Environmental Education Associates
New York State
Department of Health – United States Environmental Protection Agency (USEPA)
Lead Certification
Training Program
Description of
Lead Certification Training Programs
Environmental Education Associates offers US Environmental
Protection Agency (USEPA) certification training for Lead-Based Paint
Activities in Target Housing and Child Occupied Facilities under the Toxic
Substances Control act (TSCA) Section 402/404.
Environmental Education Associates lead-based paint certification
program is accredited by the United States Environmental Protection Agency for
presentation in the States of Alaska, Florida, Idaho, New Mexico, New York, South
Carolina and Tribal Lands in US Environmental Protection Agency Region 1 and Region 10.
Additionally, Environmental Education Associates is
accredited by the State of Washington Department of Community, Trade and
Economic Development (CTED) to present lead-based paint certification training
programs under the Washington
Administrative Code 365-230.
The US Environmental Protection Agency (USEPA) and State of
Washington CTED accreditations permit Environmental Education Associates to
present lead based paint certification training programs to those who are
conducting, or intend to conduct lead to perform lead-based paint activities in
the states of Alaska, Florida, Idaho, New Mexico, New York, South Carolina and
Tribal Lands in US Environmental Protection Agency Region 1 and Region 10 and
the state of Washington, respectively.
To be eligible for
certification to perform work as a lead-based paint professional in the states
of Alaska, Florida, Idaho,
New Mexico, New York, South Carolina and Tribal Lands in US Environmental
Protection Agency Region 1 and Region 10. you are required to attend an initial
training course in the discipline for which you are requesting certification.
Training courses must be through a training provider who has received
accreditation from the US Environmental Protection Agency.
Note:
Certification as a Lead-based Paint Risk Assessor requires attending the
Inspector and Risk Assessor training courses.
Experience and
Education – Most disciplines have specific education and/or experience
requirements. See the list below to determine if you meet the experience and/or
eligibility requirements for the discipline for which you are requesting
certification.
Certification
Examination – In addition to the course completion examination given at the training
course, certification in the lead abatement supervisor, lead inspector and lead
risk assessor disciplines requires that you take and pass an Environmental
Protection Agency certification examination. You must take and pass the
certification examination within six months of receiving a course completion
certificate. You may take the certification exam no more than three times
within that six-month period. If you fail to pass the certification exam within
six months of receiving your course completion certificate, you must
successfully retake the appropriate initial training and receive a new course
completion certificate prior to reapplying for certification with the US
Environmental Protection Agency.
To be eligible for
certification to perform work as a lead-based paint professional in the state
of Washington, you are required
to attend an initial training course in the discipline for which you are
requesting certification. Training courses must be through a training provider
who has received accreditation from the Department of Community, Trade and
Economic Development (CTED).
Note:
Certification as a Lead-based Paint Risk Assessor requires attending the
Inspector and Risk Assessor training courses.
Experience and Education
–
Most disciplines have specific education and/or experience requirements. See
the list below to determine if you meet the experience and/or eligibility
requirements for the discipline for which you are requesting certification.
Certification Examination – In addition to the course completion
examination given at the training course, certification in lead abatement
supervisor, lead inspector and lead risk assessor disciplines require that you
take and pass a WA state certification examination. You must take and pass the
certification examination within six months of receiving a course completion
certificate. You may take the certification exam no more than three times
within that six-month period. If you fail to pass the certification exam within
six months of receiving your course completion certificate, you must
successfully retake the appropriate initial training and receive a new course
completion certificate prior to reapplying for certification with this
department.
There are a total of five different Environmental Protection Agency (USEPA)
lead based paint certifications, including the lead abatement
worker, the lead abatement supervisor, the lead inspector, the lead risk
assessor and the lead abatement project designer.
There are a total of five different State of Washington CTED lead-based paint certifications, including
the lead abatement worker, the lead abatement supervisor, the lead inspector,
the lead risk assessor and the lead abatement project designer.
