August
13,
2000
SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
(
ICR)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title:
TSCA
Sections
402/
404
Training,
Certification,
Accreditation
and
Standards
for
Lead­
Based
Paint
Activities
EPA
ICR
No.:
1715.03;
OMB
Control
No:
2070­
0155
1(
b)
Abstract
With
this
information
collection
request
(
ICR),
the
Agency
is
seeking
a
three­
year
extension
of
the
approval
for
the
information
collection
requirements
contained
in
the
regulations
addressing
training,
certification,
accreditation
and
standards
for
lead­
based
paint
(
LBP)
activities
in
target
housing
and
child­
occupied
facilities
(
hereafter,
the
"
training
rule"),
promugated
in
the
Code
of
Regulations
(
CFR)
as
40
CFR
part
745,
Subparts
L
and
Q.
The
Agency
promulgated
this
regulation
pursuant
to
sections
402
and
404
of
the
Toxic
Substances
Control
Act
(
TSCA).
Section
404
allows
any
state
that
seeks
to
administer
and
enforce
standards
and
regulations
comparable
to
those
developed
under
section
402
to
submit
an
application
to
EPA
for
authorization
of
a
State
program
(
Indian
Tribes
and
Alaskan
Native
Villages
may
also
submit
such
applications).

The
final
training,
certification,
accreditation
and
standards
regulation
requires
reporting
and/
or
recordkeeping
from
four
entities:
States/
Tribes/
Alaskan
Native
Villages
(
hereafter,
the
term
"
States"
includes
Tribes
and
Villages);
training
providers;
and
firms
and
individuals
engaged
in
LBP
activities.
The
following
sections
provide
a
general
overview
of
the
reporting
and
recordkeeping
requirements
for
each
entity,
discussed
in
more
detail
in
section
4(
b).

States.
Under
TSCA
section
404,
EPA
must
review
and
assess
State
submissions
to
determine
whether
to
grant
authorization
to
administer
a
program
addressing
training,
certification,
accreditation
and
standards
for
LBP
activities.
A
State
seeking
authorization
will
need
to
provide
information
to
EPA
so
the
Agency
may
determine
if
its
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
program
and
that
it
provides
adequate
enforcement.
States
authorized
for
this
rule
will
need
to
provide
a
report
to
EPA
on
their
activities.

Training
providers.
Training
programs
seeking
to
offer
training
in
LBP
activities
must
receive
EPA/
State
accreditation.
In
order
for
EPA/
States
to
have
the
information
necessary
to
evaluate
and
accredit
the
training
programs,
training
providers
will
need
to
prepare
and
submit
application
packages.
Training
programs
also
must
retain
certain
records
related
to
their
students
and
training
personnel
qualifications.
Training
programs
must
apply
for
re­
accreditation
every
three
years.

Individuals/
Firms.
Individuals
and
firms
seeking
to
engage
in
LBP
activities
must
receive
certification
from
EPA/
States.
To
gain
certification,
an
individual
must
RECEIVED
OPPT
NCIC
2003
July
25
9:
56AM
OPPT­
2003­
0047­
0002
August
13,
2000
2
complete
an
accredited
training
course
and
receive
a
course
completion
certificate,
pass
a
third­
party
certification
exam,
meet
specific
education/
experience
requirements,
and
demonstrate
this
to
EPA/
States.
A
firm
must
submit
a
letter
to
EPA/
States
certifying
that
it
will
employ
only
certified
individuals
and
conduct
LBP
activities
according
to
the
work
practice
standards.
Individuals/
firms
must
apply
for
re­
certification
every
three
years.
The
rule
also
requires
that
individuals/
firms
develop
and
retain
records
of
the
LBP
activities
they
undertake
to
demonstrate
compliance
with
standards
and
provide
a
written
record
for
future
reference.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Authority/
Need
for
the
Collection
Under
section
402(
a)(
1)
of
TSCA,
the
Agency
must
"...
promulgate
final
regulations
governing
lead­
based
paint
activities
to
ensure
that
individuals
engaged
in
such
activities
are
properly
trained;
that
training
programs
are
accredited;
and
that
contractors
engaged
in
such
activities
are
certified.
Such
regulations
shall
contain
standards
for
performing
lead­
based
paint
activities,
taking
into
account
reliability,
effectiveness
and
safety."

Section
402(
a)(
2)
states
that
"
Final
regulations
promulgated
under
[
section
402(
a)]
paragraph
(
1)
shall
contain
specific
requirements
for
the
accreditation
of
...
training
programs
...
including,
but
not
limited
to:

­
Minimum
requirements
for
the
accreditation
of
training
providers;
­
Minimum
training
curricula
requirements;
­
Minimum
training
hour
requirements;
­
Minimum
hands­
on
training
requirements;
­
Minimum
training
competency
and
proficiency
requirements;
­
Minimum
requirements
for
training
program
quality."

The
regulations
are
promulgated
as
40
CFR
part
745,
Subparts
L
and
Q.
A
copy
of
the
regulation,
as
well
as
the
statutory
provisions
mentioned
above,
is
attached
to
this
ICR
as
Attachments
A
&
B.

2(
b)
Use/
Users
of
the
Data
EPA.
This
information
collection
will
provide
EPA
with
the
materials
necessary
to
authorize
State
programs
as
TSCA
Title
IV
directs,
and
to
serve
as
the
accrediting
and
certifying
body
in
States
without
authorized
programs,
discussed
further
below.

EPA
and/
or
States.
This
collection
will
enable
EPA/
States
to
determine
compliance
with
and
enforce
the
requirements
for
training,
certification,
accreditation,
and
work
practice
standards.
Without
this
collection,
there
would
be
no
meaningful
way
of
ensuring
the
implementation
of
the
statutory
objective:
to
ensure
that
trained
individuals
perform
all
LBP
activities
to
minimize
harm
to
occupants
of
structures
and
other
parties.
August
13,
2000
3
The
work
practice
standards
in
the
rule
rely
on
reporting
and
record
keeping
as
a
check
on
proper
performance
of
activities;
the
Agency
chose
this
approach
over
promulgating
prescriptive
standards
for
the
conduct
of
LBP
activities.
The
rulemaking
provides
flexibility
for
individuals
performing
the
activities,
by
relying
on
guidance
and
training
to
help
individuals
determine
the
best
approaches
and
on
documentation
as
a
"
standard
of
performance."
The
Agency
believes
this
is
the
best
method
for
accommodating
a
variety
of
LBP
hazards
and
site­
specific
conditions.

It
is
the
nature
of
certification
and
accreditation
that
an
entity
seeking
such
must
provide
materials
to
the
certifying
or
accrediting
body.
The
materials
the
Agency/
State
requires
for
these
activities
are
central
to
the
activity.

It
is
also
important
to
note
that
the
re­
certification
and
re­
accreditation
requirements
for
individuals
and
training
programs
are
meant
to
ensure
that
training
programs
incorporate
new
developments
and
technologies
in
their
courses
and
that
individuals
receive
training
in
them.
The
Agency
believes
this
will
ensure
that
individuals/
firms
perform
LBP
activities
in
the
safest
and
most
effective
manner
possible
in
future
years
of
the
program
as
well
as
the
initial
year.

The
specific
data
elements
in
the
reports
individuals/
firms
conducting
LBP
activities
must
compile
and
retain
are
necessary
as
a
future
reference
for
building
owners/
residents,
EPA
or
authorized
entities.
The
records
will
demonstrate
that
individuals
conducting
the
activities
do
so
in
a
safe
and
effective
manner,
according
to
the
minimum
work
practice
standards
established
by
the
rule.
This
will
also
aid
EPA's
enforcement
activities.

The
Agency's
goal
is
to
assure
that
residents
of
structures
undergoing
LBP
abatements
are
not
exposed
to
a
greater
hazard
as
a
result
of
the
abatements.
The
occupant
protection
plan
is
crucial
to
achieving
this
goal.
Requiring
that
the
supervisor
or
project
planner
prepare
a
report
detailing
this
plan
will
help
to
ensure
the
plan
is
wellconsidered
and
thorough.

The
pre­
abatement
notification
requirement,
which
the
rule
requires
only
for
abatements
in
child­
occupied
facilities
or
multi­
family
housing
or
in
cases
where
abatement
is
a
result
of
a
State
or
local
order,
is
necessary
to
permit
the
Agency
to
target
its
enforcement
activities
and
to
ensure
compliance
within
the
contracting
community.

3.
Non­
Duplication,
Consultation
and
Other
Collection
Criteria
3(
a)
Non­
Duplication
The
Agency's
collection
activities
contained
in
the
TSCA
sections
402/
404
regulations
do
not
duplicate
any
other
collection.
There
is
no
other
model
program
for
LBP
activities
or
associated
State
program
approval
process,
and
there
are
currently
no
Federal
requirements
for
the
training
and
certification
of
individuals
engaged
in
these
activities,
for
the
accreditation
of
LBP
training
programs,
or
required
standards
for
the
August
13,
2000
4
conduct
of
these
activities.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
April
24,
2000
(
64
FR
8964,
February
23,
2000).
EPA
received
one
comment
from
a
small
business
that
reported
difficulties
with
the
State
certification
requirements.

Although
the
EPA
regulation
was
intended
to
establish
national
standards,
and
was
specifically
intended
to
avoid
the
need
for
businesses
to
take
the
same
training
and
get
the
same
certification
in
each
and
every
State.
The
commenter
indicated
that
several
States
are
apparently
imposing
local
training
and
certification
mandates
that
require
the
commenter
to
send
their
staff
to
the
same
certification
training
several
times.
Even
though
the
EPA
regulation
specifically
stated
that
states
should
accept
another
states
certification,
this
does
not
appear
to
be
happening.
As
a
result,
the
burden
and
costs
actually
incurred
by
companies,
such
as
the
commenter,
are
significantly
more
than
estimated
in
this
ICR.
The
commenter
provided
information
about
the
costs
they
have
incurred
so
far
to
certify
inspectors
in
several
States,
with
17
more
States
needing
to
be
certified.
The
commenter
was
concerned
about
the
lack
of
reciprocity
among
States
and
the
variety
of
fees
that
different
States
are
imposing.

The
issues
raised
by
the
commenter
are
related
to
State
authorized
programs
and
the
flexibility
provided
to
States
regarding
fees
and
reciprocity.
EPA
is
required
by
statute
to
recover
the
costs
of
operating
the
Federal
program.
States
have
their
own
statutory
authority
to
develop
fees
for
their
programs.
EPA
is
not
authorized
to
limit
the
fees
that
a
State
may
charge.
With
regard
to
reciprocity,
the
statute
directed
EPA
to
establish
a
process
that
would
allow
states
to
be
authorized
to
operate
their
own
training
and
certification
programs
if
the
programs
were
"
at
least
as
protective
as"
the
Federal
program.
The
statute
directed
EPA
only
to
encourage
but
not
require
reciprocity
among
the
States.
Congress
clearly
intended
that
individual
States
would
be
operating
distinct
programs.
EPA
has
encouraged
reciprocity
by
including
in
its
regulations
provisions
for
accepting
valid
state
certification
from
any
authorized
State
or
Tribe.

The
Agency
appreciates
the
comments,
but
the
issues
raised
are
not
ones
that
can
be
addressed
in
the
context
of
the
ICR.
Additional
information
about
the
comment
received
and
the
Agency's
response
is
included
as
Attachment
C.

3(
c)
Consultation
Throughout
the
implementation
of
the
program,
the
Agency
has
consulted
with
a
broad
range
of
interested
parties
on
a
number
of
occasions,
from
representatives
of
State,
local
and
Tribal
governments
to
individual
contractors
and
labor
organizations.
The
Agency
has
also
worked
directly
with
other
Federal
agencies,
States,
abatement
contractors
and
solid
waste
management
facilities
to
develop
and
implement
the
Lead
program.
Typically,
EPA
has
been
meeting
with
State
representatives
of
Departments
of
August
13,
2000
5
Health
and/
or
Environment
and
Tribal
government
representatives
three
times
annually
in
specific
break
out
sessions
on
Lead
related
issues
at
the
Forum
on
State
and
Tribal
Toxic
Actions
(
FOSTTA)
meetings.
In
addition,
each
year
at
the
National
Lead
Conference
and
Workshops,
the
Agency
discusses
different
aspects
of
the
lead
rules
and
state
programs
with
representatives
from
State
officials,
Tribal
governments,
and
industry.

3(
d)
Effects
of
Less
Frequent
Collection
Due
to
the
nature
of
this
regulation
and
its
collection,
less
frequent
collection
is
not
feasible.
In
particular,
each
individual
requires
certification
and
re­
certification,
each
training
program
requires
accreditation
and
re­
accreditation,
and
each
LBP
activity
is
a
separate
and
unique
event
requiring
specific
documentation.
Program
approval
for
States
is
a
one­
time
activity.

3(
e)
General
Guidelines
This
ICR
is
consistent
with
OMB's
general
guidelines.
The
Agency
is
requiring
that
individuals
and
firms
maintain
records
for
three
years.
Authorized
States
report
once
a
year
for
the
first
three
years,
and
biannually
thereafter.

Training
programs
must
maintain
records
for
three
and
one­
half
years.
This
is
due
to
the
interim
certification
period
of
six
months
following
an
individual
completing
training,
which
allows
the
individual
time
to
apply
to
EPA/
States
to
receive
official
certification.
At
such
time,
the
individual
remains
certified
for
three
years
(
or
5
years
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training)
before
he
or
she
must
obtain
refresher
training
and
re­
certification.
EPA
wishes
training
providers
to
maintain
records
on
a
particular
student
for
as
long
as
the
individual
is
certified
following
training.
Therefore,
the
Agency
believes
the
three
and
one­
half
years
is
an
appropriate
period
for
the
retention
of
such
records.

3(
e)
Confidentiality
This
information
collection
does
not
include
questions
of
a
confidential
nature.

3(
f)
Sensitive
Questions
This
information
collection
does
not
include
questions
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
Codes
The
following
entities
are
subject
to
the
information
collection
requirements
contained
in
the
regulations
at
40
CFR
part
745,
Subpart
L
and
Q:
August
13,
2000
6
1)
training
providers
for
LBP
activities
2)
individuals
and
firms
engaged
in
LBP
activities;
and
3)
State
agencies.

The
respondents'
SIC
codes
include:

1521
General
Contractors
­
Single
Family
Homes
1522
General
Contractors
­
Residential
Buildings,
Other
Than
Single
Family
1531
Operative
Builders
1542
Other
Nonresidential
Buildings
1721
Painting
Contractors
1742
Plastering,
Dry
Wall,
Acoustical,
Insulation
Work
1751
Carpentry
Work
Contractors
1761
Roofing,
Siding,
Sheet
Metal
Work
1795
Wrecking
and
Demolition
1799
Miscellaneous
Trade
Contractors,
NEC
8249
Schools:
Industrial,
Technical
&
Trade
Vocational
Schools
NEC
8299
Vocational
Guidance
Training
Programs
&
Services
4(
b)
Information
Requested
(
i)
Data
Items
In
order
to
obtain
authorization
from
EPA
to
administer
and
enforce
a
program
under
section
404,
States
must
prepare:

­
a
notice
of
intent
to
seek
authorization,
and
­
an
application
for
authorization
identifying
the
agencies
responsible
for
implementation,
administration,
and
enforcement
of
the
program,
and
a
description
of
the
authority
and
responsibilities
vested
in
such
agencies.

States
authorized
for
the
lead­
based
paint
training
rule
must
submit
to
EPA
a
report
summarizing
implementation
and
enforcement
activities,
including
a
list
of
enforcement
actions
taken
and
any
changes
in
content,
administration,
or
enforcement
of
the
State
program.

To
gain
accreditation,
training
providers
must
submit
the
following
documents
to
EPA/
State:

­
an
accreditation
statement
that
clearly
indicates
how
the
training
program
meets
the
minimum
requirements
for
accreditation,
and
­
a
quality
control
plan,
which
outlines
procedures
for
periodic
revision
of
training
materials
and
exams,
annual
review
of
instructors,
and
adequacy
of
the
training
facilities.

To
gain
certification,
individuals
engaged
in
LBP
activities
are
required
to
submit
August
13,
2000
7
specific
materials
to
EPA/
State:

­
Inspectors,
Risk
Assessors,
Supervisors:
accredited
training
course
completion
certificate,
statement
certifying
the
individual
meets
the
education/
experience
pre­
requisites,
proof
of
passage
of
the
third­
party
exam;
­
Project
Planners:
statement
certifying
individual
meets
the
education/
experience
requirements,
accredited
training
course
completion
certificate;
and
­
Workers:
accredited
training
course
completion
certificate.

In
the
performance
of
LBP
activities,
the
firms
and/
or
individuals
must
complete
and
retain
a
number
of
reports
(
contingent
on
the
activity
conducted),
including:

­
an
inspection
report
describing
the
surfaces
sampled
for
LBP
and
the
sampling
results;
­
a
lead
hazard
screen
report,
which
includes
an
accounting
of
any
paint
or
dust
sampling
results;
­
a
risk
assessment
report,
which
includes
an
accounting
of
paint,
dust,
or
soil
sampling
results
and
existing
hazards;
­
an
occupant
protection
plan
identifying
the
measures
that
will
be
taken
to
protect
building
occupants
from
LBP
hazards,
and
­
an
abatement
report
detailing
the
activities
undertaken
to
eliminate
the
hazard.

Working
with
our
State
and
Tribal
partners,
as
well
as
the
affected
entities,
the
Agency
has
developed
new
and
improved
forms
and
instructions
for
the
Federal
program,
which
also
serve
as
a
model
for
the
States
and
Tribes.
Copies
of
the
new
forms
and
instructions/
guidance
are
included
as
Attachment
D.

(
ii)
Respondent
Activities.

The
rule
specifies
reporting
and
record
keeping
for
authorized
States,
training
providers,
and
individuals/
firms
undertaking
LBP
activities.
The
rule
does
not
require
specific
forms
or
applications
for
submissions.

States
seeking
authorization
for
the
training
rule
will
need
to
perform
the
following
activities:

­
read
the
regulations;
­
compare
any
existing
State
program
requirements
to
the
minimum
requirements
of
the
Federal
regulation;
­
develop
and
adopt
new
legislation
as
necessary;
­
develop
and
promulgate
new
regulations
as
necessary;
­
publish
a
notice
of
intent
to
seek
authorization
and
provide
an
opportunity
for
public
hearing;
August
13,
2000
8
­
prepare
and
submit
to
EPA
an
application
for
program
approval;
­
maintain
program
application
availability
for
public
inspection
for
up
to
one
year
after
submission;
and
­
submit
an
annual
report
to
EPA.

Training
providers
seeking
accreditation
will
need
to
perform
the
following
collection
activities:

­
read
the
regulation;
­
prepare
and
submit
an
accreditation
application
to
accrediting
entity;
­
retain
records;
and
­
provide
accrediting
entity
access
to
records
as
requested.

Individuals
seeking
certification
will
need
to
perform
the
following
activities:

­
read
the
regulation;
­
submit
a
proof
of
passage
of
third­
party
exam
and/
or
course
completion
certificate,
and
statement
certifying
individual
meets
education/
experience
requirements;
and
­
retain
records,
if
individual
is
incorporated
or
acting
as
a
firm.

Firms
seeking
certification
will
need
to
perform
the
following
activities:

­
read
the
regulation;
­
submit
a
statement
or
letter
of
certification;
and
­
retain
records.

5.
The
Information
Collected
­
Agency
Activities,
Collection
Methodology
and
Information
Management
5(
a)
Agency
Activities
EPA
will
need
to
perform
the
following
activities
in
order
to
authorize
States:

­
receive
applications;
­
review
applications
and
compare
them
with
the
Federal
program
at
CFR
Part
745;
­
provide
applicants
with
notification
of
approval/
disapproval.

5(
b)
Collection
Methodology
and
Management
This
section
details
the
data
elements
for
each
type
of
respondent
and
for
each
reporting
or
recordkeeping
activity.
Note
that
EPA
is
cited
as
the
accrediting
and
certifying
body,
as
State
programs
may
not
necessarily
adopt
a
program
requiring
the
submission
or
retention
of
exactly
the
same
materials
as
in
the
Federal
program.
For
the
August
13,
2000
9
purposes
of
estimating
burden
in
Section
6
of
this
ICR,
however,
the
Agency
assumes
that
States
adopt
the
Federal
program
requirements
for
reporting
and
recordkeeping.
In
States
without
authorized
programs
two
years
after
the
effective
date,
EPA
will
be
the
accrediting
and
certifying
body.

The
rule
provides
general
instructions
to
States
seeking
EPA
authorization
under
this
regulation.
A
State
may
submit
an
application
to
EPA
any
time
after
promulgation
of
this
rule,
and
may
choose
to
submit
them
together.
The
elements
necessary
for
application
are
as
follows:

­
a
public
notice
of
intent
to
seek
authorization,
with
an
opportunity
for
public
hearing;
­
a
transmittal
letter
from
the
Governor
or
Tribal
equivalent
requesting
program
approval;
­
an
Attorney
General
or
Tribal
equivalent
statement
certifying
the
adequacy
of
the
State's
program
authority;
­
copies
of
all
applicable
State
statutes
and
regulations;
­
the
name
of
the
primary
agency
that
is
or
will
be
responsible
for
administering
and
enforcing
the
program
and
functions
of
any
other
agencies
involved
in
administering
the
program;
­
a
description
of
the
program
elements
and
an
analysis
of
how
these
elements
relate
to
the
Federal
program
elements
under
section
402;
and
­
a
description
of
the
resources
the
State
intends
to
devote
to
the
administration
and
enforcement
of
the
program.

States
authorized
for
this
rule
will
need
to
provide
a
report
(
or
separate
reports)
to
EPA
describing
any
significant
changes
in
the
programs
and
enforcement
activities.

The
rule
instructs
training
programs
seeking
accreditation
for
initial
training
programs
to
submit
a
one­
time
application
to
EPA
covering
the
following
elements:

­
the
training
program's
name,
address,
and
telephone
number;
­
a
list
of
courses
for
which
it
is
applying
for
accreditation;
­
a
statement,
signed
by
the
training
program
manager,
that
certifies
that
the
training
program
meets
the
minimum
requirements
(
e.
g.,
training
hours)
established
in
the
rule;
­
a
copy
of
the
test
blueprint,
which
describes
the
proportion
of
test
questions
devoted
to
each
major
course
topic;
­
a
detailed
description
of
the
facilities
and
equipment
available
for
lecture
and
hands­
on
training;
­
a
detailed
description
of
the
procedures
for
conducting
the
assessment
of
hands­
on
skills;
­
a
copy
of
the
program's
quality
control
plan;
and
­
for
programs
that
do
not
adopt
the
EPA
model
curriculum,
the
program
must
submit,
in
addition
to
the
above
materials,
a
copy
of
the
student
manuals
and
instructor
notebooks
to
be
used
for
each
course,
and
a
copy
of
the
course
August
13,
2000
10
agenda,
which
includes
the
time
allocated
for
each
course
topic.

Training
programs
must
submit
the
following
information
to
seek
accreditation
for
refresher
training
courses
(
note
that
applications
for
refresher
training
may
be
simultaneously
submitted
with
applications
for
full­
length
training
programs):

­
the
training
program's
name,
address,
and
telephone
number;
­
a
list
of
refresher
courses
for
which
it
is
seeking
accreditation;
­
a
copy
of
student
manuals
and
instructor
notebooks;
and
­
a
statement
signed
by
the
training
manager
certifying
compliance
with
rule
provisions.

Training
programs
must
also
seek
re­
accreditation
from
EPA
every
four
years.
In
order
to
receive
re­
accreditation,
the
training
program
must
submit:

­
the
training
program's
name,
address,
and
telephone
number;
­
a
list
of
courses
for
which
it
is
applying
for
re­
accreditation;
­
a
description
of
any
changes
or
updates
to
the
training
facility
or
equipment
that
would
adversely
affect
a
students
ability
to
learn,
since
its
last
application
was
approved;
and
­
a
statement
from
the
training
program
manager
that
the
training
program
complies
at
all
times
with
all
rule
requirements.

The
rule
specifies
that
training
programs
must
retain
the
following
records
for
three
years
and
six
months
and
make
them
available
upon
EPA
request:

­
qualifications
of
training
managers
and
work
practice
instructors;
­
current
curriculum/
course
materials,
and
documents
reflecting
any
changes
made
to
these
materials;
­
the
course
test
blueprint;
­
information
on
how
the
hands­
on
assessment
is
conducted;
­
the
quality
control
plan;
­
results
of
the
students'
hands­
on
skills
assessments
and
course
tests,
and
a
copy
of
each
student's
course
completion
certificate;
and
­
any
other
material
the
program
submitted
to
EPA
as
part
of
its
accreditation
application.

The
rule
provides
general
instructions
to
individuals
seeking
certification
to
perform
LBP
activities.
Individuals
must
submit
a
one­
time
application
to
EPA,
including
the
following
elements:

­
proof
of
training
(
for
all
individuals);
­
statement
certifying
that
the
individual
meets
the
education
or
experience
prerequisites
(
applicable
to
all
but
workers
and
inspectors);
and
­
proof
of
completing
the
standardized
certification
exam
(
applicable
to
all
but
workers
and
project
planners).
August
13,
2000
11
The
rule
provides
alternative
certification
procedures
for
individuals
who
received
LBP
training
between
October
1,
1990,
and
the
effective
date
of
the
final
regulation,
or
those
who
received
training
in
an
authorized
State.
For
certification
under
the
alternative
procedures,
an
individual
must
submit
certain
materials
to
EPA.
For
inspectors,
risk
assessors
or
supervisors:

­
proof
of
successful
completion
of
training
or
on­
the­
job
training
equivalent
to
that
the
rule
specifies
for
the
particular
discipline;
­
statement
certifying
that
the
individual
meets
the
education
and/
or
experience
requirements;
­
completion
of
an
accredited
refresher
training
course
for
the
discipline;
and
­
passage
of
a
certification
exam
for
the
appropriate
discipline.

For
workers
and
project
planners:

­
proof
of
successful
completion
of
training
or
on­
the­
job
training
equivalent
to
that
the
rule
specifies
for
the
particular
discipline;
­
proof
that
the
applicant
meets
the
education
and/
or
experience
requirements
(
for
project
designers
only);
and
­
completion
of
an
accredited
refresher
training
course
for
the
discipline.

Under
the
rule's
provisions,
individuals
must
seek
re­
certification
every
three
years
(
5
years
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training),
submitting
to
EPA
a
copy
of
the
refresher
course
completion
certificate.

The
rule
provides
specific
requirements
for
firms
seeking
certification.
A
firm
must
submit
to
EPA
a
letter
indicating
that
the
firm
will
employ
only
certified
individuals
to
conduct
LBP
activities
and
follow
the
work
practice
standards.

The
rule
requires
that
individuals/
firms
prepare
reports
during
the
conduct
of
LBP
activities
and
maintain
the
reports
for
no
fewer
than
three
years.
The
requirements
are
specific
to
the
disciplines.

Following
the
conduct
of
an
inspection,
the
inspector
must
prepare
a
report
documenting
the
following:

­
date
of
inspection;
­
address
of
building
and
units;
­
date
of
construction
of
building
and
units;
­
unit
numbers
(
if
applicable);
­
name,
address,
and
telephone
number
of
the
owner
of
building
and
units;
­
name,
signature,
and
certification
number
of
each
certified
inspector
and/
or
risk
assessor
conducting
testing;
­
name,
address
and
telephone
of
the
certified
firm
employing
the
individual
(
if
applicable);
­
each
testing
method
and
device
and/
or
sampling
procedure
employed,
August
13,
2000
12
including
quality
control
data,
and,
if
used,
the
serial
number
of
the
XRF
device;
­
specific
locations
of
each
painted
component
tested
for
LBP;
and
­
result
of
the
inspection
expressed
according
to
the
particular
sampling
method.

For
a
risk
assessment:

­
date
of
risk
assessment;
­
address
of
residences
and
buildings;
­
date
of
construction
of
residences
and
buildings;
­
unit
numbers
(
if
applicable);
­
name,
address
and
telephone
number
of
the
owner
of
residences
and
buildings;
­
name,
signature,
and
certification
number
of
risk
assessor
conducting
the
assessment,
­
name,
address,
and
telephone
number
of
certified
firm
employing
the
risk
assessor
(
if
applicable);
­
results
of
visual
inspection;
­
name,
address,
and
telephone
of
each
recognized
laboratory
conducting
analyses
of
samples;
­
testing
methods
and
sampling
procedures
for
paint
analysis
employed;
­
specific
locations
of
each
painted
component
tested
for
the
presence
of
LBP;
­
all
data
collected
from
on­
site
testing;
­
all
results
of
laboratory
analyses
on
samples;
­
any
other
sampling
results;
­
any
background
information
collected
prior
to
the
activity;
­
an
evaluation
of
any
previous
inspections,
analyses,
or
assessments
of
LBP,
if
applicable;
­
description
of
the
location
and
type
of
identified
LBP
hazards;
and
­
description
of
options
for
addressing
any
LBP
hazards.

For
a
lead
hazard
screen:

­
first
15
items
on
the
risk
assessment
list
above;
and
­
recommendations
concerning
desirability
of
follow­
up
risk
assessment.

For
an
abatement
resulting
from
a
State
or
local
order
or
taking
place
in
a
childoccupied
facility
or
multi­
family
dwelling,
the
individual/
firm
must
first
submit
to
EPA
prior
notification
of
abatement
activities.

Before
an
abatement,
the
individual/
firm
must
prepare
an
occupant
protection
plan
describing
the
measures
that
the
individual/
firm
will
take
during
the
abatement
to
protect
building
occupants
from
exposure
to
lead­
contaminated
dust
and
debris.
August
13,
2000
13
Following
the
abatement,
the
individual
or
supervisor
must
prepare
a
report
detailing
the
following:

­
start
and
completion
dates;
­
name
and
address
of
each
individual
or
firm
conducting
the
abatement(
s)
and
each
supervisor
assigned
to
the
project;
­
the
occupant
protection
plan;
­
name,
address,
and
signature
of
each
certified
risk
assessor
or
inspector
conducting
sampling
and
the
date
of
clearance
testing;
­
results
of
clearance
testing
and
all
soil
analyses,
and
name
of
laboratory
conducting
them;
and
­
a
detailed
description
of
the
abatement,
including
method
employed,
locations
of
rooms
and/
or
components,
reasons
for
selecting
abatement
methods
for
particular
components.

5(
c)
Small
Entity
Flexibility
The
Agency
has
attempted
to
ensure
that
its
regulatory
requirements
do
not
unduly
burden
small
business.
The
certification
requirements
are
very
simple.
A
firm
need
only
certify
to
the
accrediting
authority
that
it
is
employing
certified
individuals
and
that
it
will
comply
with
the
required
standards.
Firms
need
not
seek
re­
certification,
although
individuals
must
do
so.
This
process
involves
taking
a
refresher
training
course
every
three
years,
or
five
years
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training.
The
Agency
also
permits
flexibility
in
the
way
information
is
prepared
and
presented
(
e.
g.,
there
are
no
mandated
forms
to
complete),
yet
provides
examples
for
States
to
adopt.

