HUD published its revised elevated-blood-lead rule on January 13, 2017. This January 14 retrospective examines that earlier action, which concerns children under six in covered federally owned or assisted pre-1978 housing. It is a housing-response framework with program-specific boundaries, not a new ambient-air standard or an assessment of every dwelling. [2017-00261]

The September 1, 2016 proposal describes the statistical reference: the blood lead level equaled or exceeded by 2.5 percent of U.S. children aged one to five in the national survey. At that time, the value was 5 micrograms per deciliter, compared with CDC’s former 10-microgram level of concern. The latter was not simply HUD’s previous environmental-intervention threshold. [2016-20955]

The final definition concerns a confirmed concentration in whole blood at or above the relevant Health and Human Services guidance level. It also specifies a process for subsequent changes: HUD would announce its intended use of a changed value, invite public comment and then publish a notice after considering comments. A change in health guidance would not silently rewrite the housing regulation overnight. [2017-00261]

Effectiveness was scheduled for February 13, with compliance on July 13. Those dates are different from publication and from a child’s test date. The two documents form one HUD rulemaking chain. Together they explain why a reference value can trigger investigation without certifying the safety of a home or establishing a medical recommendation for an individual child. [2017-00261][2016-20955]

Source documents

  1. Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead Levelshttps://www.govinfo.gov/content/pkg/FR-2017-01-13/html/2017-00261.htm
  2. Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead Levelshttps://www.govinfo.gov/content/pkg/FR-2016-09-01/html/2016-20955.htm