NOTICES
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Statement of Inadequate Capacity to Comply with the Lead Safe Housing Regulation
Organization: PA Department of Community and
Economic DevelopmentAddress: DCED
Center for Community Building
Office of Community Development
Room 502 Forum Building
Harrisburg, PA 17120
Date: October 23, 2000
[31 Pa.B. 653] David E. Jacobs, Deputy Director
Office of Healthy Homes and Lead Hazard Control
U.S. Department of Housing and Urban Development
451 Seventh Street, S.W., Room P-3206
Washington, DC 20410Dear Mr. Jacobs:
Subject: New HUD Lead-Based Paint Regulations
The U.S. Department of Housing and Urban Development (HUD) promulgated a new regulation on September 15, 1999 (64 FR 50140) establishing requirements for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving Federal assistance (Lead Safe Housing Regulation). The Lead Safe Housing Regulation, which is at 24 CFR Part 35, takes effect on September 15, 2000 at which time all affected parties must comply. A transition assistance process has been established to accommodate situations where trained contractors and licensed personnel, qualified to carry out required lead-based paint activities, are unavailable or not available at a reasonable cost in the jurisdiction. If the chief elected or appointed official of the local government, State or Indian Tribe, or a senior official designated to act on his or her behalf, such as the official who signs the Annual Consolidated Action Plan submitted to HUD for the jurisdiction, makes a statement of inadequate capacity to HUD by November 15, 2000, HUD will conclude that the jurisdiction is not required to comply with the Lead Safe Housing Regulation during a transition assistance period which begins on September 15, 2000 and ends on March 15, 2001. If the claim is based on unreasonable cost, such request must be documented by an analysis of actual bids.
The Commonwealth of Pennsylvania hereby (jurisdiction of general local government, State or Indian Tribe) states the following:
1. As of the date of this letter, the types of trained, licensed (certified) or accredited personnel or firms checked below are either not available in sufficient numbers or are not available at a reasonable cost in this jurisdiction to make it practicable to comply with the lead-based paint hazard evaluation and reduction requirements of the Lead Safe Housing Regulation.
(Check services that apply. If different designations are used in your State, please check those that most closely correspond.)
x Interim controls workers trained in accordance with the new HUD requirements at 24 CFR § 35.1330(a)(4). x Trained or certified lead paint sampling technicians or clearance technicians x Certified lead-based paint inspectors or risk assessors. x Certified lead-based paint abatement supervisors. x Trained or certified lead-based paint abatement workers Other personnel or firms (specify)______ It is recognized that there are a number of HUD assisted programs covered by 24 CFR Part 35 and the availability of trained or certified staff may affect one requirement in one program or type of assistance and not the requirements in another program or type of assistance. Capacity does not exist to comply with the following requirements in the following programs or types of assistance:
Trained, licensed(certified) or accredited personnel and firms for testing, assessments, inspections, interim controls, safe work practices, abatement, and clearance activities in all of the Commonwealth's HUD Programs that trigger applicability to the lead based paint requirements of 24 CFR Part 35, September 15, 1999.
2. The Local or State government or Indian Tribe acknowledges:
(a) that the cost of training staff and contractors in skills necessary to comply with the rule or to obtain certification to satisfy the requirements of Federal or State lead-based paint requirements is an eligible expense under the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program;
(b) that the Lead Listing, which is a State-by-State listing of firms providing certified lead-based paint personnel, including inspectors, risk assessors, abatement supervisors, and abatement workers, can be accessed via a toll-free telephone number (1-888-LEADLIST) or an Internet web site (www.leadlisting.org);
(c) that assistance in determining what lead-based paint personnel are required and in identifying trained and/or certified firms or personnel can be obtained from HUD lead-based paint hazard control grantees, the State agency responsible for certifying lead-based paint personnel, or (for States that do not have an EPA-authorized program) the U.S. Environmental Protection Agency (see attached listing of Lead-Based Paint Grantees and State and EPA offices).
(d) that a wide variety of training courses are available through the HUD website (www.hud.gov/lea), including: courses on lead-safe work practices for renovators, remodelers, and maintenance personnel developed in collaboration with the National Apartment Association, the National Association of the Remodeling Industry, the National Environmental Training Association and others; a course on clearance testing procedures, developed with the Environmental Protection Agency; a web-based training course on visual assessment of paint condition; and training programs on the Lead Safe Housing Regulation for HUD assisted housing, such as Section 8 housing and housing receiving funds from the Community Development Block Grant program and others.
