -- removal only of peeling or flaking lead-based paint 2. Standard intervention and extensive education of the family 3. Standard intervention plus removal or covering of all identified lead-based painted surfaces. The overall objectives are to ascertain the costs and effectiveness of the three intervention alternatives. Deter mining the best alternative could mean more effective use of Federal and local funds for hazard abatement. DUP050032963 * id V It 'Is too early to make any preliminary comment about .results of this study. The study has been thwarted by > ufact that there are fewer lead poisoning cases available would have been predicted from previous years' findings. H is consistent with the data analysis showing a declining an blood lead level over time. j|,Qur knowledge about the nature of lead poisoning is rently in a state of flux, and Over the last few years " questions have been raised than answers provided. While ,,,,,, still believe that lead paint causes some lead poisoning Inhere would be considerable doubt as to whether one could now ^>-ike definite statements, such as those transmitted in the Jtoort to Congress, about lead-based paint poisoning. EPA -^recently completed an Air Lead Criteria Document that reflects ithe latest scientific knowledge about the health hazard due to '%'iead (7). This voluminous compilation sums up the current ^..thinking on the effect of lead, primarily ambient air lead, public health. It will serve, as a fundamental source of 'Vkinformation on the effects of lead from many sources, includ- ing lead-based paint. I'-the Extent of Lead-Based Paint Poisoning The level of lead in a child as determined by the methods currently being used by local screening programs provides a , && -measure of total lead regardless of its source. These techniques & cannot distinguish how much lead comes from paint or the other sources of environmental exposure. The data available therefore provide an upper bound to the extent of elevated lead levels due S to paint ingestion and do not permit reliable estimates of the f| relative contribution from lead-based paint alone. w # The analysis of the Mew York City data raises questions &? .about the accuracy of the projections to the national extent .of lead based paint poisoning currently being used by policy planners and public health authorities (8,9). | Further, the currently used statistic of 800,000 children VjWith elevated lead levels is based on dated Information, i.e., ;ptata collected prior to 1971 in a few cities and extrapolated ji riationwide; these may need to be revised. As an example of the possible errors, one might consider the Currently used estimate of 200 deaths a year due to leadbased paint poisoning. It is not clear how this figure was derived (8), but presumably it was based on the number of deaths due to lead poisoning in several major cities, such as* Mew York and Chicago in the late 1960`s. However, even today 77 DUP050032964 reliable statistics on the number of children killed by lead poisoning are unavailable. Neither HEW nor local health agencies require reports on lead poisoning deaths. In an effort to obtain an estimate of childhood lead poisoning deaths, HUD conducted a telephone survey of local administrators of lead poisoning screening projects for their data for 1974, 1975 and 1976. The reports.of suspected lead poisoning deaths showed that in 1974 Philadelphia and Atlanta each reported one death and Chicago reported three. In 1975 only St. Louis Indicated a single suspected lead poisoning death. None of the local ities listed in Table 6-3 reported any suspected lead poisoning deaths between 1974 and 1976. The population represented by the 42 localities with HEW-supported lead poisoning control projects is a significant percentage of the population at risk and therefore should provide a good Indication of the deaths due to childhood lead poisoning In the United States. However, these partial data cannot be used to project an expected annual death rate for the Country as a whole. On the other hand. If the projected 200 deaths were a reliable estimate, then one would expect many more deaths in the surveyed localities than actually were found. Another example of an outdated statistic is the estimate of 600,000 children with elevated blood lead levels. Both the HEW and NBS calculations cite this number, but use different definitions for elevated blood lead. The HEW estimate (8) refers to the number of children with blood lead levels above 60.0 micrograms lead per 100 mi 111 illters of blood, but with no overt symptoms. The estimate was based on the results or the Illinois and New fork City screening projects in the late 1960's and early 1970's which were showing about 3% of the children screened with lead above this level. Our analysis of the New York City venous blood lead data shows that currently only about ,,Z-.h% of the children screened have lead levels above this value. This finding is further supported by a report by the New York City Bureau of Lead Control and summarized in Table 6-4. These data are for all children screened and show that the number of children with blood lead levels over 55 microgram percent has dropped from 3% In 1970 to 0.43! in 1976 (10). NBS also estimated 600,000 children nationwide with elevated blood lead levels. However, their definition of elevated blood lead level was 40 ug/100 ml (y) not 60 ug/lOu ml as used by HEW (e). The NBS study used aata from New Haven, Connecticut as the basis of national projections. The New Haven data used by NBS showed that 23% of the children screened prior to 1971 i.and an eieyatea blood lead level of 40 ug/100 ml. More recent studies of data obtained between July 1974 and December 1976 snows that 11% ot the children screened had an 40 ug/100 ml blood lead on the first test ana oniy half of tnese could ue confirmed on a subsequent blood test. 78 DUP050032965 Table 6-3 LOCALITIES SURVEYED FOR LEAD POISONING & DEATHS 1974-1976 : CONNECTICUT New Haven Stanford . MASSACHUSETTS Statewide NF.W YORK > Albany Buffalo New York City Syracuse NEW JERSEY Hoboken Newark DELAWARE Wilmington MARYLAND Baltimore VIRGINIA Richmond Norfolk KENTUCKY Louisville SOUTH CAROLINA Charleston TENNESSEE Memphis ILLINOIS Rockford WISCONSIN Statewide ARKANSAS Little Rock TEXAS Houston KANSAS Kansas City MISSOURI St. Louis OHIO Cincinnati Cleveland Columbus CALIFORNI Statewide MICHIGAN Detroit 79 DUP050032966 Hi li-i Z < HO <3 s cH aHa>. uo_ s CO CO 05 CO CO CO CO CO CO LU (O H n* < 05 til TT ci t?S w * d>: oo r" CA ^ 8S o_ om 3c gs H + * Ci0nM> *o3>- .r- CO 05 -- CO orC>O CM r- I -1* 0> a cc 813re H <o n O) _i g CQ _ 1cV u-E Om oO ZaQyi iu5n=>t OH W i8_> Q E ro-> CO CTTMO 00 CM 00 CM ao>. o LO oi CT"O q. r* 00 in oo' <r CM CM v? eg p 3 t O z 3 r* CM CO in CO i" C* r*. r* r> IN. ro 0) 05 05 05 05 05 80 M. DUP050032967 It would therefore appear that there Is sufficient evidence to suspect the reliability of the current national estimates*of Iliad poisoning being used. The national estimate which Is to be used by policy makers should be re-evaluated. Data to make this re-evaluation Is currently being collected by HUD, but so far only the New York City data has been analyzed. I 1j!\ Finally, there are no reliable estimates of how many children found with undue lead absorption have sustained permanent Injury, pedicel and health experts are still debating which, if any, permanent disabilities are caused by excessive lead absorption 1 In the absence of clinical lead poisoning. It is not even known from the data reported how many children with excessive 1 lead absorption have classical clinical symptoms of lead 'poisoning. More thorough analyses of local screening data |nd hospital records are required to arrive at some estimate of the consequences of elevated blood lead levels at 40 ug/100 ml. Hj^fextent of Lead-Based Paint in Housing 1SI A major source of environmental lead exposure for the general population comes from lead contained in both interior rand exterior paint. It is generally accepted that lead-based spaint is the primary source of pediatric lead poisoning in SHi! ;the United States (11). The amount of lead and its accessibility depends on the age of the dwelling unit and the physical condition ;Of the dwelling unit. Older buildings were painted with paint manufactured before lead content was regulated. The level and distribution of lead paint in dwelling units is a complex function of history, geography, economics, and individual decorating habits. Lead pigments were the first pigments produced on a large commercial scale when the paint Industry burgeoned in the early 1900's. In the 1930's, lead pigments gradually were replaced with zinc and other opacifiers. By the 1940's, titanium dioxide became available lip and now has become the most commonly used pigment for resi- dential coatings. There was no regulation of the lead used in house paints In the U.S. until 1955, when the paint Industry adopted a voluntary standard that limited the lead content in paint, for interior uses, to no more than 1 percent by weight of the nonvolatile solids. At approximately the same time, local jurisdictions began adopting codes and regulations prohibiting the sale and use of interior paints containing more than 1 percent lead (12). 81 w DUP050032968 However, contrary to public beliefs and in spite of the change in paint technology and local regulations governing* lead content, interior paint with significant amounts of lead was still available in the 1970's. A 1971 study in New York City found that 8 out of 76 paints tested had a lead content ranging from 2.6 to 10.8 percent, well above the city's legally permissible 1 percent level (13). Later studies by the National Bureau of Standards (14) and by the Consumer Product Safety Commission (15) showed a steady decrease in the number of interior paints with lead levels greater than 1 percent. By 1974, only 2 percent of the interior paints sampled were found to have more than 1 percent lead in the dried film (15). The level of lead in paint already applied in the dwelling unit that should be considered a hazard is unclear. In addition to the total amount of lead in paint, a child's accessibility to it and the frequency of ingestion are Significant, Attempts to set an acceptable lead level for painted surfaces have been unsuccessful, and preventive control of lead paint hazards has been concerned with levels of lead in paint currently manufactured. In one of its reviews, the National Academy of Sciences concluded (16): "Since control of the lead paint hazard is difficult to accomplish once multiple layers have been applied in homes over two to three decades, and since control is more easily regulated at the time of manufacture, we recommend that the lead content of paints be set and enforced at time of manufacture." Local communities use health or housing codes and regulations to control lead-based paint hazards. At the Federal level the Department of Housing and Urban Development has issued regulations for lead hazard abatement in housing assisted or supported by its programs. Generally, the lead level! is considered hazardous when it ranges from 0,5 to 2,5 milligrams per square centimeter (mg/cm2); when the paint is loose, flaking, peeling or broken; or in some cases when it is on surfaces within reach of a child's mouth. Within the same range, the hazardous lead level actually used for legal enforcement appears to be dependent on the sensitivity of field measurements using X-ray fluorescent lead detectors rather than on a determination of biological dose-response relationships. 82 DUP050032969 say! Some studies have been carried out to determine the r-3iiitributton of lead levels in paint in dwelling units. A * survey of lead levels in 2,730 randomly selected dwelling Jo Pittsburgh provides an indication of the distribution d levels (17). Figure 6-1 shows the distribution curves F-Vifdr the highest lead level found in dwelling units of three ^;-_age groups. It is clear that paint with high levels of lead is most frequently found in pre-1940 dwelling units. The curves also show that high level lead paint may also be present in dwellings built after, 1940. Approximately 20% -of the dwelling units surveyed in Pittsburgh built after 1960 "have at least one surface with more than 1.5 mg/cm2 of lead. 11 Places where lead paint is found within an individual dwelling unit varies considerably. Figure 6-2 shows the ^distribution of the highest paint lead measurements on walls, *doors, and,windows for all the units sampled. These data js|tsQ indicate that the lead paint is found most frequently on doors and windows! about 20% of those surveyed had lead "levels greater than 1.5 mg/cm2. Only about 10% of the walls "had lead levels greater than 1.5 mg/cm2 (18), In the literature on lead poisoning, the generally l|f| accepted premise is that the presence of lead in paint is a necessary, but not sufficient, condition to constitute a hazard (11). Accessibility to peeling, flaking or otherwise non-intact paint is also a necessary condition to consider a hazard to be present. Figure 6-3 shows the distribution of lead levels for non-intact conditions for dwelling units and surfaces in the Pittsburgh sample. Of the total samples surveyed, approximately 14 percent of the dwelling units have accessible paint with a lead content greater than 1.5 mg/cm . It is not possible to extrapolate the results of the Pittsburgh survey nationally. However, additional data from a pilot study of 115 dwelling units in Washington, D.C. showed similar results (18), An attempt was made in the Pittsburgh study to obtain information about the correlation between the quantity and condition of lead paint in the dwelling unit and the blood lead levels of children who lived in the units surveyed. Blood lead analyses and socio-economic data for 456 children were matched with information"on lead in the paint levels In their dwelling units. The median blood lead level for this group was 20.7 micrograms of lead per 100 millimeters of blood. 83 DUP050032970 DUP050032971 DUP050032972 DUP050032973 Figure 6-4 is a plot of the blood lead levels against the proportion of surfaces within a dwelling unit that had ead levels of at least 2 mg/cm . Analysis of the data lows a weak correlation (15%). A stronger correlation (403) is found between the age of the child's dwelling and that child's blood lead level. Both of these trends, though statistically weak, were the strongest relationships found In this survey. No correlation was found between the levels of lead on the surface and the blood lead levels (19). * In Cincinnati a study of 81 children from two lower socio-economic communities attempted to relate blood lead levels arid paint lead as determined by x-ray fluorescence (20). Although there was considerable lead In the home environment, it was not reflected in the children's blood lead level. Most of the evidence cited in the literature indicates that one source of exposure in clinical cases of childhood lead poisoning is almost Invariably peeling lead paint and broken lead-impregnated pi aster found In poorly maintained louses. At the same time there are many cases where the lead poisoning cannot be related to a paint hazard in their home environment. Surveys of homes of children with elevated blood lead levels have not consistently revealed lead levels falling Ithin the legally defined range of lead paint hazards (3,4,5). or example, one study reported 5,466 samples of paint obtained from the home environment of lead-poisoned chi1dren in Philadelphia between 1964 and 1968. Of these 67 percent yielded positive findings, defined as paint with more than 1 percent lead (21). Likewise, data published or made available by HEW's Center for Disease Control show that a significant number of children with excessive lead absorption occupy dwelling units which were Inspected for lead-based paint hazards but In which no hazard could be demonstrated (3,4,5). Table 6-1 shows the data obtained from the HEW-funded leadbased paint poisoning control projects for Fiscal Years 1974, 1975 and 1976 and for the transition quarter from July 1, 1976 to September 30, 1976. These data show that In approx imately 40 to 45 percent of confirmed cases of elevated blood lead levels, a possible source of lead paint hazard in the home environment could not be located. In the remaining cases a paint hazard was identified, which may or may not represent a significant actual source of lead for the child. 87 DUP050032974 Figure 64 WITHIN A DWELLING > 2 mg Pb/cm2 maji 88 DUP050032975 The implications of these findings are not clear. How ever, they should not be taken as evidence that lead-based paint is not a major environmental source of lead. Rather, they are presented to Introduce the concept of total lead exposure. Lead-based paint Is only one source of lead contrib uting to the total lead exposure. The contribution of lead from other sources to children's lead levels Is an unknown dimension and the relative contribution of these other sources vis-a-vis lead-based paint cannot be determined at the present time. # i'- if'>^4' ygHHgpi $1 mm 89 liii DUP050032976 References - Chapter 6 1. Report to the Congress In Compliance with PL 91-695, The LeadBased Paint Poisoning Act, U.S. Department of Housing and Urban Development, December 28, 1973 2. Federally Assisted Screening Projects for Childhood Lead Poisoning Control:" The First Three Years (July 1972-June 1975), D. R. Hopkins and V. N. Houk, American Journal of Public Health, Vol. 66, pp. 1485- 86 (1976) ~ 3. Mobidlty and Mortality Weekly Report February 11, 1977, U.S. Departne'.t of Health, Education and Welfare 4. Childhood Lead.Based Paint Poisoning Prevention Program, Reported Data Fiscal Year 1975, U.S. Department of Health. Education and Welfare, January 1974 5. Childhood Lead-Based Paint Poisoning Prevention Program, Summary of Information from Fiscal year 1974 Quarterly Reports, Department of Health, Education and Welfare j 6. Study Design for Evaluating Alternative Intervention Techniques for IHe Remedy of Abnormal Lead Body Burdens in Children, John" A. Whysner Associates, Inc., Report to the National Bureau of Standards, May 7, 1976 7. Air Quality Criteria for Lead, EPA-600/8-77-017, U.S. Environmental Protection Agency, Washington, D.C., December 1977 8. Statistics and Epidemiology of Lead Poisoning, U.S. Dept, of Health, Education and Welfare, Public Health Services, FY 72-61, February 1972. 9. Estimates of the Nature and Extent of Lead Paint Poisoning in the United States, J. Gilsinn, NBS Technical Note 746. National Bureau of Standards, Washington, D.C., U.S. Department of Commerce, December 1972. 10. New York: City Lead Poisoning Program - Achievements and Needs, New York. City Department of Health, Bureau of Lead Poisoning Control, April 22, 1977. 11. Vulnerability of Children to Lead Exposure and Toxicity, 0. $. Lin-Fu, New England Journal of Medicine, Vol. 289, pp. 1229-1233, 1289-1293 (1973) ------ 90 DUP050032977  ' The MBS Lead Paint Poisoning Project; Housing and Other Aspects, sBjSchnfcal NbteT59", H. W. Berger, National Bureau of Standards, |?yjg$h1ngton* D.G. (February 1973} |Mew York Times, D. Bird, August 8, 1971 lifead Faint Survey Sampling Plan and Preliminary Screening, Report 10958, National Bureau of Standards, Washington, D.G. (1973) Report to Congress in Compliance with the Lead-Based Paint Poisoning evention Act, Consumer Product Safety Commission, Washington, D.C., , Analysis of Housing Data Collected in a Lead-Based Paint Survey in ' Pittsburgh, Pennsylvania, Part I, D.R. Shier and W.G. Hall, NBSIR 77-12bo, National Bureau of Standards, Washington, D.C., (1977) wWsf? I' Statistical Analysis of Blood Lead Levels of Children Surveyed In Pittsburgh, Pennsylvania1: Analytical Methodology and Summary Results. D. Urban, NBSIR 76-1024, National Bureau of Standards, Washington, D.C., (April 1976) i ii i muc i yn iu ywuiuft yj viigiiw vyiucniiw in vnv _ .-w Control. R. L. Tvler. Journal of Environmental Health, Vol. 33 pp. 64-71 "(1970) DUP050032978 APPENDIX A * PUBLIC LAW 91-695 DUP050032979 Public Law 91-695 9lst Congress, H. R, 19172 January 13, 197l * HnHct To provide Federal financial aualstance to help cities and communities to develop and carry out Intensive local programs to eliminate the Causes of lead-based paint poisoning and local programs to detect and treat Incidents of such poison* ing, to establish a Federal demonstration and research program to study the extent of the lead-based paint poisoning problem and the methods available for lead-based paint removal, and to prohibit future use of lead-based paint in Federal or federally assisted construction or rehabilitation. 84 STAT. 207B Be it enacted by the Senate and Houee of Representatives of the United States ofAmerica in Congress assembled. That this Act may be Lead-Based cited as the "Lead-Based Paint Poisoning Prevention Act". Paint Poisoning Prevention dot, TITLE I--GRANTS FOR THE DETECTION AND TREAT MENT OF LEAD-BASED FAINT POISONING GRANTS FOR-LOCAL DETECTION AND TREATMENT OF LEAD-BASED PAINT POISONING Sec - 101. (a) The Secretary of Health, Education, and Welfare (hereafter referred to in this title sis the "Secretary") is authorized to make grants to units of general local government in any State for the purpose of assisting such units in developing and carrying out local programs to detect and treat incidents of lead-based paint poisoning. (b) The amount of any such grant shall npt exceed 75 per centum of the cost of developing and carrying out a local program, as approved by the Secretary, during a period of three years. (c) A local program should include-- (1) educational programs- intended to communicate the health danger and prevalence of lead-based paint poisoning among chil dren of inner city areas, to parents, educators, ana local health officials: (2) development and carrying out of intensive community testing programs designed to detect incidents of lead-based paint poisoning among community residents, and to insure prompt medical treatment for such afflicted individuals; (8) development and carrying out of intensive followup pro grams to insure that identified cases of lead-based paint poisoning are protected against further exposure to lead-based paints in (heir living environment; and (4) any other actions which will reduce or eliminate lead-based paint poisoning. (d) Each local program shall afford opportunities for employing the residents of communities or neighborhoods affected by lead-based paint poisoning, and for providing appropriate training, education, and any information which may he necessary to inform such residents of opportunities for employment in lead-based paint poisoning elimination programs. limitation, Biplaynent opportunities, TITLE II--GRANTS FOR THE ELIMINATION OF LEAD-BASED PAINT POISONING Sec . 