Supporting
Statement
for
a
Request
for
OMB
Review
under
The
Paperwork
Reduction
Act
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
Title:
TSCA
Sections
402/
404
Training,
Certification,
Accreditation
and
Standards
for
Lead­
Based
Paint
Activities
EPA
ICR
No.:
1715.06
OMB
Control
No:
2070­
0155
1(
b)
Short
Characterization
This
information
collection
request
(
ICR)
updates
and
consolidates
two
existing
ICRs
covering
the
reporting
and
recordkeeping
requirements
of
the
final
rulemaking
addressing
leadbased
paint
activities
under
the
authority
of
sections
402
and
404
of
the
Toxic
Substances
Control
Act
(
TSCA)
(
15
U.
S.
C.
2682,
2684;
see
Attachment
1).
The
first
of
these
is
identified
as
EPA
ICR
No.
1715.02,
OMB
Control
No.
2070­
0155,
and
covers
the
reporting
and
recordkeeping
requirements
for
lead­
based
paint
professionals
conducting
lead­
based
paint
activities,
and
training
programs
providing
lead­
based
paint
activities
courses,
which
were
promulgated
under
the
authority
of
sections
402,
404
and
407
of
TSCA.
The
second
of
these,
identified
as
EPA
ICR
1715.05,
amends
the
original
ICR
to
include
the
burden
associated
with
notification
provisions
later
promulgated
under
the
final
rule
entitled
"
Lead:
Notification
Requirements
for
Lead­
based
Paint
Activities
and
Training."

The
Agency
requests
a
three­
year
renewal
approval
for
the
information
collection
requirements
contained
in
the
final
rule
addressing
training,
certification,
accreditation,
standards,
and
notification
for
lead­
based
paint
(
LBP)
activities
in
target
housing
and
child­
occupied
facilities
(
hereafter,
the
"
training
rule").
The
Agency
has
promulgated
this
rule
pursuant
to
sections
402
and
404
of
TSCA.
Section
404
allows
any
State
that
seeks
to
administer
and
enforce
standards
and
regulations
as
protective
as
those
developed
under
section
402
to
submit
an
application
to
EPA
for
authorization
of
a
State
program.
Indian
Tribes
and
Alaskan
Native
Villages
may
also
submit
such
applications.

The
final
training,
certification,
accreditation
and
standards
regulation
requires
reporting
and/
or
recordkeeping
from
four
entities:
States/
Tribes/
Alaskan
Native
Villages
(
hereafter,
the
term
"
States"
includes
Tribes
and
Villages);
training
providers;
and
firms
and
individuals
engaged
in
LBP
activities.
The
following
sections
provide
a
general
overview
of
the
reporting
and
recordkeeping
requirements
for
each
entity,
discussed
in
more
detail
in
section
4(
b).
2
States.
Under
TSCA
section
404,
EPA
must
review
and
assess
State
submissions
to
determine
whether
to
grant
authorization
to
administer
a
program
addressing
training,
certification,
accreditation
and
standards
for
LBP
activities.
A
State
seeking
authorization
will
need
to
provide
information
to
EPA
so
the
Agency
may
determine
whether
its
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
program
and
whether
it
provides
adequate
enforcement.
Authorized
States
need
to
provide
a
report
to
EPA
on
their
activities.

Training
providers.
Training
programs
seeking
to
offer
training
in
LBP
activities
must
receive
EPA/
State
accreditation.
In
order
for
EPA/
States
to
have
the
information
necessary
to
evaluate
and
accredit
the
training
programs,
training
providers
need
to
prepare
and
submit
application
packages.
Training
programs
also
must
retain
certain
records
related
to
their
students
and
training
personnel
qualifications.
Training
programs
must
notify
the
Agency
1)
prior
to
providing
lead­
based
paint
activities
training
courses,
and
2)
following
completion
of
lead­
based
paint
activities
training
courses.
Training
programs
must
apply
for
re­
accreditation
every
four
years.
These
notification
requirements
are
necessary
to
provide
EPA
compliance
monitoring
and
enforcement
personnel
with
information
necessary
to
track
compliance
activity
and
to
prioritize
inspections.

Individuals/
Firms.
Individuals
and
firms
seeking
to
engage
in
LBP
activities
must
receive
certification
from
EPA/
States.
To
gain
certification,
an
individual
must
complete
an
accredited
training
course
and
receive
a
course
completion
certificate,
pass
a
thirdparty
certification
exam,
meet
specific
education/
experience
requirements,
and
demonstrate
this
to
EPA/
States.
A
firm
must
submit
a
letter
to
EPA/
States
certifying
that
it
will
employ
only
certified
individuals
and
conduct
LBP
activities
according
to
the
work
practice
standards.
Individuals/
firms
must
apply
for
re­
certification
every
three
years.
The
rule
also
requires
that
individuals/
firms
develop
and
retain
records
of
the
LBP
activities
they
undertake
to
demonstrate
compliance
with
standards
and
provide
a
written
record
for
future
reference.
Firms
must
notify
the
Agency
prior
to
commencement
of
lead­
based
paint
abatement
activities.
These
notification
requirements
are
necessary
to
provide
EPA
compliance
monitoring
and
enforcement
personnel
with
information
necessary
to
track
compliance
activity
and
to
prioritize
inspections.