(e) that the transition period ends on March 15, 2001. And that if at the end of the Transition Period, there remains a lack of capacity by trained or licensed professionals to conduct activities required by the Lead Safe Housing Regulation, the jurisdiction will provide documentation, for HUD's consideration, to justify an extension of the transition period consistent with their Annual Consolidated Action Plan schedule.
3. The Commonwealth of Pennsylvania [Local or State government or Indian Tribe] will take the necessary steps to ensure that an adequate supply of personnel or contractors will be available no later than March 15, 2001 so that the jurisdiction can comply with the requirements of the Lead Safe Housing Regulation at that time. These steps will be explained in the Transition Implementation Plan which will be submitted to HUD by December 15, 2000 at the latest. The plan must include the following: (1) an assessment of actual existing capacity and the additional number and type of personnel that need to be trained and/or certified; (2) how training will be obtained; (3) how assisted housing with the greatest risks and greatest opportunity to control lead-based paint hazards will be prioritized using existing personnel or contractors; (4) how coordination with the State agency responsible for certification of lead hazard control personnel will be achieved; and (5) a schedule of activities that will enable the jurisdiction to obtain compliance as rapidly as possible, but no later than March 15, 2001. The jurisdiction agrees to make the plan publicly available.
4. A copy of this statement and the Transition Implementation Plan will be sent to the State agency responsible for the lead-based paint certification program or to the regional EPA office if EPA is operating the lead-based paint certification program directly at the same time it is sent to HUD.
5. The Commonwealth of Pennsylvania (Local or State government or Indian Tribe] will take the necessary steps to ensure that this statement and the Transition Implementation Plan will be circulated to and reviewed by local officials with responsibility for housing and public or environmental health in the State or locality.
6. Between September 15, 2000, and March 15, 2001, the local or State government or Indian Tribe will comply with the relevant requirements of the HUD lead-based paint regulations that were effective before September 15, 2000. It will also comply with the parts of the new Lead Safe Housing Regulation covering prohibited methods of paint removal (at 24 CFR 35.140) and occupant protection (at 24 CFR 35.1350).
I hereby state that trained, licensed (certified) or accredited personnel or firms are either not available in sufficient numbers or are not available at a reasonable cost in Commonwealth of Pennsylvania [Local or State government or Indian Tribe] to make it practicable to comply with the lead-based paint hazard evaluation and reduction requirements of the Lead Safe Housing Regulation. between September 15, 2000 and March 15, 2001.
Sincerely,
__________
(signature of chief elected or appointed official of the jurisdiction of general local government, State or Indian Tribe, or a senior official designated to act on his or her behalf)
Samuel A. McCullough
typed name of official of the jurisdiction of general local government, State or Indian Tribe, or a senior official designated to act on his or her behalf)
Secretary, Department of Community & Economic
Development
(title)
_________________
(if the jurisdiction is a State or Indian Tribe, signature of individual responsible for the EPA-authorized lead-based paint certification program (if the State or Indian Tribe has such a program)
Johnny Butler
(typed name of individual)
Secretary, Department of Labor & Industry
(title)
TRANSITION IMPLEMENTATION PLAN Needs Assessment
A. Analysis of Current Capacity
To assess the current capacity in Pennsylvania to comply with the new lead based paint regulations, three attachments are included which indicate the number of risk assessors and companies certified by the Pennsylvania Department of Labor & Industry (L&I), the companies in Pennsylvania providing lead hazard evaluation services, and the HUD lead hazard control grantees.
Other than the southeastern and southwestern parts of the state, there are not nearly the number of accessible individuals or companies available relative to the foreseen need to assess, test, complete the required work, and clear the properties to achieve compliance with the new lead based paint lead hazard reduction regulations. And even in the southeastern and southwestern parts of the state, the capacity is not sufficient to meet the demand for all the HUD programs where the regulations are applicable.
In Pennsylvania, the PA Department of Community and Economic Development (DCED) administers the CDBG Program for non-entitlement areas of the Commonwealth on a state mandated formula (only one in the nation), similar to the direct federal entitlements. Over 200 grant contracts are executed every fiscal year, to grantees located in 54 of the Commonwealth's 67 counties. Over 2,000 housing rehabilitation projects are completed each year by these state entitlement grantees, through CDBG or HOME Program funding. Consequently, there is an enormous need to provide accessible capacity in all areas of the state to bring these properties into compliance with the new lead based paint regulations. In addition, the Commonwealth provides some HOME Program funding to some grantees in the 13 metropolitan counties. Also, the Pennsylvania Housing and Finance Agency (PHFA), receives a portion of the Commonwealth's allocation of HOME funds through DCED for multifamily and single family housing, serves as contract administrator for Section 8 projects, and allocates federal low income housing tax credits where units with households holding Section 8 vouchers or certificates must comply with the new regulations. The magnitude of these PHFA programs and projected number of units is detailed in the attachment titled PHFA Programs.