201. The Secretary of Health, Education, and Welfare is authorized to make grants to units of general local government in any State for the purpose of assisting such units in developing and carrying out programs that identify those areas that present a high risk to the health of residents because of the presence of lead-based A-1 *; DUP050032980 84 STAT, 2079 Employment opportunities. Pub. Law 91-695 -2- January 13, 1971 paints on interior surfaces, and then to develop and carry out pro grams to eliminate the hazards of lead-based paint poisoning. (a) A .local program should include : (1) development and carrying out of comprehensive testing programs to detect the presence of lead-based paints On surfaces of residential housing; (2). the development and carrying out of a comprehensivepro gram requiring the prompt elimination of lead-based paints from all interior surfaces, porches, and exterior surfaces to which chil dren may be commonly exposed, of residential housing on which lead-based paints have been used as a surface covering, including those surfaces on which non-lead-based paints have wen used to cover surfaces to which lead-based paints were previously applied; and (3) any other actions which will reduce or eliminate lead-based paint poisoning. (b) Itachsuch Drosrramshall-- (1) be consistent with the appropriate local program assisted undersection 101, and (2) afford, to the maximum extent feasible, opportunities for employing the residents of communities or neighborhoods affected by lead-based paint poisoning, and for providing appropriate training, education, and any information which may be necessary to inform such residents of opportunities for employment in leadbased paint elimination programs. TITLE III--FEDERAL DEMONSTRATION AND RESEARCH PROGRAM ' Report to Congress, FEDERAL DEMONSTRATION" AND RESEARCH PROGRAM Sf ,c . 301. The Secretary of Housing and Urban Development, in consultation with thc'Secretary of Health, Education, and Welfare, shall develop and carry out a demonstration and research program to determine the nature and extent of the problem of lead-based paint poisoning in the United States, particularly in urban a'reas, and the methods by which lead-based paint can most effectively be removed from interior surfaces, porches, and exterior surfaces to which children may be commonly exposed, of residential housing. Within one year after the date of the enactment of this Act the Secretary shall submit to the Congress a full and complete report of his findings and recommendations as developed pursuant to such program, together with a statement of any legislation which should be enacted, and any changes in existing law which should be made, in order to carry out such recommendations. TITLE IV--PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT PROHIBITION a g a in s t u s e OP LEAD-BASED PAINT in f u t u r e c o n s t r u c t io n AND r e h a b il it a t io n Sec . 401. The Secretary of Health, Education, and Welfare shall take such steps and impose such conditions as may be necessary _or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated after the date of enactment of this Act by the Federal government, or with Federal assistance in any form. A-2 DUP050032981 January 13, 1971 -3- .- Pub. Law 91-695 ^ . ........................ 84 STAT. &)80 TITLE Y--GENERAL DEFINITIONS Sec . 601. As used inthis Act-- (1) the term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; (2) the term "units of general local government" means (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, (B) any com bination of units of general local government in one or more States, (C) an Indian tribe, or (D) with respect to lead-based paint poisoning elimination activities in their urban areas, the territories and possessions of the United States ; and (3) the term "lead-based paint" means any paint containing more than 1 per centum lead By weight (calculated as lead metal) in the total non-volatile content of liquid paints or in the dried film of paint already applied. coNspMvmosr w it h o t h e r d e p a r t j t e n t s a n d a g e n c ie s Sec . 602. In carrying out the authority under this Act. the Secretary of Health, Education, and Welfare shall cooperate with and sek the advice of the heads of any other departments.or.agencies regarding any programs under their respective responsibilities which are related to, or would be affected by, such authority. APPROPRIATIONS Sec . 303. (a) There is hereby authorized to be appropriated to carry out the provisions of title I of this Act not to exceed $3,330,000 for the fiscal year 1971 and $6,660,000 for the fiscal year 1972. (b) There is hereby authorized to be appropriated to carry out the provisions of title II of this Act not to exceed $5,000,000 for the fiscal year 1971 and $10,000,000 for the fiscal year 1972. (c) There is hereby authorized to he appropriated to carry out the provisions of title III of this Act not to exceed $1,670,000 for the fiscal year 1971 and $3,310,000 for the fiscal year 1972, (d) Any amounts appropriated under this section shall remain available until expended when so provided in appropriation Acts; and any amounts authorized for the (fiscal year 1971 but not appropriated may be appropriated for the fiscal year 1972. Approved January 13, 1971. LEGISLATIVE MSTORYI HOUSE REPORTS* No. 91-1463 (Comm. on. Batiking and Currency) and No, 91-1803 (Comm. Of Oonferenee), SENATE REPORT No. 91-1432 (Comm, on Labor and .Public Welfare), CONGRESSIONAL RECORD, Vol. 116 (1970)* Dot. 5, considered end passed House, Deo, 17, considered end passed Senate, emended, Deo, 29, House disagreed to Senate amendment. Deo, 30, Senate agreed to oonferenoe report, Deo. 31, House agreed to conference report. A-3 DUP050032982 jj Public Law 93-151 93rd Congress, S. 607 November 9, 1973 * 8n Stct To amend the Lead Based Paint Poisoning Prevention Act, and lor other purposes. .67 STAT. 565 Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled( That {a) section Lead Bas ed 101(a) of the Lead Based Paint Poisoning Prevention Act is amended Paint Poisoning by striking out "units of general local government in ally State" and Prevention finserting in lieu thereof "public agencies of units of general local jvernment in any State and to private nonprofit organizations in any tatS : Aot> Amendment. 84 Stat. 2078. 42 USC 4801. Grants for de (b) Section 101(b) of such Act is amended by striking out "7$ per tection and centum" and inserting in lieu thereof "90 per centum", treatment} (c) Section 101 of such Act is amended by adding at the end thereof extension. the followingnew subsection: "(e) The Secretary is also authorized to make grants to State Centralized agencies for the purpose of establishing centralized laboratory facili laboratory ties for analyzing biological and environmental lead specimens facilities. obtained from local lead based paint poisoning detection programs.". a Section 101 of such Act is further amended by adding at the lereof the following new subsection: "(f) No grant may be made under this section unless the Secretary Prohibition. determines that, there is satisfactory assurance that (A) the services to be jprovided will constitute an addition to, or a significant improve ment in quality (as determined in accordance with criteria of the Sec retary) m, services that would otherwise he provided, and (B) Federal funds made available under this section for any period Will he so used as to supplement and, to the extent practical, increase the level of State, local, and other nomFederal funds that would, in the absence of such Federal funds, be made available for the program described in this section, and will in no event supplant such State, local, and other npn-Federnl funds.". Sec . 2. (a) Section 201 of the Lead Based Paint Poisoning Preven Grants for tion Act is amended by striking out "units of general local government hazard in any State" and inserting in lieu thereof "public agencies of units elimination, of general local government in any State and to private nonprofit extension. organizations in any Stated (b) Section 201(a) (2) of such Act is amended to read as follows: 42 use 4811. "(2) the development and carrying out of procedures to remove from exposure to young children alTinterior surfaces of residen tial housing, porches, and exterior surfaces of such housing to which children .may be commonly exposed, in those areas that present a high risk for.the health of residents because of the pres ence of lead based paints. Such programs should include those surfaces on which non-lead-based paints have been used to. cover surfaces to which lead based paints were previously applied; and". (c) Section 201 of such Act is amended by adding at the end thereof the following new subsection: "(c) Any public agency., of a unit of local government or private Books and nonprofit organization which receives assistance under this Act shall records, avail make available to the Secretary and the Comptroller General of the ability. United States, or any of their duly authorized representatives, for purposes of audit and examination, any books, documents, papers, and under this Act." A-4 Klillililiil DUP050032983 87 STAT, 566 84 Stat. 2079. 42 USC 4821. Pub, Law 93-151 - 2 November 9, 1973 Sec . 3. Section 301 of the Lead Based l'aint Poisoning PrcmitiSii Act is amended to read as follows: * "FEDERAL DEMONSTRATION AXD RESEARCH ITKXJRAJI Safe level of lead. Report to Congress. "Sec . 301. (a) The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare, shall develop and carry out a demonstration and research program to determine the nature and extent of the problem of lead based paint poisoning in tlie United States, particularly in urban areas, including the methods by which the lead based paint hazard can most effectively be removed from interior surfaces, porches, and exterior surfaces of residential housing to which children may be exposed. "(b.) The Chairman of the Consumer Product Safety Commission shall conduct appropriate research on multiple layers of dried paint film, containing the various lead compounds commonly used, in order : to ascertain the safe level of lead in residential paint products. Ho later than December 31,1974, the Chairman shall submit to Congress a full and complete report of his findings and recommendations as developed pursuant to such programs, together with a statement of any legislation which should be enacted or any changes in existing law which' should be made in order tp carry o'ut such recommendations." Sec . 4. (a) Title III of the Lead Based Paint Poisoning Prevention Act is amended-- (1) by adding at the end thereof the following: "f e d e r a l h o u s in g a d min is t r a t io n r e q u ir e me n t s Housing oonstrwoted be fore 1950. "Sec . 302. The Secretary of Housing and Urban Development (hereafter in this section referred to as the `Secretary') shall estab lish procedures to eliminate as far as practicable the hazards of lead based paint poisoning with respect to any existing housing which may present such hazards and which is covered by an application for mortage insurance or housing assistance payments under n program administered by the Secretary. Such procedures shall apply to all such housing constructed prior to 195.0. and shall as a minimum'provide.for (1) appropriate measures to eliminate as far as practicable immediate hazards due to tlie presence of paint which may contain lead and to which children may be exposed, and (2) assured notification to pur- of the symptoms and treatment o/'lead based paint poisoning, and of the importance and availability of maintenance and removal tech' Housing oonstnioted dur tuques for eliminating such hazards. Such procedures may apply to housing constructed during or after 1950 if the Secretary determines., ing or after in his discretion, that such housing presents hazards of lead based 1950. paint. The Secretary may establish such other procedures as may be Peels rally appropriate to carry out the purposes of this section. Further, the owned property Secretary shall establish and implement procedures to eliminate the for residential hazards of lead based paint poisoning in all federally owned proper habitation. ties prior to the sale or such properties when their use is intended for residential habitation."; and (2) by inserting after "PROGRAM", in the caption of such title, a semicolon and the following: "FEDERAL HOUSING ADMINISTRATION REQUIREMENTS". Effective (b) The amendments made by subsection (a) of this section become date. effective upon the expiration of ninety days following the date of enactment of this Act. 42 USC 4831. Sea 5. Section 401 of the Lead Based Paint Poisoning Prevention Act is amended to read as follows: A-5 V;: it DUP050032984 November 9# 1973 - 3- Pub. Law93~151 "FROHialTION AGAINST ISE OF LEAD BASK) PAINT IN' CONSTRUCTION OP FACILITIES AND THE MANUFACTURE OF CERTAIN TOPS itND UTENSILS "Sec . 401. The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall take such steps and impose such conditions as may be necessary or appropriate-- "(1) to prohibit the use of lead based paint m. residential struc tures constructed or reiiabilitated by the Federal Government, or with Federal assistance in any form, after the date of enactment of this Act, and "(2) to prohibit the.applieatioh of lead based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil man ufactured and distributed after the date of enactment of this Act." Sec . 6. Section 501(3j of the Lead Based'Paint Poisoning Prevention 8* st&t. 2080. Act is amended to read as follows: 42 sc 484L ;`(3) the term `lead based paint' means-- "Lead based "(A) prior to December 31, 1974, any paint containing paint." more than five-tenths of 1 per centum lead by weight (calcu lated as lead metal) in the total nonvolatile content of liquid paintsor in the dried film of paint already applied; "(B) after December 31,1974, any paint containing more than six one-hundredths of 1 per centum lead by weight (cal culated as lead metal) in the total nonvolatile content of liquid paints of in the dried film of paint already, applied, except that if prior to December 31,1974, the Chairman of the Consumer Product Safety Commission, based on studies conducted in accordance with section 301(b) of this Act, Ante, p. 566, determines that another level of lead, not to exceed five- tenths of 1 per centum, is safe, then such other level shall be effective after December 31,1974.". Sec . 7. (a) Section 503(a) of the Lead Based Paint Poisoning Pre- Appropria- vention Act is amended (1) by striking out the word "and" and insert- titty ing in lieu thereof a comma, and (2) by inserting before the period a 42 use 4843. comma and the following; "and $25,000,000 for each of the fiscal years 1974 and 1975". (b) Section 503(b) of such .Act is amended (1) by striking out the worn "and" and inserting in lieu thereof a comma, and (2) by insert ing before the period a comma and the following: "and $35,000,000 for each of the fiscal years 1974 and 1975". (c) Section 503 (c) of such Act is amended (1) by striking out the word "and" and by inserting in lieu thereof a comma, ana (2) by inserting before the period a comma and the following; "and $3,000,000 for each of the fiscal years 1974 and 1975". (d) Section 503(d) of such Act-is amended by striking out all matter after the semicolon and inserting in lieu thereof "and any amounts authorized for one fiscal year but not appropriated may be appropriated for the succeeding fiscal year.". (e) Title V of the Lead Based Paint Poisoning Prevention Act is amended by adding at the end thereof the following new sections: "e l ig ib il it y o f c e r t a in s t a t e a g e n c ie s "Sec . 504. Notwithstanding any other provision of this Act, grants authorized under sections 101 and 201 01 this Act may be made to an p. 565. agency of State government in any case where State government pro- \ vraes direct services to citizens.in local communities or where units of \ 87 s Tat . 567 general local government within the State are prevented by State law 87 s'rA1'* 568 from implementing or receiving such grants or from expending such grants in accordance with their intended purpose. A-6 DUP050032985 Pub. Law 93-151 .87 STAT. 568 4 November 9 1973 "a d v is o r y b o a r d s Nattonal Child hood Load Based Faint Poisoning Advisory Board, estab lishment. 5 BSC 5332 note. Expenses, reimbursement. Regulations. Membership, "Sec . 505. (a) The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, is authorized to establish a National Childhood Lead Eased Paint Poisoning Advisory Board to advise the Secretary on policy relating to the administration of this Act. .Members of the Board shall include residents of communities and neighborhoods affected by lead based paint poisoning. Each member of the National Advisory Board who is not an officer of the Federal Government is authorized to receive an amount equal to the minimum daily rate prescribed for GS-18, under section 5332 of title 5, United States Code, for each day he is engaged in the actual performance of his duties (including traveltime) as a member of the Board. All members shall be reimbuHsed for travel, sub sistence, and necessary expenses incurred in the performance of their duties, "(b) The Secretary of Health, Education, and Welfare, in consulta tion with the Secretary of Housing and Urban Development, shall promulgate regulations for establishment of an advisory board for each local program assisted under this Act to assist in carrying out this program. Two-thirds of the members of the board shall be residents of communities and neighborhoods affected by lead based paint poison ing. A. majority of the board shall be appointed from among parents, who, when appointed, have at least one child under six years of age. Each member of a local advisory board shall only be reimbursed for necessary expenses incurred in the actual performance of his duties as a member of the board. "e f f e c t u p o n s t a t e l a w 80 Stat. 1186; 84 Stat. 1306. 42 USC 246. 42 USC 4801 note. "Sec . 506, It. is.hereby expressly declared that it is the intent of the Congress to supersede any and allTaws of the States and Units of local government Insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead content in paints or other similar surface-coating materials which differs from the provisions of this Act or regulations issued pursuant to this Act. Any law, regulation, or ordinance purporting to establish such dif ferent requirement, prohibition, or standard shall be mill and void.". Sec . 8. Section 314(e) of the Public Health Service Act is amended by inserting at the end thereof the following new paragraph: "No funds appropriated pursuant to the authorization of this sub section shall be available for lead based paint poisoning control of the type authorized under (he Lead Based Paint Poisoning Preven tion Act (84 Stat. 2078)." Approved November 9, 1973. .LEGISLATIVE HISTORY* HOUSE REPORTS No. 93-373 accompanying H.R; 8920 (Conn, on Bonking and Currency) and No, 93-522 (Comm, of Conference), SENATE .REPORT No, 93-130 (Co o t s, on Labor and Public 'Welfare), CONGRESSIONAL RECORD, Vol. 119 (1973): May 9, considered and passed Senate, Sept, 5, considered and passed House, amended, in lieu of H.R. 8920. Oct, 16, Senate agreed to conference report. Oot. 24, House agreed to conference report. OPO 90-139 A-7 i } I ( DUP050032986 Public Law 94-317 94th Congress, S. 1466 . June 23, 1976 Sin get To amend the'Public Health Service Act to provide authority for health informa ' tion and health promotion programs, .to Tevise and extend the authority for disease preyentlon.and control programs, and to revise .and extend the authority for venereal disease programs, and to amend the Lead-Based Paint Poisoning Prevention Act -to revise and extend that Act Be it enacted by the Senate and House of Representatives of the UnitedStates of America in, Congress assembled, TITLE I--HEALTH INFORMATION AND HEALTH PROMOTION SHORT TITLE Sec , 101. This title may be cited as the "National Consumer Health Infor mation and Health Promotion Act of1978". AMENDMENT TO PUBLIC HEALTH SERVICE ACT Sec , 102. The Public Health Service Act is amended by adding at the end thereof thefollowing new title: Public Health Service Act, amendments; Lead-Based Paint Poisoning Act, extension. National Con sumer Health Information and Health Pro motion Act of 1976. 42 USC 201 note. "TITLE XVII-HEALTH INFORMATION AND HEALTH PROMOTION f "GENERAL AUTHORITY "Sec . 1701. (a) The Secretary shall-- "(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; "(2) analyze the.necessary and available resources for imple menting the goals and strategy formulated pursuant to para graph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; "(3) undertake and support necessary activities and programs to-- "(A) incorporate appropriate health education compo nents into our society, especially into all aspects of education and health care, "(B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living, and "(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; "(4) undertake and support research and demonstrations respecting health information end health promotion, preventive health services, and education in the appropriate use of health care; 42 use 300u. 90 STAT,, 695 73-50 (137) O A-8 A. P I DUP050032987 Pub. Law 94-317 - 2- June 23, 1976 * "(5) undertake and support- appropriate training in, and undertake and support appropriate training in the operation of programs concerned with, health information and health pro motion, preventive health services, and education in the appro priate use of health care; "(6) undertake and support, through improved planning and implementation of tested models and evaluation of results, effec tive and efficient programs respecting health information and health promotion, preventive health services, and education in the appropriate use of liealth care: "(7) foster the exchange of information respecting, and foster cooperation in the conduct of, research, demonstration, and train ing program^ respecting health information and health promo tion, preventive health services, and education in the appropriate use of healthcare; "(8) provide technical assistance in the programs referred to in paragraph (7); and " (9) use such other authorities for programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care as are availableand coordinate such use with programs conducted under this title. Administration. The Secretary shall administer this title in a manner consistent with 42 USC 300k-2, the national health priorities set fozth In section 1502 and with health planning and resource development activities undertaken under titles 42 USC 3DOB-1, XV and XVI. 300o. "(b) For payments under grants and contracts under this title there Appropriation are authorized to be appropriated $7,000,000 for the fiscal year ending authorization. September 30, 1977, $10,000,000 for the fiscal year ending Septem ber 30,1978, and $14,000,000 for the fiscal year ending September 30, Grant: or contrad:., 1979. - . .v "(c) No grant may be made or contract entered into under this titIB unless an application therefor has been submitted, to and approved by the Secretary, Such an application shall be submitted in such form and manner and contain such information as the Secretary may pre scribe. Contracts may be entered into under this title without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529 ; 41 U.S.C.5). "b e s e a b c h p r o g r a ms 42 use 300u-l. "Sec . 