Each of these five lead-based paint certifications requires
a refresher every three years. Each lead-based paint certification refresher
training is one day (8 hours) in length.
Environmental Education Associates offers the lead abatement
worker, the lead abatement supervisor, the lead inspector and the lead risk
assessor certification initial and refresher training programs according to the
State of Washington and US
Environmental Protection Agency format:
Lead Abatement Worker – the initial lead abatement
worker certification course is two days (32 hours). US Environmental Protection Agency and State
of Washington lead based paint
regulations stipulate that any person employed on an lead based paint abatement
project whose duties involve the removal, repair, encapsulation or enclosure of
any lead based paint or lead hazards must hold an Lead Based Paint Abatement
Certification. The lead abatement worker course is specifically designed for
lead hazard control activities in residential single family and multiple unit
properties, including elevated blood level (EBL) health department ordered
projects, USHUD grant programs, public & Indian housing abatement programs
and military abatement projects. This course includes eight (8) hours of
practical exercises and concludes with a fifty (50) question exam. Those who
complete the lead abatement worker training are permitted a six month day
working grace period to apply to the US Environmental Protection Agency or the
State of Washington (as
appropriate) for an lead based paint abatement worker certification.
Lead Abatement
Supervisor Certification –
the initial lead abatement supervisor certification is four days (thirty-two
hours) in length. US Environmental Protection Agency and State of Washington lead based paint regulations stipulate that
any person who oversees and performs the supervisor duties detailed in the
Federal 24 CFR 745.227 and Washington
Administrative Code 365-230 regulations maintain the lead
abatement supervisor certification.
Topics include health effects, medical monitoring, personal protective
equipment, 'State of the Art' hazard control strategies, engineering controls,
legal liability, insurance considerations, supervisory practices and hazardous
waste disposal. This course includes sixteen (16) of practical exercises and
concludes with a one hundred (100) question exam. Those who complete lead supervisor
training are permitted a six-month working grace period to apply to the US
Environmental Protection Agency or the State of Washington
(as appropriate) for a lead based paint abatement supervisor certification.
NOTE: The lead abatement supervisor
certification training also meets US Housing and Urban Development (HUD) requirements
under the Lead Safe Housing Rule for firms that conduct interim controls on
Federally subsided housing when no other firm staff has completed lead safe
work practices training, provided that the lead abatement supervisor remain
on-site during all hazard control activities.
Lead Inspector Certification – the initial lead
inspector certification is three days
(24 hours). US Environmental Protection Agency and State
of Washington lead based paint regulations stipulate that any person who
conduct lead based paint inspection or surveys for lead based paint, including
those who collect paint samples, survey, record or express written information
on the presence or absence of lead in paint in target housing and child
occupied facilities as detailed in the
Federal 24 CFR 745.227 and Washington
Administrative Code 365-230 regulations. This course is
designed for individuals who perform lead based paint inspections as defined
under Title X, including lead inspections detailed in the US HUD 'Guidelines for the Evaluation and
Control of Lead Based Paint Hazards in Housing – 1995/1997'. Specifically, the inspector conducts surface
by surface investigations for the presence of lead-based paint in target
housing and child occupied facilities. Information obtained in this training
course will also be useful to those who perform lead paint investigations or
survey activities in childcare, commercial and industrial facilities.
Participants are instructed in the 'State of the Art' sample collection and
reporting methodology including use of x-ray fluorescence (XRF) onsite
monitoring instrumentation and atomic absorption spectroscopy (AAS) chip, wipe
and other material sampling. This course includes eight (8) hours of practical
exercises and concludes with a one hundred (100) question exam. Those who complete the lead inspector
training are permitted a six-month day working grace period to apply to the US
Environmental Protection Agency or the State of Washington
(as appropriate) for an lead based paint inspector certification.