5(
d)
Collection
Schedule
The
information
collection
activities
will
occur
according
to
the
following
schedule:

­
States/
Tribes
have
one
year,
six
months
from
the
date
of
rule
promulgation
to
submit
an
application
for
program
authorization;
­
training
programs
have
180
days
from
the
effective
date
of
the
rule
to
become
accredited;
­
training
programs
must
seek
re­
accreditation
at
four­
year
intervals
following
initial
accreditation;
­
individuals
and
firms
must
be
certified
within
one
year
after
the
effective
date
of
the
rule;
­
individuals
must
seek
re­
certification
at
three­
year
intervals
(
five­
year
intervals
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training)
following
initial
certification.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
August
13,
2000
14
This
section
estimates
the
incremental
burden
and
cost
associated
with
the
reporting
and
recordkeeping
requirements
of
TSCA
sections
402
(
a)
and
404,
as
promulgated
in
40
CFR
part
745,
Supart
L
and
Q.
The
burden
estimates
provided
in
this
analysis
are
primarily
based
on
the
cost
estimates
developed
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
and
a
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey.
Burden
and
cost
estimates
are
provided
for
three
calender
years
2000,
2001
and
2002.
Since
entity
certifications
are
valid
for
a
period
of
three
years
and
accreditations
for
a
period
of
four
years,
entity
re­
accreditation
and
re­
certification
are
out
of
the
scope
of
the
analysis
time
frame.
Burden
and
costs
associated
with
re­
accreditation
and
recertification
will
first
be
incurred
in
2004.

Sections
6(
a)
and
6(
b)
discuss
the
respondents'
burdens
and
costs,
respectively.
Section
6(
c)
reports
EPA
burdens
and
costs,
and
Sections
6(
d)
through
6(
f)
provide
summaries
of
the
respondents'
burdens,
and
provide
the
burden
statement.

EPA
published
the
final
402/
404
rule
on
August
29,
1996.
States
and
tribes
could
begin
applying
for
authorization
to
operate
their
own
lead­
based
paint
training
and
certification
programs
on
October
28,
1996.
On
August
31,
1998,
EPA
began
operating
the
Federal
program
in
all
non­
authorized
States
and
Tribes.
There
was
an
additional
phase­
in
of
elements
of
the
Federal
program
to
allow
the
regulated
community
to
come
into
compliance.
The
accreditation
requirements
became
effective
on
March
1,
1999,
and
all
training
providers
must
now
be
accredited
by
EPA
to
offer
lead­
based
paint
activities
training
courses
in
the
Federal
program.
The
final
rule
also
stated
that
after
August
30,
1999,
no
individuals
or
firms
could
perform,
offer,
or
claim
to
perform
lead­
based
paint
activities
without
certification
from
EPA.
However,
several
unavoidable
delays
slowed
the
process
of
approving
a
sufficient
number
of
training
providers
to
accommodate
the
number
of
individuals
who
would
be
seeking
certification
prior
to
the
August
30,
1999
date.
Therefore,
on
August
6,
1999,
EPA
extended
the
effective
date
for
certification
of
individuals
and
firms
and
use
of
work
practice
standards
to
March
1,
2000
(
64
FR
42849).

6(
a)
Estimating
Respondent
Burden
Introduction
Four
types
of
respondents
will
be
affected
by
this
information
collection
request
(
ICR):
1)
training
providers,
2)
firms
performing
lead­
based
paint
activities,
3)
individual
lead­
based
paint
professionals,
and
4)
states.
The
burdens
and
costs
fall
into
one
of
the
following
categories:
1)
applying
for
authorization/
certification/
accreditation,
2)
annual
reporting
(
or
reporting
during
the
course
of
the
year),
and
3)
annual
recordkeeping
(
or
recordkeeping
during
the
course
of
the
year).
The
reporting
and
recordkeeping
burden
estimates
include
the
time
associated
with
completing
and
sending
the
reports
to
the
appropriate
authority,
as
well
as
the
time
required
to
collect
the
information
(
e.
g.,
samples)
needed
to
complete
the
report.
The
recordkeeping
burden
estimates
include
the
time
associated
with
copying,
filing
and
maintaining
the
records.
In
addition
some
states
and
the
federal
government
will
be
affected
in
their
role
as
administrators
of
the
programs.
August
13,
2000
15
Sections
402/
404
allow
training
providers,
firms,
and
individuals
to
apply
for
accreditation/
certification
simultaneously
in
multiple
states.
While
EPA
anticipates
that
many
entities
may
file
multi­
state
applications,
the
extent
to
which
this
will
happen
is
unknown
at
this
time.
Therefore,
this
ICR
continues
to
assume
that
entities
apply
in
one
state
only.
To
the
extent
that
applicants
take
advantage
of
the
relatively
low
costs
associated
with
applying
to
additional
states
under
the
multi­
state
application
process,
this
analysis
may
have
underestimated
the
number
of
entities
administered
by
state
and
EPA
regional
programs.

Training
Providers
Initial
Accreditation.
A
training
program
may
seek
accreditation
to
offer
courses
in
any
of
the
following
disciplines:
inspector,
risk
assessor,
project
designer,
supervisor,
or
worker.
However,
before
training
providers
can
apply
for
accreditation,
they
must
familiarize
themselves
with
the
specific
requirements
of
the
rule,
as
well
as
compare
the
contents
of
their
current
training
courses
(
if
any)
to
the
requirements
specified
in
the
rule.
Included
in
this
burden
estimate
is
the
managerial
time
spent
in
deciding
if
the
training
provider
should
offer
lead­
based
paint
training.
Based
on
estimates
provided
in
the
Regulatory
Impact
Analysis
of
the
Interim
Rule
to
Revise
the
Asbestos
Model
Accreditation
Plan
(
MAP)
(
EPA,
1993),
this
analysis
assumes
a
total
burden
of
8
hours
associated
with
rule
familiarization
and
determination
of
applicability.

If
the
training
provider
decides
to
apply
for
accreditation,
an
application
must
be
submitted
to
EPA
containing
the
following
information:

C
the
training
provider's
name,
address,
and
telephone
number,
C
a
list
of
courses
for
which
it
is
applying
for
accreditation,
C
a
statement
signed
by
the
training
program
manager
that
clearly
indicates
how
the
training
program
meets
the
minimum
requirement
for
accreditation,
or
a
statement
that
indicates
that
the
training
program
will
use
the
EPAdeveloped
curriculum
if
available,
C
a
copy
of
the
course
test,
a
description
of
the
activities
and
procedures
for
conducting
the
assessment
of
hands­
on
skills,
and
a
description
of
the
facilities
and
equipment
for
lecture
and
hands
on
training,
and
C
a
quality
control
plan,
which
outlines
procedures
for
periodic
revision
of
training
materials
and
exams,
annual
reviews
of
instructors,
and
adequacy
of
training
facilities.

The
burden
of
completing
the
accreditation
statement
varies
depending
on
whether
the
training
provider
adopts
the
EPA­
developed
curriculum
or
chooses
to
use
their
own
training
curriculum.
The
burden
associated
with
implementing
a
non­
EPA
curriculum,
and
providing
documentation
demonstrating
that
the
curriculum
meets
certain
minimum
requirements
is
significantly
greater
than
adopting
the
EPA
curriculum.
Given
the
similarity
between
requirements,
data
collected
to
assess
the
burden
of
preparing
an
accreditation
statement
for
training
approval
under
the
Asbestos
MAP
were
used
to
estimate
the
burden
August
13,
2000
16
of
the
training
provider
approval
process
required
by
this
rule.
Based
on
the
Asbestos
MAP,
the
burden
associated
with
adoption
of
the
EPA
curriculum
is
estimated
to
be
4
hours,
or
40
hours
if
training
providers
use
their
own
curriculum.
At
this
time,
there
is
no
firm
basis
for
estimating
the
proportion
of
training
providers
that
will
adopt
the
EPA
curriculum
versus
those
that
will
use
their
own.
This
analysis
assumes
that
most
training
providers
(
90
percent)
will
adopt
the
EPA
curriculum,
resulting
in
an
average
burden
of
7.6
hours
((
0.90*
4
hours)
+
(
0.10*
40
hours))
of
professional
time
for
completion
of
the
accreditation
statement.
The
analysis
further
assumes
two
hours
of
clerical
time
required
for
completion
of
the
accreditation
statement.

The
burden
associated
with
developing
the
quality
control
plan
is
the
same
for
all
training
providers
whether
they
adopt
the
EPA
curriculum
or
develop
their
own.
Similar
data
for
estimating
the
quality
control
plan
burden
were
not
available
in
the
Asbestos
MAP.
Due
to
data
limitations,
this
analysis
assumes
that
the
preparation
of
the
quality
control
plan
will
take
8
hours
of
professional
time
and
2
hours
of
clerical
time.

Quadrennial
Reporting.
Training
provider
accreditations
are
valid
for
a
period
of
4
years.
Training
providers
seeking
re­
accreditation
are
required
to
submit
an
application
to
the
approving
authority
containing:

C
the
training
provider's
name,
address,
and
telephone
number,
C
a
list
of
courses
for
which
it
is
applying
for
re­
accreditation,
C
a
description
of
any
changes
or
updates
to
the
training
facility
or
equipment
that
would
adversely
affect
the
students
ability
to
learn,
C
a
statement
signed
by
the
program
manager
certifying
that
the
program
complies,
with
all
of
the
requirements
of
this
rule
including
recordkeeping
and
reporting
requirements.

Limited
data
are
available
regarding
the
burden
of
re­
accreditation.
Therefore,
this
analysis
makes
the
simplifying
assumption
that
it
will
take
one­
half
of
the
time
it
took
to
apply
for
initial
certification
(
i.
e.,
4.8
hours).
An
audit
may
also
be
performed
by
the
approving
authority
to
verify
the
certification
statement
and
the
contents
of
the
application.
At
this
time,
the
proportion
of
applicants
audited
is
unknown.
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited
in
a
given
year.
Total
burden
for
a
training
provider
to
prepare
for
and
participate
in
an
audit
is
assumed
to
be
2
hours
professional
and
4
hours
of
clerical
time
because
much
of
the
work
will
be
assembling
files
for
the
auditor.

Annual
Recordkeeping.
There
are
significant
first
year
and
subsequent
year
recordkeeping
burdens
for
training
providers.
Sections
402(
a)
and
404
of
TSCA
require
that
training
providers
keep
records
on:

C
qualifications
of
the
training
manager
and
work
practice
instructors,
C
curriculum/
course
materials,
and
documents
reflecting
any
changes
made
to
these
materials,
C
course
test
blueprint,
August
13,
2000
1
See
Chapter
9
of
the
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis.

17
C
hands­
on
skills
assessment
methodology,
C
quality
control
plan,
C
student
files
(
including
hands­
on
skills
assessments,
course
test
results),
and
C
any
other
materials
that
were
submitted
to
the
EPA
as
part
of
the
program's
application
for
accreditation.

These
reports
must
be
held
for
a
minimum
period
of
three
and
one­
half
years.
EPA
estimates
that,
in
total,
training
provider
records
will
be
11
pages
plus
two
pages
for
each
of
their
students.
1
The
filing
burden
is
calculated
as
a
per
report/
file
burden,
and
is
not
affected
by
the
number
of
pages
in
the
report;
the
number
of
pages
only
affects
the
cost
of
materials.
Therefore,
the
recordkeeping
burden
estimates
for
training
providers
include
labor
associated
with
the
filing
and
maintenance
of
the
records
only
(
one
hour
of
clerical
time).

Based
on
estimates
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
(
the
Fees
Rule
EA),
during
the
initial
two
years
of
this
program,
51
training
providers
will
participate
in
EPA
administered
programs
and
126
training
providers
will
participate
in
state
administered
training
programs.
Based
on
the
current
number
of
EPA
administered
training
providers
accredited
by
mid­
October
1999,
this
analysis
assumes
that
35
EPA
administered
training
providers
will
receive
accreditation
by
the
end
of
calender
year
1999
and
the
remaining
16
EPA
administered
training
providers
will
receive
accreditation
during
calender
year
2000.
In
the
absence
of
specific
data
on
the
current
status
of
state
administered
programs,
this
analysis
assumes
that
the
rate
of
accreditation
is
the
same
as
in
the
EPA
administered
states.
Therefore,
it
is
assumed
that
85
training
providers
will
be
accredited
in
1999
and
41
in
2000.
All
entities
receiving
accreditation
in
the
same
year
are
referred
to
as
a
cohort.
Each
year,
some
members
of
the
cohort
exit
the
business.
Their
number
is
made
up
by
new
entrants
who
form
a
new
cohort.
The
number
of
training
providers
in
each
cohort
was
calculated
using
an
entry/
exit
rate
of
two
percent
annually
(
from
the
Fees
Rule
EA).

This
analysis
estimates
the
burden
for
all
training
providers
in
the
calender
year
2000
to
be
1,242
hours
for
training
providers
in
state
administered
programs
and
503
hours
for
training
providers
in
EPA
administered
programs.
The
total
reporting
and
recordkeeping
burden
for
all
training
providers
in
calender
year
2000
is
estimated
to
be
1,744
hours.
In
2001
the
total
reporting
and
recordkeeping
burden
for
all
training
providers
drops
to
241
hours,
due
to
the
initial
surge
of
accreditations
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.1.
below
summarizes
the
burden
of
the
reporting
and
annual
recordkeeping
requirements
for
training
providers.
August
13,
2000
18
Exhibit
6.1.
Training
Providers:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
Element
Professional
Hours
Clerical
Hours
Burden
Hours
Per
Training
Provider
Accreditation
Rule
Familiarization
8.00
0.00
8.00
Accreditation
Statement
7.60
2.00
9.60
Quality
Control
Plan
8.00
2.00
10.00
Annual
Burden
Recordkeeping*
0.00
0.81
0.81
Quadrennial
Burden
(
In
Addition
to
the
Annual
Burden)

Re­
accreditation
3.80
1.00
4.80
Audit**
0.20
0.40
0.60
Burden
Per
Training
Provider
First
Year
of
Operation
28.41
Second,
Third,
and
Fourth
Year
of
Operation
0.81
Fifth
Year
of
Operation
6.21
Training
Providers
Per
Calender
Year
Number
of
State
Administered
Entities
Number
of
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Year
1
41
3
3
17
1
1
Year
2
85
40
2
34
16
1
Year
3
0
83
40
0
34
16
Year
4
0
0
81
0
0
33
Burden
Per
Calender
Year
State
Administered
Entities
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Burden
Hours
1,242
171
171
503
69
69
Burden
Summary
Per
Calender
Year
2000
2001
2002
Total
Burden
Hours
1,744
241
241
*
(
17,249
student
files/
177
training
providers)
*
0.0083
hours
per
report
=
0.809
hours.
**
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited
Note(
s):
numbers
may
not
calculate
due
to
rounding.
Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).
Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
Regulatory
Impact
Analysis
of
the
Interim
Rule
to
Revise
the
Asbestos
Model
Accreditation
Plan
(
MAP),
and
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis
August
13,
2000
19
Firms
Performing
Lead­
based
Paint
Activities
Initial
Certification.
In
order
to
perform
the
lead­
based
paint
activities
that
are
regulated
under
sections
402(
a)
and
404,
firms
performing
lead­
based
paint
activities,
such
as
inspections
and
abatements,
are
required
to
seek
certification
from
the
approving
authority.
Similar
to
training
providers,
these
firms
must
first
familiarize
themselves
with
the
specific
requirements
of
the
rule.
They
must
also
determine
if
it
is
profitable
to
enter
the
market
for
lead­
based
paint
activities.
This
analysis
assumes
that
it
will
take
only
6
hours
for
firms,
as
opposed
to
8
hours
for
training
providers,
for
rule
familiarization
because
firms
do
not
need
to
compare
and
contrast
as
much
information.
If
a
firm
decides
to
enter
the
market,
a
certification
letter
must
be
sent
to
the
approving
authority
indicating
that
the
firm
will
follow
the
standards
set
forth
in
the
rule
and
will
employ
only
certified
employees.
The
cost
of
certifying
individuals
is
discussed
in
a
later
section.
The
professional
burden
estimate
of
one
hour
and
the
clerical
burden
estimate
of
0.5
hours
for
initial
certification
is
taken
from
Chapter
9
of
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis.

Annual
Reporting
and
Recordkeeping.
While
performing
lead­
based
paint
activities,
firms
are
required
to
complete
and
maintain
a
number
of
reports
including:

C
an
inspection
report
describing
the
areas
inspected
and
the
results
of
the
inspection,
C
a
risk
assessment/
lead
hazard
screen
report,
which
includes
the
sampling
results
and
the
associated
hazards,
C
a
pre­
abatement
plan
identifying
the
areas
requiring
abatement
and
the
methods
that
will
be
employed
to
remediate
the
hazard
and
protect
workers,
and
C
a
post­
abatement
report
detailing
the
activities
undertaken
to
eliminate
the
hazard.

The
total
number
of
events
are
based
on
the
prior
ICR.
This
analysis
derives
the
total
number
of
events
by
multiplying
the
number
of
events
and
the
total
number
of
firms
from
the
prior
ICR
and
dividing
this
number
by
the
total
number
of
firms
from
the
fees
rule.

The
analysis
in
the
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis
makes
two
assumptions
about
the
certification
and
reporting
requirements
of
firms
performing
leadbased
paint
activities.
First,
because
it
is
current
industry
practice
to
report
and
maintain
the
records
from
a
lead
inspection,
there
is
no
incremental
reporting/
recordkeeping
burden
associated
with
this
activity.
Additionally,
there
are
no
incremental
costs
associated
with
the
reporting
and
recordkeeping
of
lead
hazard
screens
as
defined
by
this
rule.
Second,
since
the
various
reports
will
be
completed
by
the
inspector,
risk
assessor,
project
designer,
or
supervisor,
no
clerical
support
will
be
required
for
the
reporting
requirements;
clerical
support
will
be
needed
for
the
recordkeeping
requirements.
August
13,
2000
20
The
burden
of
completing
the
reports
mentioned
above
varies
by
report
and
is
indicated
in
Exhibit
6.2.
The
reporting
burden
estimates
include
the
time
associated
with
collecting
the
information
needed
(
e.
g.,
samples)
to
complete
the
reports.

At
the
time
this
analysis
was
conducted,
no
firms
in
EPA­
administered
programs
had
received
certification.
It
is
anticipated
that
firms
and
individuals
will
seek
certification
just
before
the
deadline
in
order
to
maximize
the
length
of
time
for
which
their
certification
is
usable.
Therefore
this
analysis
assumes
that
all
firms
will
receive
certification
during
calender
year
2000.
In
the
absence
of
specific
data
on
the
current
status
of
state
administered
programs,
this
analysis
assumes
that
all
firms
in
state
administered
programs
will
receive
their
initial
certification
during
calender
year
2000.
The
number
of
firms
in
each
cohort
was
calculated
using
an
entry/
exit
rate
of
ten
percent
annually.

This
analysis
estimates
the
burden
to
all
firms
in
the
calender
year
2000
to
be
239,391
hours
for
state
administered
firms
and
96,268
hours
to
EPA
administered
firms.
The
total
reporting
and
recordkeeping
burden
to
all
firms
for
the
calender
year
2000
is
estimated
to
be
335,659
hours.
In
calender
years
2001
and
2002
the
total
annual
reporting
and
recordkeeping
burden
to
all
firms
is
estimated
to
be
308,162
hours.
Exhibit
6.2.
below
summarizes
the
burden
of
the
reporting
and
annual
recordkeeping
requirements
to
firms.
August
13,
2000
21
Exhibit
6.2.
Firms:
Reporting
and
Recordkeeping
Burden
Estimates
Category
Number
of
Events
per
Firm
Reporting
Burden
Professional
Burden
Recordkeeping
Burden
Per
Report
Clerical
Burden
Burden
Hours
Per
Firm
Certification
Rule
Familiarization
1.00
6.00
6.00
0.000
0.000
6.00
Certification
letter
1.00
1.5
*
1.50
0.008
0.008
1.51
Target
Housing
(
including
Soil
Abatements)
Risk
Assessment
and
Lead
Hazard
Screen
Reports
16.11
1.86
29.96
0.008
0.134
30.09
Pre­
Abatement
Notifications
4.51
0.50
2.25
0.008
0.037
2.29
Occupant
Protection
Plan
13.97
1.00
13.97
0.008
0.116
14.08
Post­
Abatement
Reports
13.97
2.00
27.94
0.008
0.000
27.94
Child­
Occupied
Facilities
(
including
Soil
Abatements)
Risk
Assessment
Reports
0.12
1.09
0.14
0.008
0.001
0.14
Pre­
Abatement
Notifications
0.12
0.50
0.06
0.008
0.001
0.06
Occupant
Protection
Plan
0.12
1.00
0.12
0.008
0.001
0.13
Post­
Abatement
Reports
0.12
2.00
0.25
0.008
0.001
0.25
Burden
Per
Firm
First
Year
of
Operation
82.49
Second
and
Third
Year
of
Operation
74.98
Fourth
Year
of
Operation
76.49
Firms
Per
Calender
Year
Number
of
State
Administered
Entities
Number
of
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Year
1
2,902
290
290
1,167
117
117
Year
2
0
2,612
261
0
1,050
105
Year
3
0
0
2,351
0
0
945
Burden
Per
Calender
Year
State
Administered
Entities
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Burden
Hours
239,391
219,781
219,781
96,268
88,382
88,382
Burden
Summary
Per
Calender
Year
2000
2001
2002
Total
Burden
Hours
335,659
308,162
308,162
*
Includes
0.5
hours
clerical
time.
Note(
s):
Numbers
may
not
calculate
due
to
rounding.
Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
All
firms
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
firms
have
completed
the
certification
process).
Source(
s):
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis
and
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
August
13,
2000
22
Individual
Abatement
Professionals
Burden
Initial
Certification.
In
order
to
become
certified
to
perform
lead
abatement
activities,
individuals
must
apply
to
the
certifying
authority.
The
reporting
requirements
for
certification
are
the
same
for
inspectors,
risk
assessors,
and
supervisors;
and
for
workers
and
project
designers.
Certifications
are
generally
valid
for
a
period
of
three
years.
In
the
fourth
year,
individuals
trained
in
the
first
year
who
are
still
active
will
need
to
take
refresher
training
and
get
recertified.
The
time
associated
with
re­
certification
is
the
same
as
initial
certification.

The
requirements
for
certification
for
inspectors,
risk
assessors,
and
supervisors
include
submitting
proof
of:

C
completion
of
a
training
course,
C
passing
the
course
test,
C
meeting
the
educational
and/
or
experience
requirements
(
if
applicable),
and
C
passing
the
third
party
exam.

It
is
estimated
to
take
1
hour
to
gather
and
send
these
documents
per
individual.

The
requirements
for
project
designers
and
workers
include
proof
of:

C
completion
of
a
training
course,
and
C
meeting
the
educational
and/
or
experience
requirement
(
if
applicable)

It
is
estimated
to
take
½
hour
to
gather
and
send
this
document
per
individual.

At
the
time
this
analysis
was
conducted,
no
individuals
in
EPA
administered
programs
had
received
certification.
It
is
anticipated
that
firms
and
individuals
will
seek
certification
just
before
the
deadline
in
order
to
maximize
the
length
of
time
for
which
their
certification
is
usable.
Therefore
this
analysis
assumes
that
all
individuals
will
receive
certification
during
calender
year
2000.
In
the
absence
of
specific
data
on
the
current
status
of
state
administered
programs,
this
analysis
assumes
that
all
individuals
in
state
administered
programs
will
receive
their
initial
certification
during
calender
year
2000.
The
number
of
individuals
in
each
cohort
was
calculated
using
an
entry/
exit
rate
of
twenty
percent
annually
for
inspectors,
risk
assessors,
supervisors
and
project
designers,
and
an
exit/
entry
rate
of
thirty
percent
for
workers.

This
analysis
estimates
the
total
reporting
and
recordkeeping
burden
to
all
individuals
in
calender
year
2000
to
be
15,180
hours.
Approximately
29
percent
of
this
total
burden
is
incurred
by
individuals
in
EPA
administered
programs.
In
2001
the
total
reporting
and
recordkeeping
burden
to
all
individuals
drops
to
3,234
hours,
due
to
the
initial
surge
of
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.3.
details
the
total
reporting
and
recordkeeping
burden
to
the
individual
subgroups
(
e.
g.
inspectors,
risk
assessors,
and
workers)
and
summarizes
the
individual
burden.
August
13,
2000
23
Exhibit
6.3.
Individual:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
per
Individual
Inspectors,
Risk
Assessors,
and
Supervisors
Workers
and
Project
Designers
First
Year
of
Operation
1.0
0.5
Second
and
Third
Year
of
0.0
0.0
Fourth
Year
of
Operation
1.0
0.5
Individuals
per
Calender
Year
Number
of
State
Administered
Entities
Number
of
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Inspectors
Year
1
3691
738
738
1484
297
297
Year
2*
0
2952
590
0
1188
238
Year
3*
0
0
2362
0
0
950
Risk
Assessors
Year
1
2952
590
590
1188
238
238
Year
2*
0
2362
472
0
950
190
Year
3*
0
0
1890
0
0
760
Supervisors
Year
1
2706
541
541
1089
218
218
Year
2*
0
2165
433
0
871
174
Year
3*
0
0
1732
0
0
697
Workers
Year
1
2829
849
849
1138
341
341
Year
2*
0
1980
594
0
797
239
Year
3*
0
0
1386
0
0
558
Project
Designers
Year
1
123
25
25
49
10
10
Year
2*
0
98
20
0
39
8
Year
3*
0
0
79
0
0
32
Burden
per
Calender
Year
2000
2001
2002
Inspectors
5,175
1,035
1,035
Risk
Assessors
4,140
828
828
Supervisors
3,795
759
759
Workers
1,984
595
595
Project
Designers
86
17
17
Total
Individual
Burden
Hours
15,180
3,234
3,234
*
No
reporting
and
recordkeeping
burden/
cost
incurred.

Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
All
individuals
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
individuals
have
completed
the
certification
process).

Source(
s):
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis
and
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
August
13,
2000
24
State
Burden
Initial
Authorization.
Based
on
the
survey
results
presented
in
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
this
analysis
assumes
that
32
states
and
the
District
of
Columbia
already
have
authorized
state
programs
and
that
no
additional
states
will
request
authorization.
Based
on
this
assumption,
any
burden
associated
with
obtaining
authorization
has
already
been
incurred.
While
additional
states
may
seek
authorization
in
the
future,
information
is
not
available
at
this
time
upon
which
to
estimate
how
many
and
which
states
may
seek
authorization.
Thus,
the
number
of
entities
to
be
administered
in
these
states
is
also
not
known.
However,
the
assumption
of
32
states
and
the
District
of
Columbia
exceeds
the
actual
number
of
26
states,
the
District
of
Columbia,
and
two
tribes
authorized
as
of
October
1999.

Reporting
and
Recordkeeping.
The
previous
version
of
this
ICR
estimated
the
burden
to
states
of
program
authorization
but
did
not
assume
administration
of
entities
to
be
a
burden
of
this
rule.
However,
this
revised
version
does
include
a
burden
estimate
for
the
state
and
federal
administration
of
training
providers,
firms,
and
individuals
by
using
state­
level
survey
data
collected
for
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.

The
state­
level
survey
data
provides
burden
hours
for
the
following
activities
for
both
the
certification
and
re­
certification
of
state
administered
training
providers,
firms
and
individuals:

­
Application
Processing
and
Recordkeeping
­
Certification
Exam
Processing
and
Recordkeeping
­
Training
Course
Audits
­
Fee
Transactions
and
Waivers
­
Issuance
of
Certification
Documents
­
Public
Assisstance/
Outreach
­
Reporting
(
to
overseeing
agencies)
­
Other
Management
This
analysis
multiplied
these
state­
level
survey
data
burden
hours
by
the
number
of
state
administered
training
providers,
firms,
and
individuals
found
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
in
order
to
estimate
the
total
burden
to
all
states
of
administering
training
providers,
firms
and
individuals.

The
total
reporting
and
recordkeeping
burden
to
all
states
with
authorized
programs
in
calender
year
2000
is
estimated
to
be
99,734
hours.
In
2001
the
total
reporting
and
recordkeeping
burden
to
all
states
with
authorized
programs
drops
to
19,025
hours,
due
to
the
initial
surge
of
accreditations
and
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.4.
details
the
total
reporting
and
recordkeeping
burden
to
each
type
of
EPA
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual)
and
summarizes
the
burden
to
states
for
program
administration.
August
13,
2000
25
Exhibit
6.4.
State:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
per
Entity
Type
Clerical
Hours
Technical
Hours
Managerial
Hours
Certify
Re­
certify
Certify
Re­
certify
Certify
Re­
certify
Training
Providers
3.36
1.40
28.37
10.13
8.93
7.63
Firms
0.61
0.44
4.73
4.25
2.90
2.90
Individuals
1.56
1.36
3.15
1.80
1.32
0.76
Entities
per
Calender
Year
Number
of
State
Administered
Entities
2000
2001
2002
Training
Providers
Year
1
41
3
3
Year
2*
85
40
2
Year
3*
0
83
40
Year
4*
0
0
81
Firms
Year
1
2,902
290
290
Year
2*
0
2,612
261
Year
3*
0
0
2,351
Individuals
Year
1
12,301
2,743
2,743
Year
2*
0
9,558
2,110
Year
3*
0
0
7,448
Burden
per
Calender
Year
2000
2001
2002
Training
Providers
1,679
102
102
Firms
23,930
2,393
2,393
Individuals
74,126
16,530
16,530
Total
State
Burden
Hours
99,734
19,025
19,025
*
No
reporting
and
recordkeeping
burden/
cost
incurred.

Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).

All
firms
will
receive
initial
certification
during
calender
year
2000.
(
Currently,
no
firms
have
completed
the
certification
process.)
All
individuals
will
receive
initial
certification
during
calender
year
2000.
(
Currently,
no
individuals
have
completed
the
certification
process.)

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
and
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey
August
13,
2000
26
6(
b)
Estimating
Respondent
Costs
Introduction
The
cost
estimates
addressed
in
this
section
are
based
on
the
burden
estimates
discussed
in
section
6(
a).
Wage
rates
for
each
category
of
personnel
are
based
on
wage
rate
information
from
the
Bureau
of
Labor
Statistics
(
BLS),
and
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
All
wage
rates
are
reported
in
1998
U.
S.
dollars.
The
following
fringe
and
overhead
factors
from
the
fees
rule
and
the
Comprehensive
Assessment
Information
Rule
(
CAIR)
were
applied:

­
Government
Employees
1.6
(
fees
rule)
­
Managerial
Non­
government
1.64
(
CAIR)
­
Technical
Non­
government
1.65
(
CAIR)
­
Clerical
Non­
government
1.66
(
CAIR).

The
following
table
presents
the
wage
rates
used
in
this
analysis
including
fringe
and
overhead
(
1998
U.
S.
dollars):

Professional­­
non­
government
(
BLS
Other
Professional
39999)
`
$
32.70
Clerical­­
non­
government
(
BLS
Secretaries
55108)
`
$
19.86
Managerial
­­
states
(
GS
13,
Step
1)
$
42.18
Technical
 
states
(
GS
11,
Step
1)
$
29.58
Clerical
 
states
(
GS
6,
Step
1)
$
17.98
Managerial
 
EPA
Headquarters
(
GS
13,
Step
1)
$
42.91
Technical
 
EPA
Headquarters
(
GS
11,
Step
1)
$
30.11
Clerical
 
EPA
Headquarters
(
GS
6,
Step
1)
$
18.30
Technical
 
EPA
Regions
(
GS
11,
Step
1)
$
29.58
Inspector
(
BLS
Chemical
Technicians
24505)
`
$
26.50
Risk
Assessor
(
BLS
Construction
and
Building
Inspectors
21908)
`
$
31.04
Project
Designer
(
BLS
Construction
Managers
15017)
`
$
40.60
Supervisor
(
BLS
Other
Construction
Supervisors
and
Managers
81099)
`
$
30.93
Worker
(
BLS
Painters
and
Paper
Hangers
87402)
`
$
22.26
`
Inflated
from
1997
U.
S.
dollars
to
1998
U.
S.
dollars
using
the
GDP
inflator.