1702. (a) The Secretary is authorized to conduct and support by grant or contract (and encourage others to Support) research in health information ana health promotion, preventive health services, and education in the appropriate use of health care. Applications for grants and contracts under this section shall be subject to appropriate peer review. The Secretary shall also-- "(1) provide consultation and technical assistance to persons who rieed help in preparing research proposals or in actually con ducting research; " (2) determine the best methods of disseminating information concerning personal health behavior, preventive health services and the appropriate use of health care and of affecting behavior so that such information is applied to maintain and improve health, and prevent disease, reduce its risk, or modify its course Or severity; "(3) determine and study environmental, occupational, social, and behavioral factors which affect and determine health and ascertain those programs and areas for which educational and preventive measures could be implemented to improve health as it is affected by such factors; 90STAT, 696 aiT-JTS a - 7b a A-9 HHfeMi DUP050032988 June 23, 1976 - 3- Pub. Law 94-317 "(4) develop (A) methods by which the cost and effectiveness of activities respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, can be measured, including methods for evaluating the effectiveness of various settings for such activities and the various types of persons engaged in such activities, (B) methods for reimbursement or payment for such activities, and (C) models and standards for the conduct of such activities, including models and standards for the education, by providers of institu tional health services, of individuals receiving such services respecting the nature of the institutional health services provided the individuals and the symptoms, signs, or diagnoses which led to provision of such services; . "(5) develop a method for assessing the cost and effectiveness of specific medical services and procedures under various condi tions of use, including the assessment of the sensitivity and specificity of screening and diagnostic procedures; and "(6) enumerate and assess, using methods developed under paragraph (5), preventive health measures and services with respect to their cost and effectiveness under various conditions of use. "(b) The Secretary shall make a periodic survey of the needs, interest, attitudes, knowledge, and behavior of the American public regarding health, and health care. The Secretary shall take into cnsiaeration the findings of such surveys and the findings of similar surveys conducted by national and community health education organizations, and other organizations and agencies for formulating policy respecting health information and health promotion, preven tive health services, and education in the appropriate use of health 're. "c o mmu n it y p r o g k a ms "She. 1703. (a) The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) new and inno vative programs in health information and health'promotion, pre ventive health services, and education in the appropriate use of health care, and may specifically-- "(1) support demonstration and training programs in such matters which programs (A) are in hospitals, ambulatory care settings, home care settings, schools, day care programs for chil dren, and other appropriate settings representative of broad cross sections of tne population, and include public education activities of voluntary health agencies, professional, medical societies, and other private nonprofit health organizations, (B) focus on objectives that are measurable, and (C) emphasize the prevention or moderation of illness or accidents that appear controllable through individual knowledge and behavior ; "(2) provide consultation and technical assistance to organiza tions that request help in planning, operating, or evaluating programs in such matters; "(3) develop health information and health promotion mate rials and teaching programs including (A) model curriculums for the training of educational and health professionals and paraprofessionals in health education by medical, dental, and nursing schools, schools of public health, and other institutions engaged in training of educational or health professionals, (B) model curriculums to be used in elementary and secondary schools and institutions of higher learning, (C) materials and programs Survey, 42 USC 3O0u-2. 90 STAt. 697 A-10 terns DUP050032989 Pub. Law 94-317 4 June 23, 1976 for the continuing education of health professionals and parapro^ fessionals in the health education of their patients, (D) materials, for public service use by tire printed and broadcast media, and (B) materials and programs to assist providers of health care in providing health education to their patients; and "(4) Support demonstration and evaluation programs for Individual and group self-help programs designed to assist the participant in using his indi vidual capacities to deal with health problems, including programs concerned with obesity, hyperten sion, and diabetes, 4 "(b) The Secretary is authorized to make' grants to States and other public and nonprofit private entities to assist them. in meeting the costs of demonstrating and evaluating programs which provide information respecting the costs and quality of health care or infor mation respecting health insurance policies and prepaid health plans, or information respecting both. After the development of models pur suant to sections 1704(4) and 1704(5) for such information, no grant may be made under this subsection for a program unless the informa tion to be provided under the program is provided in accordance with one of such models applicable to the information. "(c) The Secretary is authorized to support by grant or contract (and to encourage others to support) private nonprofit entities work ing in health information ana health promotion, preventive health services, and education in the appropriate use of health care. The amount of any giant or contract for a fiscal year beginning after Sep tember SO, 1978, for an entity may not exceed 25 per centum of the expenses of the entity for such fiscal year for health information and health promotion, preventive health services, and education in the appropriate use of health care, "in f o r ma t io n p r o g r a ms "Sec . 1704. The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) such.activities as may he required to make information respecting health information and health promotion, preventive health services, and education in the appropriate use of health care available to the consumers of medical care, providei-s of such care, schools, and others who are or should be informed respecting such matters. Such activities may include at least the following: "(1) The publication of information, pamphlets, and other reports which are specially suited to interest and instruct the health consumer, which information, pamphlets, and other reports shall be. updated annually, shall pertain to the individual's abil ity to improve and safeguard his own health; shall include material, accompanied by suitable illustrations, on child care, family life and human development, disease prevention (particu larly prevention of pulmonary disease, cardiovascular disease, and cancer), physical fitness, dental health, environmental health, nutrition, safety and accident prevention, drag abuse and alco holism, mental health,management of chronic diseases (including diabetes and arthritis), and 'venereal diseases; and shall be designed to reach populations of different languages and of dif ferent social and economic backgrounds. "(2) Securing the cooperation of the communications media, providers of health care, schools, and others in activities designed to promote and encourage the use of health maintaining infor mation and behavior. 90STAT. 698 A-n iippg i DUP050032990 June 23, 1976 - 5- Pub. Law 94-317 "(3) The study of health information and promotion in adver tising and the making to concerned Federal agencies and others such recommendations respecting such advertising as are appropriate. " (4) The development of models and standards for the publica tion by States, insurance curriers, prepaid health plans, and others (except individual health practitioners) of information for use by the publ ic respecting the cost and quality of health care, includ ing infoimation to enable the public to make comparisons of the cost and quality of health care. "(5) The development of models and standards for the publi cation by States, insurance carriers, prepaid health plans, and others of information for use by the public respecting health insurance policies and prepaid health plans, including informa tion on the benefits provided by the various types of such policies and plans, the premium charges for such policies and plans, exclusions from coverage or eligibility for coverage, cost sharing requirements, and the ratio of the amounts paid as benefits to the amounts received as premiums and information to enable the public to make'relevant comparisons of the costs and benefits of such, policies and plans. " (6) Assess, with respect to the effectiveness, safety, cost, and required training for and conditions of use, of new aspects of health care, and new activities, programs, and services designed to improve human health and publish in readily understandable language for public and professional use such assessments and, in the case of controversial aspects of health care, activities, pro grams, or services, publish differing views or opinions respecting Uie effectiveness, safety, cost, and required training for and con ditions of use, ox such aspects of health care, activities, programs, or services. f "r e p o r t a n d s t o d v "Sec . 1705. (a) The Secretary shall, not later than two years after the date of the. enactment of this title and annually thereafter, sub mit to the President for transmittal to Congress a report on the status of health information and 'health promotion, preventive health services, and education in the appropriate use of health care. Each such report shall include-^* "(1) a statement of the activities carried out under this title since the last report and the extent to which each such activity achieves the purposes of this title ; " (2) an assessment of the manpower resources needed to carry out programs relating to health information and health promo tion, preventive health sendees, and education in the appropriate use or health care, and a statement describing the activities cur rently being carried out under this title designed to prepare teachers and other manpower for such programs; "(3) the goals and strategy formulated pursuant to section 1701(a) (1), the models and standards developed under this title, and the results of the study required by subsection (b) of this section; and "(4) such recommendations as the Secretary considers appro priate for legislation respecting health information and health promotion, preventive health services, and education in the appro priate use of health care, including recommendations for revisions to and extension of this title. 42 USC 300u-4. 90 STAT. 699 A-12 DUP050032991 Pub. Law 94-317 6- - June 23, 1976 Stud/. "(b) The Secretary shall conduct a study of health education services and preventive health services to determine the coverage of such services under public and private health insurance programs, including the extent and nature of such coverage and the cost snaring requirements required by such programs for coverage of such services. "o f f ic e o f h e a l t h in f o r ma t io n a n d h e a l t h p r o mo t io n Establishment. 42 USC 300u-5. "Seo . 1706. The Secretary shall establish within the Office of the Assistant Secretary for Health an Office of Health Information and Health Promotion which shall-- "(1) coordinate all activities within the Department which relate to health information and health promotion, preventive health services, and education in the appropriate use of health care; "(8) coordinate its activities with similar activities of organiza tionsm the private sector > and "(3) establish a national information clearinghouse to facilitate information and health promotion, preventive health services, and education in the appropriate use of health care, to facilitate access to such information, and to assist in. the analysis of issues and problems relating to such matters.". Disease Con trol Amendments of 1976. TITLE II--DISEASE CONTROL s h o r t t it l e 42 use 201 note. Seo , 201. This title may be cited as the "Disease Control Amend ments of 1976". Ame n d me n t s t o s e c t io n s sn a n d sii 42 USC 247b note Sf .c . 202. (a) Effective with respect to grants under section 317 of the Public Health Service Act made from appropriations under such section for fiscal years beginning after June 30, 1975, section 317 of such Act is amended to read as follows: Grants. 42 USC 247b. Application requirements. "d is e a s e c o n t r o l p r o g r a ms "Sec . 317. (a) The Secretary may make grants to State and, in con sultation with State health authorities, to public entities to assist them in meeting the costs of disease control programs. "(b) (1) No grant may be made under subsection (a) unless an application, therefor has been submitted to, and approved by, the Secretary. Such application shall be in such, form, be submitted in such manner, and contain such information as the Secretary shall by regulation prescribe and shall meet the' requirements of para graph (2). "(2) Ah application for a grant under subsection (a) shall-- "(A) set forth with particularity the objectives (and their priorities, as determined in accordance with such regulations as the Secretary may prescribe) of the applicant for each of the disease control programs it proposes to conduct with assistance from a grant under subsection (a); "(B) contain assurances satisfactory to the Secretary, that, in the year during which the grant applied for would be available, the applicant will conduct such programs as may be necessary (i) to develop an awareness in those persons in the area served by SO STAT. 700 A-13 DUP050032992 June 23, 1976 - 7- Pub. Law 94^-317 * the applicant who are most susceptible to the diseases or conditions referred to in subsection (f) of appropriate preventive behavior and measures (including immunizations} and diagnostic pro cedures for such diseases, and (ii) to facilitate their access tp such measures and procedures; and "(C) provide for the reporting to the Secretary of such informatron as he may require concerning (i) the problems, in the area served by the applicant, which relate to any disease or condition referred to insubsection (f),and (ii)the disease control programs of the applicant for which a grant is applied for. In considering such an application the Secretary shall take into account the relative extent, in the area served by the applicant^ of the problems which relate to one or more of the diseases or conditions referred to in subsection (f) and the extent to which the applicant's programs are designed to eliminate or reduce Such problems. The Secretary shall give special consideration to applications for programs which (A) will increase to at least 80 per centum the immunization rates of any population identified as not haying received, or as having failed, to secure, the generally recognized disease immunizations, ana (B) to the fullest extent practicable, will cooperate and use public and nonprofit private entities and volunteers. The Secretary shall give priority to applications submitted for disease control programs for communicable diseases. "(c) (.1) Each grant under subsection (a} shall be made for disease control program costs in the one-year period beginning on the first day of the first rfionth beginning after the month in which the grant ismade. "(S!) ^Payments under grants under subsection (a) may he made in advance on the basis of estimates or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments, .,nd in such installments and on such terms and conditions as the Secretary finds necessary tp carry out the purposes of this section. "(3) The Secretary, at the request of a recipient of a grant under subsection (a), may reduce the amount of such grant by-- "(A) the fair market value of any supplies (including vaccines e,nd other prevention agents) or equipment furnished the grant recipient, and "(B) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the recipient and the amount of any other costs incurred in connection with the detail of such officer or employee, when, the furnishing of such supplies or equipment or the detail of such an officer or employee is for the convenience of and at the request of such recipient and for the purpose of carrying out a program with respect to which the recipient's grant under subsection (a) is made. The amount by which any Such grant is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment, or in detailing the personnel, on which the reduction of such grant is based, and such amount shall be deemed as part of the grant and shall be deemed to have been paid to the recipient. "(d) (1) The Secretary may conduct, and may make grants to and enter into contracts with public and nonprofit private entities for the conduct of-- " (A) training for the administration and operation of disease prevention and control programs, and "(B) demonstrations and evaluations of such programs. Report to Secretary, Grants and contracts, 90 STAT. 701 A-14 mmmmm DUP050032993 Pub. law 94-317 -8- June 23, 1976 Application, "Disease con trol program, " 42 '(JSC 246, Appropriation authorization. Appropriation authorization. Appropriation authorization. 4? USC 247c. Report to Congress. "(2) Ko grant may be made or contract entered into under para graph (1) unless an application therefor is submitted to and approved by the Secretary. Such application shall be in such form, be submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. "(e) The Secretary shall coordinate activities under this section respecting disease control programs with activities under other sec tions of this Act respecting such programs. "(f) For purposes of this section, the term `disease control pro gram'means a program which is designed end conducted so as to con tribute to national protection against diseases or conditions of national significance which are amenable to reduction, .including tuberculosis, rubella, measles, poliomyelitis, diphtheria, tetanus, pertussis, mumps, and other communicable diseases (other than venereal diseases), and arthritis, diabetes, diseases borne by rodents, hypertension, pulmonary diseases, cardiovascular diseases, and Rh disease. Such term also includes vaccination programs, laboratory services, studies to deter mine the disease control needs of the States and the means of best meet ing such needs, the provision of information and education services respecting disease control, and programs to encourage behavior which will prevent disease and encourage the use of preventive measures and diagnostic procedures. Such..term also includes any program or proj ect for rodent control fbr which a grant was made under section 314(e) for the fiscal year ending June 30, 1975. "(g) (1)(A) For the purpose of grants under subsection (a) for disease control programs to immunize children against immunizablc diseases (including measles, rubella, poliomyelitis, diphtheria, per tussis, tetanus, and mumps), there are authorized to he appropriated $9,000,000 for fiscal year 1976, $17,500,000 for fiscal year 1977, and $23,000,000 for fiscal year 1978. "(B) For the purpose of grants under subsection (a) for diseas* control programs for diseasesborne by rodents there are authorized to be appropriated $13,500,000 for fiscal year 1976, $14,000,000 for fiscal year 1977, and $14,500,000 for fiscal year 1978. "(C) For the purpose of grants under subsection (a) for disease control programs, other than programs for which appropriations are authorized under subparagraph (A) or (B), and for the purpose of grants and contracts under subsection (d.), there are authorized to be appropriated $4,000,000 for fiscal year 1976, $4,500,000 for fiscal year 1977. and $5,000,000 for fiscal year 1978. "(I)). Not to exceed 15 per centum of the amount appropriated for any fiscal year under any of the preceding subparagraphs of this para graph may lie used by the Secretary for grants and contracts for such fiscal year for programs for which appropriations are authorized under any one or more of the other subparagraphs of this paragraph if file Secretary determines that such use will better carry put the purpose of this section, and reports to the appropriate committees of Congress at least thirty days before making such use of such amount his deter mination and the reasons therefor. " (2) Except as provided in sect ion 318,up funds appropriated under any provision of this Act other than paragraph (l) of this subsection may be used to make grants in any fiscal year for djsease control pro grams if (A) grants for such programs are authorized by subsection (a), and (B) all the. funds authorized to be appropriated under this subsection for that fiscal year have not been appropriated for that fiscal year and obligated in that fiscal year. "(h) The Secretary shall submit to the President for submission to the Congress on January 1 of each year (1) a report (A) on the 90 STAT. 702 A-15 DUP050032994 June 23, 1976 -9- Pub. Law 94-317 effectiveness of all Federal and other public and private activities in controlling the diseases and conditions referred to in subsection (f),, (B) on'the extent of the problems presented by such diseases, (C) on the effectiveness of the activities, assisted under grants and contracts under- this section, m controlling such diseases, and _(D) setting forth a plan for the coining year for Ore control of such diseases; and (2`) a report (A) on the immune- status of the population of the United States, and (13) identifying, by area, population group, and other categories, deficiencies in the immune status of such population. "(i) (1) Nothing in this section shall limit or otherwise restrict the use of funds which are granted to a State or to an agency or a political subdivision of a State under provisions of Federal law (other than this Act) and which are available for the conduct of disease control programs from being used in Connection with programs assisted through grants under subsection (a). "(2) Nothing irt this section shall be construed to require any State or any agency or political subdivision of a State to nave a disease control program which would require any person, who objects to any treatment provided under such a program, to be treated or to have any child or ward treated under such a program.". (b) Section 311(c) of the Public Health Service Act is amended to read as follows: "(c) (1) The Secretary is authorized to develop (and may take such action as may be necessary to implement) a plan under which per sonnel, equipment, medical supplies, and other resources of the Service and other agencies under the jurisdiction of the Secretary may be effectively used to control epidomics of any disease or condition referred to in section 317(f) and to meet other health emergencies or problems involving or resulting from disasters or any such disease, yhe Secretary may enter into agreements providing for the coopera tive planning between the Service and public and private community health programs and agencies to cope with health problems (including epidemics and health emergencies) resulting from disasters or any disease or condition referred to in section 317 (f). "(2) The Secretary may, at the request of the appropriate State or local authority, extend temporary (not in excess of forty-five days) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for assistance provided under this paragraph as he may determine to be reasonable under the circum stances, Any reimbursement so paid Shall be credited to the applicable appropriation for the Service for the year in which such reimburse ment is received.". (o) Section 311(b) of such Act is amended by inserting at the end thereof the following new sentence: "The Secretary may charge only private entities reasonable fees for the training of their personnel under the preceding sentence.". * 42 USC 243. 