NOTE: the Lead Inspector and/or risk assessor is
required for those who conduct clearance evaluation activities during lead
abatement as specified in the Federal
24 CFR 745.227 and Washington
Administrative Code 365-230 regulations
Lead Risk Assessor – the lead risk assessor
certification training is two days (16 hours) in length. This course is designed for individuals who
perform lead risk assessments, lead hazard screens, re-evaluation or bypass
lead hazard identification services as detailed in the US HUD 'Guidelines for the Evaluation and Control of Lead Based
Paint Hazards in Housing – 1995/1997' and in the Federal 24 CFR 745.227 and Washington
Administrative Code 365-230 regulations. This advanced program expands upon the
inspector curriculum to prepare attendees to conduct comprehensive site
investigations into potential sources of lead poisoning. The risk assessor is
expected to assist homeowners, tenants, multiple family dwellings
managers/owners and others in the real estate industry to identify and
contribute to the reduction of lead based paint in residential dwellings.
Attendees will be introduced to a variety of lead investigation practices
including hazard screen, EBL investigations, bypass hazard identification and
re-assessment. This course includes four (4) hours of practical exercises and
concludes with a one hundred (100) question exams. Those who complete the lead risk assessor
training are permitted a six month day working grace period to apply to the US
Environmental Protection Agency or the State of Washington
(as appropriate) for an lead based paint risk assessor certification.
NOTE:
A certified risk assessor is qualified to review the results of clearance
evaluation performed by a lead sampling technician during lead safe work
practices for interim controls.
NOTE: Certification as
a Lead-based Paint Risk Assessor requires attending the Inspector and Risk
Assessor training courses.
NOTE: the lead Inspector and/or risk assessor is
required for those who conduct clearance evaluation activities during lead
abatement as specified in the Federal
24 CFR 745.227 and Washington
Administrative Code 365-230 regulations
US Environmental Protection Agency Lead Based Paint
Training Requirements Summary
Lead-based Paint Activities Training and Certification
Rule. On August 29, 1996,
the Agency published a final rule for the certification and training of
lead-based paint professionals (61 FR 45778). At that time, the
implementation of the Federal program was delayed until August 29, 1998, to allow States and Indian
Tribes to apply and receive authorization to run their own EPA-approved
lead-based paint programs based on the model program that EPA provided.
After the Federal program became effective in non-authorized States and Tribes
on August 29, 1998, the
final rule also provided for an additional phase-in period for the requirements
for training program accreditation, individual and firm certification, and work
practice standards. After March
1, 1999, training programs could no longer provide, offer, or claim
to provide training or refresher training for lead-based paint activities
defined at section 745.223 without being accredited by EPA according to the
requirements of section 745.225. The rule also stated that after August 30, 1999, no individuals or
firms could perform, offer, or claim to perform lead-based paint activities as
defined at section 745.223 without certification from EPA under section 745.226
to conduct those activities.
Federal
Program Effective Date. The Federal program under 745 subpart L became
effective August
31, 1998, in all non-authorized States and Tribes. The
accreditation requirements at section 745.225 became effective March 1, 1999, and all
training providers must now be accredited by EPA to offer lead-based paint
activities courses in the Federal program. There were several unavoidable
delays, which slowed the process of approving a sufficient number of training
providers to accommodate the number of individuals seeking certification prior
to the August 30, 1999
date. Therefore, on August 6,
1999 EPA published an Amendment to the Final Rule to extend the
effective dates for certification of individuals and firms and use of work
practice standards to March 1,
2000. The federal program under 745 subpart L became fully
effective on March 1,
2000.
Fee
Rule. On June 9, 1999, the Agency published a final rule
establishing a fee schedule for training programs seeking accreditation and
individuals and firms seeking certification from the EPA-run Federal program
under the rules published in 1996 (64 FR 31092). The fees were developed
as required by TSCA section 402(a)(3) to recover the cost of administering and
enforcing the 402 requirements in unauthorized States and Tribes. The
final fee rule was effective on June 11,
1999.