Training
Providers
Based
on
occupational
descriptions
accompanying
the
BLS
data,
the
BLS
occupational
wage
rates
of
Other
Professionals
and
Secretaries
were
chosen
to
calculate
the
professional
and
clerical
labor
costs.
These
wage
rates
were
updated
using
the
GDP
inflator
and
multiplied
by
the
overhead
and
fringe
factors
of
1.65
for
professional
and
1.66
for
clerical
staff.
The
final
loaded
wage
rates
were
$
32.70
for
professional
staff
and
$
19.86
for
clerical
staff.

Based
on
the
burden
estimates
provided
in
Section
6(
a)
and
the
wage
rates
August
13,
2000
27
discussed
above,
this
analysis
estimates
the
cost
to
training
providers
in
the
calender
year
2000
at
$
37,144
for
training
providers
in
state
administered
programs
and
$
15,035
for
ones
in
EPA
administered
programs.
The
total
reporting
and
recordkeeping
cost
for
all
training
providers
in
calender
year
2000
is
estimated
to
be
$
52,179.
In
calender
year
2001
the
total
reporting
and
recordkeeping
cost
for
all
training
providers
drops
to
$
5,819,
due
to
the
initial
surge
of
accreditations
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.5.
below
summarizes
the
cost
of
the
reporting
and
annual
recordkeeping
requirements
for
training
providers.

Exhibit
6.5.
Training
Providers:
Reporting
and
Recordkeeping
Cost
Estimates
Cost
Element
Professional
($
32.70/
hr)
Clerical
($
19.86/
hr)
Burden
Hours
Cost
($)
Per
Training
Provider
Accreditation
Rule
Familiarization
8.00
0.00
8.00
$
261.60
Accreditation
Statement
7.60
2.00
9.60
$
288.25
Quality
Control
Plan
8.00
2.00
10.00
$
301.33
Annual
Cost
Recordkeeping*
0.00
0.74
0.74
$
15.85
Quadrennial
Cost
(
In
Addition
to
Annual
Cost)
Re­
accreditation
3.80
1.00
4.80
$
144.12
Audit**
0.20
0.40
0.60
$
14.49
Cost
Per
Training
Provider
First
Year
of
Operation
$
867.03
Second,
Third
and
Fourth
Year
of
Operation
$
15.85
Fifth
Year
of
Operation
$
174.46
Cost
Per
Calender
Year
State
Administered
Entities
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Cost
$
37,144
$
4,142
$
4,142
$
15,035
$
1,677
$
1,677
Cost
Summary
Per
Calender
Year
2000
2001
2002
Total
Cost
$
52,179
$
5,819
$
5,819
*
(
17,249
student
files/
177
training
providers)
*
0.0083
hours
per
report
=
0.809
hours.
**
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited
Note(
s):
numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis,
and
the
Bureau
of
Labor
Statistics.
August
13,
2000
28
Firms
Performing
Lead­
based
Paint
Activities
Costs
The
recordkeeping
costs
fall
under
two
categories:
labor
and
materials.
The
cost
estimates
used
in
this
analysis
rely
heavily
on
the
burden
estimates
developed
for
the
analysis
of
section
406
(
USEPA,
1993c).
Recordkeeping
labor
costs
consist
of
the
time
associated
with
the
actual
filing
of
the
records.
The
analysis
of
section
406
estimates
that
the
time
associated
with
filing
each
report,
regardless
of
size,
is
0.5
minutes
or
0.0083
hours.
Copying
costs
are
calculated
based
on
$
0.06
per
copy
multiplied
by
the
total
number
of
pages
to
be
copied;
only
one
copy
is
required.

As
detailed
in
Section
6(
a),
the
total
number
of
events
are
based
on
the
prior
ICR.
The
wage
rates
used
to
represent
professional
and
clerical
labor
costs
are
the
same
as
those
detailed
above
for
training
providers.

Based
on
the
burden
estimates
provided
in
Section
6(
a)
and
the
professional
and
clerical
wage
rates
described
in
the
above
section
for
training
providers,
this
analysis
estimates
the
cost
to
all
firms
in
the
calender
year
2000
at
$
7,866,483
for
firms
in
state
administered
programs
and
$
3,163,400
for
firms
in
EPA
administered
programs.
The
total
reporting
and
recordkeeping
cost
to
all
firms
for
the
calender
year
2000
is
estimated
to
be
$
11,029,883.
In
calender
years
2001
and
2002
the
total
annual
reporting
and
recordkeeping
cost
for
all
firms
is
estimated
to
be
$
10,130,839.
Exhibit
6.6.
below
summarizes
the
cost
of
the
reporting
and
annual
recordkeeping
requirements
for
firms.
August
13,
2000
29
Exhibit
6.6.
Firms:
Reporting
and
Recordkeeping
Cost
Estimates
Category
Average
Reporting
Cost
Per
Firm
Average
Recordkeeping
Cost
Per
Firm*
Total
Number
of
Pages
Per
Firm
Material
cost
(@
$
0.06per
page)
Average
Cost
Per
Firm
Certification
Rule
Familiarization
($
32.70/
hr)
$
196.20
$
0.00
­
$
0.00
$
196.20
Certification
letter
($
32.70/
hr)
$
49.05
$
0.16
1.39
$
0.08
$
49.30
Target
Housing
(
including
Soil
Abatements)

Risk
Assessment
and
lead
hazard
screen
reports
($
31.04/
hr)
$
929.87
$
2.66
64.43
$
3.87
$
936.39
Pre­
Abatement
Notifications
($
30.93/
hr)
$
69.69
$
0.74
9.03
$
0.54
$
70.98
O
c
c
u
p
a
n
t
P
r
o
t
e
c
t
i
o
n
P
l
a
n
($
40.60/
hr)
$
567.15
$
2.30
41.86
$
2.51
$
571.96
Post­
Abatement
Reports
($
30.93/
hr)
$
864.25
$
0.00
41.86
$
2.51
$
866.76
Child­
Occupied
Facilities
(
including
Soil
Abatements)

Risk
Assessment
and
lead
hazard
screen
reports
($
31.04/
hr)
$
4.23
$
0.02
0.49
$
0.03
$
4.28
Pre­
Abatement
Notifications
($
30.93/
hr)
$
1.93
$
0.02
0.25
$
0.01
$
1.97
O
c
c
u
p
a
n
t
P
r
o
t
e
c
t
i
o
n
P
l
a
n
($
40.60/
hr)
$
5.07
$
0.02
0.25
$
0.01
$
5.11
Post­
Abatement
Reports
($
30.93/
hr)
$
7.73
$
0.02
0.25
$
0.01
$
7.77
Cost
Per
Firm
First
Year
of
Operation
$
2,710.71
Second
and
Third
Year
of
Operation
$
2,465.21
Fourth
Year
of
Operation
$
2,514.51
Cost
Per
Calender
Year
State
Administered
Entities
EPA
Administered
Entities
2000
2001
2002
2000
2001
2002
Cost
$
7,866,483
$
7,225,288
$
7,225,288
$
3,163,400
$
2,905,552
$
2,905,552
Cost
Summary
Per
Calender
Year
2000
2001
2002
Total
Cost
$
11,029,883
$
10,130,839
$
10,130,839
*
.0083
hours
per
report
@
$
19.86/
hr
Note(
s):
Numbers
may
not
calculate
due
to
rounding.
Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
All
firms
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
firms
have
completed
the
certification
process).
Source(
s):
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis,
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
and
the
Bureau
of
Labor
Statistics.
August
13,
2000
30
Individuals
Performing
Lead
Abatement
Based
on
occupational
descriptions
accompanying
the
BLS
data,
the
BLS
occupational
wage
rates
of
Chemical
Technicians,
Construction
and
Building
Inspectors,
Construction
Managers,
Other
Construction
Supervisors
and
Managers,
and
Painters
and
Paper
Hangers
were
chosen
to
calculate
the
professional
and
clerical
labor
costs
of
inspectors,
risk
assessors,
project
designers,
supervisors,
and
workers
respectively.
These
wage
rates
were
updated
using
the
GDP
inflator
and
multiplied
by
an
overhead
and
fringe
factor
of
1.65
for
technical
non­
governmental
staff
(
CAIR).
The
final
loaded
wage
rates
were
$
26.50/
hr
for
inspectors,
$
31.04/
hr
for
risk
assessors,
$
40.60/
hr
for
project
designers,
$
30.93/
hr
for
Supervisors,
and
$
22.26/
hr
for
workers.

Based
on
the
cost
estimates
provided
in
Section
6(
a)
and
the
wage
rates
discussed
above,
this
analysis
estimates
the
total
reporting
and
recordkeeping
cost
to
all
individuals
in
calender
year
2000
to
be
$
430,661.
Approximately
29
percent
of
this
total
cost
is
incurred
by
individuals
in
EPA
administered
programs.
In
2001
the
total
reporting
and
recordkeeping
cost
to
all
individuals
drops
to
$
90,548,
due
to
the
initial
surge
of
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.7.
details
the
total
reporting
and
recordkeeping
cost
to
the
individual
subgroups
(
e.
g.,
inspectors,
risk
assessors,
and
workers)
and
summarizes
the
individual
cost.

Exhibit
6.7.
Individual:
Reporting
and
Recordkeeping
Cost
Estimates
Cost
per
Calender
Year
2000
2001
2002
Inspectors
($
26.50/
hr.)
$
137,117
$
27,423
$
27,423
Risk
Assessors
($
31.04/
hr.)
$
128,496
$
25,699
$
25,699
Supervisors
($
30.93/
hr.)
$
117,398
$
23,480
$
23,480
Workers
($
22.26/
hr.)
$
44,158
$
13,248
$
13,248
Project
Designers
($
40.60/
hr.)
$
3,492
$
698
$
698
Total
Individual
Cost
$
430,661
$
90,548
$
90,548
Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation
All
individuals
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
individuals
have
completed
the
certification
process).

Source(
s):
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis;
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule;
and
the
Bureau
of
Labor
Statistics.

State
Costs
The
reporting/
recordkeeping
requirement
costs
include
the
wages
associated
with
the
burden
estimated
in
Section
6(
a).
The
wage
rates
used
to
calculate
the
state
costs
were
based
on
the
relevant
GS
level
wage
rates
as
presented
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
The
wage
rates
used
are
$
42.18
for
managerial
staff,
$
29.58
for
technical
staff
and
$
17.98
for
clerical
staff.
August
13,
2000
31
The
total
reporting
and
recordkeeping
cost
to
all
states
with
authorized
programs
in
calender
year
2000
is
estimated
to
be
$
3,020,674.
In
2001
the
total
reporting
and
recordkeeping
cost
to
all
states
with
authorized
programs
drops
to
$
567,486,
due
to
the
initial
surge
of
accreditations
and
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.8.
details
the
total
reporting
and
recordkeeping
cost
to
each
type
of
state
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual).

Exhibit
6.8.
State
Reporting
and
Recordkeeping
Cost
Estimates
2000
2001
2002
Training
Providers
$
52,687
$
3,215
$
3,215
Firms
$
793,390
$
79,339
$
79,339
Individuals
$
2,174,596
$
484,932
$
484,932
Total
State
Cost
$
3,020,674
$
567,486
$
567,486
Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).
All
firms
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
firms
have
completed
the
certification
process).
All
individuals
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
individuals
have
completed
the
certification
process).

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey,
and
the
Bureau
of
Labor
Statistics.

6(
c)
Estimating
Agency
Burden
and
Cost
EPA
Burden
Although
sections
402
(
a)
and
404
do
not
require
that
States
develop
a
lead
program,
it
is
encouraged.
As
discussed
in
Section
6(
a)
of
this
ICR,
however,
only
32
states
and
the
District
of
Columbia
have
sought
authorization
to
administer
their
own
programs
under
TSCA
section
402.
This
ICR
assumes
that
programs
for
the
remaining
states
will
be
administered
by
EPA.
Thus
the
burden
on
EPA
due
to
reviewing
and
approving
state
applications
to
administer
their
own
programs
has
already
been
incurred.
If
additional
states
seek
authorization
,
the
cost
to
EPA
of
reviewing
and
approving
these
applications
will
be
offset
by
the
reduction
in
EPA
hours
used
to
administer
the
programs.

This
analysis
estimates
the
agency
burden
of
administering
training
providers,
firms,
and
individuals
in
unauthorized
states
by
using
state­
level
survey
data
collected
for
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
and
assumes
that
the
EPA
Regional
Offices
will
play
the
major
role
in
administering
the
section
402
requirements
in
states
without
their
own
programs,
while
EPA
Headquarters
will
coordinate
the
regional
activities,
provide
public
assistance
and
perform
other
activities.

Based
on
these
assumptions
and
data,
the
total
burden
to
EPA
regions
in
calender
year
2000
is
estimated
to
be
40,119
hours.
In
2001
the
total
reporting
and
recordkeeping
August
13,
2000
32
burden
to
EPA
regions
drops
to
7,653,
due
to
the
initial
surge
of
accreditations
and
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.9.
details
the
total
reporting
and
recordkeeping
burden
to
each
type
of
EPA
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual).

In
addition
the
annual
burden
to
EPA
Headquarters
is
estimated
to
be
728
hours
for
each
calender
year
of
the
analysis
(
See
Exhibit
6.10.).
Thus
the
total
EPA
burden
in
calender
year
2000
is
40,847
hours
and
drops
to
8,381
hours
for
calender
years
2001
and
2002.

Exhibit
6.9.
EPA
Regions:
Reporting
and
Recordkeeping
Burden
Estimates
EPA
Region
Burden
per
Entity
Type
Clerical
Hours
Technical
Hours
Managerial
Hours
Certify
Re­
certify
Certify
Re­
certify
Certify
Re­
certify
Training
Providers
3.36
1.40
28.37
10.13
8.93
7.63
Firms
0.61
0.44
4.73
4.25
2.90
2.90
Individuals
1.56
1.36
3.15
1.80
1.32
0.76
Entities
per
Calender
Year
Number
of
State
Administered
Entities
2000
2001
2002
Training
Providers
Year
1
17
1
1
Year
2*
34
16
1
Year
3*
0
34
16
Year
4*
0
0
33
Firms
Year
1
1,167
117
117
Year
2*
0
1,050
105
Year
3*
0
0
945
Individuals
Year
1
4,948
1,103
1,103
Year
2*
0
3,845
849
Year
3*
0
0
2,996
Burden
per
Calender
Year
2000
2001
2002
Training
Providers
679
41
41
Firms
9,623
962
962
Individuals
29,817
6,649
6,649
Total
EPA
Regional
Burden
40,119
7,653
7,653
*
No
reporting
and
recordkeeping
burden/
cost
incurred.

Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).
All
firms
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
firms
have
completed
the
certification
process).
All
individuals
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
individuals
have
completed
the
certification
August
13,
2000
33
process).

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
and
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey.

Exhibit
6.10.
EPA
Headquarters:
Reporting
and
Recordkeeping
Burden
Estimates
Annual
EPA
Headquarters
Burden
Clerical
Burden
Technical
Burden
Managerial
Burden
Coordinate
with
Regions*
0.00
104.00
0.00
Public
Assistance*
104.00
104.00
0.00
Other*
104.00
104.00
208.00
Annual
Burden
to
Headquarters
728
*
HQ
administrative
burden
and
costs
from
the
Fees
Rule;
for
all
EPA
administered
States
Assumption(
s):
The
distribution
of
entities
between
States
and
EPA
will
not
change
over
the
three
year
period
covered
by
this
analysis.

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
and
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey.

EPA
Cost
The
burden
associated
with
EPA
certification
of
state
programs
were
estimated
above.
The
labor
rates
used
correspond
to
the
appropriate
GS
level,
and
differ
between
Regions
and
Headquarters
due
to
cost­
of­
living
adjustments.
These
adjusted
labor
rates
were
taken
from
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
The
costs
include
a
factor
of
0.60
to
account
for
federal
fringe
and
overhead.

Based
on
these
estimates,
the
reporting
and
recordkeeping
cost
to
EPA
regions
in
calender
year
2000
is
estimated
to
be
$
1,215,095.
In
2001
the
total
reporting
and
recordkeeping
cost
to
EPA
regions
drops
to
$
228,267,
due
to
the
initial
surge
of
accreditations
and
certifications
having
passed,
and
remains
at
this
level
in
calender
year
2002.
Exhibit
6.11.
details
the
total
reporting
and
recordkeeping
cost
to
each
type
of
EPA
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual).
The
annual
cost
to
EPA
Headquarters
is
estimated
to
be
$
22,126
for
each
calender
year
of
the
analysis
(
See
Exhibit
6.12.).
Thus
the
total
EPA
cost
in
calender
year
2000
is
$
1,237,221
and
drops
to
$
250,393
for
calender
years
2001
and
2002.

There
will
be
additional
costs
involved
in
transitioning
from
an
existing
federal
program
to
an
authorized
state
program
in
states
that
receive
authorization
after
the
federal
program
has
been
fully
established.
Currently,
we
do
not
have
a
way
of
estimating
the
additional
burden,
nor
the
number
of
state
programs
potentially
affected.
Such
changes
would
also
reduce
the
annual
burden
on
EPA.

Exhibit
6.11.
EPA
Regions:
Reporting
and
Recordkeeping
Cost
Estimates
August
13,
2000
34
2000
2001
2002
Training
Providers
$
21,326
$
1,301
$
1,301
Firms
$
319,051
$
31,905
$
31,905
Individuals
$
874,718
$
195,061
$
195,061
Total
EPA
Regional
Cost
$
1,215,095
$
228,267
$
228,267
Note(
s):
Numbers
may
not
calculate
due
to
rounding.

Assumption(
s):
EPA
and
State
administered
programs
are
at
approximately
the
same
point
in
program
implementation.
69%
of
all
Training
Providers
will
be
accredited
by
December
31,
1999
(
based
on
EPA
estimate
that
approximately
35
will
be
accredited
in
EPA
administered
programs
by
end
of
1999).
All
firms
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
firms
have
completed
the
certification
process).
All
individuals
will
receive
initial
certification
during
calender
year
2000
(
Currently,
no
individuals
have
completed
the
certification
process).

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey,
and
the
Bureau
of
Labor
Statistics.

Exhibit
6.12.
EPA
Headquarters:
Reporting
and
Recordkeeping
Cost
Estimates
Annual
EPA
Headquarters
Cost
Clerical
($
18.30/
hr.)
Technical
($
30.11/
hr.)
Managerial
($
42.91/
hr.)
Coordinate
with
Regions*
$
0.00
$
3,131.44
$
0.00
Public
Assistance*
$
1,903.20
$
3,131.44
$
0.00
Other*
$
1,903.20
$
3,131.44
$
8,925.28
Annual
Cost
to
Headquarters
$
22,126
*
HQ
administrative
burden
and
costs
from
the
Fees
Rule;
for
all
EPA
administered
States
Note(
s):
Numbers
may
not
calculate
due
to
rounding.
Assumption(
s):
The
distribution
of
entities
between
States
and
EPA
will
not
change
over
the
three
year
period
covered
by
this
analysis.

Source(
s):
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule,
and
the
data
summary
from
the
nine
state
lead
accreditation
and
certification
program
survey.

6(
d)
Bottom
Line
Burden
Hours
and
Cost
(
i)
Respondent
Tally
As
indicated
in
the
table
below,
the
total
annual
respondent
burden
and
costs
for
the
collection
of
this
information
in
the
first
effective
year
is
estimated
to
be
1,744
hours
and
$
52,179
for
the
estimated
177
training
providers;
335,659
hours
and
$
11,029,883
for
the
estimated
4,069
firms
performing
lead­
based
paint
activities;
15,180
hours
and
$
430,661
for
the
17,249
individual
lead
personnel;
and
99,734
hours
and
$
3,020,674
for
the
states
(
i.
e.,
32
states
and
the
District
of
Columbia).
The
total
annual
respondent
burden
for
the
collection
of
this
information
in
the
second
and
third
effective
years
is
estimated
to
be
241
hours
and
$
5,819
for
the
estimated
177
training
providers;
308,162
hours
and
$
10,130,839
for
the
estimated
4,069
firms
performing
lead­
based
paint
activities;
3,234
hours
and
$
90,548
for
the
17,249
individual
lead
personnel;
and
19,025
hours
and
$
567,486
for
the
states.
August
13,
2000
35
2000
2001
2002
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
Training
Providers
1,744
$
52,179
241
$
5,819
241
$
5,819
Firms
Performing
Lead­
based
Paint
Activities
335,659
$
11,029,883
308,162
$
10,130,839
308,162
$
10,130,839
Individuals
15,180
$
430,661
3,234
$
90,548
3,234
$
90,548
States
99,734
$
3,020,674
19,025
$
567,486
19,025
$
567,486
Total
452,317
$
14,533,397
330,663
$
10,794,692
330,663
$
10,794,692
Therefore
the
average,
annualized
burden
and
cost
to
respondents
are
as
follows:

Annualized
burden
=
452,317
+
330,663
+
330,663
/
3
years
=
371,214
hours
Annualized
cost
=
$
14,533,397
+
$
10,794,692
+
$
10,794,692
/
3
years
=
$
12,040,927
(
ii)
Agency
Tally
Similarly,
the
total
annual
burden
and
costs
to
the
Agency
associated
with
this
information
collection
in
the
first
effective
year
and
in
the
second
and
third
effective
years
are
shown
below.

2000
2001
2002
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
Regions
40,119
$
1,215,095
7,653
$
228,267
7,653
$
228,267
Headquarters
728
$
22,126
728
$
22,126
728
$
22,126
Total
40,847
$
1,237,221
8,381
$
250,393
8,381
$
250,393
Therefore
the
average,
annualized
burden
and
cost
to
the
Agency
are
as
follows:

Annualized
burden
=
40,847
+
8,381
+
8,381
/
3
years
=
19,203
hours
Annualized
cost
=
$
1,237,221+
$
250,393
+
$
250,393
/
3
years
=
$
579,336
6(
e)
Reasons
For
Change
in
Burden
Compared
with
the
ICR
previously
approved
by
OMB,
there
is
a
net
decrease
of
32,327
hours
in
the
estimated
burden
to
respondents,
from
an
estimated
annual
total
burden
of
403,541
hours
currently
approved
to
an
estimated
annual
total
burden
of
371,214
hours
in
this
request.
This
decrease
reflects
a
number
of
factors,
all
of
which
represent
adjustments
in
the
burden
and
costs
calculations.
These
adjustments
are
directly
related
to
the
progress
in
implementing
this
program,
which
was
being
newly
established
when
the
previous
ICR
was
approved.
The
factors
are
desribed
in
more
detail
in
other
sections
of
this
ICR,
and
include
the
elimination
of
the
burden
and
costs
specifically
associated
with
the
initial
implamentation
of
the
program.
In
addition,
the
initial
ICR
was
developed
before
the
program
was
underway,
and
relied
on
burden
estimates
developed
as
part
of
the
TSCA
402/
404
rulemaking,
and
experience
with
other
similar
rules,
such
as
the
Asbestos
MAP.
Wage
rates
were
updated
to
reflect
current
economic
conditions,
and
better
estimates
are
now
available
on
the
likely
burden
and
costs
related
to
this
program.
Finally,
a
more
accurate
estimate
of
the
number
of
states
that
sought
August
13,
2000
authorization
to
run
their
own
programs
is
available;
the
initial
ICR
assumed
all
states
would
seek
authorization.

6(
f)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0155,
is
estimated
to
average
17.2
hours
per
response
(
371,214
average
annual
burden
hours
÷
21,527
average
annual
respondents).
According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations,
after
initial
display
in
the
final
rule,
are
listed
in
40
CFR
part
9,
and
appear
on
the
information
collection
instrument
(
i.
e.,
form
or
instructions).

At
any
time,
you
may
send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
Mail
Code
2822),
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
in
any
correspondence
but
do
not
submit
the
requested
information
to
this
address.
The
requested
information
should
be
submitted
in
accordance
with
the
instructions
accompanying
the
form,
or
as
specified
in
the
corresponding
regulation.

ATTACHMENTS:

[
NOTE:
Unless
otherwise
noted,
an
electronic
version
of
the
listed
attachment
appears
in
the
electronic
file
for
the
ICR,
following
the
main
text
of
the
Supporting
Statement.]

A
­
Sections
402
and
404
of
the
Toxic
Substances
Control
Act
(
15
USC
2682,
2684)

B
­
40
CFR
745,
Subparts
L
and
Q;
Lead­
Based
Paint
Poisoning
Prevention
in
Certain
Residential
Structures;
Subpart
L
­
Lead­
Based
Paint
Activities;
Subpart
Q
­
State
and
Indian
Tribal
Programs
C
­
Response
to
Comments
D
­
Application
and
Instructions
Used
in
the
Federal
Program
(
These
new
documents
are
not
yet
available
electronically.
They
will
be
added
to
the
Lead
Homepage
as
August
13,
2000
soon
as
they
are.
Please
check
the
Home
page
at
http://
www.
epa.
gov/
lead/,
or
contact
EPA.)
August
13,
2000
A
­
1
ATTACHMENT
A
Toxic
Substances
Control
Act
(
TSCA)
Sections
402
and
404
(
15
USC
2682,
2684)

Sec.
2682.
Lead­
based
paint
activities
training
and
certification
(
a)
Regulations
(
1)
In
general
Not
later
than
18
months
after
October
28,
1992,
the
Administrator
shall,
in
consultation
with
the
Secretary
of
Labor,
the
Secretary
of
Housing
and
Urban
Development,
and
the
Secretary
of
Health
and
Human
Services
(
acting
through
the
Director
of
the
National
Institute
for
Occupational
Safety
and
Health),
promulgate
final
regulations
governing
lead­
based
paint
activities
to
ensure
that
individuals
engaged
in
such
activities
are
properly
trained;
that
training
programs
are
accredited;
and
that
contractors
engaged
in
such
activities
are
certified.
Such
regulations
shall
contain
standards
for
performing
lead­
based
paint
activities,
taking
into
account
reliability,
effectiveness,
and
safety.
Such
regulations
shall
require
that
all
risk
assessment,
inspection,
and
abatement
activities
performed
in
target
housing
shall
be
performed
by
certified
contractors,
as
such
term
is
defined
in
section
4851b
of
title
42.
The
provisions
of
this
section
shall
supersede
the
provisions
set
forth
under
the
heading
''
Lead
Abatement
Training
and
Certification''
and
under
the
heading
''
Training
Grants''
in
title
III
of
the
Act
entitled
''
An
Act
making
appropriations
for
the
Departments
of
Veterans
Affairs
and
Housing
and
Urban
Development,
and
for
sundry
independent
agencies,
commissions,
corporations,
and
offices
for
the
fiscal
year
ending
September
30,
1992,
and
for
other
purposes'',
Public
Law
102­
139
(
105
Stat.
765,
42
U.
S.
C.
4822
note),
and
upon
October
28,
1992,
the
provisions
set
forth
in
such
public
law
under
such
headings
shall
cease
to
have
any
force
and
effect.
(
2)
Accreditation
of
training
programs
Final
regulations
promulgated
under
paragraph
(
1)
shall
contain
specific
requirements
for
the
accreditation
of
lead­
based
paint
activities
training
programs
for
workers,
supervisors,
inspectors
and
planners,
and
other
individuals
involved
in
lead­
based
paint
activities,
including,
but
not
limited
to,
each
of
the
following:
(
A)
Minimum
requirements
for
the
accreditation
of
training
providers.
(
B)
Minimum
training
curriculum
requirements.
(
C)
Minimum
training
hour
requirements.
(
D)
Minimum
hands­
on
training
requirements.
(
E)
Minimum
trainee
competency
and
proficiency
requirements.
(
F)
Minimum
requirements
for
training
program
quality
control.
(
3)
Accreditation
and
certification
fees
The
Administrator
(
or
the
State
in
the
case
of
an
authorized
State
program)
shall
impose
a
fee
on
­
(
A)
persons
operating
training
programs
accredited
under
this
subchapter;
and
(
B)
lead­
based
paint
activities
contractors
certified
in
accordance
with
paragraph
(
1).
The
fees
shall
be
established
at
such
level
as
is
necessary
to
cover
the
costs
of
administering
and
enforcing
the
standards
and
regulations
under
this
section
which
are
applicable
to
such
programs
and
contractors.
The
fee
shall
not
be
imposed
on
any
State,
local
government,
or
nonprofit
training
program.
The
Administrator
(
or
the
State
in
the
case
of
an
authorized
State
program)
may
waive
the
fee
for
lead­
based
paint
activities
contractors
under
subparagraph
(
A)
for
the
purpose
of
training
their
own
employees.

(
b)
Lead­
based
paint
activities
For
purposes
of
this
subchapter,
the
term
''
lead­
based
paint
activities''
means
­
(
1)
in
the
case
of
target
housing,
risk
assessment,
inspection,
and
abatement;
and
(
2)
in
the
case
of
any
public
building
constructed
before
1978,
commercial
building,
bridge,
or
other
structure
or
superstructure,
identification
of
lead­
based
paint
and
materials
containing
lead­
based
paint,
deleading,
removal
of
lead
from
bridges,
and
demolition.
For
purposes
of
paragraph
(
2),
the
term
''
deleading''
means
activities
conducted
by
a
person
who
offers
to
eliminate
lead­
based
paint
or
lead­
based
paint
hazards
or
to
plan
such
activities.
August
13,
2000
A
­
2
(
c)
Renovation
and
remodeling
(
1)
Guidelines
In
order
to
reduce
the
risk
of
exposure
to
lead
in
connection
with
renovation
and
remodeling
of
target
housing,
public
buildings
constructed
before
1978,
and
commercial
buildings,
the
Administrator
shall,
within
18
months
after
October
28,
1992,
promulgate
guidelines
for
the
conduct
of
such
renovation
and
remodeling
activities
which
may
create
a
risk
of
exposure
to
dangerous
levels
of
lead.
The
Administrator
shall
disseminate
such
guidelines
to
persons
engaged
in
such
renovation
and
remodeling
through
hardware
and
paint
stores,
employee
organizations,
trade
groups,
State
and
local
agencies,
and
through
other
appropriate
means.
(
2)
Study
of
certification
The
Administrator
shall
conduct
a
study
of
the
extent
to
which
persons
engaged
in
various
types
of
renovation
and
remodeling
activities
in
target
housing,
public
buildings
constructed
before
1978,
and
commercial
buildings
are
exposed
to
lead
in
the
conduct
of
such
activities
or
disturb
lead
and
create
a
lead­
based
paint
hazard
on
a
regular
or
occasional
basis.
The
Administrator
shall
complete
such
study
and
publish
the
results
thereof
within
30
months
after
October
28,
1992.
(
3)
Certification
determination
Within
4
years
after
October
28,
1992,
the
Administrator
shall
revise
the
regulations
under
subsection
(
a)
of
this
section
to
apply
the
regulations
to
renovation
or
remodeling
activities
in
target
housing,
public
buildings
constructed
before
1978,
and
commercial
buildings
that
create
lead­
based
paint
hazards.
In
determining
which
contractors
are
engaged
in
such
activities,
the
Administrator
shall
utilize
the
results
of
the
study
under
paragraph
(
2)
and
consult
with
the
representatives
of
labor
organizations,
lead­
based
paint
activities
contractors,
persons
engaged
in
remodeling
and
renovation,
experts
in
lead
health
effects,
and
others.
If
the
Administrator
determines
that
any
category
of
contractors
engaged
in
renovation
or
remodeling
does
not
require
certification,
the
Administrator
shall
publish
an
explanation
of
the
basis
for
that
determination.