42 USC 247b. Federal assistance. AMENDMENTS RESPECTING VENEREAL DISEASES Sec . 203. (a) The Congress finds and declares that-- _ (1) the number of reported cases of venereal disease continues in epidemic proportions in the United States ; (2) the number of patients with venereal disease reported to public health authorities is only a fraction of those actually infected; (3) the incidence of venereal disease is particularly high in the 15-29-year age group, and in metropolitan areas ; ^2 u note' 90 STAT. 703 A-16 DUP050032995 42 USC 247c. Appropriation authorization. Repeal, Pub. Law 94-317 -10 - June 23, 1976* (4) venereal disease accounts for needless deaths and leads to sum severe disabilities as sterility, insanity, blindness, and crippling conditions; (S') the number of cases of congenital syphilis, a preventable disease, tends to parallel the incidence of syphilis in adults; (6) it is conservatively estimated that the public cost or care for persons suffering the complications of venereal disease exceed $80,000,000 annually ; (7) medical researchers have no successful vaccine for syphilis or gonorrhea, and have no blood test for the detection of gonor rhea among the large reservoir of asymptomatic females; (8) school health education programs, public information and awareness campaigns, mass diagnostic screening and case fol lowup activities have all been found to be effective disease intervention methodologies; (9) knowledgeable health providers and. concerned individ uals and groups are fundamental to venereal disease prevention and control; (10) biomedical research leading to the development of vac cines for syphilis and gonorrhea is of singular importance for the eventual eradication of these dreaded diseases; and (11) a variety of other sexually transmitted diseases, in addi tion to syphilis and gonorrhea, have become of public health significance. (b)(1) Section 818(b)(2) of the Public Health Service Act is amended to read as follows: "(2) Par the purpose of carrying out this subsection, there are authorized to be appropriated $5,000,000 for fiscal year 1976, $6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978.". (2) Subsection (d) (2) of such section is amended to read as follows: "(2) For the purpose of carrying out this section there is authorized to be appropriated $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000 for fiscal year 1978.". (c) Subsection (a) of such section is amended by striking out "public authorities and" and inserting in lieu thereof "public and non profit-private entities and to". ?d) Subsection (d) (1) (B) of such section is amended by inserting before the semicolon at the end the following: "and routine testing, including laboratory tests and followup systems". (e) Subsection (d)(1)(E) of such section is amended by striking out "control" and inserting in lieu thereof "prevention and control strategies and activities". (f) \ 1) Subsection (c) is repealed. (2) Subsection (e) (1) of such section is amended by striking out "or (d) " and inserting in lieu thereof "or (c) ". (3) Subsection (e)(2) (C) of such section is amended by striking out "(including dark-field microscope techniques for the diagnosis of both gonorrhea and syphilis) ", (4) The last sentence of subsection (e) (4) of such section vs amended ,bv striking out the semicolon and all that follows through "paid to-such recipient". (5) The first sentence of subsection (e) (5) of such section is amended by inserting before the period the following: "or as may be required by a law of a State or political subdivision ofa State". (6) Subsection (g) of such section is amended by striking out (c), and (d) " and inserting in lieu thereof "and (c) ". (7) Subsection (h) of such section is amended by striking out "treated or to have any child or ward of his". 90 STAT. 704 A-17 DUP050032996 June 23, 1976 - 11 - Pub. Law 94-317 (8) Subsections (d), (e), (f), (g). and (h) of such section arc redesignated as subsections (c), (d), (e), (f),and (g), respectively. (g) Subsection (e) of such section (as so redesignated) is amended by striking out "317 (d) (4)" and inserting in lieu thereof "317 (g) (2) ". (h) Such section is amended by adding at the end thereof the follow ing new subsection : "(h) For purposes of this section and section 317, the term `venereal disease' means gonorrhea, syphilis, or any other disease which can be sexually transmitted and which the Secretary determines is or may be amenable to control with assistance provided under this section and is of national significance;", S Section 318(b) (1) is amended by inserting "education," before training". ore x t e n s io n a n d r e v is io n l e a d -b a s e d f a in t f o is o n in o p r e v e n t io n ACT Sec . 204. (a)(1) Section 101(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801(c) ) is amended by inserting after and below paragraph (4) the.following: "Follow-up programs described in paragraph (3) shall include programs to eliminate lead-based paint hazards from surfaces in and around residential dwelling units or houses, including programs to provide for such purpose financial assistance to the owners of such units or houses who are financially unable to eliminate such hazards from their units or houses. In administering programs for the elimi nation of such hazards, priority shall be given to the. elimination of such hazards in residential dwelling units or houses in which reside children with diagnosed lead-based paint poisoning.','.' (2) (A) Section 101(c) of such Act is amended by striking out should include" and inserting in lieu thereof "shall include". (B) Section 101(f) of such Act is amended by (i) striking out "and (B)" and inserting in lieu thereof "(B)", and (ii) by inserting before the period at the end the following and (C) the services to he provided will be provided under local programs which meet the requirements of subsections (c) and (d) of this section". (b) Section 401 of such Act (42 t7;S.(C. 4831) is amended to read as follows: * 42 USC 247b. "Venereal disease." 42 USC 247c. Follow-up programs, "PROHIBITION AOAIN8T USE OF LEAD-BASED PAtXT IN CONSTRUCTION OF FACILITIES AND THE MANUFACTURE OF CERTAIN TOTS AND UTENSILS "Sec . 401. (a) The Secretary of Health, Education, and Welfare shall take such steps and impose such conditions as may be neces sary or appropriate to prohibit the application of lead-based paint to any cooiung.uteiisil, drinking utensil, or eating utensil manufac tured and distributed after the date of enactment of this Act. "(b) The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appro priate to prohibit the use of lead-based paint in residential struc tures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after the date of enactment of this Act "(c) The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article.". 90 STAT. 70S A-18 DUP050032997 Pub. Law 94-317 - 12 - June 23, 1976 r ^ 'X'jad-based ! - paint. " Hearing. Appropriation authorization. (c) (1) Section 501(3) of such jVct (42 U.S.C. 4841 (3)) is amended to rood as follows : "(8) (A) Except as provided in subparagraph (B), the terpi `lead-basod paint- means any paint containing more than fivetenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both. "(B) (i) The Consumer Product Safety Commission shall, during the six-month period beginning on the date of the enact* ment of the National Health Promotion and Disease Prevention Act of 1976, determine, on the basis of available data and infor mation and after providing opportunity for an oral hearing and considering recommendations of the Secretary of Health, Educa tion, and Welfare (including those of the Center for Disease Control) and of the National Academy of Sciences, whether or not a level of lead in paint which is greater than six one-hun dredths of 1 per centum but not in excess of five-tenths of 1 per centum is safe. If the Commission determines, in accordance with the preceding sentence, that another level of lead is safe, the term `lead-based paint* means, with respect to paint which is manufactured after the expiration of the six-month period beginning on the date of the Commission's determination, paint containing by weight (calculated as lead metal) in the total nonvolatile content of the paint more than the level of lead deter mined by the Commission to be safe or the equivalent measure of lead in the dried film of paint already applied, or both. "(ii) Unless the definition of the term `lead-based paint' has been established, by a determination of the Consumer Product Safety Commission pursuant to clause (i) of this subparagraph the term `lead-based paint' means, with respect to paint which is manufactured after the expiration of the twelve-month period beginning on s'fich date of enactment, paint containing more than six one-hundredths of I per centum lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the.equivalent measure of lead in the dried film of paint already applied, or both.". (2) Section 501 of such Act is amended (1) by striking out "the term" in paragraphs (.1) and (2) and inserting in lien thereof "The term.'', (2) by striking out the semicolon at the end of paragraph (l) and inserting in lieu thereof a period, and.(8). by striking out.; and" at the end of paragraph (2) and inserting in lieu thereof a period. (d) Section.502 of such Act (42 XJ.S.C. 4842) isamended by striking out "In carrying Out the authority under this Act, the Secretary of Health, Education, and Welfare shall" and inserting in lieu thereof "In carrying out their respective authorities under this Act, the Secretaiy ofHousing and Urban Development and the Secretary of Health, Education, and Welfare shall each". (e) (1) Section 503 of such Act (42 U.S.C. 4843) is amended by striking out subsections (a), (b),and (o) and inserting in lieu thereof the following: "(a) There are authorized to be appropriated to carry out this Act $10,000,000 for the fiscal year 1976, $12,000,000 for the fiscal year 1977, and$14,000,000 for the fiscal year 1978.". (2) Subsection (d) of such section is redesignated as subsection (b). 90 STAT. 706 A-19 DUP050032998 June 23, 1976 - 13 - Pub. Law 94-317 TITLE III--MISCELLANEOUS AMENDMENT Sso. 301. (a) Section 2(f) of the Public Health Service Act is amended to read as follows : "(f) Except as provided in sections 314(g) (4) (B), 355(5), 361(d), 1002(c), 1201 (2)j 1401(13), 1531(1), and'1633(1), the tem `State5 includes, m addition to the several States, only the District,of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands.". (k) (1) Section_361(d) is amended by adding at the end thereof the following: "For purposes of this subsection, the term- `State' includes, in addition to the several States, only the District of Columbia.". (2) Section 1401 is amended by adding after paragraph (12) the following new paragraph: "(18) The term `State' includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the TrustTerritory of the Pacific Islands.". Approved June 23, 1976. 42 use 201 42 use 264. 42 use 300f. LEGISLATIVE HISTORY; HOUSE REPORT No. 94-1007 accompanyingH.R. 12678 (Comm, on Interstate and Foreign Commerce). SENATE REPORT No. 94-330 (Comm, on Labor and Public Welfare). CONGRESSIONAL RECORD: vol. 121 (197S): July 30, considered and passed Senate. Vol. 122 (1976): Apr. 7, Considered and passed House, amended, in lieu of H. R. 12678, May 26, Senate concurred in amendment, wife amendment. June 7, House concurred in Senate amendment. 90STAT. 707 o A-20 i DUP050032999 DUP050033000 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of the Secretary LEAD-BASED PAINT POISONING PREVENTION IN HUD-ASSOCIATED HOUSING AND FEDERALLY OWNED PROPERTY TO BE SOLD FOR RESIDENTIAL HABITATION Reprinted by the U. S. Department of Housing and Urban Development i I; DUP050033001 28876 RULES AND REGULATIONS Till* 24--Homing and Urban Development SUBTITLE A--OFFICE OF THE SECRE TARY. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Docket No. R-76-339I PART 35--LEAD-BASED PAINT POISON ING PREVENTION IN HUD-ASSOCIATED HOUSING AND FEDERALLY OWNED PROPERTY TO BE SOLO FOR RESIDEN TIAL HABITATION Revision of part The Department of Housing and Urban Development (HUD) published notice on June 25, .1975, at 40 Fit 26974. proposing revisions to Part 35 of this chapter re garding lead-based paint poisoning pre vention In order to Implement the pro visions of section 302 of the Lead-Based Paint Poisoning Prevention Act, Pub, L. 91-695, as amended by Pub. L. 93-151'. <42 U.S.C. 4801, etaeq.) (hereinafter re ferred to as "the Act"). Since the enactment of Pub. L. 93-151, November 9, 1973, which amended the Lead-Based Paint Poisoning Prevention Act. <42 U.3.C. 4801 > . HUD has been en gaged In a continuing effort to clarify the complex issues related to lead-based paint poisoning and to determine the most cost-effective and practical meth ods to best effectuate the Congressional Intent expressed in section 302 of the Act. To this end, the Department has devel oped a comprehnslve program for ad dressing the threat that lead poisoning poses to the life and safety of children. In addition to earlier regulations pro hibiting the use of lead-based paint in HUD-associated properties pursuant to the 1.971 Act, HUD also Issued regulations In 24 CFR Part 35 implementing the pro visions of 42 CFR Pari 90 prohibiting the use of lead-based paint in Federally owned and assisted residential struc tures. To assist In Its evaluation of these regulations in light of the amendments to the 1971 Act. HUD held four days of public bearings. May 30-23. 1974. for the purpose of obtaining information relat ing to the causes, treatment and elimina tion of lead poisoning. Written comments and testimony at the hearings covered the full spectrum of technical opinions and advice of health experts, tenants, environmental special ists. engineers, real estate brokers, land lords, homeowners. State and local offi cials, representatives from chemical laboratories, and representatives of paint manufacturers. A variety of points of view were expressed in the testimony with respect tp the nature, source and solution to ihe problem. While there ap peared to be agreement that lead-based paint probably is the most serious source of poisoning, there was also considerable testimony regarding the relative im portanceof other sources of lead poison ing such as dust, dirt, gasoline and other pollutants, as well as socio-economic fac tors which are important contributing agents to lead poisoning found in chil dren. There were also differences of opinion as to what amount of lead in the blood constitutes a hazard. Hie hearings were recorded and a transcript of the record and copies of the written comments ore available to the public during regular office hours In Room 8139, Department of Housing and Urban Development. 451 Seventh Street. 8W,, Washington. D.C. In discussing solutions to the prob lem, a number of experts at the HUD heatings recommended tliat the focus of deleading activities should be joh hous ing where children with elevated blood levels reside. This "health approach" would Involve an iniual screening of children to determine their blood lead level, the identification and treatment of children found to have an elevated blood lead level and the deleading of the homes in which such children reside. In contrast, a "housing approach" would Involve an inspection of all housing tor lead-based paint and removal of such paint where found, regardless of the age and blood lead level of the Inhabitants. While .completely removing all lead- based paint from* ail housing could sub stantially eliminate one source of lead poisoning, the potential costs involved would be prohibitive, In addition, such costs could adversely affect the value of the housing involved and could also sub stantially reduce the supply of otherw ise standard housing available to low and moderate Income families. In addition to the hearings, HUD also conducted an informal survey of local codes, ordinances and administrative procedures regarding lead based paint hazard abatement. The Department found that a "health approach" was used almost universally. While localities vary In their specified abatement require ments, such requirements were found to be enforced primarily when a child with an elevated blood lead level (as locally defined) is found. In support of a "health approach", there are numerous local programs, aided by funds from the Department of Health, Education and Welfare's Childhood Lead Poisoning Control Program, that test children for elevated blood lead levels and treat those who have potentially hasardous levels of lead in their blood, fn ad dition to the specific project grant funds. Medicaid may also be available to pay for the screening and the treatment of children of low-income families who are eligible ror Medicaid assistance. During the period of HUD's evalua tion of the problem, the Department instituted Interim procedures lor alert ing ali residents in older HUD-associated properties to the potential hazards of lead-based paint by requiring tliat all purchasers and tenants of HUD-asso ciated properties constructed prior to 1959 be notified that such potential haz ards may be present, and informing them of the symptoms of lead poisoning and the precautions to be taken to avoid poisoning. Until the last few years, there had been very limited Information available on the medical, environmental and tech nological nature ol lead poisoning--Its cause, treatment and prevention. Be came of the complex nature of the prob lem, HUD has instituted a comprehen sive research program. Cost-effective, so lutions to lead poisoning and hazard prevention are highly sensitive Uh tech nological developments. Consequently, research is a critical element in address ing the problem. HDD's research effort has been directed toward understanding the nature and extent of lead-based paint In lead poisoning and toward the development of improved methods for the detection and elimination .of leadbased paint hazards. HUD has and will continue to seek the ideas and sugges tions of interested and expert parties In meeting these goats, In 1974. HUD substantially expanded the research and demonstration program initiated in 1972. Early research projects conducted through the National Bureau of Standards assessed the magnitude of the problem and the technology available for detecting and mitigating lead haz ards. These initial research projects re sulted in 24 research reports and pro vided essential basic information on which the current, much expanded, re search and development program Ls based. These reports are available to the public through the National Technical Information Service. An extensive program of immediate and long-range objectives has been es tablished for the research program. These include, in cooperation with other Federal agencies, a program to identify all sources of lead poisoning and to quan tify the contribution of each source, in cluding lead-based paint. It has been de termined through research and from evi dence given by experts at the public hearings that lead-based paint is only one source of lead In the environment, although present indications point to it as a serious source. It remains unclear, however, to what extent lead-based palm or other sources, such as dust, dirt, gaso line and other pdllutlvc substances, con tribute to the total incidence of lead in the environment and to what extent each is a contributing factor in lead poisoning in children. In cooperation with the Envininmcntai Protection Agency, the National Science Foundation and the National Institutes of Health, the HUD lead-based punt research pro gram has undertaken a series of projects to determine the sources and causes of undue lead ingestion. Utilizing data from HEW funded and other local programs and HUD surveys, HUD is attempting to develop a basis for establishing a national standard tor de termining wha t level of lead-based paint pn surfaces constitutes a hazard. In this connection, research programs are sceking.to develop a less costly and more sen sitive method for detecting the presence of lead-based painf. Present methods arc either very time consuming and in efficient or unreliable. HUD ba awarded contracts for development of Improved methods for the Inexpensive, reliable de tection of low levels of lead-based paint, on walls. Further. HUD Is seeking to develop more efficient and cost-effective methods for eliminating lead-baaed paint hazards. Major activities include the following: A multi-city experimental program to test existing technology; development of new technologies, Lc,, the testing of acer bic (bad tasting) paints and encouragr- FEDEBAl ZIOliHl. VOL 41, NO. US--TUfSOAY. JULY U, 197* B-2 1 DUP050033002 RULES AND REGULATIONS 28877 meat tor private industry doing research inlhls flfi'd: and development of program strategies to assist state and local eovenimcnts to combat lend poisoning in the moat' effective manner. Jointly with HSW, the HUD research program Is /griding local demonstration programs to improve local program management, to effectively combine health and housing strategies in alleviating lead poisoning ard to mobilize local' resources for the long-term funding of lead poisoning con trol programs. HDD is also establishing a clearinghouse to provide for the rapid dissemination of the results of HUD re search to the various user gvouiis. HUD anticipates that this research effort will provide medical and technical solutions to effectively address this serious chlldhcod disease. Interested parties are con tinuously requested to send re'seaTCh sug gestions to the Head-Based Paint Re search Program, Room 8138, Office of Policy Development and Research, De partment of Housing and Urban Devel opment, 451 Seventh Street SW,, Wash ington. D.C. 20410. In re-evaluating Hie proposed regula tions, HUD gave careful consideration to many factors' information rereived at the Department's public hearings: re ports of HUD resc-rch and development programs: anti'ipatcd results of the short- andteng-t-rm research programs: the impact of alternative solutions on the supply of Bousing for low and mod el ate Income families: limitations .on HUD's legal au'hority to deal with hous ing other than that which Is under the Jurisdiction of this Department: a sur vey of local codes and procedures fur lead based print poisoning abatement and the costs involved in relation to thebeneflts to be derived. In addition, the De- pirlmcut has carefully evaluated all comments received in response to the June 25. 