Notification
Rule. On April 8,
2004, the Agency published a final rule which established
procedures to notify the Agency; 1) prior to commencement of
lead-based paint abatement activities, 2) prior to providing lead-based
paint activities training courses, and 3) following completion of lead-based
paint activities training courses. These requirements support the effort
of 40 CFR part 745 subpart L to ensure that lead abatement professionals are
trained and certified. The final notification rule is effective on May 10, 2004.
For
more information on the Federal training and certification program for lead
professionals explore the items below:
Contact
the National Lead Information Center (NLIC)
at 1-800-424-LEAD to receive a general information packet, order other
documents, or to speak with an information specialist.
Final Rules and
Policy in Effect
- Final Rule: Lead; Notification Requirements for Lead-based
Paint Abatement Activities and Training (4/8/2004):
- Sample Notification Forms in Fillable
PDF Format -- These forms are fillable and can be completed at your computer,
or printed to be completed by hand. Once the form is finished sign the
completed copy and send it to EPA following the instructions in the Fact
Sheet below.
- Fact Sheet - Final Rule Establishing
Notification Requirements for Lead-Based Paint Abatement Activities and
Training:
- Amendment to Final Rule: Lead; Requirements for Lead-Based
Paint Activities in Target Housing and Child-Occupied Facilities;
Certification Requirement and Work Practice Standards for Individuals and
Firms (8/6/99)
- Final Rule: Lead; Fees for Accreditation of Training Programs and
Certification of Lead-based Paint Activities Contractors (6/9/99)
- Final Rule - Lead; Requirements for Lead-Based Paint Activities (8/29/96):
- Authorization Status of States and
Tribes
- Interpretive Guidance for the Federal
Program, TSCA Sections 402/403
- Information on training courses and
the certification/accreditation process
Proposed Rules and Other Notices
- Proposed Rule: Lead; Notification Requirements for Lead-based
Paint Abatement Activities and Training (1/22/2001):
- Withdrawal of Final Rule: Lead; Fees for Accreditation of
Training Programs and Certification of Lead-based Paint Activities
Contractors (10/16/98):
- Final Rule: Lead; Fees for Accreditation of Training Programs
and Certification of Lead-based Paint Activities Contractors (9/2/98):
- Proposed Rule: Lead; Fees for Accreditation of Training
Programs and Certification of Lead-based Paint Activities Contractors (9/2/98):
- Proposed Rule - Lead; Requirements for Lead-Based Paint Activities
(9/2/94):
Residential Lead-Based Paint Hazard Reduction Act of 1992--Title X
Public Law 102-550
102nd Congress -- 2nd Session
[H.R. 5334]
102 P.L. 550; 106 Stat. 3672
1992 Enacted H.R. 5334; 102 Enacted H.R. 5334
DATE: OCT. 28, 1992 -- PUBLIC LAW 102-550
SEC. 1001. SHORT TITLE.
This title may be cited as the "Residential Lead-Based Paint
Hazard Reduction Act of 1992".
SEC. 1002. FINDINGS.
The Congress finds that --
(1) low-level lead poisoning is widespread among American
children, afflicting as many as 3,000,000 children under age 6,
with minority and low-income communities disproportionately
affected;
(2) at low levels, lead poisoning in children causes
intelligence quotient deficiencies, reading and learning
disabilities, impaired hearing, reduced attention span,
hyperactivity, and behavior problems;
(3) pre-1980 American housing stock contains more than
3,000,000 tons of lead in the form of lead-based paint, with the
vast majority of homes built before 1950 containing substantial
amounts of lead-based paint;
(4) the ingestion of household dust containing lead from
deteriorating or abraded lead-based paint is the most common
cause of lead poisoning in children; (5) the health and
development of children living in as many as 3,800,000 American
homes is endangered by chipping or peeling lead paint, or
excessive amounts of lead-contaminated dust in their homes;
(6) the danger posed by lead-based paint hazards can be
reduced by abating lead-based paint or by taking interim measures
to prevent paint deterioration and limit children's exposure to
lead dust and chips;
(7) despite the enactment of laws in the early 1970's
requiring the Federal Government to eliminate as far as
practicable lead-based paint hazards in federally owned,
assisted, and insured housing, the Federal response to this
national crisis remains severely limited; and
(8) the Federal Government must take a leadership role in
building the infrastructure -- including an informed public,
State and local delivery systems, certified inspectors,
contractors, and laboratories, trained workers, and available
financing and insurance -- necessary to ensure that the national
goal of eliminating lead-based paint hazards in housing can be
achieved as expeditiously as possible.