Sec.
2684.
Authorized
State
programs
(
a)
Approval
Any
State
which
seeks
to
administer
and
enforce
the
standards,
regulations,
or
other
requirements
established
under
section
2682
or
2686
of
this
title,
or
both,
may,
after
notice
and
opportunity
for
public
hearing,
develop
and
submit
to
the
Administrator
an
application,
in
such
form
as
the
Administrator
shall
require,
for
authorization
of
such
a
State
program.
Any
such
State
may
also
certify
to
the
Administrator
at
the
time
of
submitting
such
program
that
the
State
program
meets
the
requirements
of
paragraphs
(
1)
and
(
2)
of
subsection
(
b)
of
this
section.
Upon
submission
of
such
certification,
the
State
program
shall
be
deemed
to
be
authorized
under
this
section,
and
shall
apply
in
such
State
in
lieu
of
the
corresponding
Federal
program
under
section
2682
or
2686
of
this
title,
or
both,
as
the
case
may
be,
until
such
time
as
the
Administrator
disapproves
the
program
or
withdraws
the
authorization.

(
b)
Approval
or
disapproval
Within
180
days
following
submission
of
an
application
under
subsection
(
a)
of
this
section,
the
Administrator
shall
approve
or
disapprove
the
application.
The
Administrator
may
approve
the
application
only
if,
after
notice
and
after
opportunity
for
public
hearing,
the
Administrator
finds
that
­
(
1)
the
State
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
program
under
section
2682
or
2686
of
this
title,
or
both,
as
the
case
may
be,
and
(
2)
such
State
program
provides
adequate
enforcement.
Upon
authorization
of
a
State
program
under
this
section,
it
shall
be
unlawful
for
any
person
to
violate
or
fail
or
refuse
to
comply
with
any
requirement
of
such
program.

(
c)
Withdrawal
of
authorization
If
a
State
is
not
administering
and
enforcing
a
program
authorized
under
this
section
in
compliance
with
standards,
regulations,
and
other
requirements
of
this
subchapter,
the
Administrator
shall
so
notify
the
State
and,
if
corrective
action
is
not
completed
within
a
reasonable
time,
not
to
exceed
August
13,
2000
A
­
3
180
days,
the
Administrator
shall
withdraw
authorization
of
such
program
and
establish
a
Federal
program
pursuant
to
this
subchapter.

(
d)
Model
State
program
Within
18
months
after
October
28,
1992,
the
Administrator
shall
promulgate
a
model
State
program
which
may
be
adopted
by
any
State
which
seeks
to
administer
and
enforce
a
State
program
under
this
subchapter.
Such
model
program
shall,
to
the
extent
practicable,
encourage
States
to
utilize
existing
State
and
local
certification
and
accreditation
programs
and
procedures.
Such
program
shall
encourage
reciprocity
among
the
States
with
respect
to
the
certification
under
section
2682
of
this
title.

(
e)
Other
State
requirements
Nothing
in
this
subchapter
shall
be
construed
to
prohibit
any
State
or
political
subdivision
thereof
from
imposing
any
requirements
which
are
more
stringent
than
those
imposed
by
this
subchapter.

(
f)
State
and
local
certification
The
regulations
under
this
subchapter
shall,
to
the
extent
appropriate,
encourage
States
to
seek
program
authorization
and
to
use
existing
State
and
local
certification
and
accreditation
procedures,
except
that
a
State
or
local
government
shall
not
require
more
than
1
certification
under
this
section
for
any
lead­
based
paint
activities
contractor
to
carry
out
lead­
based
paint
activities
in
the
State
or
political
subdivision
thereof.

(
g)
Grants
to
States
The
Administrator
is
authorized
to
make
grants
to
States
to
develop
and
carry
out
authorized
State
programs
under
this
section.
The
grants
shall
be
subject
to
such
terms
and
conditions
as
the
Administrator
may
establish
to
further
the
purposes
of
this
subchapter.

(
h)
Enforcement
by
Administrator
If
a
State
does
not
have
a
State
program
authorized
under
this
section
and
in
effect
by
the
date
which
is
2
years
after
promulgation
of
the
regulations
under
section
2682
or
2686
of
this
title,
the
Administrator
shall,
by
such
date,
establish
a
Federal
program
for
section
2682
or
2686
of
this
title
(
as
the
case
may
be)
for
such
State
and
administer
and
enforce
such
program
in
such
State.
August
13,
2000
B
­
1
ATTACHMENT
B
40
CFR
745,
Subparts
L
and
Q
Lead­
Based
Paint
Poisoning
Prevention
in
Certain
Residential
Structures
Subpart
L
­
Lead­
Based
Paint
Activities
Subpart
Q
­
State
and
Indian
Tribal
Programs
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
745­­
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES­­
Table
of
Contents
Subpart
L­­
Lead­
Based
Paint
Activities
Source:
61
FR
45813,
Aug.
29,
1996,
unless
otherwise
noted.

Sec.
745.220
Scope
and
applicability.

(
a)
This
subpart
contains
procedures
and
requirements
for
the
accreditation
of
lead­
based
paint
activities
training
programs,
procedures
and
requirements
for
the
certification
of
individuals
and
firms
engaged
in
lead­
based
paint
activities,
and
work
practice
standards
for
performing
such
activities.
This
subpart
also
requires
that,
except
as
discussed
below,
all
lead­
based
paint
activities,
as
defined
in
this
subpart,
be
performed
by
certified
individuals
and
firms.
(
b)
This
subpart
applies
to
all
individuals
and
firms
who
are
engaged
in
lead­
based
paint
activities
as
defined
in
Sec.
745.223,
except
persons
who
perform
these
activities
within
residential
dwellings
that
they
own,
unless
the
residential
dwelling
is
occupied
by
a
person
or
persons
other
than
the
owner
or
the
owner's
immediate
family
while
these
activities
are
being
performed,
or
a
child
residing
in
the
building
has
been
identified
as
having
an
elevated
blood
lead
level.
This
subpart
applies
only
in
those
States
or
Indian
Country
that
do
not
have
an
authorized
State
or
Tribal
program
pursuant
to
Sec.
745.324
of
subpart
Q.
(
c)
Each
department,
agency,
and
instrumentality
of
the
executive,
legislative,
and
judicial
branches
of
the
Federal
Government
having
jurisdiction
over
any
property
or
facility,
or
engaged
in
any
activity
resulting,
or
which
may
result,
in
a
lead­
based
paint
hazard,
and
each
officer,
agent,
or
employee
thereof
shall
be
subject
to,
and
comply
with,
all
Federal,
State,
interstate,
and
local
requirements,
both
substantive
and
procedural,
including
the
requirements
of
this
subpart
regarding
lead­
based
paint,
lead­
based
paint
activities,
and
lead­
based
paint
hazards.
(
d)
While
this
subpart
establishes
specific
requirements
for
performing
lead­
based
paint
activities
should
they
be
undertaken,
nothing
in
this
subpart
requires
that
the
owner
or
occupant
undertake
any
particular
lead­
based
paint
activity.

Sec.
745.223
Definitions.

The
definitions
in
subpart
A
apply
to
this
subpart.
In
addition,
the
following
definitions
apply.
Abatement
means
any
measure
or
set
of
measures
designed
to
permanently
eliminate
lead­
based
paint
hazards.
Abatement
includes,
but
is
not
limited
to:
(
1)
The
removal
of
lead­
based
paint
and
lead­
contaminated
dust,
the
permanent
enclosure
or
encapsulation
of
lead­
based
paint,
the
replacement
of
lead­
painted
surfaces
or
fixtures,
and
the
removal
or
covering
of
lead­
contaminated
soil;
and
(
2)
All
preparation,
cleanup,
disposal,
and
post­
abatement
clearance
testing
activities
associated
with
such
measures.
(
3)
Specifically,
abatement
includes,
but
is
not
limited
to:
(
i)
Projects
for
which
there
is
a
written
contract
or
other
documentation,
which
provides
that
an
individual
or
firm
will
be
conducting
activities
in
or
to
a
residential
dwelling
or
child­
occupied
facility
that:
(
A)
Shall
result
in
the
permanent
elimination
of
lead­
based
paint
hazards;
or
August
13,
2000
B
­
2
(
B)
Are
designed
to
permanently
eliminate
lead­
based
paint
hazards
and
are
described
in
paragraphs
(
1)
and
(
2)
of
this
definition.
(
ii)
Projects
resulting
in
the
permanent
elimination
of
lead­
based
paint
hazards,
conducted
by
firms
or
individuals
certified
in
accordance
with
Sec.
745.226,
unless
such
projects
are
covered
by
paragraph
(
4)
of
this
definition;
(
iii)
Projects
resulting
in
the
permanent
elimination
of
lead­
based
paint
hazards,
conducted
by
firms
or
individuals
who,
through
their
company
name
or
promotional
literature,
represent,
advertise,
or
hold
themselves
out
to
be
in
the
business
of
performing
lead­
based
paint
activities
as
identified
and
defined
by
this
section,
unless
such
projects
are
covered
by
paragraph
(
4)
of
this
definition;
or
(
iv)
Projects
resulting
in
the
permanent
elimination
of
lead­
based
paint
hazards,
that
are
conducted
in
response
to
State
or
local
abatement
orders.
(
4)
Abatement
does
not
include
renovation,
remodeling,
landscaping
or
other
activities,
when
such
activities
are
not
designed
to
permanently
eliminate
lead­
based
paint
hazards,
but,
instead,
are
designed
to
repair,
restore,
or
remodel
a
given
structure
or
dwelling,
even
though
these
activities
may
incidentally
result
in
a
reduction
or
elimination
of
lead­
based
paint
hazards.
Furthermore,
abatement
does
not
include
interim
controls,
operations
and
maintenance
activities,
or
other
measures
and
activities
designed
to
temporarily,
but
not
permanently,
reduce
lead­
based
paint
hazards.
Accredited
training
program
means
a
training
program
that
has
been
accredited
by
EPA
pursuant
to
Sec.
745.225
to
provide
training
for
individuals
engaged
in
lead­
based
paint
activities.
Adequate
quality
control
means
a
plan
or
design
which
ensures
the
authenticity,
integrity,
and
accuracy
of
samples,
including
dust,
soil,
and
paint
chip
or
paint
film
samples.
Adequate
quality
control
also
includes
provisions
for
representative
sampling.
Certified
firm
means
a
company,
partnership,
corporation,
sole
proprietorship,
association,
or
other
business
entity
that
performs
lead­
based
paint
activities
to
which
EPA
has
issued
a
certificate
of
approval
pursuant
to
Sec.
745.226(
f).
Certified
inspector
means
an
individual
who
has
been
trained
by
an
accredited
training
program,
as
defined
by
this
section,
and
certified
by
EPA
pursuant
to
Sec.
745.226
to
conduct
inspections.
A
certified
inspector
also
samples
for
the
presence
of
lead
in
dust
and
soil
for
the
purposes
of
abatement
clearance
testing.
Certified
abatement
worker
means
an
individual
who
has
been
trained
by
an
accredited
training
program,
as
defined
by
this
section,
and
certified
by
EPA
pursuant
to
Sec.
745.226
to
perform
abatements.
Certified
project
designer
means
an
individual
who
has
been
trained
by
an
accredited
training
program,
as
defined
by
this
section,
and
certified
by
EPA
pursuant
to
Sec.
745.226
to
prepare
abatement
project
designs,
occupant
protection
plans,
and
abatement
reports.
Certified
risk
assessor
means
an
individual
who
has
been
trained
by
an
accredited
training
program,
as
defined
by
this
section,
and
certified
by
EPA
pursuant
to
Sec.
745.226
to
conduct
risk
assessments.
A
risk
assessor
also
samples
for
the
presence
of
lead
in
dust
and
soil
for
the
purposes
of
abatement
clearance
testing.
Certified
supervisor
means
an
individual
who
has
been
trained
by
an
accredited
training
program,
as
defined
by
this
section,
and
certified
by
EPA
pursuant
to
Sec.
745.226
to
supervise
and
conduct
abatements,
and
to
prepare
occupant
protection
plans
and
abatement
reports.
Child­
occupied
facility
means
a
building,
or
portion
of
a
building,
constructed
prior
to
1978,
visited
regularly
by
the
same
child,
6
years
of
age
or
under,
on
at
least
two
different
days
within
any
week
(
Sunday
through
Saturday
period),
provided
that
each
day's
visit
lasts
at
least
3
hours
and
the
combined
weekly
visit
lasts
at
least
6
hours,
and
the
combined
annual
visits
last
at
least
60
hours.
Child­
occupied
facilities
may
include,
but
are
not
limited
to,
day­
care
centers,
preschools
and
kindergarten
classrooms.
Clearance
levels
are
values
that
indicate
the
maximum
amount
of
lead
permitted
in
dust
on
a
surface
following
completion
of
an
abatement
activity.
Common
area
means
a
portion
of
a
building
that
is
generally
accessible
to
all
occupants.
Such
an
area
may
include,
but
is
not
limited
to,
hallways,
stairways,
laundry
and
recreational
rooms,
playgrounds,
community
centers,
garages,
and
boundary
fences.
Component
or
building
component
means
specific
design
or
structural
elements
or
fixtures
of
a
building,
residential
dwelling,
or
child­
occupied
facility
that
are
distinguished
from
each
other
by
form,
function,
and
location.
These
include,
but
are
not
limited
to,
interior
components
such
as:
ceilings,
crown
molding,
walls,
chair
rails,
doors,
door
trim,
floors,
fireplaces,
radiators
and
other
heating
units,
shelves,
shelf
supports,
August
13,
2000
B
­
3
stair
treads,
stair
risers,
stair
stringers,
newel
posts,
railing
caps,
balustrades,
windows
and
trim
(
including
sashes,
window
heads,
jambs,
sills
or
stools
and
troughs),
built
in
cabinets,
columns,
beams,
bathroom
vanities,
counter
tops,
and
air
conditioners;
and
exterior
components
such
as:
painted
roofing,
chimneys,
flashing,
gutters
and
downspouts,
ceilings,
soffits,
fascias,
rake
boards,
cornerboards,
bulkheads,
doors
and
door
trim,
fences,
floors,
joists,
lattice
work,
railings
and
railing
caps,
siding,
handrails,
stair
risers
and
treads,
stair
stringers,
columns,
balustrades,
window
sills
or
stools
and
troughs,
casings,
sashes
and
wells,
and
air
conditioners.
Containment
means
a
process
to
protect
workers
and
the
environment
by
controlling
exposures
to
the
lead­
contaminated
dust
and
debris
created
during
an
abatement.
Course
agenda
means
an
outline
of
the
key
topics
to
be
covered
during
a
training
course,
including
the
time
allotted
to
teach
each
topic.
Course
test
means
an
evaluation
of
the
overall
effectiveness
of
the
training
which
shall
test
the
trainees'
knowledge
and
retention
of
the
topics
covered
during
the
course.
Course
test
blue
print
means
written
documentation
identifying
the
proportion
of
course
test
questions
devoted
to
each
major
topic
in
the
course
curriculum.
Deteriorated
paint
means
paint
that
is
cracking,
flaking,
chipping,
peeling,
or
otherwise
separating
from
the
substrate
of
a
building
component.
Discipline
means
one
of
the
specific
types
or
categories
of
lead­
based
paint
activities
identified
in
this
subpart
for
which
individuals
may
receive
training
from
accredited
programs
and
become
certified
by
EPA.
For
example,
  
abatement
worker''
is
a
discipline.
Distinct
painting
history
means
the
application
history,
as
indicated
by
its
visual
appearance
or
a
record
of
application,
over
time,
of
paint
or
other
surface
coatings
to
a
component
or
room.
Documented
methodologies
are
methods
or
protocols
used
to
sample
for
the
presence
of
lead
in
paint,
dust,
and
soil.
Elevated
blood
lead
level
(
EBL)
means
an
excessive
absorption
of
lead
that
is
a
confirmed
concentration
of
lead
in
whole
blood
of
20
µ
g/
dl
(
micrograms
of
lead
per
deciliter
of
whole
blood)
for
a
single
venous
test
or
of
15­
19
µ
/
dl
in
two
consecutive
tests
taken
3
to
4
months
apart.
Encapsulant
means
a
substance
that
forms
a
barrier
between
lead­
based
paint
and
the
environment
using
a
liquid­
applied
coating
(
with
or
without
reinforcement
materials)
or
an
adhesively
bonded
covering
material.
Encapsulation
means
the
application
of
an
encapsulant.
Enclosure
means
the
use
of
rigid,
durable
construction
materials
that
are
mechanically
fastened
to
the
substrate
in
order
to
act
as
a
barrier
between
lead­
based
paint
and
the
environment.
Guest
instructor
means
an
individual
designated
by
the
training
program
manager
or
principal
instructor
to
provide
instruction
specific
to
the
lecture,
hands­
on
activities,
or
work
practice
components
of
a
course.
Hands­
on
skills
assessment
means
an
evaluation
which
tests
the
trainees'
ability
to
satisfactorily
perform
the
work
practices
and
procedures
identified
in
Sec.
745.225(
d),
as
well
as
any
other
skill
taught
in
a
training
course.
Hazardous
waste
means
any
waste
as
defined
in
40
CFR
261.3.
Inspection
means
a
surface­
by­
surface
investigation
to
determine
the
presence
of
lead­
based
paint
and
the
provision
of
a
report
explaining
the
results
of
the
investigation.
Interim
certification
means
the
status
of
an
individual
who
has
successfully
completed
the
appropriate
training
course
in
a
discipline
from
an
accredited
training
program,
as
defined
by
this
section,
but
has
not
yet
received
formal
certification
in
that
discipline
from
EPA
pursuant
to
Sec.
745.226.
Interim
certifications
expire
6
months
after
the
completion
of
the
training
course,
and
is
equivalent
to
a
certificate
for
the
6­
month
period.
Interim
controls
means
a
set
of
measures
designed
to
temporarily
reduce
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.
Lead­
based
paint
means
paint
or
other
surface
coatings
that
contain
lead
equal
to
or
in
excess
of
1.0
milligrams
per
square
centimeter
or
more
than
0.5
percent
by
weight.
Lead­
based
paint
activities
means,
in
the
case
of
target
housing
and
child­
occupied
facilities,
inspection,
risk
assessment,
and
abatement,
as
defined
in
this
subpart.
Lead­
based
paint
hazard
means
any
condition
that
causes
exposure
to
lead
from
lead­
contaminated
dust,
lead­
contaminated
soil,
or
lead­
contaminated
paint
that
is
deteriorated
or
present
in
accessible
August
13,
2000
B
­
4
surfaces,
friction
surfaces,
or
impact
surfaces
that
would
result
in
adverse
human
health
effects
as
identified
by
the
Administrator
pursuant
to
TSCA
section
403.
Lead­
contaminated
dust
means
surface
dust
in
residential
dwellings,
or
child­
occupied
facilities
that
contains
an
area
or
mass
concentration
of
lead
at
or
in
excess
of
levels
identified
by
the
Administrator
pursuant
to
TSCA
section
403.
Lead­
contaminated
soil
means
bare
soil
on
residential
real
property
and
on
the
property
of
a
child­
occupied
facility
that
contains
lead
at
or
in
excess
of
levels
identified
by
the
Administrator
pursuant
to
TSCA
section
403.
Lead­
hazard
screen
is
a
limited
risk
assessment
activity
that
involves
limited
paint
and
dust
sampling
as
described
in
Sec.
745.227(
c).
Living
area
means
any
area
of
a
residential
dwelling
used
by
one
or
more
children
age
6
and
under,
including,
but
not
limited
to,
living
rooms,
kitchen
areas,
dens,
play
rooms,
and
children's
bedrooms.
Local
government
means
a
county,
city,
town,
borough,
parish,
district,
association,
or
other
public
body
(
including
an
agency
comprised
of
two
or
more
of
the
foregoing
entities)
created
under
State
law.
Multi­
family
dwelling
means
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
which
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.
Nonprofit
means
an
entity
which
has
demonstrated
to
any
branch
of
the
Federal
Government
or
to
a
State,
municipal,
tribal
or
territorial
government,
that
no
part
of
its
net
earnings
inure
to
the
benefit
of
any
private
shareholder
or
individual.
Paint
in
poor
condition
means
more
than
10
square
feet
of
deteriorated
paint
on
exterior
components
with
large
surface
areas;
or
more
than
2
square
feet
of
deteriorated
paint
on
interior
components
with
large
surface
areas
(
e.
g.,
walls,
ceilings,
floors,
doors);
or
more
than
10
percent
of
the
total
surface
area
of
the
component
is
deteriorated
on
interior
or
exterior
components
with
small
surface
areas
(
window
sills,
baseboards,
soffits,
trim).
Permanently
covered
soil
means
soil
which
has
been
separated
from
human
contact
by
the
placement
of
a
barrier
consisting
of
solid,
relatively
impermeable
materials,
such
as
pavement
or
concrete.
Grass,
mulch,
and
other
landscaping
materials
are
not
considered
permanent
covering.
Person
means
any
natural
or
judicial
person
including
any
individual,
corporation,
partnership,
or
association;
any
Indian
Tribe,
State,
or
political
subdivision
thereof;
any
interstate
body;
and
any
department,
agency,
or
instrumentality
of
the
Federal
government.
Principal
instructor
means
the
individual
who
has
the
primary
responsibility
for
organizing
and
teaching
a
particular
course.
Recognized
laboratory
means
an
environmental
laboratory
recognized
by
EPA
pursuant
to
TSCA
section
405(
b)
as
being
capable
of
performing
an
analysis
for
lead
compounds
in
paint,
soil,
and
dust.
Reduction
means
measures
designed
to
reduce
or
eliminate
human
exposure
to
lead­
based
paint
hazards
through
methods
including
interim
controls
and
abatement.
Residential
dwelling
means
(
1)
a
detached
single
family
dwelling
unit,
including
attached
structures
such
as
porches
and
stoops;
or
(
2)
a
single
family
dwelling
unit
in
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
which
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.
Risk
assessment
means
(
1)
an
on­
site
investigation
to
determine
the
existence,
nature,
severity,
and
location
of
lead­
based
paint
hazards,
and
(
2)
the
provision
of
a
report
by
the
individual
or
the
firm
conducting
the
risk
assessment,
explaining
the
results
of
the
investigation
and
options
for
reducing
lead­
based
paint
hazards.
State
means
any
State
of
the
United
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
the
Canal
Zone,
American
Samoa,
the
Northern
Mariana
Islands,
or
any
other
territory
or
possession
of
the
United
States.
Target
housing
means
any
housing
constructed
prior
to
1978,
except
housing
for
the
elderly
or
persons
with
disabilities
(
unless
any
one
or
more
children
age
6
years
or
under
resides
or
is
expected
to
reside
in
such
housing
for
the
elderly
or
persons
with
disabilities)
or
any
0­
bedroom
dwelling.
Training
curriculum
means
an
established
set
of
course
topics
for
instruction
in
an
accredited
training
program
for
a
particular
discipline
designed
to
provide
specialized
knowledge
and
skills.
Training
hour
means
at
least
50
minutes
of
actual
learning,
including,
but
not
limited
to,
time
devoted
to
lecture,
learning
activities,
small
group
activities,
demonstrations,
evaluations,
and/
or
hands­
on
experience.
August
13,
2000
B
­
5
Training
manager
means
the
individual
responsible
for
administering
a
training
program
and
monitoring
the
performance
of
principal
instructors
and
guest
instructors.
Visual
inspection
for
clearance
testing
means
the
visual
examination
of
a
residential
dwelling
or
a
child­
occupied
facility
following
an
abatement
to
determine
whether
or
not
the
abatement
has
been
successfully
completed.
Visual
inspection
for
risk
assessment
means
the
visual
examination
of
a
residential
dwelling
or
a
child­
occupied
facility
to
determine
the
existence
of
deteriorated
lead­
based
paint
or
other
potential
sources
of
lead­
based
paint
hazards.

[
61
FR
45813,
Aug.
29,
1996,
as
amended
at
64
FR
31097,
June
9,
1999]

Sec.
745.225
Accreditation
of
training
programs:
target
housing
and
child­
occupied
facilities.

(
a)
Scope.
(
1)
A
training
program
may
seek
accreditation
to
offer
lead­
based
paint
activities
courses
in
any
of
the
following
disciplines:
inspector,
risk
assessor,
supervisor,
project
designer,
and
abatement
worker.
A
training
program
may
also
seek
accreditation
to
offer
refresher
courses
for
each
of
the
above
listed
disciplines.
(
2)
Training
programs
may
first
apply
to
EPA
for
accreditation
of
their
lead­
based
paint
activities
courses
or
refresher
courses
pursuant
to
this
section
on
or
after
August
31,
1998.
(
3)
A
training
program
shall
not
provide,
offer,
or
claim
to
provide
EPA­
accredited
lead­
based
paint
activities
courses
without
applying
for
and
receiving
accreditation
from
EPA
as
required
under
paragraph
(
b)
of
this
section
on
or
after
March
1,
1999.
(
b)
Application
process.
The
following
are
procedures
a
training
program
shall
follow
to
receive
EPA
accreditation
to
offer
lead­
based
paint
activities
courses:
(
1)
A
training
program
seeking
accreditation
shall
submit
a
written
application
to
EPA
containing
the
following
information:
(
i)
The
training
program's
name,
address,
and
telephone
number.
(
ii)
A
list
of
courses
for
which
it
is
applying
for
accreditation.
(
iii)
A
statement
signed
by
the
training
program
manager
certifying
that
the
training
program
meets
the
requirements
established
in
paragraph
(
c)
of
this
section.
If
a
training
program
uses
EPA­
recommended
model
training
materials,
or
training
materials
approved
by
a
State
or
Indian
Tribe
that
has
been
authorized
by
EPA
under
subpart
Q
of
this
part,
the
training
program
manager
shall
include
a
statement
certifying
that,
as
well.
(
iv)
If
a
training
program
does
not
use
EPA­
recommended
model
training
materials
or
training
materials
approved
by
an
authorized
State
or
Indian
Tribe,
its
application
for
accreditation
shall
also
include:
(
A)
A
copy
of
the
student
and
instructor
manuals,
or
other
materials
to
be
used
for
each
course.
(
B)
A
copy
of
the
course
agenda
for
each
course.
(
v)
All
training
programs
shall
include
in
their
application
for
accreditation
the
following:
(
A)
A
description
of
the
facilities
and
equipment
to
be
used
for
lecture
and
hands­
on
training.
(
B)
A
copy
of
the
course
test
blueprint
for
each
course.
(
C)
A
description
of
the
activities
and
procedures
that
will
be
used
for
conducting
the
assessment
of
hands­
on
skills
for
each
course.
(
D)
A
copy
of
the
quality
control
plan
as
described
in
paragraph
(
c)(
9)
of
this
section.
(
2)
If
a
training
program
meets
the
requirements
in
paragraph
(
c)
of
this
section,
then
EPA
shall
approve
the
application
for
accreditation
no
more
than
180
days
after
receiving
a
complete
application
from
the
training
program.
In
the
case
of
approval,
a
certificate
of
accreditation
shall
be
sent
to
the
applicant.
In
the
case
of
disapproval,
a
letter
describing
the
reasons
for
disapproval
shall
be
sent
to
the
applicant.
Prior
to
disapproval,
EPA
may,
at
its
discretion,
work
with
the
applicant
to
address
inadequacies
in
the
application
for
accreditation.
EPA
may
also
request
additional
materials
retained
by
the
training
program
under
paragraph
(
i)
of
this
section.
If
a
training
program's
application
is
disapproved,
the
program
may
reapply
for
accreditation
at
any
time.
(
3)
A
training
program
may
apply
for
accreditation
to
offer
courses
or
refresher
courses
in
as
many
disciplines
as
it
chooses.
A
training
program
may
seek
accreditation
for
additional
courses
at
any
time
as
long
as
the
program
can
demonstrate
that
it
meets
the
requirements
of
this
section.
(
4)
A
training
program
applying
for
accreditation
must
submit
the
appropriate
fees
in
accordance
with
Sec.
745.238.
August
13,
2000
B
­
6
(
c)
Requirements
for
the
accreditation
of
training
programs.
For
a
training
program
to
obtain
accreditation
from
EPA
to
offer
lead­
based
paint
activities
courses,
the
program
shall
meet
the
following
requirements:
(
1)
The
training
program
shall
employ
a
training
manager
who
has:
(
i)
At
least
2
years
of
experience,
education,
or
training
in
teaching
workers
or
adults;
or
(
ii)
A
bachelor's
or
graduate
degree
in
building
construction
technology,
engineering,
industrial
hygiene,
safety,
public
health,
education,
business
administration
or
program
management
or
a
related
field;
or
(
iii)
Two
years
of
experience
in
managing
a
training
program
specializing
in
environmental
hazards;
and
(
iv)
Demonstrated
experience,
education,
or
training
in
the
construction
industry
including:
lead
or
asbestos
abatement,
painting,
carpentry,
renovation,
remodeling,
occupational
safety
and
health,
or
industrial
hygiene.
(
2)
The
training
manager
shall
designate
a
qualified
principal
instructor
for
each
course
who
has:
(
i)
Demonstrated
experience,
education,
or
training
in
teaching
workers
or
adults;
and
(
ii)
Successfully
completed
at
least
16
hours
of
any
EPA­
accredited
or
EPA­
authorized
State
or
Tribal­
accredited
lead­
specific
training;
and
(
iii)
Demonstrated
experience,
education,
or
training
in
lead
or
asbestos
abatement,
painting,
carpentry,
renovation,
remodeling,
occupational
safety
and
health,
or
industrial
hygiene.
(
3)
The
principal
instructor
shall
be
responsible
for
the
organization
of
the
course
and
oversight
of
the
teaching
of
all
course
material.
The
training
manager
may
designate
guest
instructors
as
needed
to
provide
instruction
specific
to
the
lecture,
hands­
on
activities,
or
work
practice
components
of
a
course.
(
4)
The
following
documents
shall
be
recognized
by
EPA
as
evidence
that
training
managers
and
principal
instructors
have
the
education,
work
experience,
training
requirements
or
demonstrated
experience,
specifically
listed
in
paragraphs
(
c)(
1)
and
(
c)(
2)
of
this
section.
This
documentation
need
not
be
submitted
with
the
accreditation
application,
but,
if
not
submitted,
shall
be
retained
by
the
training
program
as
required
by
the
recordkeeping
requirements
contained
in
paragraph
(
i)
of
this
section.
Those
documents
include
the
following:
(
i)
Official
academic
transcripts
or
diploma
as
evidence
of
meeting
the
education
requirements.
(
ii)
Resumes,
letters
of
reference,
or
documentation
of
work
experience,
as
evidence
of
meeting
the
work
experience
requirements.
(
iii)
Certificates
from
train­
the­
trainer
courses
and
lead­
specific
training
courses,
as
evidence
of
meeting
the
training
requirements.
(
5)
The
training
program
shall
ensure
the
availability
of,
and
provide
adequate
facilities
for,
the
delivery
of
the
lecture,
course
test,
hands­
on
training,
and
assessment
activities.
This
includes
providing
training
equipment
that
reflects
current
work
practices
and
maintaining
or
updating
the
equipment
and
facilities
as
needed.
(
6)
To
become
accredited
in
the
following
disciplines,
the
training
program
shall
provide
training
courses
that
meet
the
following
training
hour
requirements:
(
i)
The
inspector
course
shall
last
a
minimum
of
24
training
hours,
with
a
minimum
of
8
hours
devoted
to
hands­
on
training
activities.
The
minimum
curriculum
requirements
for
the
inspector
course
are
contained
in
paragraph
(
d)(
1)
of
this
section.
(
ii)
The
risk
assessor
course
shall
last
a
minimum
of
16
training
hours,
with
a
minimum
of
4
hours
devoted
to
hands­
on
training
activities.
The
minimum
curriculum
requirements
for
the
risk
assessor
course
are
contained
in
paragraph
(
d)(
2)
of
this
section.
(
iii)
The
supervisor
course
shall
last
a
minimum
of
32
training
hours,
with
a
minimum
of
8
hours
devoted
to
hands­
on
activities.
The
minimum
curriculum
requirements
for
the
supervisor
course
are
contained
in
paragraph
(
d)(
3)
of
this
section.
(
iv)
The
project
designer
course
shall
last
a
minimum
of
8
training
hours.
The
minimum
curriculum
requirements
for
the
project
designer
course
are
contained
in
paragraph
(
d)(
4)
of
this
section.
(
v)
The
abatement
worker
course
shall
last
a
minimum
of
16
training
hours,
with
a
minimum
of
8
hours
devoted
to
hands­
on
training
activities.
The
minimum
curriculum
requirements
for
the
abatement
worker
course
are
contained
in
paragraph
(
d)(
5)
of
this
section.
(
7)
For
each
course
offered,
the
training
program
shall
conduct
either
a
course
test
at
the
completion
of
the
course,
and
if
applicable,
a
hands­
on
skills
assessment,
or
in
the
alternative,
a
proficiency
test
for
that
discipline.
Each
individual
must
successfully
complete
the
hands­
on
skills
assessment
and
receive
a
passing
score
on
the
course
test
to
pass
any
course,
or
successfully
complete
a
proficiency
test.
(
i)
The
training
manager
is
responsible
for
maintaining
the
validity
and
integrity
of
the
hands­
on
skills
assessment
or
proficiency
test
to
ensure
that
it
accurately
evaluates
the
trainees'
performance
of
the
work
August
13,
2000
B
­
7
practices
and
procedures
associated
with
the
course
topics
contained
in
paragraph
(
d)
of
this
section.
(
ii)
The
training
manager
is
responsible
for
maintaining
the
validity
and
integrity
of
the
course
test
to
ensure
that
it
accurately
evaluates
the
trainees'
knowledge
and
retention
of
the
course
topics.
(
iii)
The
course
test
shall
be
developed
in
accordance
with
the
test
blueprint
submitted
with
the
training
accreditation
application.
(
8)
The
training
program
shall
issue
unique
course
completion
certificates
to
each
individual
who
passes
the
training
course.
The
course
completion
certificate
shall
include:

(
i)
The
name,
a
unique
identification
number,
and
address
of
the
individual.
(
ii)
The
name
of
the
particular
course
that
the
individual
completed.
(
iii)
Dates
of
course
completion/
test
passage.
(
iv)
Expiration
date
of
interim
certification,
which
shall
be
6
months
from
the
date
of
course
completion.
(
v)
The
name,
address,
and
telephone
number
of
the
training
program.
(
9)
The
training
manager
shall
develop
and
implement
a
quality
control
plan.
The
plan
shall
be
used
to
maintain
and
improve
the
quality
of
the
training
program
over
time.
This
plan
shall
contain
at
least
the
following
elements:
(
i)
Procedures
for
periodic
revision
of
training
materials
and
the
course
test
to
reflect
innovations
in
the
field.
(
ii)
Procedures
for
the
training
manager's
annual
review
of
principal
instructor
competency.
(
10)
The
training
program
shall
offer
courses
which
teach
the
work
practice
standards
for
conducting
lead­
based
paint
activities
contained
in
Sec.
745.227,
and
other
standards
developed
by
EPA
pursuant
to
Title
IV
of
TSCA.
These
standards
shall
be
taught
in
the
appropriate
courses
to
provide
trainees
with
the
knowledge
needed
to
perform
the
lead­
based
paint
activities
they
are
responsible
for
conducting.
(
11)
The
training
manager
shall
be
responsible
for
ensuring
that
the
training
program
complies
at
all
times
with
all
of
the
requirements
in
this
section.
(
12)
The
training
manager
shall
allow
EPA
to
audit
the
training
program
to
verify
the
contents
of
the
application
for
accreditation
as
described
in
paragraph
(
b)
of
this
section.
(
d)
Minimum
training
curriculum
requirements.
To
become
accredited
to
offer
lead­
based
paint
courses
instruction
in
the
specific
disciplines
listed
below,
training
programs
must
ensure
that
their
courses
of
study
include,
at
a
minimum,
the
following
course
topics.
Requirements
ending
in
an
asterisk
(*)
indicate
areas
that
require
hands­
on
activities
as
an
integral
component
of
the
course.
(
1)
Inspector.
(
i)
Role
and
responsibilities
of
an
inspector.
(
ii)
Background
information
on
lead
and
its
adverse
health
effects.
(
iii)
Background
information
on
Federal,
State,
and
local
regulations
and
guidance
that
pertains
to
lead­
based
paint
and
lead­
based
paint
activities.
(
iv)
Lead­
based
paint
inspection
methods,
including
selection
of
rooms
and
components
for
sampling
or
testing.*
(
v)
Paint,
dust,
and
soil
sampling
methodologies.*
(
vi)
Clearance
standards
and
testing,
including
random
sampling.*
(
vii)
Preparation
of
the
final
inspection
report.*
(
viii)
Recordkeeping.
(
2)
Risk
assessor.
(
i)
Role
and
responsibilities
of
a
risk
assessor.
(
ii)
Collection
of
background
information
to
perform
a
risk
assessment.
(
iii)
Sources
of
environmental
lead
contamination
such
as
paint,
surface
dust
and
soil,
water,
air,
packaging,
and
food.
(
iv)
Visual
inspection
for
the
purposes
of
identifying
potential
sources
of
lead­
based
paint
hazards.*
(
v)
Lead
hazard
screen
protocol.
(
vi)
Sampling
for
other
sources
of
lead
exposure.*
(
vii)
Interpretation
of
lead­
based
paint
and
other
lead
sampling
results,
including
all
applicable
State
or
Federal
guidance
or
regulations
pertaining
to
lead­
based
paint
hazards.*
(
viii)
Development
of
hazard
control
options,
the
role
of
interim
controls,
and
operations
and
maintenance
activities
to
reduce
lead­
based
paint
hazards.
(
ix)
Preparation
of
a
final
risk
assessment
report.
August
13,
2000
B
­
8
(
3)
Supervisor.
(
i)
Role
and
responsibilities
of
a
supervisor.
(
ii)
Background
information
on
lead
and
its
adverse
health
effects.
(
iii)
Background
information
on
Federal,
State,
and
local
regulations
and
guidance
that
pertain
to
lead­
based
paint
abatement.
(
iv)
Liability
and
insurance
issues
relating
to
lead­
based
paint
abatement.
(
v)
Risk
assessment
and
inspection
report
interpretation.*
(
vi)
Development
and
implementation
of
an
occupant
protection
plan
and
abatement
report.
(
vii)
Lead­
based
paint
hazard
recognition
and
control.*
(
viii)
Lead­
based
paint
abatement
and
lead­
based
paint
hazard
reduction
methods,
including
restricted
practices.*
(
ix)
Interior
dust
abatement/
cleanup
or
lead­
based
paint
hazard
control
and
reduction
methods.*
(
x)
Soil
and
exterior
dust
abatement
or
lead­
based
paint
hazard
control
and
reduction
methods.*
(
xi)
Clearance
standards
and
testing.
(
xii)
Cleanup
and
waste
disposal.
(
xiii)
Recordkeeping.
(
4)
Project
designer.
(
i)
Role
and
responsibilities
of
a
project
designer.
(
ii)
Development
and
implementation
of
an
occupant
protection
plan
for
large
scale
abatement
projects.
(
iii)
Lead­
based
paint
abatement
and
lead­
based
paint
hazard
reduction
methods,
including
restricted
practices
for
large­
scale
abatement
projects.
(
iv)
Interior
dust
abatement/
cleanup
or
lead
hazard
control
and
reduction
methods
for
large­
scale
abatement
projects.
(
v)
Clearance
standards
and
testing
for
large
scale
abatement
projects.
(
vi)
Integration
of
lead­
based
paint
abatement
methods
with
modernization
and
rehabilitation
projects
for
large
scale
abatement
projects.
(
5)
Abatement
worker.
(
i)
Role
and
responsibilities
of
an
abatement
worker.
(
ii)
Background
information
on
lead
and
its
adverse
health
effects.
(
iii)
Background
information
on
Federal,
State
and
local
regulations
and
guidance
that
pertain
to
lead­
based
paint
abatement.
(
iv)
Lead­
based
paint
hazard
recognition
and
control.*
(
v)
Lead­
based
paint
abatement
and
lead­
based
paint
hazard
reduction
methods,
including
restricted
practices.*
(
vi)
Interior
dust
abatement
methods/
cleanup
or
lead­
based
paint
hazard
reduction.*
(
vii)
Soil
and
exterior
dust
abatement
methods
or
lead­
based
paint
hazard
reduction.*
(
e)
Requirements
for
the
accreditation
of
refresher
training
programs.
A
training
program
may
seek
accreditation
to
offer
refresher
training
courses
in
any
of
the
following
disciplines:
inspector,
risk
assessor,
supervisor,
project
designer,
and
abatement
worker.
To
obtain
EPA
accreditation
to
offer
refresher
training,
a
training
program
must
meet
the
following
minimum
requirements:
(
1)
Each
refresher
course
shall
review
the
curriculum
topics
of
the
full­
length
courses
listed
under
paragraph
(
d)
of
this
section,
as
appropriate.
In
addition,
to
become
accredited
to
offer
refresher
training
courses,
training
programs
shall
ensure
that
their
courses
of
study
include,
at
a
minimum,
the
following:
(
i)
An
overview
of
current
safety
practices
relating
to
lead­
based
paint
activities
in
general,
as
well
as
specific
information
pertaining
to
the
appropriate
discipline.
(
ii)
Current
laws
and
regulations
relating
to
lead­
based
paint
activities
in
general,
as
well
as
specific
information
pertaining
to
the
appropriate
discipline.
(
iii)
Current
technologies
relating
to
lead­
based
paint
activities
in
general,
as
well
as
specific
information
pertaining
to
the
appropriate
discipline.
(
2)
Each
refresher
course,
except
for
the
project
designer
course,
shall
last
a
minimum
of
8
training
hours.
The
project
designer
refresher
course
shall
last
a
minimum
of
4
training
hours.
(
3)
For
each
course
offered,
the
training
program
shall
conduct
a
hands­
on
assessment
(
if
applicable),
and
at
the
completion
of
the
course,
a
course
test.
(
4)
A
training
program
may
apply
for
accreditation
of
a
refresher
course
concurrently
with
its
application
for
accreditation
of
the
corresponding
training
course
as
described
in
paragraph
(
b)
of
this
section.
If
so,
August
13,
2000
B
­
9
EPA
shall
use
the
approval
procedure
described
in
paragraph
(
b)
of
this
section.
In
addition,
the
minimum
requirements
contained
in
paragraphs
(
c)
(
except
for
the
requirements
in
paragraph
(
c)(
6)),
and
(
e)(
1),
(
e)(
2)
and
(
e)(
3)
of
this
section
shall
also
apply.
(
5)
A
training
program
seeking
accreditation
to
offer
refresher
training
courses
only
shall
submit
a
written
application
to
EPA
containing
the
following
information:
(
i)
The
refresher
training
program's
name,
address,
and
telephone
number.
(
ii)
A
list
of
courses
for
which
it
is
applying
for
accreditation.
(
iii)
A
statement
signed
by
the
training
program
manager
certifying
that
the
refresher
training
program
meets
the
minimum
requirements
established
in
paragraph
(
c)
of
this
section,
except
for
the
requirements
in
paragraph
(
c)(
6)
of
this
section.
If
a
training
program
uses
EPA­
developed
model
training
materials,
or
training
materials
approved
by
a
State
or
Indian
Tribe
that
has
been
authorized
by
EPA
under
Sec.
745.324
to
develop
its
refresher
training
course
materials,
the
training
manager
shall
include
a
statement
certifying
that,
as
well.
(
iv)
If
the
refresher
training
course
materials
are
not
based
on
EPA­
developed
model
training
materials
or
training
materials
approved
by
an
authorized
State
or
Indian
Tribe,
the
training
program's
application
for
accreditation
shall
include:
(
A)
A
copy
of
the
student
and
instructor
manuals
to
be
used
for
each
course.
(
B)
A
copy
of
the
course
agenda
for
each
course.
(
v)
All
refresher
training
programs
shall
include
in
their
application
for
accreditation
the
following:
(
A)
A
description
of
the
facilities
and
equipment
to
be
used
for
lecture
and
hands­
on
training.
(
B)
A
copy
of
the
course
test
blueprint
for
each
course.
(
C)
A
description
of
the
activities
and
procedures
that
will
be
used
for
conducting
the
assessment
of
hands­
on
skills
for
each
course
(
if
applicable).
(
D)
A
copy
of
the
quality
control
plan
as
described
in
paragraph
(
c)(
9)
of
this
section.
(
vi)
The
requirements
in
paragraphs
(
c)(
1)
through
(
c)(
5),
and
(
c)(
7)
through
(
c)(
12)
of
this
section
apply
to
refresher
training
providers.
(
vii)
If
a
refresher
training
program
meets
the
requirements
listed
in
this
paragraph,
then
EPA
shall
approve
the
application
for
accreditation
no
more
than
180
days
after
receiving
a
complete
application
from
the
refresher
training
program.
In
the
case
of
approval,
a
certificate
of
accreditation
shall
be
sent
to
the
applicant.
In
the
case
of
disapproval,
a
letter
describing
the
reasons
for
disapproval
shall
be
sent
to
the
applicant.
Prior
to
disapproval,
EPA
may,
at
its
discretion,
work
with
the
applicant
to
address
inadequacies
in
the
application
for
accreditation.
EPA
may
also
request
additional
materials
retained
by
the
refresher
training
program
under
paragraph
(
i)
of
this
section.
If
a
refresher
training
program's
application
is
disapproved,
the
program
may
reapply
for
accreditation
at
any
time.
(
f)
Re­
accreditation
of
training
programs.
(
1)
Unless
re­
accredited,
a
training
program's
accreditation
(
including
refresher
training
accreditation)
shall
expire
4
years
after
the
date
of
issuance.
If
a
training
program
meets
the
requirements
of
this
section,
the
training
program
shall
be
re­
accredited.
(
2)
A
training
program
seeking
re­
accreditation
shall
submit
an
application
to
EPA
no
later
than
180
days
before
its
accreditation
expires.
If
a
training
program
does
not
submit
its
application
for
re­
accreditation
by
that
date,
EPA
cannot
guarantee
that
the
program
will
be
re­
accredited
before
the
end
of
the
accreditation
period.
(
3)
The
training
program's
application
for
re­
accreditation
shall
contain:
(
i)
The
training
program's
name,
address,
and
telephone
number.
(
ii)
A
list
of
courses
for
which
it
is
applying
for
re­
accreditation.
(
iii)
A
description
of
any
changes
to
the
training
facility,
equipment
or
course
materials
since
its
last
application
was
approved
that
adversely
affects
the
students
ability
to
learn.
(
iv)
A
statement
signed
by
the
program
manager
stating:
(
A)
That
the
training
program
complies
at
all
times
with
all
requirements
in
paragraphs
(
c)
and
(
e)
of
this
section,
as
applicable;
and
(
B)
The
recordkeeping
and
reporting
requirements
of
paragraph
(
i)
of
this
section
shall
be
followed.
(
v)
A
payment
of
appropriate
fees
in
accordance
with
Sec.
745.238.
(
4)
Upon
request,
the
training
program
shall
allow
EPA
to
audit
the
training
program
to
verify
the
contents
of
the
application
for
re­
accreditation
as
described
in
paragraph
(
f)(
3)
of
this
section.
(
g)
Suspension,
revocation,
and
modification
of
accredited
training
programs.
(
1)
EPA
may,
after
notice
and
an
opportunity
for
hearing,
suspend,
revoke,
or
modify
training
program
August
13,
2000
B
­
10
accreditation
(
including
refresher
training
accreditation)
if
a
training
program,
training
manager,
or
other
person
with
supervisory
authority
over
the
training
program
has:
(
i)
Misrepresented
the
contents
of
a
training
course
to
EPA
and/
or
the
student
population.
(
ii)
Failed
to
submit
required
information
or
notifications
in
a
timely
manner.
(
iii)
Failed
to
maintain
required
records.
(
iv)
Falsified
accreditation
records,
instructor
qualifications,
or
other
accreditation­
related
information
or
documentation.
(
v)
Failed
to
comply
with
the
training
standards
and
requirements
in
this
section.
(
vi)
Failed
to
comply
with
Federal,
State,
or
local
lead­
based
paint
statutes
or
regulations.
(
vii)
Made
false
or
misleading
statements
to
EPA
in
its
application
for
accreditation
or
re­
accreditation
which
EPA
relied
upon
in
approving
the
application.
(
2)
In
addition
to
an
administrative
or
judicial
finding
of
violation,
execution
of
a
consent
agreement
in
settlement
of
an
enforcement
action
constitutes,
for
purposes
of
this
section,
evidence
of
a
failure
to
comply
with
relevant
statutes
or
regulations.
(
h)
Procedures
for
suspension,
revocation
or
modification
of
training
program
accreditation.
(
1)
Prior
to
taking
action
to
suspend,
revoke,
or
modify
the
accreditation
of
a
training
program,
EPA
shall
notify
the
affected
entity
in
writing
of
the
following:
(
i)
The
legal
and
factual
basis
for
the
suspension,
revocation,
or
modification.
(
ii)
The
anticipated
commencement
date
and
duration
of
the
suspension,
revocation,
or
modification.
(
iii)
Actions,
if
any,
which
the
affected
entity
may
take
to
avoid
suspension,
revocation,
or
modification,
or
to
receive
accreditation
in
the
future.
(
iv)
The
opportunity
and
method
for
requesting
a
hearing
prior
to
final
EPA
action
to
suspend,
revoke
or
modify
accreditation.
(
v)
Any
additional
information,
as
appropriate,
which
EPA
may
provide.
(
2)
If
a
hearing
is
requested
by
the
accredited
training
program,
EPA
shall:
(
i)
Provide
the
affected
entity
an
opportunity
to
offer
written
statements
in
response
to
EPA's
assertions
of
the
legal
and
factual
basis
for
its
proposed
action,
and
any
other
explanations,
comments,
and
arguments
it
deems
relevant
to
the
proposed
action.
(
ii)
Provide
the
affected
entity
such
other
procedural
opportunities
as
EPA
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing.
(
iii)
Appoint
an
official
of
EPA
as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Officer
if
he
or
she
has
had
any
prior
connection
with
the
specific
matter.
(
3)
The
Presiding
Officer
appointed
pursuant
to
paragraph
(
h)(
2)
of
this
section
shall:
(
i)
Conduct
a
fair,
orderly,
and
impartial
hearing
within
90
days
of
the
request
for
a
hearing.
(
ii)
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted.
(
iii)
Notify
the
affected
entity
in
writing
within
90
days
of
completion
of
the
hearing
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
agency
action
which
may
be
subject
to
judicial
review.
(
4)
If
EPA
determines
that
the
public
health,
interest,
or
welfare
warrants
immediate
action
to
suspend
the
accreditation
of
any
training
program
prior
to
the
opportunity
for
a
hearing,
it
shall:
(
i)
Notify
the
affected
entity
of
its
intent
to
immediately
suspend
training
program
accreditation
for
the
reasons
listed
in
paragraph
(
g)(
1)
of
this
section.
If
a
suspension,
revocation,
or
modification
notice
has
not
previously
been
issued
pursuant
to
paragraph
(
g)(
1)
of
this
section,
it
shall
be
issued
at
the
same
time
the
emergency
suspension
notice
is
issued.
(
ii)
Notify
the
affected
entity
in
writing
of
the
grounds
for
the
immediate
suspension
and
why
it
is
necessary
to
suspend
the
entity's
accreditation
before
an
opportunity
for
a
suspension,
revocation
or
modification
hearing.
(
iii)
Notify
the
affected
entity
of
the
anticipated
commencement
date
and
duration
of
the
immediate
suspension.
(
iv)
Notify
the
affected
entity
of
its
right
to
request
a
hearing
on
the
immediate
suspension
within
15
days
of
the
suspension
taking
place
and
the
procedures
for
the
conduct
of
such
a
hearing.
(
5)
Any
notice,
decision,
or
order
issued
by
EPA
under
this
section,
any
transcripts
or
other
verbatim
record
of
oral
testimony,
and
any
documents
filed
by
an
accredited
training
program
in
a
hearing
under
this
section
shall
be
available
to
the
public,
except
as
otherwise
provided
by
section
14
of
TSCA
or
by
part
2
of
this
title.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
August
13,
2000
B
­
11
may
be
entitled
to
confidential
treatment
under
section
14
of
TSCA
or
part
2
of
this
title.
(
6)
The
public
shall
be
notified
of
the
suspension,
revocation,
modification
or
reinstatement
of
a
training
program's
accreditation
through
appropriate
mechanisms.
(
7)
EPA
shall
maintain
a
list
of
parties
whose
accreditation
has
been
suspended,
revoked,
modified
or
reinstated.
(
i)
Training
program
recordkeeping
requirements.
(
1)
Accredited
training
programs
shall
maintain,
and
make
available
to
EPA,
upon
request,
the
following
records:
(
i)
All
documents
specified
in
paragraph
(
c)(
4)
of
this
section
that
demonstrate
the
qualifications
listed
in
paragraphs
(
c)(
1)
and
(
c)(
2)
of
this
section
of
the
training
manager
and
principal
instructors.
(
ii)
Current
curriculum/
course
materials
and
documents
reflecting
any
changes
made
to
these
materials.
(
iii)
The
course
test
blueprint.
(
iv)
Information
regarding
how
the
hands­
on
assessment
is
conducted
including,
but
not
limited
to:
(
A)
Who
conducts
the
assessment.
(
B)
How
the
skills
are
graded.
(
C)
What
facilities
are
used.
(
D)
The
pass/
fail
rate.
(
v)
The
quality
control
plan
as
described
in
paragraph
(
c)(
9)
of
this
section.
(
vi)
Results
of
the
students'
hands­
on
skills
assessments
and
course
tests,
and
a
record
of
each
student's
course
completion
certificate.
(
vii)
Any
other
material
not
listed
above
in
paragraphs
(
i)(
1)(
i)
through
(
i)(
1)(
vi)
of
this
section
that
was
submitted
to
EPA
as
part
of
the
program's
application
for
accreditation.
(
2)
The
training
program
shall
retain
these
records
at
the
address
specified
on
the
training
program
accreditation
application
(
or
as
modified
in
accordance
with
paragraph
(
i)(
3)
of
this
section
for
a
minimum
of
3
years
and
6
months.
(
3)
The
training
program
shall
notify
EPA
in
writing
within
30
days
of
changing
the
address
specified
on
its
training
program
accreditation
application
or
transferring
the
records
from
that
address.

[
61
FR
45813,
Aug.
29,
1996,
as
amended
at
64
FR
31098,
June
9,
1999]

Sec.
745.226
Certification
of
individuals
and
firms
engaged
in
lead­
based
paint
activities:
target
housing
and
child­
occupied
facilities.