197$ notice of proposed rule making. These revised regulations implement the requirements of sect'on 382 of the Ac 1 for the establishment of procedure* to eliminate as f5 r as practicable the im mediate hazards of lead based paint poi soning with rcroect to HUD-assoclated housing and fcd-rrllv owned property to be sold for residential habitation. These l cgulations do not purport to incorporate * "health approa-h" ol child screening followed by hazard el'mtimtlon, since this Department has neither the capability nor the mandate to undertake a program of child screening for lead even though the "health approach" would be an effec tive method. Given the vast number of housing units containing lead, the high cast of presently available methods of abatement and the fact that excessive lead absorption only occurs In a small percentage of children, screening is one method whereby finite resources can be diiectcd to children adversely affected rather than to generalized abatement. HUD )s mandated, under the statute, however, to eliminate, as far as practica ble. the Immediate hazards of lead-based paint in all housing subject to the Act without regard to the risk factor: and has adopted the methods it believes most l casonable In carrying out this mandate. The Department has determined that. In view of the limiting language of Sec tion 392 to removal of "immediate haz ards" to the extent practicable and the extension of coverage to all HTJD-assOciated housing, the requirement for elim ination of d-fceUve paint conditions ( cracking, Scaling, chipping, peeling or loose painO Is the most practicable method at this time. These final regula tions wilt be subject tocbnlinulug evalua tion and review by HUD for tire purpose of further modification and revision as now information becomes available through continuing medical and tech nological research programs. The final regulations Include: a new Subpart A entitled Notification to Pur chasers and Tenants of H up-." -sociated ITou-ing Constructed Prior to 1959 of the Hazards of Head-Based Paint Poisoning: a new Subpart B entitled Prohibition Against the Use of Load-Based Paint in HUD-Associa'ed Housing: a new Subp rl O entitled Fllminnlion of Lcad-Hased paint Hazards hr HUD-Assavtnted Ilous, lug; a new Subpart D .entitled local Codes and Rcgulriious. and a new Sub mit R entitled Elimination of I.e-ulBuscd Paint Hazards in Federally Owni-d Properties Prior to Sato for Residential Habitation. The new Subp.rt A implements the provisions of the Act regarding notifica tion to purchasers and tenants of the hazards of lead-based paint in bousing covered by nit application for morl.-agc insurance or housing asrist'ncc paym-nts con-trusted prior to 1950 and ndimnlnnUivelv extends the notification r.-iuircmcnt to nil other hUD-oasoriated housing constructed prior to 1950. The new Subpart E Implements lire provision of the Act authorizing the SccicUry to establish and implement procedur-s to eliminate the hiz-rds of leadbased paint poisoning in all federallyowned properties prior to sale when th-lr use Is intended for reridential.habitniiqn This Subpart is applicable to all proper ties owned by Fericrol agencies when fold by such n-ancles for re-ident Iril habitation and directs such nrcpciro to inspect for and c'lmlnate Immediate haz ards of paints which may contain Ic'd in such properties, and to comely with the notification requirement under 135.$ (a>. The Euhparls designated B. C and D modify the existing requirements and procedures In the current Subrart A and B of 24 CFR Pari 35. The definPion of "lead-based uaint" is revised. The defi nition of "health hazards" is deleted and a definition of "immediate hazards" substituted. In response to the June 25. 1975 no tice of proposed rulemaking, the De partment received ten comments. All of the comments were carefully reviewed and considered by HUD and. based upon such comments, certain changes have been mode to the proposed regulations, as set forth below. A discussion of the major changes as well as the more sig nificant comments follows: l. several comments recommended that the definition of ' Applicable Bur- faces" contained in 3 3S.$c> be modified to makeft clear that all Interior Surfaces are subject to the requirements of the regulations; whether or not they are accessible to children. The Department has adopted this suggestion by adding the language "whether accessible or not" following "In teriorsurfaces." 2. The suggestion was made that pro spective purchasers and tenants of hous ing rubiecl to the regulations should be notified of the hazards of lead based paint poisoning before they have pur chased or rented the property. The De partment has adopted this suggestion by changing the language of { 35.5(a) to require that such notification of lead bored paint hazards be given to prospe-Uve purchasers and ienants prior to their purchase or rental. A new { 35.56 (a><4> has been added requiring that the notice required under { 35.5(a) be riven to prospective purchasers of fed erally owned property where Its use is intended for residential habitation. 3. Three comments suggested Jnodifi<-otions In the language of the notifica tion reouirements. Concern was expro-ed that the language Was unneerssvtrilv complex, and did uot provide for Bcani-h translations. Questionswere also i n>-cd us to whether the hxngunge of the noUPeations implied that a child wpu'd u-uailv show symptoms of lead poison ing. The Department has responded to thee comments by substantially simnHf-'i"g and shortening the notifications (Sec Appendix I). When mibfi'hcd for ma*s distribution, these notifications wi't he accompanied with appropriate visual and graphic illustrations. Notifications will be printed in both Brrllsh ard In Ppa'-hh translations. Fiurliy. the languii-'o of the notifications has been cor rected to state that there are usually no sighs of lead poisoning. 4. Two comments objected to the reg ulations In light of a 1973 ruling of ths Federal District Court in City-Wide Ccaff/ion Apainst Childhood Mad Paint Pol- 'Xing ns. Philadelphia Ilovinq Au thority and HUD. 358 F. Bunn. 123 (ED. Pa_ 1973). It was the finding of the Court In Ct!ii-Wtdc that, prior to (he sale of a HUD-owned acquired property. H('D l required to abate lead paint haz ards in conformity with the local Phila delphia ordinance, including removal or rrverun of lead-based paint on flaking Or I'ee'lng walls and the removal of lead pain irom Intact but accessible wood work and trim. The Department Is In romr-Haiiee with the ruling of the Court in City-Wide. 5. Two comments took Issue with the Department's Interpretation of section 302 of the Act. These comments ex pressed the opinion that the statutory language fails to provide for any distinc tion between "Immediate" and "poten tial" hazards, that section 202 mandates the elimination of all leawpalnt hazards, irrespective of practicality, in federally- owned units, and that the limitation of "as far as practicable" applies only to HUD-associatcd (but not federallyowned) units. The Department Is of the legal opinion that the phrase "proce dures to eliminate as far as practicable veausf toiSTtt, vot. si, n o . 13]--ructoav. JULY 13. i** il \ i :::/r DUP050033003 28878 RULES AND REGULATIONS the hazards of lead paint poisoning,1' Policy Act of 19C9 was prepared and cir lc) "Secretary" means the Secretary which describes existing housing covered culated for public comment with rerpect of Bousing and Urban Development or a by an application for mortgage Insur to these finai regulations, A copy of the BUD official delegated the Secretary'* ance or housing assistance payments, is simitar to the phrase "procedures to final environmental Impact statement. Including the comments received on tbo authority with resrect to the Act. (d) "Assistant Secretaries" mean* the eliminate the hazard!, of lead-based paint draft impact statement and our response Assistant Secretaries in tho Depart poisoning" which is applied to federally to those comments, is available for pub ment of Bousing and Urban Develop owned properties prior to sale. Section lic inspection during regular business ment. 302 provides that the procedures to elim hours. In the Office of the Rules Docket fc) "HUD-associated housing" means inate as far os practicable the hazards Clerk, Room 10141, Department of Hous any residential structure ns defined In of lead-based paint poisoning In HUD ing and Urban Development and in the paragraph (f) of this section, which I* assisted housing shall, as a minimum, information Centers of BUD'S Regional owned by the Department or Secretary provide for appropriate measures to Offices. of Bousing and Urban Development or eliminate "as far as practicable" immedi Accordingly, Part 35 of Title 24 Is re financially assisted under any program* ate hazards. Although tills minimum re vived to rend as follows; administered by the Secretary, when quirement Is not mentioned with regard to federally-owned property, the House Subpstt A--Notification to -fttrehsMro and Tonant* of HUO.A*socfat*o HouCnr Constructed *iich structures are being constructed, sold, purchased, leased, rehabilitated Report summary of the 1973 amendments Prior to 1950 of tbo Hazards of l**d.Be*ed Paint Poisoning to the Act provides that: similar procedure* would be established .Sec. 351 Purpom and scope. and Implemented Set all Federally-owned property being told for residential purposes. .30* SOS Definitions. Eequlremcnls. (HR. Rep. Ho. 03-073, 03rd Cong., 1st Gear. >0(1073).) Subpart B--Prohibition AgeInst the Usa of toad* Baaed Paint to HUOJuueclalod Housing The Department does not believe that 36.10 Purple end scope. Congress intended (o require the estab 30.12 Defliilunrw. lishment of more .stringent procedures 38i.it .Requirement*. for disposition of federally-owned prop erties then for properties covered by FHA Subpart C--Elimination of Loaddforad Paint Hazards in HUOAasdelatad Mousing (including routine maintenance work), modernized or improved with any form of BUD financial assistance whether by grant, loan, advance, housing assistance payments, the process cf a BUD- guar anteed loan or a HUD-ln-.tfn.-d mortgage. (f) "Residential structure" means any house, apartment or structure Intended for human habitation, including any In stitutional structure where persons re side. such as an orphanage, boarding schorl, dormitory, day care center, or rxtended care facilities, college housing, Insurance or bousing assistance pay ments, because the major source of federally-owned properties is acquisition after default on on insured mortgage. Nothing In the legislative history indi cates that Congress intended to impose any financial burden upon the mortgage insurance funds by the establishment of a dual standard which could result In such a burden. Tire definition of "HUDassociated" properties in (35.3(e) there fore Includes both HUD-owucd as well os other HUD-ossisted structures. 8. Several comments suggested the 35ZD Purpose and scope. 30.23 DefinKtulis. 35.21 Requirement*. 35-25 Clearinghouse, Sufcpart b--Local Co4s and Regulations 30,40 compliance vita local law*. 35 (2 Rcgi.hcmeutf, Subpart F--Elimination of.Leadhased Paint Haa, ards in Federally*)word Properties prior 4b Sal# lor Raaldantlal Habitation 35.50 Purpose and scope. 35.02 Applicability. 35*4 .DaAuItton*. 30.55 RcqUheinent* hospitals, group practice facilities and community facilities, (g> "Applicable surfaces" means all Interior-surfaces, whether accessible or not, and those exterior surfaces such as stairs, decks, porches, railings windows and doors which are .readily accessible to children undor7 years of a*q. (b) "Potential hazard" means paint (which may contain lead) on anpllcable surfaces which are In a sound, tight con dition, but which may become uti Im mediate hazard,-as defined in rnriigrut-h II) of this section, by reason of cracking, need for more stringent enforcement pro AcPtNorx I--The Danger of bead Poisoning chipping, scaling, peeling or loosening. visions, including annual inspections, lor Homeowners. *1* "Immediate hazard" means paint special notices when specific hazards arc discovered, remedies for violations, end Appzamu II--The Danger of Lead Poisoning tor Renter*. (which may contain lead) on applicable surfaces which is cracking, seating. specific time limitations lor compliance. AoTuczrrr: Pub. 1*91-605,34 8tat.207S. e* chtppini!, peeling or loose, These suggestions have not been adopted. amended by Pub. L. 03-101 <43 VBXS. 4001 el (j> "Defective ramt condition" mcun* The Department does not believe it nec essary to provide detailed Inspection and <eq.i; eee. 7td) Department of Housing and Urban Development Act (42 U.8.C. 3030(d) ). any paint on applicable surfaces which is cracking, scaling, chipring, peeling or enforcement procedures in these regula tions. since each Assistant Secretary will, as directed by the regulations. Implement Subpart A--Notification to Purchasers and Tenants of HUD-Aseocleied Housing Constructed Prior to 1950 or the Haz 1)010. ) 35.5 ilcqiiirt-roonl*. those inspection and enforcement proce ards of Lead-Bated Paint Poisoning (a) Purchasers and tenants of HUD- dures most appropriate for the particular BUD programs within ids or her Juris $ 35.) Purpose and tenge. ossoclated housing constructed prior to 1950 shall be notified, (1) that the prop diction. This Subpart A establishes procedure* erty was constructed prior to .1950, <2> T. Several comment* questioned the to assure that purchaser* and tenants of that the property may contain lead- distinction made In the regulations be all KUD-associahxl housing constructed based paint, (3) of the potential and im tween "immediate" and "potential" haz prior to 1950 jare notified of the hazards mediate hazards of lead-based paint. (4) ards, asserting that all intact paint should be required to be removed, bused on accessibility and lead content. As dis cussed above, Hup has determined that cracking, scaling, chipping, peeling, or of lead-based paint which may exist in such housing, of the symptoms and treatment of lead-based paint, poisoning and of the precaution* to be token to of the symptoms and treatment of lead- based paint poisoning, and (3) of the precautions to be taken to avoid bad- based paint poisoning (including mainte nance and removal techniques for elim loose paint presents the most immediate avoid lead-based paint poisoning. inating such hazards). Prospective pur hazard and removal of such paint is the most practicable step at this time. 8. In response to comments, the De R 3S.3 Definition*, For the purpose* of this .subpart, the chasers of renters shall receive the above notifications prior to purchase or rental. Appendix I, which Is attached hereto and partment is alro.revising the regulation* following definitions are applicable: made a part hereof, consists of BUD to make explicit Its Intention to Comply tat "Act" means the Lead-Based brochures, copies of which shall be used With State or local laws, ordinances, Faint Poisoning Prevention Act. Pub. ,1* to provide the required notification. eodes or regulations governing lead based paint hazard abatement enforcement. Section 38.40 on local codes and regula tions has been amended accordingly. 91-695,84 stat. 2078, as amended by Pub. L. 93-151, (42 V&G. 4801 et seq.l. (b) "Department'' or "HUD" meant (b) Each Assistant Secretary shall take necessary action* to implement the re quirements of paragraph (a) el this sec An environmental impact statement the Department of Bousing and Urban tion with respeet to the BUD programs pursuant to the National Environmental Development. within his/her administrative jurlsdie- KDESAl ItOISIEI, VOL 4), NO. 135--TUESDAY, JUIY 13, 1774 B-4 DUP050033004 --. RULES AND* REGULATIONS earn such actions shall Include the esShiiihtr.ent oi procedures to <1; pro- may contain lead on applicable surfacee pt HUD-assoelated hewing. - $35.22 Definition*. States Housing Act of 1*31. as amended by Title XX. Housing and Community Development Act Of 1874). the owner of the assisted housing shall be responsible Tho definitions contained In 135.3 for providing a certification to the local i,f8S*h0iilng constructed prior to MSO, *55ndto (3) require the Inclusion of appro''nrtlu provisions In eontracte or sole, J or management of HUD-associ-itiq housing to assure the receipt of the * Information ec ntalned in the appropriate gOO brochures by purchasers and tengmt* o< such h >usIna. shall apply to thisSubpart Q. $35.24 Requirement*. (a) Prior to the occupancy of BUDassoclated housing, immediate hazards shall be eliminated by the most practi cable means. For this purpose, all defec tive paint 'conditions shall he assumed to be immediate hazards. b> Each Assistant Secretary shall Im- HUD staff, the local public housing agency or the state housing agency, if any. that' the property has been inspected and treated la accordance with the ap plicable provisions of this part. (3) Treatment necessary to eliminate immediate hazards shall, as a minimum, consist of the following: (IS All surface conditions Identified as i.m....m...e..d..i.a...t.e...h..a...z..a..r.d. s shall he thorou. g_ hl_y aubBsrt B--Prohibition Against tho Use of plcmcnt or provide for the Implements- cleaned (washed, sanded, scraped, wire Leed-BesOd Paint In HUD-Assodeted tlon of the requirements of paragraph brushed or otherwise cleaned) so as to ` ` ' Homing (a) of this section with respect to HUD remove all cracking, coaling, peeling, *T$ 55.10 Purpose and scope. programs within his/her administrative chipping and loose paint on applicable jurisdiction. Implementation shall In surfaces. Such surfaces that have been > This subpart implements,the provi- clude the following: so treated shall then be repainted with V"1, sione o( 43 CFR Fart 80 issued by the ' SKretafi of Health, Education, and Wel fare pursuant to section 401 of the Act v, ' which are applicable to federal agencies ' ei d which prohibit the use of lead-based 1 paint on applicable surfaces of residen- ' - Ual structure* constructed or rehablll- (1) HUD-asso:iated housing shah be inspected to determine whether or not immediate hazards exist. Responsibility for such inspections shall be as follows: (1> HUD-owned housing that Is to be rehabilitated before sale shall be in spected by local HUD staff or. if appro two coats of a suitable non-leaded paint in accordance with the requirements of X 35.14; or Ul) Where the paint film integrity of the applicable eurface cannot ba maintained, the paint shall be com pletely removed or the surface recovered tstad by the Federal Government or with priate, by the property manager as part with a suitable material such a gypsum federal assistance end establishes proce of the program for management and wallboard, plywood, or plaster before any dures to prohibit the use of lead-based disposition of HUD-owned property; repainting is undertaken; and paint on applicable surfaces In all HUD- tit) KUD-owned property that h to (4) Appropriate provisions for the in essocialed housing. be sold In an as-ls condition ehall be spection and elimination of immediate |35,12 Definition. The definitions contained in i 35.3 of Subpart A of this part shall apply to this Subpart B and in addition the following definition Is applicable'to this Subpart inspected by the local HUD staff or by the property manager ae part,of the pro gram for management.and disposition of HUD-owned property prior to the sale of such property or subsequent to tho sale but prior to oceupancy thereof for hazards and provisions necessary for en forcement of the requirements shall Be Included in contracts and subcontracts Involving HDD-associated bousing. 833,25 Cte*rlngUou*c, B! residential use: Prodded, however, That tn order to facilitate the exchange of (a) "lead-based paint" as defined in where properties are eonveyed to a unit information and suggestions with re section 501(3) of the Act means any paint of state or local government, the state spect to elimination of lead-based paint containing more than five-tenths of 1 or local governmental body shall be re hazards, the Lead-Based Paint Research percentum lead by weight (calculated as sponsible for Inspection.' Program, Room 3133. Office of Policy De lead metal) In the total nonvolatile con (111) HUD-owned property that Is velopment and Research, Department Of tent ot liquid paints or in the dried film rented or leased for residential use or Housing and Urban Development, 481 of paint already applied. will be offered for such rental shall be Seventh Street, SW., Washington, D.C. 185.14 Requirements, (a) No office of the Department shall use or permit the use of lead-based paint on applicable surfaces of HUD-associ Inspected by the local HUP staff or by the property manager as part of the program for management and disposi tion ot HUD-owned properties. (Iv) Existing housing proposed tor 20410, will serve as a Clearinghouse tor suggestions, inquiries and requests for information. The transcript of the heat ings held by HUD are available for ex amination at this office and reports of ated housing. HUD-FHA mortgage insurance shall be the research projects undertaken will (b) Each Assistant Secretary shall Im Inspected by the local HUD staff or by likewise be made available to Interested mi, plement the requirements of paragraph (a) of this section with respect to the HUD programs within his/her adminis trative jurisdiction. Implemention shall include the establishment of procedures to require the Inclusion ot appropriate provisions in contracts and subcontracts involving HUD-associated housing pro hibiting the use of lead-based paint .on applicable surfaces of such HDD-asso ciated housing and shall include provi sions necessary for enforcement of the prohibition. Subpart C---EHmlnotlon of Lead-Based Paint Hznls In HUDAssociated Hous ing 135.28 Purpose and scope. Thh Subpart C implements the pro visions ot section 383 of the Act with teepect to establishing procedures to fee appraisers where otherwise permitted under existing procedures; (v) Low-Income public bousing (in cluding occupied units) shall be in spected by the local housing authority, local public agency or other agency re sponsible for the maintenance, manage ment. repair and operation of such housing; (vl) In the rehabilitation of HUDassociated college housing, the architect ehall be responsible for Inspection of tho premises; (vll) Xn housing assisted with com munity Development funds, the appro priate local public agency, local public body, city demonstration agency or unit of local government or agency thereof shall be responsible tor Inspection of the premises; (3) Notwithstanding the requirements ot paragraph (b) (1) of this section. In persons. Subpart D--locel Codas and Regulsltone 8 33,10 Conpliaure with loral le**, (a) HUD, as owner of federally-owned housing, will comply with State or local laws, ordinances, codes, or regulations governing lead-based paint hazard abatement. , . , ., (b) Nothing to this Part SS is Intended to relieve an owner or tenant oi HUD- associated bousing of any responsibility for compliance with State Or local laws, ordinances, codes, er regulations govern ing lead-based paint hazard abatement, fc> HUD does not assume any respon sibility with refbect to Inspection, en forcement. Interpretation or determina tion ot compliance with such State or local requirements, except that the Fed eral standard tor lead content in paint supersedes any State or local req ' eliminate as far as practicable the haz the Eectlon g Housing Assistance Pay ment, prohibition, or standard,5"'*' ards due in the presence of paint which ments Program, (Bee. 3 of tho United vtded in section SMcfth*. " * RO.SSAI StOISTSt, VOL 41, HO. m--tUBOAV, IU1TJ3, *ssw% B-5 mm Mil DUP050033005 28880 RULES AND REOUIATJONS $ 35.42 Requirements* Each Assistant Secretary shall take necessary actions to Implement the in** tent of 135.40. to sale Is intended for residential habita tion, the federal agency seUing the prop erty shall fissure that the following steps are taken: (1) The property Is Inspected to deter your child has eaten paint chips or planter, or it you see any of these signs in your child, be should be tested for lead In his blood as soon os possible. Do not wait too long! Your doc tor, Idea) clime, hospital, or public health de partment con test your ehlld for lead poison Subpsrt E---Elimination of Lead-Bated mine whether or not immediate hazards ing. Blood samples can be taken and tested to Paint Hazards In Federally-Owned Prop exist: for this purpose all defective paint tell if your child has eaten enough lead to bo erties Prior to Sale foi* Residential Hab conditions shall be assumed to be iori- harmful. In many communities there are itation mediate hazards; and $ 35.50 Purpose and scope. (2) Ail surface conditions Identified This Subpart E implements the provi sions of section 302 of the Act which directs the Secretary to establish and Implement procedures to eliminate the hazards of lead-bascd paint poisoning in all federally-owned properties prior to the sale of such properties when their use is intended for residential bablta-' as immediate hazards are thoroughly cleaned (washed, sanded, scraped, wire brushed, or otherwise cleaned) so os to remove all cracking, scaling, peeling, chipping and loose paint on applicable surfaces and then repainted with two coals of a suitable non-iended paint In accordance with the requirements of 135.14: tiOJL (3> Where the paint film integrity of 35.52 AppUcaUiUiy. the applicable surface cannot be main blood screening programs operated by local health departments, but screening Is usually conducted In older areas of cities where leadbased paint and poisoning Is most common. Tenting for lead takes only a matter of min utes. Blood screentug programs are usually fr*e and will test children for lead even If they show no symptoms of pol-onlng and hate not been seen eating paint. A number 1 blood screening programs are supported by the Department of Health, Education, and Welfare, and toesl health departments. T1 you are unaware of a screening program in your area, call your public health nurse.or The requirements established by this Subpart E are applicable to all federallyowned properties prior to their sale by 3 federal agenty when their use is In tended for residential'habitation. 