SEC. 1003. PURPOSES.
The purposes of this Act are --
(1) to develop a national strategy to build the
infrastructure necessary to eliminate lead-based paint hazards in
all housing as expeditiously as possible;
(2) to reorient the national approach to the presence of
lead- based paint in housing to implement, on a priority basis, a
broad program to evaluate and reduce lead-based paint hazards in
the Nation's housing stock;
(3) to encourage effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based
paint hazard evaluation and reduction and by ending the current
confusion over reasonable standards of care; (4) to ensure
that the existence of lead-based paint hazards is taken into
account in the development of Government housing policies and in
the sale, rental, and renovation of homes and apartments;
(5) to mobilize national resources expeditiously, through a
partnership among all levels of government and the private
sector, to develop the most promising, cost-effective methods for
evaluating and reducing lead-based paint hazards;
(6) to reduce the threat of childhood lead poisoning in
housing owned, assisted, or transferred by the Federal
Government; and
(7) to educate the public concerning the hazards and sources
of lead-based paint poisoning and steps to reduce and eliminate
such hazards.
SEC. 1004. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Abatement. The term "abatement" means any set of
measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by appropriate
Federal agencies. Such term includes --
(A) the removal of lead-based paint and
lead-contaminated dust, the permanent containment or
encapsulation of lead-based paint, the replacement of
lead-painted surfaces or fixtures, and the removal or covering of
lead contaminated soil; and
(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities associated with such
measures.
(2) Accessible surface. The term "accessible surface" means
an interior or exterior surface painted with lead-based paint
that is accessible for a young child to mouth or chew.
(3) Certified contractor. The term "certified contractor"
means --
(A) a contractor, inspector, or supervisor who has
completed a training program certified by the appropriate Federal
agency and has met any other requirements for certification or
licensure established by such agency or who has been certified by
any State through a program which has been found by such Federal
agency to be at least as rigorous as the Federal certification
program; and
(B) workers or designers who have fully met training
requirements established by the appropriate Federal agency.
(4) Contract for the purchase and sale of residential real
property. The term "contract for the purchase and sale of
residential real property" means any contract or agreement in
which one party agrees to purchase an interest in real property
on which there is situated 1 or more residential dwellings used
or occupied, or intended to be used or occupied, or intended to
be used or occupied, in whole or in part, as the home or
residence of 1 or more persons.
(5) Deteriorated paint. The term "deteriorated paint" means
any interior or exterior paint that is peeling, chipping,
chalking or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) Evaluation. The term "evaluation" means a risk
assessment, inspection, or risk assessment and inspection.
(7) Federally assisted housing. The term "federally assisted
housing" means residential dwellings receiving project-based
assistance under programs including --
(A) section 221(d)(3) or 236 of the National Housing
Act;
(B) section 1 of the Housing and Urban Development Act
of 1965;
(C) section 8 of the United States Housing Act of 1937;
or
(D) sections 502(a), 504, 514, 515, 516 and 533 of the
Housing Act of 1949.
(8) Federally owned housing. The term "federally owned
housing" means residential dwellings owned or managed by a
Federal agency, or for which a Federal agency is a trustee or
conservator. For the purpose of this paragraph, the term "Federal
agency" includes the Department of Housing and Urban Development,
the Farmers Home Administration, the Resolution Trust
Corporation, the Federal Deposit Insurance Corporation, the
General Services Administration, the Department of Defense, the
Department of Veterans Affairs, the Department of the Interior,
the Department of Transportation, and any other Federal agency.