(
a)
Certification
of
individuals.
(
1)
Individuals
seeking
certification
by
EPA
to
engage
in
lead­
based
paint
activities
must
either:
(
i)
Submit
to
EPA
an
application
demonstrating
that
they
meet
the
requirements
established
in
paragraphs
(
b)
or
(
c)
of
this
section
for
the
particular
discipline
for
which
certification
is
sought;
or
(
ii)
Submit
to
EPA
an
application
with
a
copy
of
a
valid
lead­
based
paint
activities
certification
(
or
equivalent)
from
a
State
or
Tribal
program
that
has
been
authorized
by
EPA
pursuant
to
subpart
Q
of
this
part.
(
2)
Individuals
may
first
apply
to
EPA
for
certification
to
engage
in
lead­
based
paint
activities
pursuant
to
this
section
on
or
after
March
1,
1999.
(
3)
Following
the
submission
of
an
application
demonstrating
that
all
the
requirements
of
this
section
have
been
meet,
EPA
shall
certify
an
applicant
as
an
inspector,
risk
assessor,
supervisor,
project
designer,
or
abatement
worker,
as
appropriate.
(
4)
Upon
receiving
EPA
certification,
individuals
conducting
lead­
based
paint
activities
shall
comply
with
the
work
practice
standards
for
performing
the
appropriate
lead­
based
paint
activities
as
established
in
Sec.
745.227.
(
5)
It
shall
be
a
violation
of
TSCA
for
an
individual
to
conduct
any
of
the
lead­
based
paint
activities
described
in
Sec.
745.227
after
August
30,
1999,
if
that
individual
has
not
been
certified
by
EPA
pursuant
to
this
section
to
do
so.
(
6)
Individuals
applying
for
certification
must
submit
the
appropriate
fees
in
accordance
with
Sec.
745.238.
(
b)
Inspector,
risk
assessor
or
supervisor.
(
1)
To
become
certified
by
EPA
as
an
inspector,
risk
assessor,
or
supervisor,
pursuant
to
paragraph
(
a)(
1)(
i)
of
this
section,
an
individual
must:
August
13,
2000
B
­
12
(
i)
Successfully
complete
an
accredited
course
in
the
appropriate
discipline
and
receive
a
course
completion
certificate
from
an
accredited
training
program.
(
ii)
Pass
the
certification
exam
in
the
appropriate
discipline
offered
by
EPA;
and,
(
iii)
Meet
or
exceed
the
following
experience
and/
or
education
requirements:
(
A)
Inspectors.
(
1)
No
additional
experience
and/
or
education
requirements.
(
2)
[
Reserved]
(
B)
Risk
assessors.
(
1)
Successful
completion
of
an
accredited
training
course
for
inspectors;
and
(
2)
Bachelor's
degree
and
1
year
of
experience
in
a
related
field
(
e.
g.,
lead,
asbestos,
environmental
remediation
work,
or
construction),
or
an
Associates
degree
and
2
years
experience
in
a
related
field
(
e.
g.,
lead,
asbestos,
environmental
remediation
work,
or
construction);
or
(
3)
Certification
as
an
industrial
hygienist,
professional
engineer,
registered
architect
and/
or
certification
in
a
related
engineering/
health/
environmental
field
(
e.
g.,
safety
professional,
environmental
scientist);
or
(
4)
A
high
school
diploma
(
or
equivalent),
and
at
least
3
years
of
experience
in
a
related
field
(
e.
g.,
lead,
asbestos,
environmental
remediation
work
or
construction).
(
C)
Supervisor:
(
1)
One
year
of
experience
as
a
certified
lead­
based
paint
abatement
worker;
or
(
2)
At
least
2
years
of
experience
in
a
related
field
(
e.
g.,
lead,
asbestos,
or
environmental
remediation
work)
or
in
the
building
trades.
(
2)
The
following
documents
shall
be
recognized
by
EPA
as
evidence
of
meeting
the
requirements
listed
in
(
b)(
2)(
iii)
of
this
paragraph:
(
i)
Official
academic
transcripts
or
diploma,
as
evidence
of
meeting
the
education
requirements.
(
ii)
Resumes,
letters
of
reference,
or
documentation
of
work
experience,
as
evidence
of
meeting
the
work
experience
requirements.
(
iii)
Course
completion
certificates
from
lead­
specific
or
other
related
training
courses,
issued
by
accredited
training
programs,
as
evidence
of
meeting
the
training
requirements.
(
3)
In
order
to
take
the
certification
examination
for
a
particular
discipline
an
individual
must:
(
i)
Successfully
complete
an
accredited
course
in
the
appropriate
discipline
and
receive
a
course
completion
certificate
from
an
accredited
training
program.
(
ii)
Meet
or
exceed
the
education
and/
or
experience
requirements
in
paragraph
(
b)(
1)(
iii)
of
this
section.
(
4)
The
course
completion
certificate
shall
serve
as
interim
certification
for
an
individual
until
the
next
available
opportunity
to
take
the
certification
exam.
Such
interim
certification
shall
expire
6
months
after
issuance.
(
5)
After
passing
the
appropriate
certification
exam
and
submitting
an
application
demonstrating
that
he/
she
meets
the
appropriate
training,
education,
and/
or
experience
prerequisites
described
in
paragraph
(
b)(
1)
of
this
section,
an
individual
shall
be
issued
a
certificate
by
EPA.
To
maintain
certification,
an
individual
must
be
re­
certified
as
described
in
paragraph
(
e)
of
this
section.
(
6)
An
individual
may
take
the
certification
exam
no
more
than
three
times
within
6
months
of
receiving
a
course
completion
certificate.
(
7)
If
an
individual
does
not
pass
the
certification
exam
and
receive
a
certificate
within
6
months
of
receiving
his/
her
course
completion
certificate,
the
individual
must
retake
the
appropriate
course
from
an
accredited
training
program
before
reapplying
for
certification
from
EPA.
(
c)
Abatement
worker
and
project
designer.
(
1)
To
become
certified
by
EPA
as
an
abatement
worker
or
project
designer,
pursuant
to
paragraph
(
a)(
1)(
i)
of
this
section,
an
individual
must:
(
i)
Successfully
complete
an
accredited
course
in
the
appropriate
discipline
and
receive
a
course
completion
certificate
from
an
accredited
training
program.
(
ii)
Meet
or
exceed
the
following
additional
experience
and/
or
education
requirements:
(
A)
Abatement
workers.
(
1)
No
additional
experience
and/
or
education
requirements.
(
2)
[
Reserved]
(
B)
Project
designers.
(
1)
Successful
completion
of
an
accredited
training
course
for
supervisors.
(
2)
Bachelor's
degree
in
engineering,
architecture,
or
a
related
profession,
and
1
year
of
experience
in
building
construction
and
design
or
a
related
field;
or
(
3)
Four
years
of
experience
in
building
construction
and
design
or
a
related
field.
August
13,
2000
B
­
13
(
2)
The
following
documents
shall
be
recognized
by
EPA
as
evidence
of
meeting
the
requirements
listed
in
this
paragraph:
(
i)
Official
academic
transcripts
or
diploma,
as
evidence
of
meeting
the
education
requirements.
(
ii)
Resumes,
letters
of
reference,
or
documentation
of
work
experience,
as
evidence
of
meeting
the
work
experience
requirements.
(
iii)
Course
completion
certificates
from
lead­
specific
or
other
related
training
courses,
issued
by
accredited
training
programs,
as
evidence
of
meeting
the
training
requirements.
(
3)
The
course
completion
certificate
shall
serve
as
an
interim
certification
until
certification
from
EPA
is
received,
but
shall
be
valid
for
no
more
than
6
months
from
the
date
of
completion.
(
4)
After
successfully
completing
the
appropriate
training
courses
and
meeting
any
other
qualifications
described
in
paragraph
(
c)(
1)
of
this
section,
an
individual
shall
be
issued
a
certificate
from
EPA.
To
maintain
certification,
an
individual
must
be
re­
certified
as
described
in
paragraph
(
e)
of
this
section.
(
d)
Certification
based
on
prior
training.
(
1)
Any
individual
who
received
training
in
a
lead­
based
paint
activity
between
October
1,
1990,
and
March
1,
1999
shall
be
eligible
for
certification
by
EPA
under
the
alternative
procedures
contained
in
this
paragraph.
Individuals
who
have
received
lead­
based
paint
activities
training
at
an
EPA­
authorized
State
or
Tribal
accredited
training
program
shall
also
be
eligible
for
certification
by
EPA
under
the
following
alternative
procedures:
(
i)
Applicants
for
certification
as
an
inspector,
risk
assessor,
or
supervisor
shall:
(
A)
Demonstrate
that
the
applicant
has
successfully
completed
training
or
on­
the­
job
training
in
the
conduct
of
a
lead­
based
paint
activity.
(
B)
Demonstrate
that
the
applicant
meets
or
exceeds
the
education
and/
or
experience
requirements
in
paragraph
(
b)(
1)(
iii)
of
this
section.
(
C)
Successfully
complete
an
accredited
refresher
training
course
for
the
appropriate
discipline.
(
D)
Pass
a
certification
exam
administered
by
EPA
for
the
appropriate
discipline.
(
ii)
Applicants
for
certification
as
an
abatement
worker
or
project
designer
shall:
(
A)
Demonstrate
that
the
applicant
has
successfully
completed
training
or
on­
the­
job
training
in
the
conduct
of
a
lead­
based
paint
activity.
(
B)
Demonstrate
that
the
applicant
meets
the
education
and/
or
experience
requirements
in
paragraphs
(
c)(
1)
of
this
section;
and
(
C)
Successfully
complete
an
accredited
refresher
training
course
for
the
appropriate
discipline.
(
2)
Individuals
shall
have
until
August
30,
1999
to
apply
to
EPA
for
certification
under
the
above
procedures.
After
that
date,
all
individuals
wishing
to
obtain
certification
must
do
so
through
the
procedures
described
in
paragraph
(
a),
and
paragraph
(
b)
or
(
c)
of
this
section,
according
to
the
discipline
for
which
certification
is
sought.
(
e)
Re­
certification.
(
1)
To
maintain
certification
in
a
particular
discipline,
a
certified
individual
shall
apply
to
and
be
re­
certified
by
EPA
in
that
discipline
by
EPA
either:
(
i)
Every
3
years
if
the
individual
completed
a
training
course
with
a
course
test
and
hands­
on
assessment;
or
(
ii)
Every
5
years
if
the
individual
completed
a
training
course
with
a
proficiency
test.
(
2)
An
individual
shall
be
re­
certified
if
the
individual
successfully
completes
the
appropriate
accredited
refresher
training
course
and
submits
a
valid
copy
of
the
appropriate
refresher
course
completion
certificate.
(
3)
Individuals
applying
for
re­
certification
must
submit
the
appropriate
fees
in
accordance
with
Sec.
745.238.
(
f)
Certification
of
firms.
(
1)
All
firms
which
perform
or
offer
to
perform
any
of
the
lead­
based
paint
activities
described
in
Sec.
745.227
after
August
30,
1999
shall
be
certified
by
EPA.
(
2)
A
firm
seeking
certification
shall
submit
to
EPA
a
letter
attesting
that
the
firm
shall
only
employ
appropriately
certified
employees
to
conduct
lead­
based
paint
activities,
and
that
the
firm
and
its
employees
shall
follow
the
work
practice
standards
in
Sec.
745.227
for
conducting
lead­
based
paint
activities.
(
3)
From
the
date
of
receiving
the
firm's
letter
requesting
certification,
EPA
shall
have
90
days
to
approve
or
disapprove
the
firm's
request
for
certification.
Within
that
time,
EPA
shall
respond
with
either
a
certificate
of
approval
or
a
letter
describing
the
reasons
for
a
disapproval.
August
13,
2000
B
­
14
(
4)
The
firm
shall
maintain
all
records
pursuant
to
the
requirements
in
Sec.
745.227.
(
5)
Firms
may
first
apply
to
EPA
for
certification
to
engage
in
lead­
based
paint
activities
pursuant
to
this
section
on
or
after
March
1,
1999.
(
6)
Firms
applying
for
certification
must
submit
the
appropriate
fees
in
accordance
with
Sec.
745.238.
(
7)
To
maintain
certification
a
firm
shall
submit
appropriate
fees
in
accordance
with
Sec.
745.238
every
3
years.
(
g)
Suspension,
revocation,
and
modification
of
certifications
of
individuals
engaged
in
lead­
based
paint
activities.
(
1)
EPA
may,
after
notice
and
opportunity
for
hearing,
suspend,
revoke,
or
modify
an
individual's
certification
if
an
individual
has:
(
i)
Obtained
training
documentation
through
fraudulent
means.
(
ii)
Gained
admission
to
and
completed
an
accredited
training
program
through
misrepresentation
of
admission
requirements.
(
iii)
Obtained
certification
through
misrepresentation
of
certification
requirements
or
related
documents
dealing
with
education,
training,
professional
registration,
or
experience.
(
iv)
Performed
work
requiring
certification
at
a
job
site
without
having
proof
of
certification.
(
v)
Permitted
the
duplication
or
use
of
the
individual's
own
certificate
by
another.
(
vi)
Performed
work
for
which
certification
is
required,
but
for
which
appropriate
certification
has
not
been
received.
(
vii)
Failed
to
comply
with
the
appropriate
work
practice
standards
for
lead­
based
paint
activities
at
Sec.
745.227.
(
viii)
Failed
to
comply
with
Federal,
State,
or
local
lead­
based
paint
statutes
or
regulations.
(
2)
In
addition
to
an
administrative
or
judicial
finding
of
violation,
for
purposes
of
this
section
only,
execution
of
a
consent
agreement
in
settlement
of
an
enforcement
action
constitutes
evidence
of
a
failure
to
comply
with
relevant
statutes
or
regulations.
(
h)
Suspension,
revocation,
and
modification
of
certifications
of
firms
engaged
in
lead­
based
paint
activities.
(
1)
EPA
may,
after
notice
and
opportunity
for
hearing,
suspend,
revoke,
or
modify
a
firm's
certification
if
a
firm
has:
(
i)
Performed
work
requiring
certification
at
a
job
site
with
individuals
who
are
not
certified.
(
ii)
Failed
to
comply
with
the
work
practice
standards
established
in
Sec.
745.227.
(
iii)
Misrepresented
facts
in
its
letter
of
application
for
certification
to
EPA.
(
iv)
Failed
to
maintain
required
records.
(
v)
Failed
to
comply
with
Federal,
State,
or
local
lead­
based
paint
statutes
or
regulations.
(
2)
In
addition
to
an
administrative
or
judicial
finding
of
violation,
for
purposes
of
this
section
only,
execution
of
a
consent
agreement
in
settlement
of
an
enforcement
action
constitutes
evidence
of
a
failure
to
comply
with
relevant
statutes
or
regulations.
(
i)
Procedures
for
suspension,
revocation,
or
modification
of
the
certification
of
individuals
or
firms.
(
1)
If
EPA
decides
to
suspend,
revoke,
or
modify
the
certification
of
any
individual
or
firm,
it
shall
notify
the
affected
entity
in
writing
of
the
following:
(
i)
The
legal
and
factual
basis
for
the
suspension,
revocation,
or
modification.
(
ii)
The
commencement
date
and
duration
of
the
suspension,
revocation,
or
modification.
(
iii)
Actions,
if
any,
which
the
affected
entity
may
take
to
avoid
suspension,
revocation,
or
modification
or
to
receive
certification
in
the
future.
(
iv)
The
opportunity
and
method
for
requesting
a
hearing
prior
to
final
EPA
action
to
suspend,
revoke,
or
modify
certification.
(
v)
Any
additional
information,
as
appropriate,
which
EPA
may
provide.
(
2)
If
a
hearing
is
requested
by
the
certified
individual
or
firm,
EPA
shall:
(
i)
Provide
the
affected
entity
an
opportunity
to
offer
written
statements
in
response
to
EPA's
assertion
of
the
legal
and
factual
basis
and
any
other
explanations,
comments,
and
arguments
it
deems
relevant
to
the
proposed
action.
(
ii)
Provide
the
affected
entity
such
other
procedural
opportunities
as
EPA
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing.
(
iii)
Appoint
an
official
of
EPA
as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Officer
if
he
or
she
has
had
any
prior
connection
with
the
specific
matter.
(
3)
The
Presiding
Officer
shall:
(
i)
Conduct
a
fair,
orderly,
and
impartial
hearing
within
90
days
of
the
request
for
a
hearing;
August
13,
2000
B
­
15
(
ii)
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted;
and
(
iii)
Notify
the
affected
entity
in
writing
within
90
days
of
completion
of
the
hearing
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
EPA
action
subject
to
judicial
review.
(
4)
If
EPA
determines
that
the
public
health,
interest,
or
welfare
warrants
immediate
action
to
suspend
the
certification
of
any
individual
or
firm
prior
to
the
opportunity
for
a
hearing,
it
shall:
(
i)
Notify
the
affected
entity
of
its
intent
to
immediately
suspend
certification
for
the
reasons
listed
in
paragraph
(
h)(
1)
of
this
section.
If
a
suspension,
revocation,
or
modification
notice
has
not
previously
been
issued,
it
shall
be
issued
at
the
same
time
the
immediate
suspension
notice
is
issued.
(
ii)
Notify
the
affected
entity
in
writing
of
the
grounds
upon
which
the
immediate
suspension
is
based
and
why
it
is
necessary
to
suspend
the
entity's
accreditation
before
an
opportunity
for
a
hearing
to
suspend,
revoke,
or
modify
the
individual's
or
firm's
certification.
(
iii)
Notify
the
affected
entity
of
the
commencement
date
and
duration
of
the
immediate
suspension.
(
iv)
Notify
the
affected
entity
of
its
right
to
request
a
hearing
on
the
immediate
suspension
within
15
days
of
the
suspension
taking
place
and
the
procedures
for
the
conduct
of
such
a
hearing.
(
5)
Any
notice,
decision,
or
order
issued
by
EPA
under
this
section,
transcript
or
other
verbatim
record
of
oral
testimony,
and
any
documents
filed
by
a
certified
individual
or
firm
in
a
hearing
under
this
section
shall
be
available
to
the
public,
except
as
otherwise
provided
by
section
14
of
TSCA
or
by
part
2
of
this
title.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
may
be
entitled
to
confidential
treatment
under
section
14
of
TSCA
or
part
2
of
this
title.

[
61
FR
45813,
Aug.
29,
1996,
as
amended
at
64
FR
31098,
June
9,
1999]

Sec.
745.227
Work
practice
standards
for
conducting
lead­
based
paint
activities:
target
housing
and
child­
occupied
facilities.
(
a)
Effective
date,
applicability,
and
terms.
(
1)
Beginning
on
March
1,
1999,
all
lead­
based
paint
activities
shall
be
performed
pursuant
to
the
work
practice
standards
contained
in
this
section.
(
2)
When
performing
any
lead­
based
paint
activity
described
by
the
certified
individual
as
an
inspection,
lead­
hazard
screen,
risk
assessment
or
abatement,
a
certified
individual
must
perform
that
activity
in
compliance
with
the
appropriate
requirements
below.
(
3)
Documented
methodologies
that
are
appropriate
for
this
section
are
found
in
the
following:
The
U.
S.
Department
of
Housing
and
Urban
Development
(
HUD)
Guidelines
for
the
Evaluation
and
Control
of
Lead­
Based
Paint
Hazards
in
Housing;
the
EPA
Guidance
on
Residential
Lead­
Based
Paint,
Lead­
Contaminated
Dust,
and
Lead­
Contaminated
Soil;
the
EPA
Residential
Sampling
for
Lead:
Protocols
for
Dust
and
Soil
Sampling
(
EPA
report
number
7474­
R­
95­
001);
Regulations,
guidance,
methods
or
protocols
issued
by
States
and
Indian
Tribes
that
have
been
authorized
by
EPA;
and
other
equivalent
methods
and
guidelines.
(
4)
Clearance
levels
are
appropriate
for
the
purposes
of
this
section
may
be
found
in
the
EPA
Guidance
on
Residential
Lead­
Based
Paint,
Lead­
Contaminated
Dust,
and
Lead
Contaminated
Soil
or
other
equivalent
guidelines.
(
b)
Inspection.
(
1)
An
inspection
shall
be
conducted
only
by
a
person
certified
by
EPA
as
an
inspector
or
risk
assessor
and,
if
conducted,
must
be
conducted
according
to
the
procedures
in
this
paragraph.
(
2)
When
conducting
an
inspection,
the
following
locations
shall
be
selected
according
to
documented
methodologies
and
tested
for
the
presence
of
lead­
based
paint:
(
i)
In
a
residential
dwelling
and
child­
occupied
facility,
each
component
with
a
distinct
painting
history
and
each
exterior
component
with
a
distinct
painting
history
shall
be
tested
for
lead­
based
paint,
except
those
components
that
the
inspector
or
risk
assessor
determines
to
have
been
replaced
after
1978,
or
to
not
contain
lead­
based
paint;
and
(
ii)
In
a
multi­
family
dwelling
or
child­
occupied
facility,
each
component
with
a
distinct
painting
history
in
every
common
area,
except
those
components
that
the
inspector
or
risk
assessor
determines
to
have
been
replaced
after
1978,
or
to
not
contain
lead­
based
paint.
(
3)
Paint
shall
be
sampled
in
the
following
manner:
(
i)
The
analysis
of
paint
to
determine
the
presence
of
lead
shall
be
conducted
using
documented
August
13,
2000
B
­
16
methodologies
which
incorporate
adequate
quality
control
procedures;
and/
or
(
ii)
All
collected
paint
chip
samples
shall
be
analyzed
according
to
paragraph
(
f)
of
this
section
to
determine
if
they
contain
detectable
levels
of
lead
that
can
be
quantified
numerically.
(
4)
The
certified
inspector
or
risk
assessor
shall
prepare
an
inspection
report
which
shall
include
the
following
information:
(
i)
Date
of
each
inspection.
(
ii)
Address
of
building.
(
iii)
Date
of
construction.
(
iv)
Apartment
numbers
(
if
applicable).
(
v)
Name,
address,
and
telephone
number
of
the
owner
or
owners
of
each
residential
dwelling
or
child­
occupied
facility.
(
vi)
Name,
signature,
and
certification
number
of
each
certified
inspector
and/
or
risk
assessor
conducting
testing.
(
vii)
Name,
address,
and
telephone
number
of
the
certified
firm
employing
each
inspector
and/
or
risk
assessor,
if
applicable.
(
viii)
Each
testing
method
and
device
and/
or
sampling
procedure
employed
for
paint
analysis,
including
quality
control
data
and,
if
used,
the
serial
number
of
any
x­
ray
fluorescence
(
XRF)
device.
(
ix)
Specific
locations
of
each
painted
component
tested
for
the
presence
of
lead­
based
paint.
(
x)
The
results
of
the
inspection
expressed
in
terms
appropriate
to
the
sampling
method
used.
(
c)
Lead
hazard
screen.
(
1)
A
lead
hazard
screen
shall
be
conducted
only
by
a
person
certified
by
EPA
as
a
risk
assessor.
(
2)
If
conducted,
a
lead
hazard
screen
shall
be
conducted
as
follows:
(
i)
Background
information
regarding
the
physical
characteristics
of
the
residential
dwelling
or
child­
occupied
facility
and
occupant
use
patterns
that
may
cause
lead­
based
paint
exposure
to
one
or
more
children
age
6
years
and
under
shall
be
collected.
(
ii)
A
visual
inspection
of
the
residential
dwelling
or
child­
occupied
facility
shall
be
conducted
to:
(
A)
Determine
if
any
deteriorated
paint
is
present,
and
(
B)
Locate
at
least
two
dust
sampling
locations.
(
iii)
If
deteriorated
paint
is
present,
each
surface
with
deteriorated
paint,
which
is
determined,
using
documented
methodologies,
to
be
in
poor
condition
and
to
have
a
distinct
painting
history,
shall
be
tested
for
the
presence
of
lead.
(
iv)
In
residential
dwellings,
two
composite
dust
samples
shall
be
collected,
one
from
the
floors
and
the
other
from
the
windows,
in
rooms,
hallways
or
stairwells
where
one
or
more
children,
age
6
and
under,
are
most
likely
to
come
in
contact
with
dust.
(
v)
In
multi­
family
dwellings
and
child­
occupied
facilities,
in
addition
to
the
floor
and
window
samples
required
in
paragraph
(
c)(
1)(
iii)
of
this
section,
the
risk
assessor
shall
also
collect
composite
dust
samples
from
common
areas
where
one
or
more
children,
age
6
and
under,
are
most
likely
to
come
into
contact
with
dust.
(
3)
Dust
samples
shall
be
collected
and
analyzed
in
the
following
manner:
(
i)
All
dust
samples
shall
be
taken
using
documented
methodologies
that
incorporate
adequate
quality
control
procedures.
(
ii)
All
collected
dust
samples
shall
be
analyzed
according
to
paragraph
(
f)
of
this
section
to
determine
if
they
contain
detectable
levels
of
lead
that
can
be
quantified
numerically.
(
4)
Paint
shall
be
sampled
in
the
following
manner:
(
i)
The
analysis
of
paint
to
determine
the
presence
of
lead
shall
be
conducted
using
documented
methodologies
which
incorporate
adequate
quality
control
procedures;
and/
or
(
ii)
All
collected
paint
chip
samples
shall
be
analyzed
according
to
paragraph
(
f)
of
this
section
to
determine
if
they
contain
detectable
levels
of
lead
that
can
be
quantified
numerically.
(
5)
The
risk
assessor
shall
prepare
a
lead
hazard
screen
report,
which
shall
include
the
following
information:
(
i)
The
information
required
in
a
risk
assessment
report
as
specified
in
paragraph
(
d)
of
this
section,
including
paragraphs
(
d)(
11)(
i)
through
(
d)(
11)(
xiv),
and
excluding
paragraphs
(
d)(
11)(
xv)
through
(
d)(
11)(
xviii)
of
this
section.
Additionally,
any
background
information
collected
pursuant
to
paragraph
(
c)(
2)(
i)
of
this
section
shall
be
included
in
the
risk
assessment
report;
and
(
ii)
Recommendations,
if
warranted,
for
a
follow­
up
risk
assessment,
and
as
appropriate,
any
further
actions.
August
13,
2000
B
­
17
(
d)
Risk
assessment.
(
1)
A
risk
assessment
shall
be
conducted
only
by
a
person
certified
by
EPA
as
a
risk
assessor
and,
if
conducted,
must
be
conducted
according
to
the
procedures
in
this
paragraph.
(
2)
A
visual
inspection
for
risk
assessment
of
the
residential
dwelling
or
child­
occupied
facility
shall
be
undertaken
to
locate
the
existence
of
deteriorated
paint,
assess
the
extent
and
causes
of
the
deterioration,
and
other
potential
lead­
based
paint
hazards.
(
3)
Background
information
regarding
the
physical
characteristics
of
the
residential
dwelling
or
child­
occupied
facility
and
occupant
use
patterns
that
may
cause
lead­
based
paint
exposure
to
one
or
more
children
age
6
years
and
under
shall
be
collected.
(
4)
Each
surface
with
deteriorated
paint,
which
is
determined,
using
documented
methodologies,
to
be
in
poor
condition
and
to
have
a
distinct
painting
history,
shall
be
tested
for
the
presence
of
lead.
Each
other
surface
determined,
using
documented
methodologies,
to
be
a
potential
lead­
based
paint
hazard
and
having
a
distinct
painting
history,
shall
also
be
tested
for
the
presence
of
lead.
(
5)
In
residential
dwellings,
dust
samples
(
either
composite
or
single­
surface
samples)
from
the
window
and
floor
shall
be
collected
in
all
living
areas
where
one
or
more
children,
age
6
and
under,
are
most
likely
to
come
into
contact
with
dust.
(
6)
For
multi­
family
dwellings
and
child­
occupied
facilities,
the
samples
required
in
paragraph
(
d)(
4)
of
this
section
shall
be
taken.
In
addition,
window
and
floor
dust
samples
(
either
composite
or
single­
surface
samples)
shall
be
collected
in
the
following
locations:
(
i)
Common
areas
adjacent
to
the
sampled
residential
dwelling
or
child­
occupied
facility;
and
(
ii)
Other
common
areas
in
the
building
where
the
risk
assessor
determines
that
one
or
more
children,
age
6
and
under,
are
likely
to
come
into
contact
with
dust.
(
7)
For
child­
occupied
facilities,
window
and
floor
dust
samples
(
either
composite
or
single­
surface
samples)
shall
be
collected
in
each
room,
hallway
or
stairwell
utilized
by
one
or
more
children,
age
6
and
under,
and
in
other
common
areas
in
the
child­
occupied
facility
where
the
risk
assessor
determines
one
or
more
children,
age
6
and
under,
are
likely
to
come
into
contact
with
dust.
(
8)
Soil
samples
shall
be
collected
and
analyzed
for
lead
concentrations
in
the
following
locations:
(
i)
Exterior
play
areas
where
bare
soil
is
present;
and
(
ii)
Dripline/
foundation
areas
where
bare
soil
is
present.
(
9)
Any
paint,
dust,
or
soil
sampling
or
testing
shall
be
conducted
using
documented
methodologies
that
incorporate
adequate
quality
control
procedures.
(
10)
Any
collected
paint
chip,
dust,
or
soil
samples
shall
be
analyzed
according
to
paragraph
(
f)
of
this
section
to
determine
if
they
contain
detectable
levels
of
lead
that
can
be
quantified
numerically.
(
11)
The
certified
risk
assessor
shall
prepare
a
risk
assessment
report
which
shall
include
the
following
information:
(
i)
Date
of
assessment.
(
ii)
Address
of
each
building.
(
iii)
Date
of
construction
of
buildings.
(
iv)
Apartment
number
(
if
applicable).
(
v)
Name,
address,
and
telephone
number
of
each
owner
of
each
building.
(
vi)
Name,
signature,
and
certification
of
the
certified
risk
assessor
conducting
the
assessment.
(
vii)
Name,
address,
and
telephone
number
of
the
certified
firm
employing
each
certified
risk
assessor
if
applicable.
(
viii)
Name,
address,
and
telephone
number
of
each
recognized
laboratory
conducting
analysis
of
collected
samples.
(
ix)
Results
of
the
visual
inspection.
(
x)
Testing
method
and
sampling
procedure
for
paint
analysis
employed.
(
xi)
Specific
locations
of
each
painted
component
tested
for
the
presence
of
lead.
(
xii)
All
data
collected
from
on­
site
testing,
including
quality
control
data
and,
if
used,
the
serial
number
of
any
XRF
device.
(
xiii)
All
results
of
laboratory
analysis
on
collected
paint,
soil,
and
dust
samples.
(
xiv)
Any
other
sampling
results.
(
xv)
Any
background
information
collected
pursuant
to
paragraph
(
d)(
3)
of
this
section.
(
xvi)
To
the
extent
that
they
are
used
as
part
of
the
lead­
based
paint
hazard
determination,
the
results
of
any
previous
inspections
or
analyses
for
the
presence
of
lead­
based
paint,
or
other
assessments
of
lead­
based
paint­
related
hazards.
August
13,
2000
B
­
18
(
xvii)
A
description
of
the
location,
type,
and
severity
of
identified
lead­
based
paint
hazards
and
any
other
potential
lead
hazards.
(
xviii)
A
description
of
interim
controls
and/
or
abatement
options
for
each
identified
lead­
based
paint
hazard
and
a
suggested
prioritization
for
addressing
each
hazard.
If
the
use
of
an
encapsulant
or
enclosure
is
recommended,
the
report
shall
recommend
a
maintenance
and
monitoring
schedule
for
the
encapsulant
or
enclosure.
(
e)
Abatement.
(
1)
An
abatement
shall
be
conducted
only
by
an
individual
certified
by
EPA,
and
if
conducted,
shall
be
conducted
according
to
the
procedures
in
this
paragraph.
(
2)
A
certified
supervisor
is
required
for
each
abatement
project
and
shall
be
onsite
during
all
work
site
preparation
and
during
the
post­
abatement
cleanup
of
work
areas.
At
all
other
times
when
abatement
activities
are
being
conducted,
the
certified
supervisor
shall
be
onsite
or
available
by
telephone,
pager
or
answering
service,
and
able
to
be
present
at
the
work
site
in
no
more
than
2
hours.
(
3)
The
certified
supervisor
and
the
certified
firm
employing
that
supervisor
shall
ensure
that
all
abatement
activities
are
conducted
according
to
the
requirements
of
this
section
and
all
other
Federal,
State
and
local
requirements.
(
4)
Notification
of
the
commencement
of
lead­
based
paint
abatement
activities
in
a
residential
dwelling
or
child­
occupied
facility
or
as
a
result
of
a
Federal,
State,
or
local
order
shall
be
given
to
EPA
prior
to
the
commencement
of
abatement
activities.
The
procedure
for
this
notification
will
be
developed
by
EPA
prior
to
August
31,
1998.
(
5)
A
written
occupant
protection
plan
shall
be
developed
for
all
abatement
projects
and
shall
be
prepared
according
to
the
following
procedures:
(
i)
The
occupant
protection
plan
shall
be
unique
to
each
residential
dwelling
or
child­
occupied
facility
and
be
developed
prior
to
the
abatement.
The
occupant
protection
plan
shall
describe
the
measures
and
management
procedures
that
will
be
taken
during
the
abatement
to
protect
the
building
occupants
from
exposure
to
any
lead­
based
paint
hazards.
(
ii)
A
certified
supervisor
or
project
designer
shall
prepare
the
occupant
protection
plan.
(
6)
The
work
practices
listed
below
shall
be
restricted
during
an
abatement
as
follows:
(
i)
Open­
flame
burning
or
torching
of
lead­
based
paint
is
prohibited;
(
ii)
Machine
sanding
or
grinding
or
abrasive
blasting
or
sandblasting
of
lead­
based
paint
is
prohibited
unless
used
with
High
Efficiency
Particulate
Air
(
HEPA)
exhaust
control
which
removes
particles
of
0.3
microns
or
larger
from
the
air
at
99.97
percent
or
greater
efficiency;
(
iii)
Dry
scraping
of
lead­
based
paint
is
permitted
only
in
conjunction
with
heat
guns
or
around
electrical
outlets
or
when
treating
defective
paint
spots
totaling
no
more
than
2
square
feet
in
any
one
room,
hallway
or
stairwell
or
totaling
no
more
than
20
square
feet
on
exterior
surfaces;
and
(
iv)
Operating
a
heat
gun
on
lead­
based
paint
is
permitted
only
at
temperatures
below
1100
degrees
Fahrenheit.
(
7)
If
conducted,
soil
abatement
shall
be
conducted
in
one
of
the
following
ways:
(
i)
If
soil
is
removed,
the
lead­
contaminated
soil
shall
be
replaced
with
soil
that
is
not
lead­
contaminated;
or
(
ii)
If
soil
is
not
removed,
the
lead­
contaminated
soil
shall
be
permanently
covered,
as
defined
in
Sec.
745.223.
(
8)
The
following
post­
abatement
clearance
procedures
shall
be
performed
only
by
a
certified
inspector
or
risk
assessor:
(
i)
Following
an
abatement,
a
visual
inspection
shall
be
performed
to
determine
if
deteriorated
painted
surfaces
and/
or
visible
amounts
of
dust,
debris
or
residue
are
still
present.
If
deteriorated
painted
surfaces
or
visible
amounts
of
dust,
debris
or
residue
are
present,
these
conditions
must
be
eliminated
prior
to
the
continuation
of
the
clearance
procedures.
(
ii)
Following
the
visual
inspection
and
any
post­
abatement
cleanup
required
by
paragraph
(
e)(
8)(
i)
of
this
section,
clearance
sampling
for
lead­
contaminated
dust
shall
be
conducted.
Clearance
sampling
may
be
conducted
by
employing
single­
surface
sampling
or
composite
sampling
techniques.
(
iii)
Dust
samples
for
clearance
purposes
shall
be
taken
using
documented
methodologies
that
incorporate
adequate
quality
control
procedures.
(
iv)
Dust
samples
for
clearance
purposes
shall
be
taken
a
minimum
of
1
hour
after
completion
of
final
post­
abatement
cleanup
activities.
(
v)
The
following
post­
abatement
clearance
activities
shall
be
conducted
as
appropriate
based
upon
the
August
13,
2000
B
­
19
extent
or
manner
of
abatement
activities
conducted
in
or
to
the
residential
dwelling
or
child­
occupied
facility:
(
A)
After
conducting
an
abatement
with
containment
between
abated
and
unabated
areas,
one
dust
sample
shall
be
taken
from
one
window
(
if
available)
and
one
dust
sample
shall
be
taken
from
the
floor
of
no
less
than
four
rooms,
hallways
or
stairwells
within
the
containment
area.
In
addition,
one
dust
sample
shall
be
taken
from
the
floor
outside
the
containment
area.
If
there
are
less
than
four
rooms,
hallways
or
stairwells
within
the
containment
area,
then
all
rooms,
hallways
or
stairwells
shall
be
sampled.
(
B)
After
conducting
an
abatement
with
no
containment,
two
dust
samples
shall
be
taken
from
no
less
than
four
rooms,
hallways
or
stairwells
in
the
residential
dwelling
or
child­
occupied
facility.
One
dust
sample
shall
be
taken
from
one
window
(
if
available)
and
one
dust
sample
shall
be
taken
from
the
floor
of
each
room,
hallway
or
stairwell
selected.
If
there
are
less
than
four
rooms,
hallways
or
stairwells
within
the
residential
dwelling
or
child­
occupied
facility
then
all
rooms,
hallways
or
stairwells
shall
be
sampled.
(
C)
Following
an
exterior
paint
abatement,
a
visible
inspection
shall
be
conducted.
All
horizontal
surfaces
in
the
outdoor
living
area
closest
to
the
abated
surface
shall
be
found
to
be
cleaned
of
visible
dust
and
debris.
In
addition,
a
visual
inspection
shall
be
conducted
to
determine
the
presence
of
paint
chips
on
the
dripline
or
next
to
the
foundation
below
any
exterior
surface
abated.
If
paint
chips
are
present,
they
must
be
removed
from
the
site
and
properly
disposed
of,
according
to
all
applicable
Federal,
State
and
local
requirements.
(
vi)
The
rooms,
hallways
or
stairwells
selected
for
sampling
shall
be
selected
according
to
documented
methodologies.
(
vii)
The
certified
inspector
or
risk
assessor
shall
compare
the
residual
lead
level
(
as
determined
by
the
laboratory
analysis)
from
each
dust
sample
with
applicable
clearance
levels
for
lead
in
dust
on
floors
and
windows.
If
the
residual
lead
levels
in
a
dust
sample
exceed
the
clearance
levels,
all
the
components
represented
by
the
failed
sample
shall
be
recleaned
and
retested
until
clearance
levels
are
met.
(
9)
In
a
multi­
family
dwelling
with
similarly
constructed
and
maintained
residential
dwellings,
random
sampling
for
the
purposes
of
clearance
may
be
conducted
provided:
(
i)
The
certified
individuals
who
abate
or
clean
the
residential
dwellings
do
not
know
which
residential
dwelling
will
be
selected
for
the
random
sample.
(
ii)
A
sufficient
number
of
residential
dwellings
are
selected
for
dust
sampling
to
provide
a
95
percent
level
of
confidence
that
no
more
than
5
percent
or
50
of
the
residential
dwellings
(
whichever
is
smaller)
in
the
randomly
sampled
population
exceed
the
appropriate
clearance
levels.
(
iii)
The
randomly
selected
residential
dwellings
shall
be
sampled
and
evaluated
for
clearance
according
to
the
procedures
found
in
paragraph
(
e)(
8)
of
this
section.
(
10)
An
abatement
report
shall
be
prepared
by
a
certified
supervisor
or
project
designer.
The
abatement
report
shall
include
the
following
information:
(
i)
Start
and
completion
dates
of
abatement.
(
ii)
The
name
and
address
of
each
certified
firm
conducting
the
abatement
and
the
name
of
each
supervisor
assigned
to
the
abatement
project.
(
iii)
The
occupant
protection
plan
prepared
pursuant
to
paragraph
(
e)(
5)
of
this
section.
(
iv)
The
name,
address,
and
signature
of
each
certified
risk
assessor
or
inspector
conducting
clearance
sampling
and
the
date
of
clearance
testing.
(
v)
The
results
of
clearance
testing
and
all
soil
analyses
(
if
applicable)
and
the
name
of
each
recognized
laboratory
that
conducted
the
analyses.
(
vi)
A
detailed
written
description
of
the
abatement,
including
abatement
methods
used,
locations
of
rooms
and/
or
components
where
abatement
occurred,
reason
for
selecting
particular
abatement
methods
for
each
component,
and
any
suggested
monitoring
of
encapsulants
or
enclosures.
(
f)
Collection
and
laboratory
analysis
of
samples.
Any
paint
chip,
dust,
or
soil
samples
collected
pursuant
to
the
work
practice
standards
contained
in
this
section
shall
be:
(
1)
Collected
by
persons
certified
by
EPA
as
an
inspector
or
risk
assessor;
and
(
2)
Analyzed
by
a
laboratory
recognized
by
EPA
pursuant
to
section
405(
b)
of
TSCA
as
being
capable
of
performing
analyses
for
lead
compounds
in
paint
chip,
dust,
and
soil
samples.
(
g)
Composite
dust
sampling.
Composite
dust
sampling
may
only
be
conducted
in
the
situations
specified
in
paragraphs
(
c)
through
(
e)
of
this
section.
If
such
sampling
is
conducted,
the
following
August
13,
2000
B
­
20
conditions
shall
apply:
(
1)
Composite
dust
samples
shall
consist
of
at
least
two
subsamples;
(
2)
Every
component
that
is
being
tested
shall
be
included
in
the
sampling;
and
(
3)
Composite
dust
samples
shall
not
consist
of
subsamples
from
more
than
one
type
of
component.
(
h)
Recordkeeping.
All
reports
or
plans
required
in
this
section
shall
be
maintained
by
the
certified
firm
or
individual
who
prepared
the
report
for
no
fewer
than
3
years.
The
certified
firm
or
individual
also
shall
provide
copies
of
these
reports
to
the
building
owner
who
contracted
for
its
services.