135.5>J> Di^iliidiSix. tained. the paint shall be completely re moved or the surface recovered with a suitable material such as gypsum wallboard. plywood, or plaster before any re painting Is undertaken. 141 Prospective purchasers are pro vided all notifications described in f 35.3 social worker at the local health department. If there are uo screening prorram* .lit your city and you cannot afford icat'n**. the Medlrsld program may pay for screening of chil dren both below six years of aim and above the ega of six, if a doctor says that tCHtlK 4 nt'Cesshry. If test* show that your child bss a high The following are applicable to this SubpartE: ia) of this regulation. level of .lead lh hi* blood he will need modi* <b> The previsions of this JSubpftrt E ivl KundrviHio.il and possibly treatment. If cm "Federal agency" means the United States or any executive departmenU. Independent establishments, ad ministrative agencies ;md instrumental ities of the United States, including cor porations In which all or substantially all of the stock is beneficially owned by shall be binding upon ail federal agencies as provided by section 303 of the Act: however, notiiincr contained In this Part 35 shall preclude any federal agency from promulgating such other procedures or additional requirements as may be necessary to implement tire provisions of treatment, is iiecevnrv, your doctor, a Iccal clinic, or hosnltal will be Able to .remow the lead in h.H bipod.. Such treatments may be paid for by Medicaid cr vour local health depumnont. if te*Unc rhewv that your child has a lot of lead In hia blood, the focal health department may tend somwm- it measure the lead paint In your h*me. Standards for the United States or by any of the fore the Act. treatment of lead hazards in housing vary going departments, establishments, agencies or instrumentalities. ib> "Federally-owned properties'' meansany properties owned by a federal Arrcrtonr 1 -Tk i Da n c e * or Le a d Fo ia o k ik o >-o s H<>ms o w k e *s This hooting or apartment was built before IPSO. There ta a possibility that it may con from city to elty. Follow Un direction* *ud guidance of your local health department. Lend paint is not the only cm** of i*a poisoning. Your child can fra retailed by eating paint, dirt, or other non-food aub- agency as defined in paragraph <a> of tain lend pnlnlA. Lead point 1* poisonous If .startes* Containing lead. Young children put this section. eaten.Many children do eat point flakes and many things besides food in their mouths, <d> MActMmeans theLeed-BasedPaint poisoning Prevention Act, Pub. L. DI MS. 84 Slat. 2078. as amended by Pub. X* 93-151 C42U.S.C. 4801 etseq.). (d) "Residential structure** means any frequently become very sick. You ** a parent are in the best position to safeguard your child's health by preventing him or her from eating; paint or paint chips. This pamphlet will answer some of your queahms about how to know If your child has been eating lead but if those object* contain lead, poisoning i po<*H*ble Your child .ran eel lead piilsin. ing from eating or chewing on non-food items which contain lead, including dirt, newspaper, and even e-ttne rott?ry. and fur* i iture. Even common household dust some house, apartment or structure intended paint and what to do about u. time* contain* high levels of lead. Lead for human habitation, including any in Lead poisoning la a sertous problcmr ln thu paint which has weathered and fallen to the stitutional structure where persons re oountry. Each year thousand* cl children ground con collect In dust and soil. Exhaust side. such as an orphanage, boarding school, dormitory, day care center, or extended care facilities, college housing, hospitals, group practice facilities and community facilities. under ? yearn of age are poisoned when they eat bits of paint containing lead* Children who eat lead can .become mentally retarded, blind, paralyzed, or even die. You can safe guard your child's health by preventing him 'from .eftting paint chips which may con tali) from automobile* which * leaded gasoltu* also contains lead which can collect in du*< and sou Chitdren.shouid be dreouraged from playing in dust and dirt near busy street* where 'he lead content in soil Is likely to be te) '^Applicable surfaces" means all Interloz^Burfaces, whether accessible or pot. and.those exterior surfaces such as tteirv decks, porches, railings, windows and doors which are readily accessible to children under 7 years of age. U) ^Immediate hfizard" means paint fwhich mfty contain lead) on applicable surfaces which Is cracking, scaling, chip ping, peeling or loose. (g) "Defective paint condition" means any paint on applicable surfaces which |s cracking, scaling,'chipping, peeling or loose. lead. The Department of'Housing and Urban Development has prepared this pamphlet (o make you aware of the problem of load paint poisoning In the home. As a parent, you need to know how to pre vent the fttckue** lead paint ca*i cause. You need to know what to do If your child has lead pvbouliif Your child can get lead poisoning by ealin- paint, dirt., dust, newrparcr. or other rum*food Items containing lead. The most common cause of lead poisoning is lead-based paint. Children can get dangerous amount* pf lend from eating even very small amounts of such paint. Unfortunately, usually there arq ho oblvous signs of lead poisoning. Often You should stop your child from eating.or chewing paliit and other objects that may contain lead Warn your child of the dan ger* of eating anything other than food if be is old enough to understand. Make sure (hat ilie rest cf your family and anyone who hahvriti for you u aware of tho lead paint problem and wifi prevent your child from eating paint. Often children wifi eat things if the; are bored or hungry. .Children are safer ii they have activities cr :.toys to keep them busy If your child is not eating pro perly. you may want to take him tog doctor, The bai way to prevent lead paint polauntng is to keep your home in gcud chape. The primary source of the lead paint hazard is <h) "Use for residential habitation" lead poisoning can seem like a number of peeling and flaking.paint. Water leaks from means the use of a property as a resi other childhood diseases, but If your child faulty plumbing or defective roofs often dential structure as defined in paragraph <d) of this section. 35.55 Requirement*. has stomachaches and vomiting, has headarises, a toss of appetme, is cranky, or fre* quentiy Is too tired to play, he may have lead poisoning. Any or at) of these symptoms can cause paint to peri or Coke from walla and ceilings. Quick repair of such leaks can prevent this. To prevent peeling paint, most housing (a) Prior to occupancy of a federally- be signs of lead poisoning. Often, there are unit* should be repainted every three to five owned property whe re its use subsequent no symptoms at all. If anyone tells you that years. Any loose or flaking paint should b* FCOESAL ttCISTW. VOL 41, WO. 135--1UCSOAV. JUtV 13, |W4 B-6 DUP050033006 RULES AND REGULATIONS jimoved .toy scraping or brushing. Cracked has stomach aches and vomiting, baa head and dirt near busy street* where the teed walls should be replasterod before new paint aches. a loss of appetite. Is cranky, or fre content In soil la likely to be heaviest. 4a applied, 'it jour walls are cracking or quently is too tired to play, he may havelead You should step your child from ratine or peeling now, you may bare a lead paint poisoning. Any or ail of these symptoms can chewing paint and other object* that mar hazard. If you have small children, there are bo signs of lead poisoning. Often, there arc contain lead. Warn your Child of the dangers gome things you should do immediately to no symptoms at all. Xf anyone tells you that of eating,anything other than food if he Wold protect them: (l)-det a broom or stiff brush your child has eaten paint chips or plaster, enough to understand. Make sure that the and remove all loose pieces of paint from walla, woodwork, and ceilings; <2) sweep up alt the pieces of paint and plaster: (3) put the sweepings in a paper bag or wrap them la newspaper and put those package* In a trash can; (4) be careful not to leave paint ehtps on the door. Always keep Uw floor clear of loose bit* of paint and plaster. Sweeping the floors clean of paint chips is simple, but- It le most Important. Children can pick loose paint off walls, so be extra care ful about keeping loose paint from the tower part of wails where your child can reach, ils an emergency measure to protect your child, you can cover up the lower part of Wall* With adhesive backed paper and you can cover -the woodwork which your child might chew with adhesive tape or paper. As an emergency measure, you might aio move heavy furniture against walla with peeling paint. Remember that you pray amajor role as a homeowner and as a parent in the picventum cf lead poisoning. Tour actions and awarefleas about the lead problem can make a big difference. AmMou ij--'Twa Da k c w or Lu ao IVin o h in o f o r Rc n t c w or if you see any of these signs in your child, he should be tested for lead In his blood as scon as possible. Da not wait too long! Tour doctor, local clinic, hospital, or public health department can test your child for lead poisoning. Blood samples can be taken and tested to tell if your child has eaten enough lead to be harmful. In many communities there are blood screening programs operated by local health departments, but screening is usnally conducted In older areas or cities where lead-based paintand poisoning is most common. Testing for lead lakes only a matter of minutes. Blood.screening programs are usually free and will test children for lead even if they show no symptoms of poisoning and have not been seen eating paint, A number of blood not been seen eating paint. A umber of blood Hrrrenlng program* art supported by the Dopwlmvnt of Health, Education and Wel fare, and local health departments. If you are unaware of a screening program lu your area, call your public health nurse or social worker at the local health department. If there are no screening programs in your city and you cannot afford testing, the Medicaid program may pay for screening of children both below six years of age and above the .rest of your family and anyone who babysits for you is aware of the lead paint problem a.nd will prevent your child from estlbg paint. Often children will eat things tf they are bored cr hungry. Children are safer If they have activities .or toys to keep them busy. Jf your child Is not eating properly, you may want to take him to a doctor. The best way to prevent lead paint poison ing is to keep your home In rood shape. The primary source of lead paint havards Is peel ing and flaking paint. Water leak* from faulty plumbing Or defective roofs often cau-e paint to peel or flake from walls and ccUInga. Renair of such leaks can prevent future peeling or flaking. If you have such leaks, or If you have peeling. flaking paint in your apartment, notify the management or landlord. To prevent peeling paint, mo"* apartments should be repainted ewv three to five years. I t is Important to cooperate with ,the man* acement office when repainting time comes. If your ..noartment ha* not been renalnted within this period of time, inform |he .manauctnenl office, resident manager, or landlord. You may have a lead paint hazard now if your walls are cracking or peellng. Tf you have email children, there are some thing* you This housing or apartment wav built before 1350. There Is a possibility that U may con tain lead pains, head paint I* polionon* if eaten. Many children do eat paint Hakes aud frequently become very slrk. You as a parent are In the beet position to safeguard your child's health by preventing him or Iter front eating paint or paint chips. Tills pamphlet win answer some.of your questions about.how to know If your child has been eating lead paint and what to do.ab6ofc.it. Lead poisoning Is a serious health problem In this country. Each year thousands of chil dren under 7 years of sge are poisoned when they eat bits or paint containing lead. Chil dren who .eat lead can become mentally re tarded, blind. paralyzed, or even die. Yen.can safeguard .your child's health by preventing him.from eating paint chips which may..eon" tain lead. The Department of Housing , and Urban Development has prepared this pam phlet to make you aware of the problem of lead paint poisoning in the home. As a parent, you need to know what ..to do to prevent the sickness lead paint can cause. Tou need to know what to do tf your child has lead poisoning. Tour child can get lead poisoning by eat ing paint, dirt, dust, newspaper, or other non food items containing lead. The moat corn- anon cause of lead poisoning is lead-based paint. Children can get dangerous amount* of lead from eating even Very small amounts pf such paint. Unfortunately, usually them are no obvious signs of lead poisoning. Often lead poisoning can seem tike a number of aye of s'lx If a doctor says that testing k necessary. If teats show that your child has a high level of lead in his blood he wilt need medical supervision and possibly treatment. If treat ment Is neeessary, your doctor, a local clinic, or hospital will be able to remove the lead id your child's blood. Such .treatments may be paid for by Medicaid cr your local health department, Tt testing shows that your child has a lot of lead In his blood, your local health department may. send someone to measure the lead paint in your home, and may require treatment by the owner of the unit of the lead paint hazards on walls and woodwork.-Such work Is often men; and inconvenient, but It la neeessary to prevent the possibility of further sickness from lead. Co operate with any workmen who ore sent to correct the lead condition la your home. Laid paint ta not the only cause of lead poisoning. Your chad can be poisoned by eating paint, dirt, or other non-food sub stances containing lead. Young children put many things besides food In their mouths, but if those oblects contain lead, poisoning :1s possible. A child can get lead poisoning front eating cr chewing on non-food Hems which contain lead. Including dirt, newspaper, and men some pottery, and furniture. Even com mon hcvahold dust sometimes contains hluh levels of lead. Lead paint which has weath ered and fallen to the ground can collect In dust and soil. Exhaust from automobiles whlrh used leaded gasoline ibo contains lead which can collect in dust and soil. Children should do immediately to protect them. (I) Notify the management office or resident manager or landlord Immediately: (2) get a broom cr Miff brush and remove all loose pieces of nalnt from y/atls. woodwork, and ceilings: f 3> sweep un all the piece* of paint and plaster H) puttheeweenln*** in a never beg or wrap them.ln newspaper and put these in a tra*h can; (5) be careful not to leave paint chips on the floor, and keep children awav from the dust. Always keen the pn-r e'ear of loose bits of paint end nlaster. Sweeping i**e fl*on clean of nelnt chi** is simple, but U Is most Important. Children can ,nl**k loose nslnt off wa'ts. ro he *-*ra careful about keeping the loose paint from the tower part of walls where your child can re*"!*. As an emergency measure, you might ale move h**vy furniture again** walls with peeling paint. Remember that you play a major role as a parent In the prevention of lead poisoning. Ybtir actions and awsrenem about the lead problem can make a big difference. Non:.---Ifc Is hereby certified that the eco nomic and inflationary Impacts of this pro* posed regulation hare tften carefully evalu ated lu accordance with OMB Circular A-107. Effective date: This regulation shall be effective on July 13. 1976. Ca ma A. Hil l s . Secretory of Housino and Urban development. other childhood diseases, but If your child should be discouraged from playing in duet |FR Doc.79 10987 Filed 7-I3-16j8:49 sn| ROSfAl MOUTH, VOL 41, NO, 135--TUfiOAT. lUtT 13. 1970 DUP050033007 DUP050033008 Appendix C HUD CONTRACTS, GRANTS, INTER-AGENCY AGREEMENTS IAA-H-37-72T-20 - National Bureau of Standards Title: Lead-Based Faint Prevention Research 6/21/72-9/30/74 $1,545,000 To prepare estimates on the nature and extent of the lead poisoning problem and to conduct lead hazard abatement research as required under the Lead-Based Paint Poisoning Prevention Act. IAA-B-35-75 - National Bureau of Standards Title: Technical Assistance 7/1/75-6/30/76 $ 640,000 IAA-H-42-76 - National Bureau of Standards Title: Technical Assistance Awarded: 1/28/76 $ 595,000 1AA-H-38-76TQ - National Bureau of Standards Title: Technical Assistance 7/1/76-9/30/77 $ 530,000 Nos. 2/3/4: To provide technical assistance to the HUD Lead-Based Paint Program as required, including the demon stration and analysis of deleading techniques identified and tested at the National Bureau of Standards. RT-63-73 - Department of HEW Title: To determine the Body Absorption of Various Lead Compounds Awarded: 7/13/71 $ 50,000 To carry out a research program to determine the relative absorption of various lead compounds used in paints when ingested by rats. lAA-H-40-75 - National Science Foundation Title: Environmental Sources of Lead Awarded: 5/1/74 $ 5,000 To develop methods of determining environmental sources of lead in young children with elevated blood levels. C-1 DUP050033009 7. H-2218R - John A. Whysner Associates Title: Acerbic Substances 9/1/74-7/17/75 $ 47,396 - The planning, design, and evaluation plus technical assistance in testing the safety and efficacy of acerbic substances as a method for the elimination of pica. .8 H-2281 - international Research 6 Development Corporation Title: Denatonium Benzoate 6/30/75-12/31/77 $ 157,500 Testing the acute and chronic toxicity of Denatonium Benzoate for use in paint-on theory that bad taste will prevent paint pica. H-2191R - Columbia Scientific Industries Corporation Title: Development of a Lead Detection and Analysis System Awarded: 6/30/74 $ 83,724 The system to design and test three prototypes which are to be furnished to WJD for further evaluation and field testing, .10 H-2192R - Princeton Gamma-Tech, Inc. Title: Development of a Lead Detection and Analysis System Awarded: 6/30/74 $ 110,000 System to be designed and tested and then three prototypes to be furnished to HUD for further evaluation and field testing. H-2208R - Boeing Aerospace Company Title: Experimental Lead-Based Paint Hazard Elimination Program Awarded: 6/29/74 $ 660,375 To determine the technical feasibility, installation character istics, performance, effectiveness of elimination and/or cover-up methods and to obtain meaningful cost data for the deleading operations in 250 dwelling units. C-2 DUP050033010 H-2331Trustees of Columbia University Title: Aversive Coatings Awarded: 6/30/75 $ 100,030 * Using aversive coatings, testing the aversion efficacy vs. concentration of bitter agent. PDR-225-74 - HEW/Center for Disease Control Title: Development of ComprehensiveLead-Based Paint Program Models Awarded: 4/1/74 $ 50,000 Models were developed for demonstration programs to upgrade capabilities of screening programs. Demonstrations (actual) to be funded in FY 76. RT-245-73 - Nasa/Office of Industry Affairs and Technology Utilization Title: Development of aLow-Cost Lead Detector Awarded: 6/1/73 $ 35,999 Research and development studies on a portable instrument to detect lead. H-2283R - DeBell & Richardson Title: Innovative Methods for Lead Hazard Abatement Awarded: 6/30/75 $ 67,077 To develop a spray-on barrier of fiber-glass reinforced polyester for use as a covering on lead painted surfaces. H-2286R - IIT Research Institute Title:"* Innovative Methods for Lead Hazard Abatement Awarded: 6/30/75 $ 89,226 For developing a system using a chemical-backed film that can be applied to a lead-painted surface and then peeled off, removing the lead-based paint. The encapsulated materials on the sheet would be activated by heat or pressure. H-2285R - International Magna Title: Innovative Methods for Lead Hazard Abatement Awarded: 6/30/75 $ 103,233 C-3 DUP050033011 To develop and/or modify a line of handheld gas-fired infrared heat guns for use in paint removal, making them safer and easier to use in lead-based paint removal. ^ 18. H-2284R - United Technologies Corporation Titles Innovative Methods Development Awarded: 6/30/75 $ 103,233 To develop a lead coordinating polymer coating for lead painted surfaces that will cause the child who eats leadpaint flakes coated with the product to excrete the lead before it can be absorbed into this system. 19. H-226111 - Johns-Manville Sales Corporation Title: Innovative Methods Awarded: 6/30/75 $ 247,880 Development of three different barrier Systems for covering lead painted surfaces, making them Inaccessible to children. Two coverings are of fiberglass and the third will utilize a mineral fiber sheet. All will be permanent coverings which can be painted. 20. H-2256R - Johns-Manville Sales Corporation Title: Innovative Technique - Asbestos Cement Covering , System Awarded: 4/16/75 $ 64,146 Development of a covering system utilizing asbestos cement for woodwork and trim posing a lead-based paint hazard. 21. H-2399 - David Litter Laboratories Title: Innovative Methods for Lead Hazard Abatement Awarded: 1/8/76 $ 76,443 To develop lead paint softening technique using chemicallymodified-steam system. 22. H-2400 - Alfred Daech Title: Innovative Method for Lead Hazard Abatement Awarded: 12/19/75 $ 80,000 C-4 > I DUP050033012 sTo develop permanent system for covering lead paint by use .