(9) Federally supported work. The term "federally supported
work" means any lead hazard evaluation or reduction activities
conducted in federally owned or assisted housing or funded in
whole or in part through any financial assistance program of the
Department of Housing and Urban Development, the Farmers Home
Administration, or the Department of Veterans Affairs.
(10) Friction surface. The term "friction surface" means an
interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
(11) Impact surface. The term "impact surface" means an
interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parts of door frames.
(12) Inspection. The term "inspection" means a surface-by-
surface investigation to determine the presence of lead-based
paint as provided in section 302(c) of the Lead-Based Paint
Poisoning Prevention Act and the provision of a report explaining
the results of the investigation.
(13) Interim controls. The term "interim controls" means a
set of measures designed to reduce temporarily human exposure or
likely exposure to lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary
containment, ongoing monitoring of lead-based paint hazards or
potential hazards, and the establishment and operation of
management and resident education programs.
(14) Lead-based paint. The term "lead-based paint" means
paint or other surface coatings that contain lead in excess of
limits established under section 302(c) of the Lead-Based Paint
Poisoning Prevention Act.
(15) Lead-based paint hazard. The term "lead-based paint
hazard" means any condition that causes exposure to lead from
lead- contaminated dust, lead-contaminated soil,
lead-contaminated paint that is deteriorated or present in
accessible surfaces, friction surfaces, or impact surfaces that
would result in adverse human health effects as established by
the appropriate Federal agency.
(16) Lead-contaminated dust. The term "lead-contaminated
dust" means surface dust in residential dwellings that contains
an area or mass concentration of lead in excess of levels
determined by the appropriate Federal agency to pose a threat of
adverse health effects in pregnant women or young children.
(17) Lead-contaminated soil. The term "lead-contaminated
soil" means bare soil on residential real property that contains
lead at or in excess of the levels determined to be hazardous to
human health by the appropriate Federal agency.
(18) Mortgage loan. The term "mortgage loan" includes any
loan (other than temporary financing such as a construction loan)
that --
(A) is secured by a first lien on any interest in
residential real property; and
(B) either --
(i) is insured, guaranteed, made, or assisted by
the Department of Housing and Urban Development, the Department
of Veterans Affairs, or the Farmers Home Administration, or by
any other agency of the Federal Government; or
(ii) is intended to be sold by each originating
mortgage institution to any federally chartered secondary
mortgage market institution.
(19) Originating mortgage institution. The term "originating
mortgage institution" means a lender that provides mortgage
loans.
(20) Priority housing. The term "priority housing" means
target housing that qualifies as affordable housing under section
215 of the Cranston-Gonzalez National Affordable Housing Act 942
U.S.C. 12745), including housing that receives assistance under
subsection (b) or (o) of section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f(b) or (o)).
(21) Public housing. The term "public housing" has the same
meaning given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(1)).
(22) Reduction. The term "reduction" means measures designed
to reduce or eliminate human exposure to lead-based paint hazards
through methods including interim controls and abatement.
(23) Residential dwelling. The term "residential dwelling"
means --
(A) a single-family dwelling, including attached
structures such as porches and stoops; or
(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit, and in
which each such unit is used or occupied, or intended to be used
or occupied, in whole or in part, as the home or residence of 1
or more persons.
(24) Residential real property. The term "residential real
property" means real property on which there is situated 1 or
more residential dwellings used or occupied, or intended to be
used or occupied, in whole or in part, as the home or residence
of 1 or more persons.
(25) Risk assessment. The term "risk assessment" means an
on-site investigation to determine and report the existence,
nature, severity and location of lead-based paint hazards in the
residential dwellings, including --
(A) information gathering regarding the age and history
of the housing and occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental
sampling techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(26) Secretary. The term "Secretary" means the Secretary of
Housing and Urban Development.
