EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
1
Toxic
Substances
Control
Act
Sections
402
and
404
15
U.
S.
C.
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.

(
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
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.
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
2
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
(
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,
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

g/
dl
(
micrograms
of
lead
per
deciliter
of
whole
blood)
for
a
single
venous
test
or
of
15­
19

/
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
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.
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.
(
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
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.
(
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,
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
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
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:
(
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.
(
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.
(
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;
(
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
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.
(
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.
(
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
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
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
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
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.
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
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)
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
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.
(
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
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.
(
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
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
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.