B. Estimate of Needed Capacity
To determine what capacity is actually needed across the entire state to comply with the new regulations is the task that will be completed in the next few months. DCED will be conducting tasks force meetings across the state to receive input on the number of risk assessors/inspectors, clearance technicians and companies that will be needed. It is envisioned that in rural counties (in some instances several counties working together) that one to three risk assessors/inspectors, three to five clearance technicians, and as many contractors that can be attracted into completing the training will be needed to comply with the requirements. The more urban counties will require more of each of these given the increased number of units that will require compliance.
Implementation Plan to Achieve Capacity
DCED, in cooperation with Pennsylvania's Departments of Public Welfare, Labor & Industry and Health, will be exploring ways to utilize existing certified training providers and to provide incentives to expand the pool of providers across the Commonwealth. Presently, the Department of Public Welfare operates a Lead Abatement Training Center in Danville that provides training in all facets of compliance with the EPA regulations dealing with lead based paint, and participants completing the training then process through the L&I for licensing and certification. This Center trains state and municipal government agencies and nonprofit community based programs, not private companies. Through expansion of this Center, contracting with private sector training providers or HUD contracted trainers, we will locate additional training providers. Pennsylvania's CDBG 1% TA set-aside, our local grantees' CDBG funds, and any existing or additional funds HUD may make available, will be considered for financing costs to expand the training providers.
Training opportunities will be provided at various locations across the state for risk assessors, inspectors, clearance technicians, workers and supervisors. Outreach to promote the training will occur through DCED and the other state agencies to local CDBG, HOME and ESG grantees and to local housing and redevelopment agencies across the state. Because the overwhelming number of affected housing units that are affected by the new regulations are assisted with $25,000 or less of federal funds, the training of contractors can be accomplished with a minimal time and cost, utilizing one day courses like The Remodeler's and Renovator's Lead Based Paint Training. This is in contrast to the two to four days to be trained as workers and supervisors in accordance with the EPA regulations, and then licensed and certified as abatement contractors through the L&I.
Where cooperation is feasible with the few local HUD Lead Hazard Control grantees, this will be explored. Also, as progress is made in getting the appropriate individuals and contractors trained, and we are better able to assess our capacity, consideration will be given to assisted housing with the greatest risks.
The Commonwealth has developed a projected schedule to achieve capacity by March 15, 2001. The upcoming lead based paint training by HUD, through Dennison Associates at five sites in November and December 2000, and the task force meetings mentioned previously will help us to assess with the grantees in Pennsylvania the capacity needs and options to address those needs.
We envision expanding the pool of training providers in the next few months and then conducting the training forrisk assessors, inspectors, workers, supervisors, and clearance technicians. HUD has agreed to conduct this training, however the earliest time frame was the spring of 2001. Obviously this will be too late as it closely coincides with the March 15, 2001 deadline to achieve capacity. Discussions with HUD continue to try to accomplish this training earlier. It is optimistic to believe that by March 15th there will be sufficient numbers of individuals trained or certified as risk assessors, inspectors, clearance technicians, and contractors in all areas of the state. Every effort will be made however to accomplish this and to keep HUD informed of our progress and needs.
Providers Who Offer Lead Evaluation
Services in PA[The U. S. Environmental Protection Agency (EPA) certifies lead service providers in states that do not operate their own EPA-authorized lead program. Consumers should confirm that the service providers they hire have current applicable certifications for the work they are to perform. See Part 6 of the Reference Guide for additional information.] [Note that certified Risk Assessors can also perform Lead Inspections.]
Affordable Services, Inc.
Phone: (877) 346-3532, (412) 401-8160
Fax: (877) 586-9476
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector OH, PA, WV Risk Assessor OH, PA, WV ALC Environmental Consultants
Phone:(215) 732-9499, (888) 789-8378
Fax: (215) 732-9559
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector DE, MD, NJ, NY, PA Risk Assessor NJ Bevilacqua Home Inspection Inc.
Phone: (800) 864-2674, (570) 348-5088
Fax: (570) 341-8775
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider
Inspector PA Risk Assessor PA Pro-Tech Environmental, Inc. (Pittsburgh)
Phone: (724) 933-6010
Fax: (724) 933-6003
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector OH, PA Risk Assessor OH, PA ENSPEC Environmental Safety Consultants, Inc.