(27) Target housing. The term "target housing" means any
housing constructed prior to 1978, except housing for the elderly
or persons with disabilities (unless any child who is less than 6
years of age resides or is expected to reside in such housing for
the elderly or persons with disabilities) or any 0-bedroom
dwelling. In the case of jurisdictions which banned the sale or
use of lead-based paint prior to 1978, the Secretary, at the
Secretary's discretion, may designate an earlier date.
SUBTITLE A -- LEAD-BASED PAINT HAZARD REDUCTION
SEC. 1011. GRANTS FOR LEAD-BASED PAINT HAZARD REDUCTION IN TARGET
HOUSING.
(a) General Authority. The Secretary is authorized to provide
grants to eligible applicants to evaluate and reduce lead-based
paint hazards in priority housing that is not federally assisted
housing, federally owned housing, or public housing, in
accordance with the provisions of this section.
(b) Eligible Applicants. A State or unit of local government that
has an approved comprehensive housing affordability strategy
under section 105 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705) is eligible to apply for a grant
under this section.
(c) Form of Applications. To receive a grant under this section,
a State or unit of local government shall submit an application
in such form and in such manner as the Secretary shall prescribe.
An application shall contain --
(1) a copy of that portion of an applicant's comprehensive
housing affordability strategy required by section 105(b)(16) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12701 et seq.);
(2) a description of the amount of assistance the applicant
seeks under this section;
(3) a description of the planned activities to be undertaken
with grants under this section, including an estimate of the
amount to be allocated to each activity;
(4) a description of the forms of financial assistance to
owners and occupants of priority housing that will be provided
through grants under this section; and
(5) such assurances as the Secretary may require regarding
the applicant's capacity to carry out the activities.
(d) Selection Criteria. The Secretary shall award grants under
this section on the basis of the merit of the activities proposed
to be carried out and on the basis of selection criteria, which
shall include --
(1) the extent to which the proposed activities will reduce
the risk of lead-based paint poisoning to children under the age
of 6 who reside in priority housing;
(2) the degree of severity and extent of lead-based paint
hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local,
and private funds to supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed
activities; and
(5) such other factors as the Secretary determines
appropriate to ensure that grants made available under this
section are used effectively and to promote the purposes of this
Act.
(e) Eligible Activities. A grant under this section may be used
to --
(1) perform risk assessments and inspections in priority
housing;
(2) provide for the interim control of lead-based paint
hazards in priority housing;
(3) provide for the abatement of lead-based paint hazards in
priority housing;
(4) provide for the additional cost of reducing lead-based
paint hazards in units undergoing renovation funded by other
sources;
(5) ensure that risk assessments, inspections, and
abatements are carried out by certified contractors in accordance
with section 402 of the Toxic Substances Control Act, as added by
section 1021 of this Act;
(6) monitor the blood-lead levels of workers involved in
lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced to
vacate priority housing while lead hazard reduction measures are
being conducted;
(8) educate the public on the nature and causes of lead
poisoning and measures to reduce the exposure to lead, including
exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead
levels of children under the age of 6 residing in priority
housing after lead-based paint hazard reduction activity has been
conducted, to assure that such activity does not cause excessive
exposures to lead; and
(10) carry out such activities that the Secretary determines
appropriate to promote the purposes of this Act.
(f) Forms of Assistance. The applicant may provide the services
described in this section through a variety of programs,
including grants, loans, equity investments, revolving loan
funds, loan funds, loan guarantees, interest write-downs, and
other forms of assistance approved by the Secretary.
(g) Technical Assistance and Capacity Building. --
(1) In general. The Secretary shall develop the capacity of
eligible applicants to carry out the requirements of section
105(b)(16) of the Cranston-Gonzalez National Affordable Housing
Act and to carry out activities under this section. In fiscal
years 1993 and 1994, the Secretary may make grants of up to $
200,000 for the purpose of establishing State training,
certification or accreditation programs that meet the
requirements of section 402 of the Toxic Substances Control Act,
as added by section 1021 of this Act.