Sec.
745.228
Accreditation
of
training
programs:
public
and
commercial
buildings,
bridges
and
superstructures.
[
Reserved]

Sec.
745.229
Certification
of
individuals
and
firms
engaged
in
lead­
based
paint
activities:
public
and
commercial
buildings,
bridges
and
superstructures.
[
Reserved]

Sec.
745.230
Work
practice
standards
for
conducting
lead­
based
paint
activities:
public
and
commercial
buildings,
bridges
and
superstructures.
[
Reserved]

Sec.
745.233
Lead­
based
paint
activities
requirements.

Lead­
based
paint
activities,
as
defined
in
this
part,
shall
only
be
conducted
according
to
the
procedures
and
work
practice
standards
contained
in
Sec.
745.227
of
this
subpart.
No
individual
or
firm
may
offer
to
perform
or
perform
any
lead­
based
paint
activity
as
defined
in
this
part,
unless
certified
to
perform
that
activity
according
to
the
procedures
in
Sec.
745.226.

Sec.
745.235
Enforcement.

(
a)
Failure
or
refusal
to
comply
with
any
requirement
of
Secs.
745.225,
745.226,
745.227,
or
745.233
is
a
prohibited
act
under
sections
15
and
409
of
TSCA
(
15
U.
S.
C.
2614,
2689).
(
b)
Failure
or
refusal
to
establish,
maintain,
provide,
copy,
or
permit
access
to
records
or
reports
as
required
by
Secs.
745.225,
745.226,
or
745.227
is
a
prohibited
act
under
sections
15
and
409
of
TSCA
(
15
U.
S.
C.
2614,
2689).
(
c)
Failure
or
refusal
to
permit
entry
or
inspection
as
required
by
Sec.
745.237
and
section
11
of
TSCA
(
15
U.
S.
C.
2610)
is
a
prohibited
act
under
sections
15
and
409
of
TSCA
(
15
U.
S.
C.
2614,
2689).
(
d)
In
addition
to
the
above,
any
individual
or
firm
that
performs
any
of
the
following
acts
shall
be
deemed
to
have
committed
a
prohibited
act
under
sections
15
and
409
of
TSCA
(
15
U.
S.
C.
2614,
2689).
These
include
the
following:
(
i)
Obtaining
certification
through
fraudulent
representation;
(
ii)
Failing
to
obtain
certification
from
EPA
and
performing
work
requiring
certification
at
a
job
site;
or
(
iii)
Fraudulently
obtaining
certification
and
engaging
in
any
lead­
based
paint
activities
requiring
certification.
(
e)
Violators
are
subject
to
civil
and
criminal
sanctions
pursuant
to
section
16
of
TSCA
(
15
U.
S.
C.
2615)
for
each
violation.

Sec.
745.237
Inspections.

EPA
may
conduct
reasonable
inspections
pursuant
to
the
provisions
of
section
11
of
TSCA
(
15
U.
S.
C.
2610)
to
ensure
compliance
with
this
subpart.

Sec.
745.238
Fees
for
accreditation
and
certification
of
lead­
based
paint
activities.

(
a)
Purpose.
To
establish
and
impose
fees
for
certified
individuals
and
firms
engaged
in
lead­
based
paint
activities
and
persons
operating
accredited
training
programs
under
section
402(
a)
of
the
Toxic
Substances
Control
Act
(
TSCA).
(
b)
Persons
who
must
pay
fees.
Fees
in
accordance
with
paragraph
(
c)
of
this
section
must
be
paid
by:
(
1)
Training
programs.
(
i)
All
non­
exempt
training
programs
applying
to
EPA
for
the
accreditation
and
re­
accreditation
of
training
August
13,
2000
B
­
21
programs
in
one
or
more
of
the
following
disciplines:
inspector,
risk
assessor,
supervisor,
project
designer,
abatement
worker.
(
ii)
Exemptions.
No
fee
shall
be
imposed
on
any
training
program
operated
by
a
State,
federally
recognized
Indian
Tribe,
local
government,
or
nonprofit
organization.
This
exemption
does
not
apply
to
the
certification
of
firms
or
individuals.
(
2)
Firms
and
individuals.
All
firms
and
individuals
seeking
certification
and
re­
certification
from
EPA
to
engage
in
lead­
based
paint
activities
in
one
or
more
of
the
following
disciplines:
inspector,
risk
assessor,
supervisor,
project
designer,
abatement
worker.
(
c)
Fee
amounts­­(
1)
Certification
and
accreditation
fees.
Initial
and
renewal
certification
and
accreditation
fees
are
specified
in
the
following
table:

Certification
and
Accreditation
Fee
Levels
Training
Program
Accreditation1
Re­
Accreditation1
[
every
4
years;
see
40
CFR
745.225(
f)(
1)
for
details]

Initial
Course
Inspector
Risk
assessor
Supervisor
Worker
Project
designer
$
2,500
$
1,760
$
3,250
$
1,760
$
1,010
$
1,600
$
1,150
$
2,050
$
1,150
$
710
Refresher
Course
Inspector
Risk
assessor
Supervisor
Worker
Project
designer
$
1,010
$
1,010
$
1,010
$
1,010
$
640
$
710
$
710
$
710
$
710
$
490
Lead­
Based
Paint
Activities
­
Individual
Certification1
Re­
certification1
[
every
3
or
5
years,
see
40
CFR
745.226(
e)(
1)
for
details]

Inspector
Risk
assessor
Supervisor
Worker
Project
designer
$
400
$
520
$
470
$
280
$
470
$
350
$
420
$
390
$
240
$
390
Lead­
Based
Paint
Activities
­
Firm
Certification1
Re­
certification1
[
every
3
years,
see
40
CFR
745.226(
f)(
7)
for
details]

Firm
$
540
$
430
1\
Fees
will
be
adjusted
periodically
based
on
adjustments
accounting
for
changes
in
participation
and
operating
costs.

(
2)
Certification
examination
fee.
Individuals
required
to
take
a
certification
exam
in
accordance
with
Sec.
745.226
will
be
assessed
a
fee
of
$
70
for
each
exam
attempt.
(
3)
Multi­
jurisdiction
registration
fee.
An
individual,
firm,
or
training
program
certified
or
accredited
by
EPA
may
wish
to
provide
training
or
perform
lead­
based
paint
activities
in
additional
EPA­
administered
jurisdictions.
A
fee
of
$
35
per
discipline
will
be
assessed
for
each
additional
EPA­
administered
jurisdiction
in
which
an
individual,
firm,
or
training
program
applies
for
certification/
re­
certification
or
accreditation/
re­
accreditation.
For
purposes
of
this
multi­
jurisdiction
registration
fee,
an
EPA­
administered
August
13,
2000
B
­
22
jurisdiction
is
either
an
individual
state
without
an
authorized
program
or
all
Indian
Tribes
without
authorized
programs
that
are
within
a
given
EPA
Region.
(
4)
Lost
identification
card
or
certificate.
A
$
15
fee
shall
be
charged
for
replacement
of
an
identification
card
or
certificate.
(
See
replacement
procedure
in
paragraph
(
e)
of
this
section.)
(
d)
Application/
payment
procedure­­(
1)
Certification
and
re­
certification
in
one
or
more
EPA­
administered
jurisdiction­­(
i)
Individuals.
Submit
a
completed
application
(
titled
''
Application
for
Individuals
to
Conduct
Lead­
based
Paint
Activities''),
the
materials
described
at
Sec.
745.226,
and
the
application
fee(
s)
described
in
paragraph
(
c)
of
this
section.
(
ii)
Firms.
Submit
a
completed
application
(
titled
''
Application
for
Firms
to
Conduct
Lead­
based
Paint
Activities''),
the
materials
described
at
Sec.
745.226,
and
the
application
fee(
s)
described
in
paragraph
(
c)
of
this
section.
(
2)
Accreditation
and
re­
accreditation
in
one
or
more
EPA­
administered
jurisdiction.
Submit
a
completed
application
(
titled
''
Accreditation
Application
for
Training
Programs''),
the
materials
described
at
Sec.
745.225,
and
the
application
fee
described
in
paragraph
(
c)
of
this
section.
(
3)
Application
forms.
Application
forms
and
instructions
can
be
obtained
from
the
National
Lead
Information
Center
at:
1­
800­
424­
LEAD.
(
e)
Identification
card
replacement
and
certificate
replacement.
(
1)
Parties
seeking
identification
card
or
certificate
replacement
shall
complete
the
applicable
portions
of
the
appropriate
application
in
accordance
with
the
instructions
provided.
The
appropriate
applications
are:
(
i)
Individuals.
''
Application
for
Individuals
to
Conduct
Lead­
based
Paint
Activities.''
(
ii)
Firms.
''
Application
for
Firms
to
Conduct
Lead­
based
Paint
Activities.''
(
iii)
Training
programs.
''
Accreditation
Application
for
Training
Programs.''
(
2)
Submit
application
and
payment
in
the
amount
specified
in
paragraph
(
c)(
4)
of
this
section
in
accordance
with
the
instructions
provided
with
the
application
package.
(
f)
Adjustment
of
fees.
(
1)
EPA
will
collect
fees
reflecting
the
costs
associated
with
the
administration
and
enforcement
of
subpart
L
of
this
part
with
the
exception
of
costs
associated
with
the
accreditation
of
training
programs
operated
by
a
State,
federally
recognized
Indian
Tribe,
local
government,
and
nonprofit
organization.
In
order
to
do
this,
EPA
will
periodically
adjust
the
fees
to
reflect
changed
economic
conditions.
(
2)
The
fees
will
be
evaluated
based
on
the
cost
to
administer
and
enforce
the
program,
and
the
number
of
applicants.
New
fee
schedules
will
be
published
in
the
Federal
Register.
(
g)
Failure
to
remit
a
fee.
(
1)
EPA
will
not
provide
certification,
re­
certification,
accreditation,
or
re­
accreditation
for
any
individual,
firm,
or
training
program
which
does
not
remit
fees
described
in
paragraph
(
c)
of
this
section
in
accordance
with
the
procedures
specified
in
paragraph
(
d)
of
this
section.
(
2)
EPA
will
not
replace
identification
cards
or
certificates
for
any
individual,
firm,
or
training
program
which
does
not
remit
fees
described
in
paragraph
(
c)
of
this
section
in
accordance
with
the
procedures
specified
in
paragraph
(
e)
of
this
section.

[
64
FR
31098,
June
9,
1999]

Sec.
745.239
Effective
dates.

This
subpart
L
shall
apply
in
any
State
or
Indian
Country
that
does
not
have
an
authorized
program
under
subpart
Q,
effective
August
31,
1998.
In
such
States
or
Indian
Country:
(
a)
Training
programs
shall
not
provide,
offer
or
claim
to
provide
training
or
refresher
training
for
certification
without
accreditation
from
EPA
pursuant
to
Sec.
745.225
on
or
after
March
1,
1999.
(
b)
No
individual
or
firm
shall
perform,
offer,
or
claim
to
perform
lead­
based
paint
activities,
as
defined
in
this
subpart,
without
certification
from
EPA
to
conduct
such
activities
pursuant
to
Sec.
745.226
on
or
after
August
30,
1999.
(
c)
All
lead­
based
paint
activities
shall
be
performed
pursuant
to
the
work
practice
standards
contained
in
Sec.
745.227
on
or
after
August
30,
1999.
August
13,
2000
B
­
23
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
745­­
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES­­
Table
of
Contents
Subpart
Q­­
State
and
Indian
Tribal
Programs
Source:
61
FR
45825,
Aug.
29,
1996,
unless
otherwise
noted.

Sec.
745.320
Scope
and
purpose.

(
a)
This
subpart
establishes
the
requirements
that
State
or
Tribal
programs
must
meet
for
authorization
by
the
Administrator
to
administer
and
enforce
the
standards,
regulations,
or
other
requirements
established
under
TSCA
section
402
and/
or
section
406
and
establishes
the
procedures
EPA
will
follow
in
approving,
revising,
and
withdrawing
approval
of
State
or
Tribal
programs.
(
b)
For
State
or
Tribal
lead­
based
paint
training
and
certification
programs,
a
State
or
Indian
Tribe
may
seek
authorization
to
administer
and
enforce
Secs.
745.225,
745.226,
and
745.227.
The
provisions
of
Secs.
745.220,
745.223,
745.233,
745.235,
745.237,
and
745.239
shall
be
applicable
for
the
purposes
of
such
program
authorization.
(
c)
For
State
or
Tribal
pre­
renovation
notification
programs,
a
State
or
Indian
Tribe
may
seek
authorization
to
administer
and
enforce
regulations
developed
pursuant
to
TSCA
section
406.
(
d)
A
State
or
Indian
Tribe
applying
for
program
authorization
may
seek
either
interim
approval
or
final
approval
of
the
compliance
and
enforcement
portion
of
the
State
or
Tribal
lead­
based
paint
program
pursuant
to
the
procedures
at
Sec.
745.327(
a).
(
e)
State
or
Tribal
submissions
for
program
authorization
shall
comply
with
the
procedures
set
out
in
this
subpart.
(
f)
Any
State
or
Tribal
program
approved
by
the
Administrator
under
this
subpart
shall
at
all
times
comply
with
the
requirements
of
this
subpart.
(
g)
In
many
cases
States
will
lack
authority
to
regulate
activities
in
Indian
Country.
This
lack
of
authority
does
not
impair
a
State's
ability
to
obtain
full
program
authorization
in
accordance
with
this
subpart.
EPA
will
administer
the
program
in
Indian
Country
if
neither
the
State
nor
Indian
Tribe
has
been
granted
program
authorization
by
EPA.

Sec.
745.323
Definitions.

The
definitions
in
subpart
A
apply
to
this
subpart.
In
addition,
the
definitions
in
Sec.
745.223
and
the
following
definitions
apply:
Indian
Country
means
(
1)
all
land
within
the
limits
of
any
American
Indian
reservation
under
the
jurisdiction
of
the
U.
S.
government,
notwithstanding
the
issuance
of
any
patent,
and
including
rights­
of­
way
running
throughout
the
reservation;
(
2)
all
dependent
Indian
communities
within
the
borders
of
the
United
States
whether
within
the
original
or
subsequently
acquired
territory
thereof,
and
whether
within
or
outside
the
limits
of
a
State;
and
(
3)
all
Indian
allotments,
the
Indian
titles
which
have
not
been
extinguished,
including
rights­
of­
way
running
through
the
same.
Indian
Tribe
means
any
Indian
Tribe,
band,
nation,
or
community
recognized
by
the
Secretary
of
the
Interior
and
exercising
substantial
governmental
duties
and
powers.

Sec.
745.324
Authorization
of
State
or
Tribal
programs.

(
a)
Application
content
and
procedures.
(
1)
Any
State
or
Indian
Tribe
that
seeks
authorization
from
EPA
to
administer
and
enforce
any
provisions
of
subpart
L
of
this
part
under
section
402(
a)
of
TSCA
or
the
provisions
of
regulations
developed
under
section
406
of
TSCA
shall
submit
an
application
to
the
Administrator
in
accordance
with
the
procedures
of
this
paragraph
(
a).
(
2)
Before
developing
an
application
for
authorization,
a
State
or
Indian
Tribe
shall
disseminate
a
public
August
13,
2000
B
­
24
notice
of
intent
to
seek
such
authorization
and
provide
an
opportunity
for
a
public
hearing.
(
3)
A
State
or
Tribal
application
shall
include:
(
i)
A
transmittal
letter
from
the
State
Governor
or
Tribal
Chairperson
(
or
equivalent
official)
requesting
program
approval.
(
ii)
A
summary
of
the
State
or
Tribal
program.
This
summary
will
be
used
to
provide
notice
to
residents
of
the
State
or
Tribe.
(
iii)
A
description
of
the
State
or
Tribal
program
in
accordance
with
paragraph
(
b)
of
this
section.
(
iv)
An
Attorney
General's
or
Tribal
Counsel's
(
or
equivalent)
statement
in
accordance
with
paragraph
(
c)
of
this
section.
(
v)
Copies
of
all
applicable
State
or
Tribal
statutes,
regulations,
standards,
and
other
materials
that
provide
the
State
or
Indian
Tribe
with
the
authority
to
administer
and
enforce
a
lead­
based
paint
program.
(
4)
After
submitting
an
application,
the
Agency
will
publish
a
Federal
Register
notice
that
contains
an
announcement
of
the
receipt
of
the
State
or
Tribal
application,
the
summary
of
the
program
as
provided
by
the
State
or
Tribe,
and
a
request
for
public
comments
to
be
mailed
to
the
appropriate
EPA
Regional
Office.
This
comment
period
shall
last
for
no
less
than
45
days.
EPA
will
consider
these
comments
during
its
review
of
the
State
or
Tribal
application.
(
5)
Within
60
days
of
submission
of
a
State
or
Tribal
application,
EPA
will,
if
requested,
conduct
a
public
hearing
in
each
State
or
Indian
Country
seeking
program
authorization
and
will
consider
all
comments
submitted
at
that
hearing
during
the
review
of
the
State
or
Tribal
application.
(
b)
Program
description.
A
State
or
Indian
Tribe
seeking
to
administer
and
enforce
a
program
under
this
subpart
must
submit
a
description
of
the
program.
The
description
of
the
State
or
Tribal
program
must
include:
(
1)(
i)
The
name
of
the
State
or
Tribal
agency
that
is
or
will
be
responsible
for
administering
and
enforcing
the
program,
the
name
of
the
official
in
that
agency
designated
as
the
point
of
contact
with
EPA,
and
addresses
and
phone
numbers
where
this
official
can
be
contacted.
(
ii)
Where
more
than
one
agency
is
or
will
be
responsible
for
administering
and
enforcing
the
program,
the
State
or
Indian
Tribe
must
designate
a
primary
agency
to
oversee
and
coordinate
administration
and
enforcement
of
the
program
and
serve
as
the
primary
contact
with
EPA.
(
iii)
In
the
event
that
more
than
one
agency
is
or
will
be
responsible
for
administering
and
enforcing
the
program,
the
application
must
also
include
a
description
of
the
functions
to
be
performed
by
each
agency.
The
description
shall
explain
and
how
the
program
will
be
coordinated
by
the
primary
agency
to
ensure
consistency
and
effective
administration
of
the
lead­
based
paint
training
accreditation
and
certification
program
within
the
State
or
Indian
Tribe.
(
2)
To
demonstrate
that
the
State
or
Tribal
program
is
at
least
as
protective
as
the
Federal
program,
fulfilling
the
criteria
in
paragraph
(
e)(
2)(
i)
of
this
section,
the
State
or
Tribal
application
must
include:
(
i)
A
description
of
the
program
that
demonstrates
that
the
program
contains
all
of
the
elements
specified
in
Sec.
745.325,
Sec.
745.326,
or
both;
and
(
ii)
An
analysis
of
the
State
or
Tribal
program
that
compares
the
program
to
the
Federal
program
in
subpart
L
of
this
part,
regulations
developed
pursuant
to
TSCA
section
406,
or
both.
This
analysis
shall
demonstrate
how
the
program
is,
in
the
State's
or
Indian
Tribe's
assessment,
at
least
as
protective
as
the
elements
in
the
Federal
program
at
subpart
L
of
this
part,
regulations
developed
pursuant
to
TSCA
section
406,
or
both.
EPA
will
use
this
analysis
to
evaluate
the
protectiveness
of
the
State
or
Tribal
program
in
making
its
determination
pursuant
to
paragraph
(
e)(
2)(
i)
of
this
section.
(
3)
To
demonstrate
that
the
State
or
Tribal
program
provides
adequate
enforcement,
fulfilling
the
criteria
in
paragraph
(
e)(
2)(
ii)
of
this
section,
the
State
or
Tribal
application
must
include
a
description
of
the
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
that
demonstrates
that
the
program
contains
all
of
the
elements
specified
at
Sec.
745.327.
This
description
shall
include
copies
of
all
policies,
certifications,
plans,
reports,
and
other
materials
that
demonstrate
that
the
State
or
Tribal
program
contains
all
of
the
elements
specified
at
Sec.
745.327.
(
4)(
i)
The
program
description
for
an
Indian
Tribe
shall
also
include
a
map,
legal
description,
or
other
information
sufficient
to
identify
the
geographical
extent
of
the
territory
over
which
the
Indian
Tribe
exercises
jurisdiction.
(
ii)
The
program
description
for
an
Indian
Tribe
shall
also
include
a
demonstration
that
the
Indian
Tribe:
(
A)
Is
recognized
by
the
Secretary
of
the
Interior.
(
B)
has
an
existing
government
exercising
substantial
governmental
duties
and
powers.
(
C)
has
adequate
civil
regulatory
jurisdiction
(
as
shown
in
the
Tribal
legal
certification
in
paragraph
(
c)(
2)
August
13,
2000
B
­
25
of
this
section)
over
the
subject
matter
and
entities
regulated.
(
D)
is
reasonably
expected
to
be
capable
of
administering
the
Federal
program
for
which
it
is
seeking
authorization.
(
iii)
If
the
Administrator
has
previously
determined
that
an
Indian
Tribe
has
met
the
prerequisites
in
paragraphs
(
b)(
4)(
ii)(
A)
and
(
B)
of
this
section
for
another
EPA
program,
the
Indian
Tribe
need
provide
only
that
information
unique
to
the
lead­
based
paint
program
required
by
paragraphs
(
b)(
4)(
ii)(
C)
and
(
D)
of
this
section.
(
c)
Attorney
General's
statement.
(
1)
A
State
or
Indian
Tribe
must
submit
a
written
statement
signed
by
the
Attorney
General
or
Tribal
Counsel
(
or
equivalent)
certifying
that
the
laws
and
regulations
of
the
State
or
Indian
Tribe
provide
adequate
legal
authority
to
administer
and
enforce
the
State
or
Tribal
program.
This
statement
shall
include
citations
to
the
specific
statutes
and
regulations
providing
that
legal
authority.
(
2)
The
Tribal
legal
certification
(
the
equivalent
to
the
Attorney
General's
statement)
may
also
be
submitted
and
signed
by
an
independent
attorney
retained
by
the
Indian
Tribe
for
representation
in
matters
before
EPA
or
the
courts
pertaining
to
the
Indian
Tribe's
program.
The
certification
shall
include
an
assertion
that
the
attorney
has
the
authority
to
represent
the
Indian
Tribe
with
respect
to
the
Indian
Tribe's
authorization
application.
(
3)
If
a
State
application
seeks
approval
of
its
program
to
operate
in
Indian
Country,
the
required
legal
certification
shall
include
an
analysis
of
the
applicant's
authority
to
implement
its
provisions
in
Indian
Country.
The
applicant
shall
include
a
map
delineating
the
area
over
which
it
seeks
to
operate
the
program.
(
d)
Program
certification.
(
1)
At
the
time
of
submitting
an
application,
a
State
may
also
certify
to
the
Administrator
that
the
State
program
meets
the
requirements
contained
in
paragraphs
(
e)(
2)(
i)
and
(
e)(
2)(
ii)
of
this
section.
(
2)
If
this
certification
is
contained
in
a
State's
application,
the
program
shall
be
deemed
to
be
authorized
by
EPA
until
such
time
as
the
Administrator
disapproves
the
program
application
or
withdraws
the
program
authorization.
A
program
shall
not
be
deemed
authorized
pursuant
to
this
subpart
to
the
extent
that
jurisdiction
is
asserted
over
Indian
Country,
including
non­
member
fee
lands
within
an
Indian
reservation.
(
3)
If
the
application
does
not
contain
such
certification,
the
State
program
will
be
authorized
only
after
the
Administrator
authorizes
the
program
in
accordance
with
paragraph
(
e)
of
this
section.
(
4)
This
certification
shall
take
the
form
of
a
letter
from
the
Governor
or
the
Attorney
General
to
the
Administrator.
The
certification
shall
reference
the
program
analysis
in
paragraph
(
b)(
3)
of
this
section
as
the
basis
for
concluding
that
the
State
program
is
at
least
as
protective
as
the
Federal
program,
and
provides
adequate
enforcement.
(
e)
EPA
approval.
(
1)
EPA
will
fully
review
and
consider
all
portions
of
a
State
or
Tribal
application.
(
2)
Within
180
days
of
receipt
of
a
complete
State
or
Tribal
application,
the
Administrator
shall
either
authorize
the
program
or
disapprove
the
application.
The
Administrator
shall
authorize
the
program,
after
notice
and
the
opportunity
for
public
comment
and
a
public
hearing,
only
if
the
Administrator
finds
that:
(
i)(
A)
In
the
case
of
an
application
to
authorize
the
State
or
Indian
Tribe
to
administer
and
enforce
the
provisions
of
subpart
L
of
this
part,
the
State
or
Tribal
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
corresponding
Federal
program
under
subpart
L
of
this
part;
and/
or
(
B)
In
the
case
of
an
application
to
authorize
the
State
or
Indian
Tribe
to
administer
and
enforce
the
regulations
developed
pursuant
to
TSCA
section
406,
the
State
or
Tribal
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
regulations
developed
pursuant
to
TSCA
section
406.
(
ii)
The
State
or
Tribal
program
provides
adequate
enforcement.
(
3)
EPA
shall
notify
in
writing
the
State
or
Indian
Tribe
of
the
Administrator's
decision
to
authorize
the
State
or
Tribal
program
or
disapprove
the
State's
or
Indian
Tribe's
application.
(
4)
If
the
State
or
Indian
Tribe
applies
for
authorization
of
State
or
Tribal
programs
under
both
subpart
L
and
regulations
developed
pursuant
to
TSCA
section
406,
EPA
may,
as
appropriate,
authorize
one
program
and
disapprove
the
other.
(
f)
EPA
administration
and
enforcement.
(
1)
If
a
State
or
Indian
Tribe
does
not
have
an
authorized
program
to
administer
and
enforce
subpart
L
of
this
part
in
effect
by
August
31,
1998,
the
Administrator
shall,
by
such
date,
establish
and
enforce
the
provisions
of
subpart
L
of
this
part
as
the
Federal
program
for
that
State
or
Indian
Country.
(
2)
If
a
State
or
Indian
Tribe
does
not
have
an
authorized
program
to
administer
and
enforce
regulations
developed
pursuant
to
TSCA
section
406
in
effect
by
August
31,
1998,
the
Administrator
shall,
by
such
date,
establish
and
enforce
the
provisions
of
regulations
developed
pursuant
to
TSCA
section
406
as
the
August
13,
2000
B
­
26
Federal
program
for
that
State
or
Indian
Country.
(
3)
Upon
authorization
of
a
State
or
Tribal
program,
pursuant
to
paragraph
(
d)
or
(
e)
of
this
section,
it
shall
be
an
unlawful
act
under
sections
15
and
409
of
TSCA
for
any
person
to
fail
or
refuse
to
comply
with
any
requirements
of
such
program.
(
g)
Oversight.
EPA
shall
periodically
evaluate
the
adequacy
of
a
State's
or
Indian
Tribe's
implementation
and
enforcement
of
its
authorized
programs.
(
h)
Reports.
Beginning
12
months
after
the
date
of
program
authorization,
the
primary
agency
for
each
State
or
Indian
Tribe
that
has
an
authorized
program
shall
submit
a
written
report
to
the
EPA
Regional
Administrator
for
the
Region
in
which
the
State
or
Indian
Tribe
is
located.
This
report
shall
be
submitted
at
least
once
every
12
months
for
the
first
3
years
after
program
authorization.
If
these
reports
demonstrate
successful
program
implementation,
the
Agency
will
automatically
extend
the
reporting
interval
to
every
2
years.
If
the
subsequent
reports
demonstrate
problems
with
implementation,
EPA
will
require
a
return
to
annual
reporting
until
the
reports
demonstrate
successful
program
implementation,
at
which
time
the
Agency
will
extend
the
reporting
interval
to
every
2
years.
The
report
shall
include
the
following
information:
(
1)
Any
significant
changes
in
the
content
or
administration
of
the
State
or
Tribal
program
implemented
since
the
previous
reporting
period;
and
(
2)
All
information
regarding
the
lead­
based
paint
enforcement
and
compliance
activities
listed
at
Sec.
745.327(
d)
''
Summary
on
Progress
and
Performance.''
(
i)
Withdrawal
of
authorization.
(
1)
If
EPA
concludes
that
a
State
or
Indian
Tribe
is
not
administering
and
enforcing
an
authorized
program
in
compliance
with
the
standards,
regulations,
and
other
requirements
of
sections
401
through
412
of
TSCA
and
this
subpart,
the
Administrator
shall
notify
the
primary
agency
for
the
State
or
Indian
Tribe
in
writing
and
indicate
EPA's
intent
to
withdraw
authorization
of
the
program.
(
2)
The
Notice
of
Intent
to
Withdraw
shall:
(
i)
Identify
the
program
aspects
that
EPA
believes
are
inadequate
and
provide
a
factual
basis
for
such
findings.
(
ii)
Include
copies
of
relevant
documents.
(
iii)
Provide
an
opportunity
for
the
State
or
Indian
Tribe
to
respond
either
in
writing
or
at
a
meeting
with
appropriate
EPA
officials.
(
3)
EPA
may
request
that
an
informal
conference
be
held
between
representatives
of
the
State
or
Indian
Tribe
and
EPA
officials.
(
4)
Prior
to
issuance
of
a
withdrawal,
a
State
or
Indian
Tribe
may
request
that
EPA
hold
a
public
hearing.
At
this
hearing,
EPA,
the
State
or
Indian
Tribe,
and
the
public
may
present
facts
bearing
on
whether
the
State's
or
Indian
Tribe's
authorization
should
be
withdrawn.
(
5)
If
EPA
finds
that
deficiencies
warranting
withdrawal
did
not
exist
or
were
corrected
by
the
State
or
Indian
Tribe,
EPA
may
rescind
its
Notice
of
Intent
to
Withdraw
authorization.
(
6)
Where
EPA
finds
that
deficiencies
in
the
State
or
Tribal
program
exist
that
warrant
withdrawal,
an
agreement
to
correct
the
deficiencies
shall
be
jointly
prepared
by
the
State
or
Indian
Tribe
and
EPA.
The
agreement
shall
describe
the
deficiencies
found
in
the
program,
specify
the
steps
the
State
or
Indian
Tribe
has
taken
or
will
take
to
remedy
the
deficiencies,
and
establish
a
schedule,
no
longer
than
180
days,
for
each
remedial
action
to
be
initiated.
(
7)
If
the
State
or
Indian
Tribe
does
not
respond
within
60
days
of
issuance
of
the
Notice
of
Intent
to
Withdraw
or
an
agreement
is
not
reached
within
180
days
after
EPA
determines
that
a
State
or
Indian
Tribe
is
not
in
compliance
with
the
Federal
program,
the
Agency
shall
issue
an
order
withdrawing
the
State's
or
Indian
Tribe's
authorization.
(
8)
By
the
date
of
such
order,
the
Administrator
shall
establish
and
enforce
the
provisions
of
subpart
L
of
this
part
or
regulations
developed
pursuant
to
TSCA
section
406,
or
both,
as
the
Federal
program
for
that
State
or
Indian
Country.