Phone:(412) 279-9212, (412) 429-8582
Fax: (412) 279-9213
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector OH, PA, WV Risk Assessor OH, PA, WV D-Tech
Phone:(215) 233-5888
Fax: (215) 233-9499
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector PA Risk Assessor PA Atlantic Lead Consultants (Elkins Park)
Phone:(215) 379-5323
Fax: (215) 379-0941
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector DE, NJ, PA Risk Assessor DE, NJ, PA Arc Environmental, Inc.
Phone:(800) 999-5323
Fax: (410) 962-1065
Location of Telephone Number: MDLead Services Provided State(s) where Certifications are held by Provider Inspector DC, MD, PA, VA Risk Assessor DC, MD, PA, VA Environmental Options Group, Inc.
Phone:(610) 929-2883
Fax: (610) 929-5388
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector PA Risk Assessor PA NORAC Laboratory, Inc.
Phone:(814) 536-8506
Fax: (814) 535-2286
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector PA Risk Assessor PA LeadCo Inc.
Phone: (610) 359-9919
Fax: (610) 359-9918
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector PA Risk Assessor PA Northwest Environmental Services Inc.
Phone:(215) 549-4246, (215) 549-3586
Fax: (215) 549-4246
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider
Inspector PA Risk Assessor PA Mircon, Inc. d/b/a Connor Environmental Services & Engineering Assessments
Phone: (800) 296-7971, (410) 296-7971
Fax: (410) 296-3419
Location of Telephone Number: MDLead Services Provided State(s) where Certifications are held by Provider Inspector AK, AZ, CA, DC, DE, FL, GA, IL, MD, MT, NC, ND, NE, NJ, NM, NV, NY, PA, SC, SD, TN, TX, VA, WA, WY Risk Assessor AK, AZ, CA, DC, DE, FL, GA, IL, MD, MT, NC, ND, NE, NJ, NM, NV, NY, PA, SC, SD, TN, VA, WA, WY Criterion Laboratories, Inc.
Phone: (215) 244-1300
Fax: (215) 244-4349
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector NJ, PA Risk Assessor NJ, PA LEW Corporation (NJ)
Phone: (800) 783-0567, (973) 535-1973
Fax: (973) 994-9528
Location of Telephone Number: NJLead Services Provided State(s) where Certifications are held by Provider Inspector DE, NJ, NY, PA, VI Risk Assessor DE, NJ, NY, PA, VI E & M Environmental, Inc.
Phone: (724) 942-8311, (724) 542-7580
Fax: (724) 942-0645
Location of Telephone Number: PALead Services Provided State(s) where Certifications are held by Provider Inspector PA Risk Assessor PA HUD Lead-Based Paint Grantees
Allegheny County Bruce L. Good Allegheny County Health Dept. 1300 Brighton Rd. Pittsburgh PA 15233 4123236853 Borough of Palmerton (Cat. B) Delores Ziegenfus Program Coordinator Borough of Palmerton, Lead Reduction Program Palmerton Env. Task Force 443 Delaware Ave., P. O. Box 198 Palmerton PA 18071 6108264804 City of Harrisburg Angela C. Smith Deputy Director for Housing Department of Building and Housing Development 10 North Second Street Martin Luther King, Jr., City Government Center Harrisburg PA 17101 7172556428 City of Philadelphia Court Daspit Energy Program Manager Office of Housing & Community Development 1234 Market St., 17th Floor Philadelphia PA 19146 2156869781 Commonwealth of Pennsylvania Jennifer Hightower Lead Hazard Control Project Manager Dept of Health, Childhood Lead Poisoning Prevention Prgm. Division of Maternal & Child Health PO Box 90, Health & Welfare Bldg., Room 725 Harrisburg PA 17108 7177838451 PHFA PROGRAMS
The following provides a general overview of multifamily and single family housing programs and properties involving the Pennsylvania Housing Finance Agency which may trigger the need for skilled entities and workers versed in the protocols set forth in the Final Rule. The Agency has been evaluating its existing and prospective portfolios and has undertaken a review of its records to determine when, how and to what degree its funding programs and existing portfolios will be impacted by the Final Rule.
Of immediate concern is that a number of properties will require the identification of skilled/trained/certified workers for each of the various stages of the Final Rule all at the same time. Our analysis has shown that in many jurisdictions, no expertise or experience exists. In our opinion, no jurisdiction of the Commonwealth has an adequate supply of any of the various classes of skilled workers dictated by the Final Rule protocol. Even in some of the participating jurisdictions which have a number of certified companies or individuals, the actual number of workers does not begin to address the demand, the competition for such workforce will be fierce and such competition will effectively prevent many affected properties from having access to workers.