** { of Fiber-Reinforcement in epoxy coating. -H-2404 - Yarsley Research Laboratory ipLtle; Innovative Method for Lead Hazard Abatement Awarded: 6/17/76 $ 80,000 |To develop a system for applying fusible coatings by means of heated spray to cover lead paint hazards |J4`. H-2567 - Johns-Manville Sales Corporation . ' Titles Innovative Methods for Lead Hazard Abatement x x Awarded: 6/25/76 $ 140,000 Ilf Bp To develop laminated paper-fiberglass wall coverings for covering lead paint hazards. H-2568 - Battelle Memorial Institute Title: Innovative Method for Lead Hazard Abatement Awarded: 6/25/76 $ 81,000 To develop a system utilizing commercially available heat-shrinkable films to cover lead-based paint coated surfaces, particularly contoured surfaces, such as trim, to prevent child access to such surfaces. 26. H-2569 - Novatek, Inc, Title: Innovative Method for Lead Hazard Abatement Awarded: 6/24/76 $ 79,000 To develop a mechanical system which removes lead paint by an abrasive and collects both lead paint and abrasive for recycling the abrasive. H-2563 - Environmental Sciences Associates Title: Retrospective Study to Assess Environmental Variables Affected Blood Lead Levels Awarded: 9/29/76 $ 100,000 To analyze data from local child screening programs to determine which factors contribute to higher blood lead levels. Rural and urban populations will be compared. C-5 -r DUP050033013 GRANTS 28. H-2550-RG - Louisville and Jefferson County Department of Public Health Awarded: 6/30/76 $ 118,657 Cooperative program with CDC/HEW to measure and improve the efficiency of local lead poisoning control programs by establishing training center. 29. H-2549-RG - Hew Haven Department of Health Awarded: 6/30/76 $ 124,526 Grant to analyze 5 year data base of health and housing data to determine those factors which contribute to incidence of elevated blood lead levels. 30. H-2548-RG - New York City Health Department Awarded: 6/30/76 $ 509,648 Grant for the evaluation of alternative intervention and lead hazard abatement technique for the control of childhood lead poisoning. Hi! C-6 DUP050033014 APPENDIX D * REPORTS BY THE NATIONAL BUREAU OF STANDARDS LEAD-BASED PAINT POISONING PREVENTION PROJECT $ ' ieM DUP050033015 APPENDIX D *M REPORTS BY THE NATIONAL BUREAU OF STANDARDS LEAD- BASED PAINT POISONING PREVENTION PROJECT Issue Date NBS Report Nature of the Lead Paint Poisoning 11/2/71 10499 izard 4entification of Previously Demontrated Lead Paint Poisoning Hazard ' Sanation Methods 11/5/71 10622 fo nuance Attributes for Analytical 11/5/71 10623 jthodology for Lead Based Paint jparation of Standard Lead Bearing (iples 11/11/71 10631 lentification of Potential Bldg, iterial Sources of Lead Poisoning 11/11/71 10632 ^pldtion Field Samples of Lead Based lint l|prt on the Social Factors Concerned JPfc. Planning Implementing a Lead (tint Hazard Elimination Program !F - fe'port on Literature Review, Surveys, mferences -- Lead Paint Poisoning lard Detection Methods 11/11/71 12/2/71 12/2/71 10633 10636 10649 i'tional Estimates of Lead Based Paint 12/7/71 !$isoning of Children 10651 ^{Evaluation of Lead Paint Removal 5 toxification Methods-Milestone Report (7a) 12/7/71 10652 model Estimate of the Incidence of 12/7/71 Paint Poisoning MMR ^fBffect of Data Aggregation in Modelling 12/7/71 10654 10653 5~~;|tteta Collection Assimilation for tin ILead Paint Poisoning Model l procedure s for Lead Paint Removal toxification: Guidelines and tributes D-1 12/7/71 10657 12/10/71 10658 DUP050033016 Title Issue Pate NBS Report # Report on Lead Based Detection Methods 12/28/71 10667 Chosen for Evaluation (Milestone Report lc) Experimental Evaluation of Analytical Methods for Determining Lead in Paint Building Materials Interim Report on Cost Analysis of Lead Paint Hazard Elimination Methods Lead Paint Detection in Residential Dwellings--A cost analysis Testing the Validity of Models to Predict the Incidence of Lead Paint Poisoning 1/6/72 1/72 2/72 9/19/72 10674 10679 10680 10917 --Ii ?: ') i 4 3- HB ' Final Report, Phase I, Lead Paint Survey Sampling Plan Preliminary Screening 11/22/72 10958 Comparison of Laboratory Methods for 12/15/72 10966 Determining Lead in Dried Paint Films Estimates of the Nature and Extent of Lead Paint Poisoning in the United States 12/72 NBS TN 746 The NBS Lead Paint Poisoning Project: Housing and Other Projects 2/73 NBS TN 759 Evaluation of Lead Paint Hazard Elimination Methods, Part II Milestone Report (7b) 3/73 NBSIR 74-127 P Hazard Elimination Procedures for Leaded Paints in Housing 5/73 NBS TN 770 Pilot Demonstration of Lead Based Paint Hazard Elimination Methods Report on Field Study No. 1 6/73 NBSIR 73-242 Analytical Methods for the Detection of Toxic Elements in Dry Paint Matrices--A Literature Survey 7/73 NBSIR 73-252 0-2 DUP050033017 rJL* '.'.i J ftle fgjt on a Pre-Test of a Survey Plan Estimating Incidence of Lead Based jpt iWey Plans and Data Collection and HRpds Methodologies: Results of Pre -survey for the Magnitude and rant of the Lead Based Paint Hazard ipQUSing Issue Date 12/73 1/74 ie Demonstration of Experimental Lead 6/7S pit Hazard Abatement Methods in Shington, D.C. Miiemonstration of Experimental Lead 12/75 pit Hazard Abatement Methods in Santa, Georgia Mtistical Analysis of Blood Lead pels of Children Surveyed in Lttsburgh, Pennsylvania: Analytical Ilhodology and Summary Results 4/76 _ *Jufvey Manual for Estimating the k^wincidence of Lead Paint in Housing 9/76 /Economic Analysis of Experiments 9/76 *ad Paint Abatement Methods: Phase I NB Report * NBSIR 73-407 NBSIR 74-426 NBSIR 75-761 NBSIR 75-974 NBSIR 76-1024 NBS TN 921 NBS TN 922 i ml D-3 DUP050033018 APPENDIX E LETTER TO ENVIRONMENTAL PROTECTION AGENCY ON NEW YORK CITY FINDINGS OCTOBER 6, 1977 DUP050033019 (*' O, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, 0. C. 20410 *"****> ***** r|CE o f Tm? a s s is t a n t s e c r e t a r y POLICY DEVELOPMENT AND RESEARCH OCT - 6 1977 IN REPLY REFER TO: Mr. Ernst Linde Science Advisory Board (A-101) U.S. Environmental Protection Agency Room 1018, Crystal Mall Building 2 1921 Jefferson Davis Highway Arlington, VA 20460 Dear Mr. Linde: We would like to communicate some preliminary research findings to EPA, and its Science Advisory Board Subcommittee on Scientific Criteria for Environmental Lead, for consideration at the October 7 meeting. !$88VK Analysis' of venous blood lead data collected by the New York City, Bureau of Lead Poisoning Control, was carried out by the Office of Policy Development and Research, U.S. Department of Housing and Urban Development, Dr. Anita Curran, New York City Department of Health and Dr. Douglas Shier, National Bureau of Standards. Our study has been discussed with the EPA staff responsible for the preparation of the Criteria Document and two of the consultants who the Science Advisory Board requested give assistance to the staff in the document preparation. All those consulted felt the results were of sufficient importance to the document and the SAB deliberations, that they be presented to the SAB, even in preliminary form and at this late date. Our study analyzed a data base of over 300,000 records of -first venous blood lead levels of children in New York City for the period from March 1970-December 1976. Out of the entire population, 25,305 samples were for confirmation of micro blood screening data, 178,588 were positively identified as first screening samples and 140,619 were not identified as either, but, probably are for first screening testing. Analysis was of the subsample positively identified as first screening tests. In addition to blood lead values, the records contained other identifying data about the child tested. Included are date of sampling, date of birth, ethnic group and sampling location. The data first was disaggregated into groups characterized by ethnic origin, bimonthly sampling date and age in years. Some additional H grouping also was made by sampling location. Analysis showed that log normal statistics provide an adequate description of the distribution of blood lead levels for the populations in these subgroups. Figures 1 and DUP050033020 2 show the cumulative distribution curves and the probability graphing for the log of the blood lead levels of 25-36 months old. Black children^ sampled in July and August of 1971 and 1976. These curves are typical of the other population groups and illustrate not only the log-normal Si behavior but the pronounced shift to lower lead levels with time. Values for the geometric mean (GM) and the standard geometric deviation were calculated for each of the characterized population subgroups. fill Analysis shows that the mean blood lead level is dependent upon ethnic group, age, month and year of sampling. Figure 3 is a typical Jillll plot of'mean blood lead level vs. sampling date for the sample of Black and Hispanic children, 25-36 months old. Plots for the other age groupings, 1-12, 13-24, 37-48, 49-60, 61-72 and 72+ months are similar but are'vertically displaced depending on age. The data for Whites are close to and slightly lower than Hispanics. in iii "I The mean blood lead level exhibits a cyclic seasonal behavior with a general downward trend with time. The seasonal peak in mean level almost always occurs- in July and August, in all cases the mean blood level for Hispanics is lower than that for Blacks, with the difference between them decreasing with year. An interesting observation which is common to all of the age groups is the unusually large rise in the mean blood lead level in the summer of 1973. The overall downward trend of the blood lead levels with time is more apparent in the variation of yearly averages of the mean blood lead level with year. The yearly average used is the arithmetic mean of the bimonthly geometric means for a given calendar year. Figure 4 shows the yearly average for 25-36 month old children. The graphs for other age groups are similar. li l != II The variation of the mean blood lead level with age can be seen in Figure 5. The data plotted are the average mean blood lead vs. age for the three ethnic groups. Blacks, Whites and Hispanics in 1971. Data of the other years are similar and as would be expected from the results reported above are vertically displaced according to year. The age dependence is similar for all years; the 1-12 month group is the lowest and generally with a maximum between 2 and 4 years but usually at 3. The graph again illustrates the difference in mean lead level with ethnic group. Blacks have the highest mean lead level, Hispanics lower and Whites the lowest but close to Hispanics. : U The final variable investigated was location, as Indicated by the New York Health District where the blood sample was taken. It might be assumed that a child would most likely go to a health facility near where he lived and those children going to the same health district would have similar environments. A problem with the analysis by location is that at this level of disaggregation the number of subjects in a given time, age, ethnic and location group is rather small. In order to increase the sample size the analysis was carried out on the 18-36 E-2 DUP050033021 1 jnth age group and several Health Districts' combined. The Health districts analyzed were selected for various mixes in ethnic composition h |P size of sample. Combination of Health Districts was on the basis of Biography and approximate constant ethnic mix. The locations are (11, ) Central and East Harlem, (15,16,17) Lower West Side, Riverside and ^JSjfashington Heights, (33) Brownsville, and (36,38,39) Williamsburg ^'-eenpoint. Red Hook and Sunset Park. The results are consistent with those presented earlier in that the piJ!gpanics show a lower mean blood lead level and there is a similar ^cyclic variation with a downward trend with sampling date. Figure '^compares the variation of the yearly averages for the different ^locations, for Blacks and Figure 7 -shows the same data for Hispanics. ^It is difficult to. arrive at firm conclusions about influence of location 'i;f^from these data. The most outstanding feature appears to be the more 'rapid decrease of the mean blood lead level with time in Brownsville, .'for both Blacks and Hispanics. The other observation which may be jppWn, at least prior to 1973, is that the mean blood lead levels in 'Manhattan were lower than those in Brooklyn, A major finding of our study is the yearly decrease of mean blood plead levels for all groups. Preliminary investigation has not identified 'significant decreases in possible sources of environmental lead with the .exception of air lead. Air lead data for New York City unfortunately is m-sparse. We were able to identify only one source of continuous air lead ^ISLlevels for the period covered by the blood lead data. The Energy Research and Development Agency has measured air lead on a monthly basis at a single location on the West Side of Manhattan, at an elevation of 56 meters, since 1963 (ERDA Environmental Quarterly Ddly 1, 1977, HASL-321). Figure 8 plots the bimonthly levels of lead in air for the same period as the blood lead data. Superposition of the air lead and blood lead data indicates similarity in the cyclic behavior and overall decline. It would be unwise to assume that the air lead level as measured at |one location in New York would be the same at all locations and that it |J$ the level to which the population is exposed. Location variations in plurces, traffic patterns, and meteorology, for example, would be expected |to change the local ambient levels. However, it is not unreasonable to J. ^assume that the measured ambient levels could be used a's a general ;indicator of trends for the entire city. Using this assumption we calculated Ithe linear regression equation I log (yearly GM blood) * A + B (yearly air lead) and found high correlations. Table 1 summarizes the values for A and B found. Figures 9 and 10 are plots of log (mean blood lead) variation with |ir lead for Blacks and Hispanics at 3 ages. The lines were drawn using the data from Table 1. These preliminary data show the long term trends of lead levels for various population groups and the apparent correlation E-3 DUP050033022 4 with air lead levels. We are now in the process of preparing the analw for publication and wish to emphasize its preliminary nature. However, i since our results provide significant findings which are absent from the Draft Criteria Document, we feel that they should be brought to the' attention of the SAB. Sincerely, HrA'MUk Irwin H. Billick, Ph.D. Program Manager Lead-Based Paint Poisoning Prevention Research Program Division of Housing Research a Attachments WWii- m E-4 DUP050033023 Table I Linear Regression ie Log (Yearly GM Blood Lead) * A + B (Air Lead) fc Group rite H Slacks .panic Age (Years) 1 2 3 4 5 6 6+ 1 2 3 4 5 6 6+ 1 2 3 4 5 6 6+ A 1.100 1.059 1.075 1.104 1.052 1.005 1.046 1.020 1.068 1.070 1.076 1.050 1.052 1.008 1.020 1.102 1.098 1.052 1.112 1.040 1.057 B. 0.145 0.221 0.232 0.193 0.228 0.266 0.217 0.283 0.292 0.295 0.277 0.288 0.274 0.301 0.164 0.194 0.216 0.264 0.199 0.246 0.228 Coefficient of Determination 0.47 0.75 0.60 0.70 0.76 0.77 0.75 0.84 0.92 0.98 0.98 0.99 0.95 0.99 0.63 0.75 0.86 0.79 0.93 0.94 0.94 E-5 -T--r- I DUP050033024 Figure 1 LEAD LEVELS BLACKS, 25-36 MONTH AGE GROUP JULY AND AUGUST SAMPLING Log (Blood Lead ug/100 ml) i mh llllli..... BLACKS, 25-35 MONTH AGE LEVEL JULY AND AUGUST SAMPLING E-7 DUPO50033026 Bi-Monthly Sample Date Figure 3 * Mean Blood Lead Level Micrograms/100 ml N) 4* O) 09 O N) 4* 0) 00 O N) E-8 DUP050033027 Figure 4 EARLY MEAN BLOOD LEVEL vs. YEAR 25-36 MONTH OLD DUP050033028 Figure 6* BLACKS 18-36 MONTHS VARIATION BY HEALTH DISTRICTS DUP050033030 Figure 7 HISPAIMICS 18-36 MONTHS 32 30 28 26 24 22 20 Health District 18 33 36, 38, 39 16 11,12 a 15,16,17 14 I______L E-12 - DUP050033031 AIR LEAD LEVELS vs. SAMPLING DATE NYC-ERDA DATA i DUP050033033 DUP050033034 APPENDIX F Taken from LEAD PAINT ABATEMENT COSTS: SOME TECHNICAL AND THEORETICAL CONSIDERATIONS Robert E. Chapman and Joseph G. Kowalski Applied Economics Program Building Economics and Regulatory Technology Division National Bureau of Standards Washington, D.C. 20234 Sponsored by the: Department of Housing and Urban Development December 1977 DUP050033035 APPENDIX *F DETAILS OF THE NATIONAL COST ESTIMATES Combining the results of this report with those of two recent publica tions, 2 has created an opportunity for estimating the national cost of lead paint abatement. The two reports by Shier and Hall report information on the percentage of dwelling units (by age and building type) which contain lead painted surfaces; they also provide informa tion on the average number of surfaces per dwelling unit which contain a given level of lead in paint. Such detailed information on the distribution of lead in dwelling units was not available before the two reports by Shier and Hall were published. It is important to recognize that such data is necessary if a meaningful national cost estimate is to be made, (A comparison of the results of the Pittsburgh survey to other cities is also necessary if the housing data is to be projected onto cities in other regions.) Hie results of the Pittsburgh survey and the cost estimation procedures of this report, provide a means for converting quantities of lead-based paint per dwelling unit into an estimate of the deleadihg Costs for that dwelling unit. This informa tion may then be projected onto regional and national scales. To do this, census data on the number of housing units by region, by age, and by building type is used. In Chapter 1. of the companion report Guidelines for Cost-Effective Lead Paint Abatement, we asserted that it would cost between $28 and $35 billion tp abate the lead-based paint hazard from the interiors of the Ration's housing stock. These figures are based on a set of assumptions detailing the amount of deleading work to take place and prevailing supply and demand conditions in the regional markets for labor and materials. 1 Douglas Shier and William Hall, Analysis of Housing Data Collected in Lead-Based Paint Survey in Pittsburgh, Pennsylvania Part I, National Bureau of Standards, Interagency Report 77-1250, May 1977. 2 Douglas Shier and William Hall, Analysis of Housing Data Collected in a Lead-Based Paint Survey in Pittsburgh, Pennsylvania Part II, National Bureau of Standards, Interagency Report 77-1293, June 1977. No estimate was made on the cost of abating the lead-based paint hazard from the exterior surfaces of a dwelling unit due to a general lack of information on the appropriate techniques for abatement, the cost of abatement, and the distribution of lead levels on exterior surfaces. It is important to point out that these figures do not include the costs of administering a nationwide lead paint abatement program. It will be shown in Section A.4 that including administration costs in the national estimate will increase the cost figures cited above by approximately 30 percent, F-l DUP050033036 The purpose of this appendix is to describe our method and assumptions With respect to our manipulation of (1) the Pittsburgh lead-based paint survey data,, (2) the EHEP Phase II cost models as applied to the results of (1), and (3) the Census of Housing data. This appendix will also present a summary of the national cost estimate broken down by region and type/age of housing. F-2 DUP050033037 A.l LEAD-BASED PAINT SURVEY DATA 1 ................. ........................... . y . i . i. . & The second Shier and Hall report is based On housing data collected it a sample of approximately 3300 dwelling units during 1974 and 1975 in gj' Pittsburgh, Pennsylvania, The findings of this report are summarized fn Ir three sets of tables. The first set of tables provides (for specified If lead levels) by age and building type ( singlefamily or multifamily) data on the number and fraction of dwelling units, rooms, and surfaces | that equal or exceed the specified lead level. Table A.l was derived K:- from the Pittsburgh survey results. The values of the dwelling unit || specific characteristics associated with each age/type category may be J|, thought of as characterizing a "statistical" dwelling unit of that age/ If type category. The percent at risk (dwelling units with lead levels ^ |j| equal to or exceeding the specified lead level, 2,0 mg/cm2 or 1,5 mg/cmz) t columns in Table A.l are calculated directly from the Pittsburgh survey I-' data. The number of square feet of wall area is based on the average II number of surfaces per dwelling unit at risk times an assumed value of f 96 square feet per surface (121 by 8*). The number oflinear feet of jr doors needing deleading is based on the average number of door surfaces H needing deleading at the specified lead level times 8 linear feet, (A f four"foot abatement height was assumed.) The number of linear feet of ; Windows reported in Table A.l is based on the average number of window surfaces per dwelling unit at risk at the specified lead level times \ an assumed value of 7 linear feet per Window* i.' I Finally the number of linear feet of baseboard trim assumes that base boards follow the lead distribution of windows and that the average number of rooms with lead painted windows will also contain lead paint on the baseboard trim. Forty-four linear feet of baseboard trim per room was assumed. This last mentioned procedure was necessary because the I tables presented in Shier-Hall report do not contain data on baseboards. S. (The 44-foot figure is based on empirical data established during EHEP.) In using the data in Table A.l to compile average deleading costs per dwelling unit, it was assumed that the smaller sets at risk (in percentage terms) were subsets of the larger sets at risk and that the largest per centage at risk for the three trim components held for all three of the trim components. Thus, for example, at the 1.5 mg/cm2 lead level, 78 per cent of all dwelling units had lead painted doors, windows and baseboards. All dwelling units (72 percent of the total) with lead painted walls were a subset within the 78 percent at risk for trim. This procedure maximizes the cost estimate per dwelling unit. A natural concern is whether the Pittsburgh survey results generalize to different regions in the country, i While it would certainly be desirable to have survey results as reliable K as those from Pittsburgh for different regions, there is some evidence I that the Pittsburgh results will not prove to be anomalous. Evidence of r: this is contained in the first Shier-Hall report. A much smaller leadr based paint survey (100 dwelling units) was undertaken in Washington, D.C. j; It was found that "in most instances the distributions for Pittsburgh and Washington follow quite similar shapes, [This] suggests that there F-3 i DUP050033038 TABLE A.1 DISTRIBUTION OF LEAD-BASED PAINT IN HOUSING BY TYPE AND AGE^ Linear V Dwelling % at Square % Linear % Linear Unit mg Lead Risk Feet at Feet at Feet % Feet at Base Type/Age Per cm^ (b) Walls Risk Doors Risk Windows Risk boards Single PreAO 2.0 62 450 71 33 1.5 72 469 78 34 71 31 77 33 71 116 77 122 Multi Pre40 2.0 61 454 68 32 1.5 73 447 72 33 68 26 73 27 68 102 73 107 t Single 2.0 37 359 27 21 27 24 27 93 40-59 1.5 50 353 45 24 34 24 34 93 Multi ' 2.0 21 384 29 14 29 15 29 73 40-59 1.5 29 381 46 15 28 15 28 76 Single 60-75 2.0 21 268 23 18 1.5 33 278 49 23 23 21 27 19 23 101 27 91 Multi 60-75 2.0 8 408 10 18 10 9 10 55 1.5 11 328 26 19 12 10 12 63 The upper set of numbers are associated with lead reading of 2.0 mg/cm^ while the lower set are associated with lead reading of 1.5 mg/cm^. (b) This column refers to the percent of all the building elements at risk listed in the column on the right. Source in Douglas Shier and William Hall, Analysis of Housing Data Collected in a Lead-Based Paint Survey in Pittsburgh, Pennsylvania Part II, National Bureau of Standards Inter agency Report 77-1293, June 1977, Appendix A. F-4 DUP050033039 is very little difference in the wall lead levels for the two cities; the most pronounced difference occurs for doors in pre 1940 units.