B. Federal Lead-Based Paint Enforcement Bench Book - National ...

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Fig. 16: Summary – Lead Safe Housing Rule 1 Evaluation and Risk Reduction Requirements Rule Subpart 72 FEDERAL LEAD-SAFE PAINT ENFORCEMENT BENCHBOOK Requirement HUD Housing Program Evaluation: Risk Reduction Measures: Federal Agencies Other than HUD C Disposition by an Agency LBP Inspection Risk Assessment Visual Assessment Paint Testing Ongoing LBP Maintenance - Pre-1960 X X X - 1960-77 X X D Project-based Assistance 2 X X Other Properties F HUD-owned Single Family Sold w/ HUD-insured Mortgage G Multifamily Mortgage Insurance 1. Currently Residential Paint Repair Paint Stabilization X X - Pre-1960 X X X - 1960-77 X 2. Conversions / Major Renovations X X H HUD Project-based Assistance 2 1. Multifamily @ >$5,000/unit/year X X X 2. Multifamily @ $25,000/unit X X X X K Acquisition, Leasing, Support Services or Operation X X X L Public Housing 2 X X X X M Tenant-based Rental Assistance 2 X X X 1 24 C.F.R. Part 35, Subparts B-R. 2 Also requires response to child with elevated blood-lead level. This chart is adapted from HUD’s Summary of Lead-safe Housing Rule Requirements, www.hud.gov/offices/lead/enforcement/lshr_summary.cfm. See also 24 C.F.R. § 35.100(c). See also HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, www.hud.gov/offices/lead/lbp/hudguidelines. Interim Controls Abatement of LBP Abatement of LBP Hazards
6. Federal Lead-Based Paint Enforcement Programs Acronyms and Abbreviations in this Chapter ALJ Administrative Law Judge AOC Administrative Order on Consent ATSDR Agency for Toxic Substances and Disease Registry AUSA Assistant United States Attorney CDC U.S. Centers for Disease Control and Prevention CHIP Child Health Improvement Project CLPPP Childhood Lead Poisoning Prevention Program DOJ U.S. Department of Justice EAB Environmental Appeals Board (EPA) EBLL Elevated Blood-Lead Level ENRD Environment and Natural Resources Division (DOJ) EPA U.S. Environmental Protection Agency FDA U.S. Food and Drug Administration HUD U.S. Department of Housing and Urban Development IRL Information Request Letter LBP Lead-Based Paint LBP Activities Rule Lead-Based Paint Activities, Certification, and Training Rule PRE Rule Pre-renovation Education Rule OECA Office of Enforcement and Compliance Assurance (EPA) OHHLHC Office of Healthy Homes and Lead Hazard Control (HUD) OPPTS Office of Prevention, Pesticides and Toxic Substances (EPA) RCRA Resource Conservation and Recovery Act RRP Rule Renovation, Repair, and Painting Rule SEP Supplemental Environmental Project Title X Title X of the Housing and Community Development Act of 1992 (also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992) TSCA Toxic Substances Control Act A. Introduction This chapter provides an overview of federal LBP enforcement programs, focusing primarily on Disclosure Rule enforcement. 532 As discussed in the foregoing chapters, a variety of federal laws impose enforceable obligations (generally, disclosure and performance standards) concerning LBP and LBP hazards, i.e.: • Title X and regulations there-under: 532 This discussion focuses largely on civil enforcement of the Disclosure Rule – and on EPA’s enforcement program. As discussed below, EPA’s and HUD’s enforcement programs are similar, but not identical. NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 73
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Federal Lead-Based Paint Enforcemen
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Foreword This bench book is written
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Detailed Table of Contents I. Intro
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Renovations in Dwelling Units in Ta
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3. Case Resolution.................
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1. Introduction A. Lead Poisoning a
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pervasive in buildings across the n
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2. National Commitment to Eliminate
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• The LSH Rule applies to federal
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Fig. 3: Authority to Administer & E
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Fig. 4: Federal, State, and Local L
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Acronyms and Abbreviations This boo
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“Target housing” means “any h
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In truth, federal entities (agencie
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Certified Statements Sellers and la
Page 31 and 32: Inspections EPA and HUD conduct ins
Page 33 and 34: 6. Effect on Contracts Section 1018
Page 35 and 36: 2. TSCA Lead-Based Paint Regulation
Page 37 and 38: “Lead-contaminated soil” means
Page 39 and 40: EPA published the LBP Activities Ru
Page 41 and 42: • Provisions for re-accreditation
Page 43 and 44: 2. State/Tribal Programs: LBP Activ
Page 45 and 46: On April 22, 2008, EPA published th
Page 47 and 48: e a company; partnership; corporati
Page 49 and 50: 4. Summary of Provisions Fig. 9: Su
Page 51 and 52: • Do not involve any prohibited w
Page 53 and 54: • In target housing (including th
Page 55 and 56: the test results and other informat
Page 57 and 58: 4-3. Effective and Implementation D
Page 59 and 60: Fig. 13: RRP Rule Implementation Da
Page 61 and 62: o Provide the pamphlet to an adult
Page 63: “HEPA vacuum” means a vacuum cl
Page 67 and 68: and the renovator performed (or dir
Page 69 and 70: 4-9. Firm Certification and Respons
Page 71 and 72: Fig. 15: RRP Rule “Grandfathering
Page 73 and 74: 4. Resource Conservation and Recove
Page 75 and 76: 2. Requirements EPA must make three
Page 77 and 78: 4-2. In re 17 th Street Revocable T
Page 79 and 80: federal lead hazard standard is 40
Page 81: program. The rule encompasses more
Page 85 and 86: Fig. 17: Enforcement Authority for
Page 87 and 88: EPA’s LBP enforcement and complia
Page 89 and 90: E. How Federal Enforcement Programs
Page 91 and 92: Enforcement Response Policy Title X
Page 93 and 94: 3. Case Resolution Administrative v
Page 95 and 96: dismissing EPA’s complaint. The E
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