Sec.
745.325
Lead­
based
paint
activities:
State
and
Tribal
program
requirements.

(
a)
Program
elements.
To
receive
authorization
from
EPA,
a
State
or
Tribal
program
must
contain
at
least
the
following
program
elements
for
lead­
based
paint
activities:
(
1)
Procedures
and
requirements
for
the
accreditation
of
lead­
based
paint
activities
training
programs.
(
2)
Procedures
and
requirements
for
the
certification
of
individuals
engaged
in
lead­
based
paint
activities.
(
3)
Work
practice
standards
for
the
conduct
of
lead­
based
paint
activities.
August
13,
2000
B
­
27
(
4)
Requirements
that
all
lead­
based
paint
activities
be
conducted
by
appropriately
certified
contractors.
(
5)
Development
of
the
appropriate
infrastructure
or
government
capacity
to
effectively
carry
out
a
State
or
Tribal
program.
(
b)
Accreditation
of
training
programs.
The
State
or
Indian
Tribe
must
have
either:
(
1)
Procedures
and
requirements
for
the
accreditation
of
training
programs
that
establish:
(
i)
Requirements
for
the
accreditation
of
training
programs,
including
but
not
limited
to:
(
A)
Training
curriculum
requirements.
(
B)
Training
hour
requirements.
(
C)
Hands­
on
training
requirements.
(
D)
Trainee
competency
and
proficiency
requirements.
(
E)
Requirements
for
training
program
quality
control.
(
ii)
Procedures
for
the
re­
accreditation
of
training
programs.
(
iii)
Procedures
for
the
oversight
of
training
programs.
(
iv)
Procedures
for
the
suspension,
revocation,
or
modification
of
training
program
accreditations;
or
(
2)
Procedures
or
regulations,
for
the
purposes
of
certification,
for
the
acceptance
of
training
offered
by
an
accredited
training
provider
in
a
State
or
Tribe
authorized
by
EPA.
(
c)
Certification
of
individuals.
The
State
or
Indian
Tribe
must
have
requirements
for
the
certification
of
individuals
that:
(
1)
Ensure
that
certified
individuals:
(
i)
Are
trained
by
an
accredited
training
program;
and
(
ii)
Possess
appropriate
education
or
experience
qualifications
for
certification.
(
2)
Establish
procedures
for
re­
certification.
(
3)
Require
the
conduct
of
lead­
based
paint
activities
in
accordance
with
work
practice
standards
established
by
the
State
or
Indian
Tribe.
(
4)
Establish
procedures
for
the
suspension,
revocation,
or
modification
of
certifications.
(
5)
Establish
requirements
and
procedures
for
the
administration
of
a
third­
party
certification
exam.
(
d)
Work
practice
standards
for
the
conduct
of
lead­
based
paint
activities.
The
State
or
Indian
Tribe
must
have
requirements
or
standards
that
ensure
that
lead­
based
paint
activities
are
conducted
reliably,
effectively,
and
safely.
At
a
minimum
the
State's
or
Indian
Tribe's
work
practice
standards
for
conducting
inspections,
risk
assessments,
and
abatements
must
contain
the
requirements
specified
in
paragraphs
(
d)(
1),
(
d)(
2),
and
(
d)(
3)
of
this
section.
(
1)
The
work
practice
standards
for
the
inspection
for
the
presence
of
lead­
based
paint
must
require
that:
(
i)
Inspections
are
conducted
only
by
individuals
certified
by
the
appropriate
State
or
Tribal
authority
to
conduct
inspections.
(
ii)
Inspections
are
conducted
in
a
way
that
identifies
the
presence
of
lead­
based
paint
on
painted
surfaces
within
the
interior
or
on
the
exterior
of
a
residential
dwelling
or
child­
occupied
facility.
(
iii)
Inspections
are
conducted
in
a
way
that
uses
documented
methodologies
that
incorporate
adequate
quality
control
procedures.
(
iv)
A
report
is
developed
that
clearly
documents
the
results
of
the
inspection.
(
v)
Records
are
retained
by
the
certified
inspector
or
the
firm.
(
2)
The
work
practice
standards
for
risk
assessment
must
require
that:
(
i)
Risk
assessments
are
conducted
only
by
individuals
certified
by
the
appropriate
State
or
Tribal
authority
to
conduct
risk
assessments.
(
ii)
Risk
assessments
are
conducted
in
a
way
that
identifies
and
reports
the
presence
of
lead­
based
paint
hazards.
(
iii)
Risk
assessments
consist
of,
at
least:
(
A)
An
assessment,
including
a
visual
inspection,
of
the
physical
characteristics
of
the
residential
dwelling
or
child­
occupied
facility;
and
(
B)
Environmental
sampling
for
lead
in
paint,
dust,
and
soil.
(
iv)
The
risk
assessor
develops
a
report
that
clearly
presents
the
results
of
the
assessment
and
recommendations
for
the
control
or
elimination
of
all
identified
hazards.
(
v)
The
certified
risk
assessor
or
the
firm
retains
the
appropriate
records.
(
3)
The
work
practice
standards
for
abatement
must
require
that:
(
i)
Abatements
are
conducted
only
by
individuals
certified
by
the
appropriate
State
or
Tribal
authority
to
conduct
or
supervise
abatements.
(
ii)
Abatements
permanently
eliminate
lead­
based
paint
hazards
and
are
conducted
in
a
way
that
does
August
13,
2000
B
­
28
not
increase
the
hazards
of
lead­
based
paint
to
the
occupants
of
the
dwelling
or
child­
occupied
facility.
(
iii)
Abatements
include
post­
abatement
lead
in
dust
clearance
sampling
and
conformance
with
clearance
levels
established
or
adopted
by
the
State
or
Indian
Tribe.
(
iv)
The
abatement
contractor
develops
a
report
that
describes
areas
of
the
residential
dwelling
or
child­
occupied
facility
abated
and
the
techniques
employed.
(
v)
The
certified
abatement
contractor
or
the
firm
retains
appropriate
records.

Sec.
745.326
Pre­
renovation
notification:
State
and
Tribal
program
requirements.

(
a)
Program
elements.
To
receive
authorization
from
EPA,
a
State
or
Tribal
program
must
contain
the
following
program
elements
for
renovation
disclosure:
(
1)
Procedures
and
requirements
for
the
distribution
of
lead
hazard
information
to
owners
and
occupants
of
target
housing
before
renovations
for
compensation;
and
(
2)
An
approved
lead
hazard
information
pamphlet
meeting
the
requirements
of
section
406
of
TSCA,
as
determined
by
EPA.
EPA
will
provide
States
or
Tribes
with
guidance
on
what
is
necessary
for
a
State
or
Tribal
pamphlet
approval
application.
(
b)
Program
to
distribute
lead
information.
To
be
considered
at
least
as
protective
as
the
Federal
requirements
for
pre­
renovation
distribution
of
information,
the
State
or
Indian
Tribe
must
have
procedures
and
requirements
that
establish:
(
1)
Clear
standards
for
identifying
home
improvement
activities
that
trigger
the
pamphlet
distribution
requirements;
and
(
2)
Procedures
for
distributing
the
lead
hazard
information
to
owners
and
occupants
of
the
housing
prior
to
renovation
activities.
(
c)
Distribution
of
acceptable
lead
hazard
information.
To
be
considered
at
least
as
protective
as
the
Federal
requirements
for
the
distribution
of
a
lead
hazard
information
pamphlet,
the
State
or
Indian
Tribe
must
either:
(
1)
Distribute
the
lead
hazard
information
pamphlet
developed
by
EPA
under
section
406(
a)
of
TSCA,
titled
Protect
Your
Family
from
Lead
in
Your
Home;
or
(
2)
Distribute
an
alternate
pamphlet
or
package
of
lead
hazard
information
that
has
been
submitted
by
the
State
or
Tribe,
reviewed
by
EPA,
and
approved
by
EPA
for
use
in
that
State
or
Tribe.
Such
information
must
meet
the
content
requirements
prescribed
by
section
406(
a)
of
TSCA,
and
be
in
a
format
that
is
readable
to
the
diverse
audience
of
housing
owners
and
occupants
in
that
State
or
Tribe.

Sec.
745.327
State
or
Indian
Tribal
lead­
based
paint
compliance
and
enforcement
programs.

(
a)
Approval
of
compliance
and
enforcement
programs.
A
State
or
Indian
Tribe
seeking
authorization
of
a
lead­
based
paint
program
can
apply
for
and
receive
either
interim
or
final
approval
of
the
compliance
and
enforcement
program
portion
of
its
lead­
based
paint
program.
Indian
Tribes
are
not
required
to
exercise
criminal
enforcement
jurisdiction
as
a
condition
for
program
authorization.
(
1)
Interim
approval.
Interim
approval
of
the
compliance
and
enforcement
program
portion
of
the
State
or
Tribal
lead­
based
paint
program
may
be
granted
by
EPA
only
once,
and
subject
to
a
specific
expiration
date.
(
i)
To
be
considered
adequate
for
purposes
of
obtaining
interim
approval
for
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program,
a
State
or
Indian
Tribe
must,
in
its
application
described
at
Sec.
745.324(
a):
(
A)
Demonstrate
it
has
the
legal
authority
and
ability
to
immediately
implement
the
elements
in
paragraph
(
b)
of
this
section.
This
demonstration
shall
include
a
statement
that
the
State
or
Indian
Tribe,
during
the
interim
approval
period,
shall
carry
out
a
level
of
compliance
monitoring
and
enforcement
necessary
to
ensure
that
the
State
or
Indian
Tribe
addresses
any
significant
risks
posed
by
noncompliance
with
lead­
based
paint
activity
requirements.
(
B)
Present
a
plan
with
time
frames
identified
for
implementing
in
the
field
each
element
in
paragraph
(
c)
of
this
section.
All
elements
of
paragraph
(
c)
of
this
section
must
be
fully
implemented
no
later
than
3
years
from
the
date
of
EPA's
interim
approval
of
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program.
A
statement
of
resources
must
be
included
in
the
State
or
Tribal
plan
which
identifies
what
resources
the
State
or
Indian
Tribe
intends
to
devote
to
the
administration
of
its
lead­
based
paint
compliance
and
enforcement
program.
August
13,
2000
B
­
29
(
C)
Agree
to
submit
to
EPA
the
Summary
on
Progress
and
Performance
of
lead­
based
paint
compliance
and
enforcement
activities
as
described
at
paragraph
(
d)
of
this
section.
(
ii)
Any
interim
approval
granted
by
EPA
for
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program
will
expire
no
later
than
3
years
from
the
date
of
EPA's
interim
approval.
One
hundred
and
eighty
days
prior
to
this
expiration
date,
a
State
or
Indian
Tribe
shall
apply
to
EPA
for
final
approval
of
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program.
Final
approval
shall
be
given
to
any
State
or
Indian
Tribe
which
has
in
place
all
of
the
elements
of
paragraphs
(
b),
(
c),
and
(
d)
of
this
section.
If
a
State
or
Indian
Tribe
does
not
receive
final
approval
for
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program
by
the
date
3
years
after
the
date
of
EPA's
interim
approval,
the
Administrator
shall,
by
such
date,
initiate
the
process
to
withdraw
the
State
or
Indian
Tribe's
authorization
pursuant
to
Sec.
745.324(
i).
(
2)
Final
approval.
Final
approval
of
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program
can
be
granted
by
EPA
either
through
the
application
process
described
at
Sec.
745.324(
a),
or,
for
States
or
Indian
Tribes
which
previously
received
interim
approval
as
described
in
paragraph
(
a)(
1)
of
this
section,
through
a
separate
application
addressing
only
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program.
(
i)
For
the
compliance
and
enforcement
program
to
be
considered
adequate
for
final
approval
through
the
application
described
at
Sec.
745.324(
a),
a
State
or
Indian
Tribe
must,
in
its
application:
(
A)
Demonstrate
it
has
the
legal
authority
and
ability
to
immediately
implement
the
elements
in
paragraphs
(
b)
and
(
c)
of
this
section.
(
B)
Submit
a
statement
of
resources
which
identifies
what
resources
the
State
or
Indian
Tribe
intends
to
devote
to
the
administration
of
its
lead­
based
paint
compliance
and
enforcement
program.
(
C)
Agree
to
submit
to
EPA
the
Summary
on
Progress
and
Performance
of
lead­
based
paint
compliance
and
enforcement
activities
as
described
at
paragraph
(
d)
of
this
section.
(
ii)
For
States
or
Indian
Tribes
which
previously
received
interim
approval
as
described
in
paragraph
(
a)(
1)
of
this
section,
in
order
for
the
State
or
Tribal
compliance
and
enforcement
program
to
be
considered
adequate
for
final
approval
through
a
separate
application
addressing
only
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program,
a
State
or
Indian
Tribe
must,
in
its
application:
(
A)
Demonstrate
that
it
has
the
legal
authority
and
ability
to
immediately
implement
the
elements
in
paragraphs
(
b)
and
(
c)
of
this
section.
(
B)
Submit
a
statement
which
identifies
the
resources
the
State
or
Indian
Tribe
intends
to
devote
to
the
administration
of
its
lead­
based
paint
compliance
and
enforcement
program.
(
C)
Agree
to
submit
to
EPA
the
Summary
on
Progress
and
Performance
of
lead­
based
paint
compliance
and
enforcement
activities
as
described
at
paragraph
(
d)
of
this
section.
(
D)
To
the
extent
not
previously
submitted
through
the
application
described
at
Sec.
745.324(
a),
submit
copies
of
all
applicable
State
or
Tribal
statutes,
regulations,
standards,
and
other
material
that
provide
the
State
or
Indian
Tribe
with
authority
to
administer
and
enforce
the
lead­
based
paint
compliance
and
enforcement
program,
and
copies
of
the
policies,
certifications,
plans,
reports,
and
any
other
documents
that
demonstrate
that
the
program
meets
the
requirements
established
in
paragraphs
(
b)
and
(
c)
of
this
section.
(
b)
Standards,
regulations,
and
authority.
The
standards,
regulations,
and
authority
described
in
paragraphs
(
b)(
1)
through
(
b)(
4)
of
this
section
are
part
of
the
required
elements
for
the
compliance
and
enforcement
portion
of
a
State
or
Tribal
lead­
based
paint
program.
(
1)
Lead­
based
paint
activities
and
requirements.
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
programs
will
be
considered
adequate
if
the
State
or
Indian
Tribe
demonstrates,
in
its
application
at
Sec.
745.324(
a),
that
it
has
established
a
lead­
based
paint
program
containing
the
following
requirements:
(
i)
Accreditation
of
training
programs
as
described
at
Sec.
745.325(
b).
(
ii)
Certification
of
individuals
engaged
in
lead­
based
paint
activities
as
described
at
Sec.
745.325(
c).
(
iii)
Standards
for
the
conduct
of
lead­
based
paint
activities
as
described
at
Sec.
745.325(
d);
and,
as
appropriate,
(
iv)
Requirements
that
regulate
the
conduct
of
pre­
renovation
notification
activities
as
described
at
Sec.
745.326.
(
2)
Authority
to
enter.
State
or
Tribal
officials
must
be
able
to
enter,
through
consent,
warrant,
or
other
authority,
premises
or
facilities
where
lead­
based
paint
activities
violations
may
occur
for
purposes
of
August
13,
2000
B
­
30
conducting
inspections.
(
i)
State
or
Tribal
officials
must
be
able
to
enter
premises
or
facilities
where
those
engaged
in
training
for
lead­
based
paint
activities
conduct
business.
(
ii)
For
the
purposes
of
enforcing
a
pre­
renovation
notification
program,
State
or
Tribal
officials
must
be
able
to
enter
a
renovator's
place
of
business.
(
iii)
State
or
Tribal
officials
must
have
authority
to
take
samples
and
review
records
as
part
of
the
lead­
based
paint
activities
inspection
process.
(
3)
Flexible
remedies.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
provide
for
a
diverse
and
flexible
array
of
enforcement
remedies.
At
a
minimum,
the
remedies
that
must
be
reflected
in
an
enforcement
response
policy
must
include
the
following:
(
i)
Warning
letters,
Notices
of
Noncompliance,
Notices
of
Violation,
or
the
equivalent;
(
ii)
Administrative
or
civil
actions,
including
penalty
authority
(
e.
g.,
accreditation
or
certification
suspension,
revocation,
or
modification);
and
(
iii)
Authority
to
apply
criminal
sanctions
or
other
criminal
authority
using
existing
State
or
Tribal
laws,
as
applicable.
(
4)
Adequate
resources.
An
application
must
include
a
statement
that
identifies
the
resources
that
will
be
devoted
by
the
State
or
Indian
Tribe
to
the
administration
of
the
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program.
This
statement
must
address
fiscal
and
personnel
resources
that
will
be
devoted
to
the
program.
(
c)
Performance
elements.
The
performance
elements
described
in
paragraphs
(
c)(
1)
through
(
c)(
7)
of
this
section
are
part
of
the
required
elements
for
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program.
(
1)
Training.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
implement
a
process
for
training
enforcement
and
inspection
personnel
and
ensure
that
enforcement
personnel
and
inspectors
are
well
trained.
Enforcement
personnel
must
understand
case
development
procedures
and
the
maintenance
of
proper
case
files.
Inspectors
must
successfully
demonstrate
knowledge
of
the
requirements
of
the
particular
discipline
(
e.
g.,
abatement
supervisor,
and/
or
abatement
worker,
and/
or
lead­
based
paint
inspector,
and/
or
risk
assessor,
and/
or
project
designer)
for
which
they
have
compliance
monitoring
and
enforcement
responsibilities.
Inspectors
must
also
be
trained
in
violation
discovery,
methods
of
obtaining
consent,
evidence
gathering,
preservation
of
evidence
and
chain­
of­
custody,
and
sampling
procedures.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
also
implement
a
process
for
the
continuing
education
of
enforcement
and
inspection
personnel.
(
2)
Compliance
assistance.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
provide
compliance
assistance
to
the
public
and
the
regulated
community
to
facilitate
awareness
and
understanding
of
and
compliance
with
State
or
Tribal
requirements
governing
the
conduct
of
lead­
based
paint
activities.
The
type
and
nature
of
this
assistance
can
be
defined
by
the
State
or
Indian
Tribe
to
achieve
this
goal.
(
3)
Sampling
techniques.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
have
the
technological
capability
to
ensure
compliance
with
the
lead­
based
paint
program
requirements.
A
State
or
Tribal
application
for
approval
of
a
lead­
based
paint
program
must
show
that
the
State
or
Indian
Tribe
is
technologically
capable
of
conducting
a
lead­
based
paint
compliance
and
enforcement
program.
The
State
or
Tribal
program
must
have
access
to
the
facilities
and
equipment
necessary
to
perform
sampling
and
laboratory
analysis
as
needed.
This
laboratory
facility
must
be
a
recognized
laboratory
as
defined
at
Sec.
745.223,
or
the
State
or
Tribal
program
must
implement
a
quality
assurance
program
that
ensures
appropriate
quality
of
laboratory
personnel
and
protects
the
integrity
of
analytical
data.
(
4)
Tracking
tips
and
complaints.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate
the
ability
to
process
and
react
to
tips
and
complaints
or
other
information
indicating
a
violation.
(
5)
Targeting
inspections.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate
the
ability
to
target
inspections
to
ensure
compliance
with
the
lead­
based
paint
program
requirements.
Such
targeting
must
include
a
method
for
obtaining
and
using
notifications
of
commencement
of
abatement
activities.
(
6)
Follow
up
to
inspection
reports.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate
the
ability
to
reasonably,
and
in
a
timely
manner,
process
and
follow­
up
on
inspection
August
13,
2000
B
­
31
reports
and
other
information
generated
through
enforcement­
related
activities
associated
with
a
lead­
based
paint
program.
The
State
or
Tribal
program
must
be
in
a
position
to
ensure
correction
of
violations
and,
as
appropriate,
effectively
develop
and
issue
enforcement
remedies/
responses
to
follow
up
on
the
identification
of
violations.
(
7)
Compliance
monitoring
and
enforcement.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate,
in
its
application
for
approval,
that
it
is
in
a
position
to
implement
a
compliance
monitoring
and
enforcement
program.
Such
a
compliance
monitoring
and
enforcement
program
must
ensure
correction
of
violations,
and
encompass
either
planned
and/
or
responsive
lead­
based
paint
compliance
inspections
and
development/
issuance
of
State
or
Tribal
enforcement
responses
which
are
appropriate
to
the
violations.
(
d)
Summary
on
Progress
and
Performance.
The
Summary
on
Progress
and
Performance
described
below
is
part
of
the
required
elements
for
the
compliance
and
enforcement
program
portion
of
a
State
or
Tribal
lead­
based
paint
program.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
submit
to
the
appropriate
EPA
Regional
Administrator
a
report
which
summarizes
the
results
of
implementing
the
State
or
Tribal
leadbased
paint
compliance
and
enforcement
program,
including
a
summary
of
the
scope
of
the
regulated
community
within
the
State
or
Indian
Tribe
(
which
would
include
the
number
of
individuals
and
firms
certified
in
lead­
based
paint
activities
and
the
number
of
training
programs
accredited),
the
inspections
conducted,
enforcement
actions
taken,
compliance
assistance
provided,
and
the
level
of
resources
committed
by
the
State
or
Indian
Tribe
to
these
activities.
The
report
shall
be
submitted
according
to
the
requirements
at
Sec.
745.324(
h).
(
e)
Memorandum
of
Agreement.
An
Indian
Tribe
that
obtains
program
approval
must
establish
a
Memorandum
of
Agreement
with
the
Regional
Administrator.
The
Memorandum
of
Agreement
shall
be
executed
by
the
Indian
Tribe's
counterpart
to
the
State
Director
(
e.
g.,
the
Director
of
Tribal
Environmental
Office,
Program
or
Agency).
The
Memorandum
of
Agreement
must
include
provisions
for
the
timely
and
appropriate
referral
to
the
Regional
Administrator
for
those
criminal
enforcement
matters
where
that
Indian
Tribe
does
not
have
the
authority
(
e.
g.,
those
addressing
criminal
violations
by
non­
Indians
or
violations
meriting
penalties
over
$
5,000).
The
Agreement
must
also
identify
any
enforcement
agreements
that
may
exist
between
the
Indian
Tribe
and
any
State.

Sec.
745.330
Grants.

(
a)
The
Administrator
may
make
grants
to
States
and
Indian
Tribes,
under
section
404(
g)
of
TSCA
to
develop
and,
if
authorized,
carry
out
lead­
based
paint
activities
programs
to
ensure
that
individuals
employed
in
lead­
based
paint
activities
are
properly
trained;
that
training
programs
are
accredited;
and
that
contractors
employed
in
such
activities
are
certified,
pursuant
to
this
subpart.
The
Administrator
may
treat
a
tribe
as
eligible
to
apply
for
a
TSCA
section
404(
g)
grant
if
the
tribe:
(
1)
Is
recognized
by
the
Secretary
of
Interior.
(
2)
Has
an
existing
government
exercising
substantial
governmental
duties
and
powers.
(
3)
Has
adequate
authority
to
carry
out
the
grant
activities.
(
4)
Is
reasonably
expected
to
be
capable,
in
the
Administrator's
judgment,
of
administering
the
grant
program.
(
b)
If
the
Administrator
has
previously
determined
that
an
Indian
tribe
has
met
the
prerequisites
in
paragraphs
(
a)(
1)
and
(
a)(
2)
of
this
section
for
another
EPA
program,
the
tribe
need
provide
only
that
information
unique
to
the
TSCA
section
404(
g)
grant
program
required
by
paragraphs
(
a)(
3)
and
(
a)(
4)
of
this
section.
Grants
made
under
this
section
are
subject
to
the
requirements
of
part
31
of
this
chapter.

[
63
FR
41432,
Aug.
4,
1998]

Sec.
745.339
Effective
dates.

States
and
Indian
Tribes
may
seek
authorization
to
administer
and
enforce
subpart
L
pursuant
to
this
subpart
effective
October
28,
1996.
August
13,
2000
C
­
1
ATTACHMENT
C
Response
to
Comments
MEMORANDUM
SUBJECT:
Response
to
comment
on
renewal
of
ICR
under
TSCA
sections
402/
404
FROM:
Linda
Vlier
Moos,
Associate
Director
/
signed/
National
Program
Chemicals
Division
Office
of
Pollution
Prevention
&
Toxics
TO:
Angela
Hofmann,
Director
Regulatory
Coordination
Office
Office
of
Prevention,
Pesticides
&
Toxic
Substances
The
following
describes
our
rationale
for
not
changing
the
ICR
for
the
TSCA
sections
402/
404
regulations
in
response
to
the
comment
received
on
the
ICR
renewal
notice.

Background
On
February
23,
2000,
EPA
published
a
notice
in
the
Federal
Register
(
65
FR
8964)
requesting
comments
on
the
renewal
of
the
Information
Collection
Request
(
ICR)
for
its
lead­
based
paint
activities
regulations
under
TSCA
sections
402/
404
(
EPA
ICR
No.
1715.03,
OMB
No.
2070­
0155).
The
TSCA
section
402
regulations
include
reporting
and
recordkeeping
requirements
that
appy
(
1)
to
training
programs
seeking
accreditation
and
providing
training
to
individuals
conducting
lead­
based
paint
activities
in
residential
housing
and
child­
occupied
facilities,
and
(
2)
to
individuals
and
firms
seeking
certification
and
conducting
such
lead­
based
paint
activities
using
required
work
practice
standards.
The
TSCA
section
404
regulations
includine
reporting
and
recordkeeping
requirements
that
apply
to
States
and
Indian
Tribes
that
seek
Federal
authorization
to
administer
and
enforce
State
and
Tribal
programs
that
regulate
lead­
based
paint
activities
based
on
the
section
402
regulations.

Public
Comment
EPA
received
one
comment
on
the
Federal
Register
notice
from
Connor
Environmental
Services
&
Engineering
Assessments
(
Connor)
via
e­
mail
(
copy
attached).
Connor
indicated
that
the
multi­
state
certification
process
is
confusing,
state­
specific
and
costly
for
firms
that
wish
to
do
business
in
several
states,
some
of
which
are
authorized
to
operate
their
own
programs
and
some
of
which
are
operated
by
EPA
under
the
Federal
program.
Connor
was
concerned
about
the
lack
of
reciprocity
among
states
and
the
variety
of
fees
that
different
states
required.

Discussion
This
comment
was
received
in
response
to
a
Federal
Register
notice
requesting
comment
on
the
renewal
of
an
ICR
addressing
reporting
and
recordkeeping
requirements
under
TSCA
sections
402/
404.
The
commenter
addressed
issues
relating
to
fees
and
reciprocity.
Neither
of
these
are
subjects
covered
in
the
ICR
renewal
and
both
are
more
appropriately
raised
to
the
states
operating
authorized
programs.
Further
the
commenter
did
not
provide
data
or
suggestions
for
changes
to
any
reporting
and
recordkeeping
requirements.

Fees.
Training
program
and
certification
fees
do
not
involve
an
ICR.
EPA
is
required
by
statute
to
recover
the
costs
of
operating
the
Federal
program.
Fees
required
by
EPA
under
the
Federal
program
were
addressed
in
a
separate
rule
(
64
FR
31092,
6/
9/
99).
States
have
their
own
statutory
authority
to
develop
fees
for
their
programs.

Reciprocity.
The
statute
directed
EPA
to
establish
a
process
that
would
allow
states
to
be
authorized
to
operate
their
own
training
and
certification
programs
if
the
programs
were
"
at
least
as
protective
as"
the
Federal
program.
EPA
does
not
possess
the
authority
to
require
reciprocity
among
the
August
13,
2000
C
­
2
states,
because
the
statute
directed
EPA
only
to
encourage
but
not
require
reciprocity
among
the
states.
Congress
clearly
intended
that
individual
states
would
be
operating
distinct
programs.
EPA
developed
regulations
through
notice
and
comment
rulemaking
to
put
the
statutory
directives
in
place.
EPA
has
encouraged
reciprocity
by
including
in
its
regulations
provisions
for
accepting
valid
state
certification
from
any
authorized
State
or
Tribe.

Other
changes
to
increase
reciprocity
and
reduce
the
cost
for
multi­
state
applicants
would
require
notice
and
comment
rulemaking
and
are
beyond
the
scope
of
the
ICR
renewal
notice.

Conclusion
The
comment
raises
issues
that
do
not
specifically
provide
the
type
of
information
requested
in
the
ICR
renewal
notice
and
seeks
solutions
that
are
beyond
the
scope
of
the
ICR
renewal.
Therefore,
the
comment
received
from
Connor
does
not
require
a
response
under
the
402
ICR
renewal.

The
ICR
being
forwarded
for
approval
has
not
been
changed
since
the
publication
of
the
February
23,
2000
notice
requesting
comment
on
the
ICR
renewal
for
the
TSCA
sections
402/
404
regulations.
If
you
have
additional
questions,
please
contact
me
or
Ellie
Clark
of
my
staff
at
260­
3402.

Attachment
cc:
John
Melone
Ellie
Clark
Rob
Beekman
August
13,
2000
D
­
1
Attachment
D
Application
and
Instructions
Used
in
the
Federal
Program
The
attached
new
forms
would
replace
the
current
EPA
form
numbers
and
EPA
publications
listed
below.
As
soon
as
these
new
forms
are
available
electronically,
the
Agency
will
post
them
on
the
Lead
home
page
on
EPA's
internet.

Accreditation
Application
­
EPA
Form
Number
8500­
25
Firm
Application
­
EPA
Form
Number
8500­
27
Certification
Application
­
EPA
Form
Number
8500­
28
Instructions
for
Training
Providers
(
Accreditation)
­
EPA
747­
B­
98­
003
Instructions
for
Firms
­
EPA
747­
B­
99­
001
Instructions
for
Individuals
­
EPA
747­
B­
99­
002