* Figures A.l through A.4 are taken from the Shier-Hall report. Because of the dose correspondence between Pittsburgh and Washington case results, we believe that assuming the Pittsburgh results projected onto other regions will not produce distorted cost estimates. * Douglas Shier and William Hall, Analysis of Housing Data Collected in a Lead Based Paint Survey in Pittsburgh, Pennsylvania Part X, pp. 61-62. F-5 DUP050033040 F-6 DUP050033041 P igure A .l Cum ulative D is trib u tio n s (P itts b u rg h and Washington) fo r In te r io r W LEAD LEVEL (mg/cm2j  - ......... .... ... 1 DUP050033042 ' V-.---" LEAD LEVEL (mg/cm^j DUP050033043 LEAD LEVEL (m g /cm2J DUP050033044 LEAD LEVEL (m g /c m ^ j A. 2 DWELLING UNIT COST COMPUTATIONS --: ' ' tt Table A.l of the previous section provided the basic information necessary to exercise the EHEP/Phase II cost models. Several supplementary steps were required however, in order to fulfill the data requirements of the EHEP models. In this section we shall describe these steps. Since the national cost estimate is based on the aggregation of regional estimates* variations between regions in wage rates and material prices had to be introduced. Utilizing the cpst indices found in Building Con struction Cost Data, 1977* for labor and materials, it was possible to construct weighted average (weighted by the percent of the regions popu lation found in a given State) regional cost indices. All weights were computed using Boston, Mass, as the base point. The indices were then used to inflate or deflate the actual values of wages and material costs found in Boston for each technique in order to arrive at regional esti mates for wages and material costs. Data on the "statistical'* dwelling unit by age/type category (See Table A.l) were then used in conjunction with regional estimates of wage rates and material prices to generate an estimate for deleading the "statistical" dwelling unit. All estimates were calculated using the "policy analysis" routine of a computer time-sharing program based on the EHEP/Phase II cost models. This routine calculates the direct costs for each wall and trim technique based on the representative ("statistical") values of the key factors. These direct cost figures are then averaged. A markup ratio based on the representative values of the key factors is also calculated. (The markup ratio calculated assumes that, on the average, three dwelling units will be in each contract.) The markup ratio is then used to calculate the total cost (i.e. the sum of direct costs, overhead costs, and profit) of deleading the "statistical" dwelling unit. Figure A.5 shows the regional break downs used in making the national cost estimate. Tables A. 2 through A.5 summarize the expected cost per dwelling unit for each region for selected building types and ages. Robert S. Godfrey, ed,, Building Construction Cost Data, 1977, Robert S. Means, Inc., Duxbury, Massachusetts, 1976. F-10 DUP050033045 [y. DUP050033046 TABLE A,2 DWELLING UNIT ABATEMENT COSTS IN 1976 DOLLARS INCLUDING MARKUP FOR PRE 1940 MULTIFAMILY DWELLING UNITS (WALLS ONLY -- 2.0 mg lead/cm2) Region Gypsum Wallboard Plywood Paneling Cemen titious Veneer Coating Plaster Cement Fiber glass Vinyl Fabric Average New England 676 , 658 513 556 813 834 675 IENi Mid Atlantic East North Central 701 * 695 West North Central South Atlantic .< 657 566 679 591 638 873 834 719 Iv&t> * Jit c 675 567 614 855 836 707 I 'w 9'* C 645 475 515 783 830 651 594 425 453 744 791 596 | s -s I. East South Central 576 - 598 425 453 744 795 599 West South Central 513 567 430 450 747 764 579 Mountain 618 626 479 514 786 810 638 &C *? V <d; c * 8 I Pacific 649 656 613 655 890 805 711 The simple average of the six barrier techniques F-12 DUP050033047 TABLE A.3 DWELLING UNIT ABATEMENT COSTS IN 1976 DOLLARS INCLUDING MARKUP FOR PRE 1940 MULTIFAMILY DWELLING UNITS (ALL TRIM -- 2.0 mg lead/cm^) ? Region Hand Solvent Heat Gun Scraping Strip Infra-Red Average' 'New England 363 466 500 396 431 'Mid Atlantic 413 516 573 451 488 'East North Central 398 502 551 435 471 'i-.V sst North Central 338 442 464 369 403 South Atlantic 299 402 411 326 359 Hast South Central 300 403 411 327 360 West South ^ Central 297 400 410 324 358 1 Mountain 337 440 464 368 402 'IS Facifl<: I 421 526 590 462 500 a The simple average of the four paint removal techniques F-13 i DUP050033048 TABLE A.4 DWELLING UNIT ABATEMENT COSTS IN 1976 DOLLARS INCLUDING MARKUP FOR ERE 1940 SINGLE FAMILY DWELLING UNITS (WALLS ONLY -- 2.0 mg/cm2) Region Gypsum Waliboard Plywood Paneling Cemen titious Veneer Coating Plaster Cement Fiber glass Vinyl Fabric Averaj New England 69l 665 512 557 824 847 683 Mid Atlantic 716 686 591 641 885 847 728 East North Central 710 682 567 &6 867 849 715 West North Central 672 651 473 516 794 843 658 South Atlantic 579 600 423 452 755 804 602 East South Central 589 604 422 453 755 808 605 West South Central 525 572 427 450 757 776 585 Mountain 633 632 477 515 797 823 646 Pacific 663 663 614 658 902 818 720 M E C W c E. C w< G Mi Pi DUP050033049 TABLE A.5 DWELLING UNIT ABATEMENT COSTS IN 1976 DOLLARS INCLUDING MARKUP FOR PRE 1940 SINGLE FAMILY DWELLING UNITS (ALL TRIM -- 2.0 mg lead/cm2) Region Heat Gun Hand Scraping Solvent Strip Infra-Red Average New England 387 517 561 441 Mid Atlantic 444 576 645 505 East North Central 427 559 620 486 West North Central 358 489 519 409 Y South Atlantic 312 443 457 360 East South Central 313 444 458 360 West South Central 310 440 457 357 Mountain 356 487 519 408 Pacific 455 586 664 517 477 542 401 444 393 394 391 443 555 The simple average of the four paint removal techniques F-15 DUP050033050 A.3 HOUSING CENSUS DATA * The 1970 Census of Housing contains data on occupied dwelling units which cross tabulate for each tenure category the number of dwelling units by age and region.1 However, since the tenure data does not correspond to the single-family/multifamily classification used in the Pittsburgh survey, it was necessary to convert the tenure data by rely ing on data found in the census volume on Metropolitan Housing Charac teristics.. Table B-6 of that report contains for each of the four major regions cross tabulated data which report for each occupancy category the number of single-family units and multifamily units by age of dwelling unit. This data was used to establish percentage distribu tions of single and multifamily units for each occupancy category by age which was then used to convert the subregional age/tenure data into age/building type data. Tables No. 1261 and 1262 of the Statistical Abstracts" were utilized in a similar manner to derive estimates by region of the number of single and multifamily units constructed between 1970 and 1975. These data were added to the 1960-1970 data that were available in the 1970 Census of Housing. This permitted the most recent age category corresponding to the Pittsburgh survey data results to be included. Table A.6 resulted from these procedures. It was used to pro vide the basis of the estimates of the number of dwelling units at risk by region and age for each of the specified lead levels. Table A.7 presents the number of dwelling units at risk for walls with lead readings equal to or greater than 2.0 mg/cm2. The last step was to multiply the number of units at risk by the cost (including markup) of deleading the "statistical" dwelling unit. In order to arrive at a single cost figure per unit, the results from tables like Tables A.2 and A.4 were used to compute the weighted average cost per unit based on all of the six wall techniques and four of the trim techniques.(Component replacement was not used in these calculations because of its extreme cost.) Thus the product of the weighted average cost per dwelling unit for walls and trim (at a specified lead level) times the number of dwelling units at risk enabled us to arrive at regional estimates of the total cost of deleading walls and trim. Table A.8 is representative of these calculations. For both the 1.5 and 2.0 mg'/cm2 lead levels, there are six of these tables, one for each age/building type category. * U.S, Bureau of the Census, Census of Housing; 1970 Detailed Housing Characteristics Final Report HC(l)-Bl, United States Summary, Table22. 2 U.S. Bureau of the Census, Census pf Housing: 1970 Metropolitan Housing Characteristics Final Report HC, United States Summary, Table B-6. q U.S. Bureau of the Census, Statistical Abstracts of the United States: 1976, U.S. Department of Commerce, 97th ed., July 1976. ' ' F-16 DUP050033051 TABLE A.6 DISTRIBUTION OF DWELLING UNITS9 BY AGE AND REGION USED IN MAKING NATIONAL COST ESTIMATES Pre *40 Region Single '40-'59 Single eo-'is Single Pre '40 Multi '40-*59 Multi *60-*75 Multi PCT All Regional Dwell' Total ings NE 975.5 6.84.0 680.1 1083.4 231.5 453.0 4107.5 06. MA 3007.0 2245.3 1693.6 3457.8 1088.1 1322.8 12814.6 17. ENC 3517.7 3115.1 2567.2 2334.3 412,1 1482.0 13428.4 18. WNC 1674.4 1031.1 1072.8 981.5 367.0 594.0 5720.8 07, SA 2146.8 2901.5 3675.0 527.2 791.7 1646.0 11688.2 16, ESG 1061.0 1150.8 1164.8 241,0 303.4 421.1 4342.1 06. WSC 1319.6 2045,0 1864.7 299.4 550.8 781*6 6861.1 09, MT 518.2 890.0 921.7 205.7 199.8 612.3 3347.7 04. PAC 1507.1 2905.9 2385.8 735.9 870.9 1865.3 10270.9 14, NATIONAL TOTAL 15727.3 16968,7 16025.7 9866.2 4815.3 9178.1 72581.3 a In Thousands F-17 MM DUP050033052 TABLE A.7 NUMBER OF DWELLING UNITSa WITH A LEAD CONTENT ON WALLS OF 2,0 mg lead/cm2 OR MORE Pre '40 Pre '40 140-'59 '40-'59 Region Single Multi Single Multi '60-'75 Single *60-'75 Multi Regional Total NE 604,8 660,9 253.1 48.6 142.8 MA 1864,3 2109.3 ' 830.8 228,5 355.7 ENC 2181.0 1423*9 1152,6 86.5 539,1 WNC 1038.1 598.7 381.5 77.1 225.3 SA 1331.0 321.6 1073.6 166.3 771,8 ESC 657.8 147.0 425.8 63.7 244.6 WSC 818.1 182.6 756.6 115,7 391.6 MT 321.2' 125.5 329.3 42.0 193.6 PAC 934.4 448.9 1075.2 182,9 501.0 NATIONAL TOTAL 9750.7 6018.4 6278.5 1011,3 3365,5 36.2 105,8 118,6 47,5 131.7 33.7 62.5 49.0 149.2 < 1746.4 5494.4 5501.7* 2368,2 3796.0 1572,6 2327.6 1060,6 3291.6 734.2 27158,6 a In Thousands F--18 >.,,,,,, & ;:! x:;j $\ t:M-:'; !> " DUP050033053 TABLE A.8 * COST OF DELEADING PRE 1940 SINGLE FAMILY DWELLING ONITSa Region Wall Cost NE 412,9 MA 1356.6 ENG 1559.8 WNC 683.4 SA 801.3 ESC 398.1 WSC 478.2 MT 207.5 PAG 672.5 Trim Cost 329.9 1158.3 1306.2 527.3 599.0 296.6 366.5 162.9 594.6 Total Cost 742,8 2514.9 2866.0 1210.7 1400.3 694.7 844,7 370.4 1267.1 Fraction Pre '40 Nat. Cost .062 .211 .241 ,102 .118 .058 ,070 .031 .106 a In millions of 1976 dollar$ F--19 DUP050033054 A.4 THE NATIONAL COST ESTIMATES BY REGION, AGE, AND TYPE OF HOUSING The tables presented In this section represent the end product of * the previous three sections. They summarize,'for the 1,5 mg/cnr (Table A,10) and 2.0 mg/cur (Table A.9) levels, the national cost by region, age, and building type of deleading housing which contains lead-based paint. In addition to the costs of physically installing the lead-based paint abatement techniques, (Tables A.9 and A.10) there will be costs asso ciated with administering a lead-based paint program (Tables A.11 and A.12). In principle the costs of administering such a program must also be included in any assessment of the cost to the Ration of a program or plan to eliminate the lead-based paint hazard from housing. Administrative costs per dwelling unit are dependent upon the nature of a lead-paint abatement program. A program whose purpose is primarily aimed at identifying dwelling units with lead-based paint hazards and then attempting to achieve voluntary compliance to local health require ments will be quite different, in terms of administrative costs, from a program Which pursues a more active policy of undertaking the actual installation of the abatement technique when voluntary compliance can not be achieved. In the latter case administrative costs will also include the costs associated with administering the abatement contracts involving the installation of specific abatement techniques. A large number of administrative scenarios are possible. Each scenario will have associated with it different levels of administrative costs per dwelling unit. In order to achieve some order of magnitude estimate of administration costs we shall make the following assumptions! First, we shall not attempt to estimate the costs associated with any litigation that may be required t:o enforce compliance with a local housing code which specifies some hazardous level of lead-based paint in dwelling units. The liability problem has posed some difficult legal questions regard ing the responsibilities of building owners and occupants and conse quently will not be dealt with in this report. The reader interested in the legal implications of lead paint abatement policies is referred to the articles by Tepper1 and Sarb . Secondly, we shall assume that the primary administration costs are those associated with detecting lead-painted units, determining What corrective actions are called for, finding and selecting contractors, getting bids, and administering the actual contract. * R. Bruce Tepper, Jr., "Lead Paint Poisoning: The Response in Litiga tion," St. Louis University Law Journal, Vol. 19, Winter 1974* Thomas B. Sarb, "Lead Paint Poisonings Remedies for the HDD Low-Income Homeowner When Neglect is No Longer Benign," University of Michigan Journal of Law Reform, Vol. 8, Spring 1975* F-20 DUP050033055 Since little reliable data is available on the costs of administering what amounts to small rehab jobs in residential dwelling units, we have relied or. the experience of the Boeing team which administered the Experimental Hazard Elimination Program and on conversations with con tracting officials from local housing authorities in the Washington, D.C. area who have responsibility for administering rehabilitation contracts in residential units. The per dwelling unit administrative cost estimates of installing leadbased paint abatement techniques ranges from $250-$450 per dwelling unit. This range estimate includes the following administrative tasks: surveying dwelling units for the presence of lead-based paint, preparing specifications, making preliminary cost estimates, contacting con tractors and advertising for bids, conducting prebid conferences, reviewing bids, inspecting work in progress, administering progress pay ments, writing reports, and other miscellaneous administrative tasks. Table A.11 presents estimates of the national administrative costs associated with deleading dwelling units with a lead content on walls of 2.0 mg lead/cm2 or more. The estimates are broken down by the age of the dwelling unit and are estimated for the end points of the range and for the mid-point. As seen in Table A.11, administrative costs would rub from $6.8 billion to $12.25 billion. Another way of putting it is that when administrative costs are included, the cost of deleading the Nation's housing stock (2.0 mg lead/cm2) would range between 35 and 41 billion dollars. Estimates of the national administrative costs associated with the 1.5 mg/cm2 abatement criterion are presented in Table A.12. Administrative costs range from $8.7 billion to $15,6 billion. Total abatement costs are thus expected to range between $44 billion and $51 billion. F-21 DUP050033056 TABLE A.9 EXPECTED COST IN 1976 DOLLARS3,h OF DELEADING THE NATION'S HOUSING BY REGION AND AGE/TYPE OF HOUSING ~ ,2?D mg lead/cm2 * Region Pre '40 Pre '40 '40-'59 '40-'59 '60-'75 '60-'75 Single Multi Single Multi Single Multi Now England 742.8 763.8 207.7 44.0 120.1 29.6 Mid Atlantic 2514.9 2665.0 739.3 224.6 326,0 93.5 East North Central 2866.0 1754.9 1002,8 83.1 482.3 102.5 West North Cent ral 1210.7 658.7 299.5 66.6 180.8 37.1 South Atlantic . 1400.3 320.4 768.7 131.1 566.3 94,0 East South .Cent ral 694.7 147.0 306.0 50.4 180,1 24.1 West South Central 844,7 178.5 531.2 89,5 283.3 43.7 Percent Regional National Total Cost 1908.0 6.7 6563.3 23,1 6291.6 22.1 2453.4 8.6 3280.8 11.5 1402.3 4.9 1970.9 6.9 .Mountain Pacific 370.4 1267.1 136.4 255.4 35.9 154.Q 37.8 989.9 3.5 569.3 958.1 180.3 462.5 131.9 3569.2 12.7 NATIONAL TOTAL 11,911.6 (Percent) (41.2) 7194.0 5068.7 (25.3) (17.8) 905.5 2755.4 (3.2) (9.7) 594.2 28,429.4 100 (2,1) 3 In millions ^ Administrative costs are not included F-22 DUP050033057 ^ TABLE A.10 EXPECTED COST IN 1976 DOLLARSb' OF DELEADING TEE NATION' S HODSING BY REGIONS AND AGE/TYPE OP HODSING -- 1.5 mg lead/cm2 Region Pre '40 Pre * 40 '40-'59 *40-'59 '60-'75 '60-''75 Single Multi single Multi Single Multi Percent Regional National Total Cost New England 865.8 883.5 305.3 Mid Atlantic 2932.7 3080.1 922,8 East North Central 3341.8 2028.9 1357.2 West North Central 1410.7 762.3 405,3 South Atlantic 1629.1 370.9 1040.5 East South Central 808.4 170.2 414,3 West South Central 981.9 206.6 719.2 55.9 284.6 105.4 84.7 166.8 64.2 113,9 178,4 482.4 714.5 269.1 844.6 268,6 421,8 40.1 126.9 138.9 50.3 127.5 32.7 59.5 2329,0 7629.5 7686,7 2982,4 4179.4 1758.4 2502.9 6,6 22.3 21.9 8.5 11.9 5,0 7.1 Mountain 431.4 157.9 345.6 45.6 229,0 51.3 1260.8 3.6 Pacific 1476.7 657.8 1297,0 228.2 682.9 179.5 4522.1 12,9 NATIONAL TOTAL 13,878.5 8318.2 6807.2 1149.3 4091.3 (Percent) (39.6) (23,7) (19.4) (3,3) (11.7) 806.7 35,051.2 100 (2.3) a In millions b Administrative Costs are not included F-23 .J .1 i Sit. x 'l`.1..* 1 > DUP050033058 TABLE A, 1.1 ESTIMATED COSTS OF ADMINISTERING A NATIONWIDE PROGRAM TO DELEAD THE NATION'S HOUSING ~ 2.0 mg lead/cm2 Administrative Costs per Dwelling Unit Pre '40 Single National Costs" By Age/Type of Housing Pre '40 Multi '40-'59 '40-'59 Single Multi V60-*75 Single '60-'75 Multi Total $250 $350 $450 2,440 1,500 3,410 , 2,110 4,390 2,710 1,570 2,200 2,830 250 350 460 840 1,180 1,510 180 6,780 260 9,510 330 12,230 a In millions TABLE A.12 ESTIMATED COSTS OP ADMINISTERING A NATIONWIDE PROGRAM TO DELEAD THE NATION'S HOUSING -- 1.5 mg lead/cm2 > Administrative Cost per Dwelling unit Pre '40 Single National Cos ts" By Age /Ty pes of Housing Pre '40 Multi '40-'59 Single '40-'59 Multi '60-'75 Single *60-'75 Multi Total $250 $350 $450 2,830 1,800 2,120 350 1,320 250 8,670 3,960 2,520 2,970 490 1,850 350 12,140 5,100 3,240 3,820 630 2,380 450 15,620 a In millions F-24 .f m DUP050033059 A.5 CONCLUSIONS The installation of barrier materials or the removal of paint from trim surfaces are tasks which light rehabilitation or remodeling contractors have the capability of doing. Installing a barrier material is fundamen tally a remodeling task, e.g., installing gypsum wallboard or covering a wall with a vinyl fabric material. Paint removal from trim surfaces Is also a task which remodeling contractors are called on to do on occasion. Because of the great differences in housing characteristics throughout the Nation, and because the amount of deleading required varies between units, the cost of deleading a dwelling unit will vary widely from region to region and among techniques. In order for a national cost estimate to be reliable, it must be based on a method of estimation which is sensitive to the diversity of conditions discussed above. A credible estimate of the cost of deleading the Nation's housing stock can be made if we know how much lead paint exists and how much it will cost to delead specific dwelling units. Evidence on the quantity of lead paint: in housing is contained In the Pittsburgh survey while infor mation on the cost of deleading is contained in this report. Our results from the national cost estimates reported in this appendix are as follows: 1. The "incremental cost" of meeting a 1.5 mg/cm2 abatement criterion versus a 2.0 mg/cm2 abatement criterion is approximately $9.25 billion. In relative terms this represents an increase in national cost of almost 25 percent. 2. Almost half of the Nation's deleading cost burden is concentrated in eight States. Furthermore, this relationship holds both for the 1.5 mg/cm2 and 2.0 mg/cm2 abatement criteria. The eight States are located in the Middle Atlantic and East North Central regions. (See Figure A,6 for a detailed breakdown of the regional deleading cost burdens.) 3. The amount of deleading work required in any given dwelling unit remains fairly constant when the minimum abatement criteria is reduced from 2,0 mg/cm2 to 1,5 mg/cm2. The substantial increase in regional and national deleading costs experienced in going from the 2.0 mg/cm2 to the 1,3 mg/cm2 abatement criterion is therefore due almost entirely to additions to the stock of dwelling units "at risk." 4. The proportions of the Nation's deleading cost burden associated with the pre 1940 dwelling units declines only slightly (from 65 percent- to 61 percent) when the minimum abatement criterion is reduced from 2,0 mg/ern2 to 1.5 mg/cm2. This is true because the number of pre 1940 dwell ing units' "at risk" and the amount of deleading work they require exceed that of all post 1940 dwelling units. 5, The order of magnitude of deleading costs ($30-$50 billion) is roughly equivalent to the 1976 level of output of the remodeling and alteration construction sector. DUP050033060 APPENDIX G * ALTERNATIVE HAZARD-REDUCTION METHODS DEVELOPED OR EVALUATED"BY HUP RESEARCH 1. Asbestos-Cement Flexible Covering (H-2256R) This product is an inexpensive material suitable for lead hazard abatement particularly on wood trim. However, because of the current concern for the long-term hazards of asbestos this system is not being considered as a viable alternative. / 2. Fiber Glass Barrier (H-2261R) Development of two of the three potential systems has been completed. The first system, that of mineral-fiber sheet, has been dropped from further consideration. The mineral used was again asbestos and the matrix for mat sheet is polyvinyl chloride. In addition to the environmental hazard due to the asbestos, the potential of polyvinyl chloride to produce toxic fumes during a fire made this system unsatisfactory. The second system, a glass mat saturated with a resin binder (vinyl-ethylene emulsion and a carboxy-modifted vinyl chloride - vinylidene chloride-acrylic terpolymer) was developed through the laboratory stage, and installation techniques were developed by trial installations in older housing. The system meets the technical specifications but further development and evaluation was discontinued because the third barrier system being developed under this same contract appears to be more versatile and the projected installed costs are lower. 3. Spray-on Barrier of Fiber Glass (H-2283R) Five polyester-fiber glass systems were investigated, of which one could be selected as the most suitable. Tests in the HUD evaluation of the system indicated that the coating costs were not expensive and that the installed coatings were a suit able barrier for lead-based paint hazards. However, further development of the system is not being considered for the following reasons a. Application technology is too complicated for the Tabor normally used for hazard abatement or housing renovation. b. The spray equipment is top expensive for the limited market for hazard abatement and, therefore, the small contractor who typically does such work could not afford the capital investment. . . immmim.............................................................................................................. ... . DUP050033061