We have attempted to identify with specificity the number of units which will be directly or indirectly impacted. Because PHFA is a statewide housing provider, all areas of the Commonwealth (including both participating and nonparticipating jurisdictions) are covered by this analysis. Please note, we have attempted to include only those units we believe may be impacted by the Final Rule, but we may not have adequate records on site to determine actual applicability (based on age of housing stock or the type of occupancy.)
Specific programs discussed include - PHFA's Section 8 program, PHFA's production programs (PennHOMES and Tax Credits) and the HOME funded Single Family Closing Cost Assistance program.
We have also attached several spreadsheets delineating characteristics of the Commonwealth's housing stock. These statistics are derived from 1990 census data and are broken out by county.
PHFA Section 8 Portfolio
PHFA has approximately 150 Section 8 projects for which we serve as contract administrator. Of this portfolio, we have identified approximately 30 properties that will be immediately impacted by the Final Rule (because the buildings were originally constructed prior to 1978 and the properties are available for general occupancy.)
The Agency has statewide housing jurisdiction for the Section 8 set aside program. The affected projects are located throughout the Commonwealth, in both participating and nonparticipating jurisdictions.
PennHOMES Multifamily Housing Program
PHFA provides funding for the renovation, rehabilitation, and new construction of affordable multifamily housing units each year through tax exempt and taxable mortgage financing and through a subsidized loan program funded with a combination of PHFA resources and federal HOME funds.
Since its inception in 1988, this program has provided funding for 10,240 units of affordable housing. Each year, approximately 900 apartment units of affordable housing throughout the Commonwealth are funded. A large number of these involve the rehabilitation of existing buildings. Some of these apartment units are not federally subsidized, and therefore, the Final Rule is not directly triggered. Many of the units funded in nonparticipating jurisdictions are assisted through the federal HOME program, and the Final Rule will be directly applicable.
Regardless of funding source, however, all affordable units funded through this programs must be made available for eligible households holding Section 8 certificates or vouchers. Accordingly, as a practical matter, all PHFA funded properties involving buildings originally constructed prior to 1978 must meet the requirements of the Final Rule and PHFA will require compliance with the new lead reduction standards to ensure ongoing project feasibility and that qualified persons with TBRA are not discriminated against.
Tax Credit Program
Each year the Agency allocates approximately $15,000,000 in federal tax credits to qualified multifamily housing units. The Tax Credit Program requires that owners receiving funding through the Program may not discriminate against eligible households holding Section 8 vouchers or certificates. Any unit in a building which was constructed prior to 1978 and occupied by an eligible household (with a child) holding a voucher or certificate must meet the new protocol set forth in the Final Rule.
Attached as TC-1 is a geographic breakdown of the units funded through the Tax Credit Program in Pennsylvania which may eventually be monitored for compliance with the Final Rule. (The Agency does not currently know which of these properties may be comprised of buildings built prior to 1978.) As the Final Rule becomes applicable to properties with TBRA, some of these units will require assessment, relevant reduction activity and clearance testing. (Please note, there is some overlap between the PHFA PennHOMES portfolio and the tax credit program portfolio.)
NonPHFA multifamily housing portfolios
As DCED, PHFA and other state and local governments begin to struggle with the implementation pressures of the Final Rule within their own housing programs and portfolios of properties, other properties will also be clamoring for the skills of certified assessors and workers. There are more than 48,736 federally subsidized housing units in Pennsylvania. Of this total, 11,816 are assisted under the Section 202 program (and may be exempt from the Final Rule). A yet to be determined number of these total units will require assessment, reduction and clearance activity under the Final Rule.
In addition, 317 multifamily apartment properties are assisted under the Rural Housing Programs. Again, a yet to be determined number of these rural properties will require assessment, reduction and clearance activity using the same workforce.
Single Family Closing Cost Assistance Loan Program
In addition to administering federal HOME funds for multifamily housing rehabilitation, the Agency provides closing cost and down payment assistance to persons of low income purchasing new and existing housing in nonparticipating jurisdictions throughout the Commonwealth. These loans do not exceed $15,000 per household. Although these loans may be provided to support the acquisition of new homes, the vast majority of the program funding supports the purchase of existing homes. (As in most areas of the country, existing homes may be more affordable than newly constructed housing.) The bulk (88%) of existing housing stock in Pennsylvania was built prior to 1979 (see the attached spreadsheet). Hence, we expect the impact of the Final Rule will be felt dramatically in the closing cost assistance program.
Our analysis shows that 71 of the 81 homes funded through the program last year would have been affected by Final Rule. The location of these homes is set forth on the attached map marked SF-1.
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