(2) Set-aside. Of the total amount approved in appropriation
Acts under subsection (o), there shall be set aside to carry out
this subsection $ 3,000,000 for fiscal year 1993 and $ 3,000,000
for fiscal year 1994.
(h) Matching Requirement. Each recipient of a grant under this
section shall make contributions toward the cost of activities
that receive assistance under this section in an amount not less
than 10 percent of the total grant amount under this section.
(i) Prohibition of Substitution of Funds. Grants under this
subtitle may not be used to replace other amounts made available
or designated by State or local governments for use for the
purposes under this subtitle.
(j) Limitation on Use. An applicant shall ensure that not more
than 10 percent of the grant will be used for administrative
expenses associated with the activities funded.
(k) Financial Records. An applicant shall maintain and provide
the Secretary with financial records sufficient, in the
determination of the Secretary, to ensure proper accounting and
disbursing of amounts received from a grant under this section.
(l) Report. An applicant under this section shall submit to the
Secretary, for any fiscal year in which the applicant expends
grant funds under this section, a report that --
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of
inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which
lead- based paint hazards have been reduced through interim
controls;
(4) states the number of residential dwellings in which
lead- based paint hazards have been abated; and
(5) provides any other information that the Secretary
determines to be appropriate.
(m) Notice of Funding Availability. The Secretary shall publish a
Notice of Funding Availability pursuant to this section not later
than 120 days after funds are appropriated for this section.
(n) Relationship to Other Law. Effective 2 years after the date
of promulgation of regulations under section 402 of the Toxic
Substances Control Act, no grants for lead-based paint hazard
evaluation or reduction may be awarded to a State under this
section unless such State has an authorized program under section
404 of the Toxic Substances Control Act.
(o) Authorization of Appropriations. For the purposes of carrying
out this Act, there are authorized to be appropriated $
125,000,000 for fiscal year 1993 and $ 250,000,000 for fiscal
year 1994.
SEC. 1012. EVALUATION AND REDUCTION OF LEAD-BASED PAINT HAZARDS
IN FEDERALLY ASSISTED HOUSING.
(a) General Requirements. Section 302 of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4822) is amended --
(1) by striking the title of the section and inserting:
"REQUIREMENTS FOR HOUSING RECEIVING FEDERAL
ASSISTANCE";
(2) in the first sentence of subsection (a) --
(A) by striking "The Secretary" and inserting the
following:
"(1) Elimination of hazards. The Secretary"; and
(B) by inserting before the period "or otherwise
receives more than $ 5,000 in project-based assistance under a
Federal housing program";
(3) by striking the second sentence of subsection (a) and
inserting: "Beginning on January 1, 1995, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, and shall provide for appropriate
measures to conduct risk assessments, inspections, interim
controls, and abatement of lead- based paint hazards. At a
minimum, such procedures shall require --
"(A) the provision of lead hazard information
pamphlets, developed pursuant to section 406 of the Toxic
Substances Control Act, to purchasers and tenants;
"(B) periodic risk assessments and interim controls in
accordance with a schedule determined by the Secretary, the
initial risk assessment of each unit constructed prior to 1960 to
be conducted not later than January 1, 1996, and for units
constructed between 1960 and 1978 --
"(i) not less than 25 percent shall be performed
by January 1, 1998;
"(ii) not less than 50 percent shall be performed
by January 1, 2000; and
"(iii) the remainder shall be performed by January
1, 2002;
"(C) inspection for the presence of lead-based paint
prior to federally-funded renovation or rehabilitation that is
likely to disturb painted surfaces;
"(D) reduction of lead-based paint hazards in the
course of rehabilitation projects receiving less than $ 25,000
per unit in Federal funds;
"(E) abatement of lead-based paint hazards in the
course of substantial rehabilitation projects receiving more than
$ 25,000 per unit in Federal funds;
"(F) where risk assessment, inspection, or reduction