2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
Under
section
402(
a)(
1)
of
TSCA,
the
Agency
must
"...
promulgate
final
regulations
governing
lead­
based
paint
activities
to
ensure
that
individuals
engaged
in
such
activities
are
properly
trained;
that
training
programs
are
accredited;
and
that
contractors
engaged
in
such
3
activities
are
certified.
Such
regulations
shall
contain
standards
for
performing
lead­
based
paint
activities,
taking
into
account
reliability,
effectiveness
and
safety."

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

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

Section
404(
a)
of
TSCA
states
that
"[
a]
ny
State
which
seeks
to
administer
and
enforce
the
standards,
regulations,
or
other
requirements
established
under
section
402
may...
develop
and
submit
to
the
Administrator
an
application,
in
such
form
as
the
Administrator
shall
require,
for
authorization
of
such
a
State
program."
The
Agency
shall
approve
such
an
application,
if
it
finds
that
"...
the
State
program
is
at
least
as
protective
of
human
health
and
the
environment
as
the
Federal
program
under
section
402...
and
such
State
program
provides
adequate
enforcement."
The
statute
also
requires
the
Agency
to
implement
the
program
in
States
that
do
not
receive
authorization
within
two
years
after
the
effective
date
of
the
rule.

Section
407
of
TSCA
states
that
regulations
shall
include
such
recordkeeping
and
reporting
requirements
as
may
be
necessary
to
ensure
effective
implementation.
EPA
regulations
under
Subchapter
IV
of
TSCA
include
lead­
based
paint
activities
regulations,
codified
at
40
CFR
Part
745
(
see
Attachment
2).

The
Agency's
final
training
rule
fulfills
these
statutory
mandates.

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

EPA/
States
This
collection
will
enable
EPA/
States
to
determine
compliance
with
and
enforce
the
requirements
for
training,
certification,
accreditation,
and
work
practice
standards.
Without
this
collection,
there
would
be
no
meaningful
way
of
ensuring
the
implementation
of
the
statutory
4
objective:
to
ensure
that
trained
individuals
perform
all
LBP
activities
to
minimize
harm
to
occupants
of
structures
and
other
parties.
The
work
practice
standards
in
the
rule
rely
on
reporting
and
recordkeeping
as
a
check
on
proper
performance
of
activities;
the
Agency
chose
this
approach
over
promulgating
prescriptive
standards
for
the
conduct
of
LBP
activities.
The
rulemaking
provides
flexibility
for
individuals
performing
the
activities,
by
relying
on
guidance
and
training
to
help
individuals
determine
the
best
approaches
and
on
documentation
as
a
"
standard
of
performance."
The
Agency
believes
this
is
the
best
method
for
accommodating
a
variety
of
LBP
hazards
and
site­
specific
conditions.

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

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

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

The
notification
requirement
is
necessary
to
permit
the
Agency
to
target
its
enforcement
activities
and
to
ensure
compliance
within
the
contracting
and
training
community.

3
NON­
DUPLICATION,
CONSULTATION
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
The
Agency's
collection
pursuant
to
the
TSCA
402/
404/
407
regulations
does
not
duplicate
any
other
collection.
There
is
no
other
model
program
for
LBP
activities
or
associated
State
program
approval
process,
and
there
are
currently
no
other
Federal
requirements
for
the
training
and
certification
of
individuals
engaged
in
these
activities,
for
the
accreditation
of
LBP
training
programs,
or
required
standards
for
the
conduct
of
these
activities.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
5
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
August
2,
2004
(
69
FR
30904,
June
1,
2004).
EPA
received
no
comments
during
the
comment
period.

3(
c)
Consultation
Input
(
through
telephone
interviews
only)
was
sought
from
a
combination
of
individuals,
firms,
training
providers
and
representatives
of
authorized
states
with
regard
to
the
accuracy
of
EPA's
estimates
for
this
ICR
and
to
opportunities
for
decreasing
burden.
In
each
category,
EPA
made
an
effort
to
consult
entities
that
had
recently
attained
certification,
accreditation,
or
authorization
as
applicable,
and
also
entities
that
had
recently
attained
re­
approval.

Some
entities,
particularly
newly
certified
ones,
were
unable
to
comment
on
the
entire
program
due
to
lack
of
experience;
however,
they
provided
input
to
the
extent
they
could.
In
addition,
one
entity,
although
recently
accredited,
had
already
decided
to
withdraw
from
the
program
due
to
difficulties
in
working
in
multiple
states;
this
company
did
not
answer
most
of
the
questions.

In
general,
most
of
the
respondents
felt
that
EPA's
burden
estimates
were
reasonable
and
accurate.
Two
respondents
felt
that
EPA's
estimates
for
becoming
familiar
with
the
regulation
and
completing
the
required
forms
overestimated
the
burden
by
a
factor
of
approximately
four.
One
respondent
felt
that
EPA
underestimated
this
burden
by
a
factor
of
four;
however,
she
stressed
that
her
experience
was
likely
to
be
unique
and
that
EPA's
estimate
would
probably
be
valid
in
most
instances.
One
authorized
state
felt
that
most
of
EPA's
estimates
were
somewhat
high,
although
also
felt
they
might
be
somewhat
low
in
a
specific
situation.
Given
this
range,
EPA
believes
that
the
burden
estimates
contained
in
this
ICR
reasonably
reflect
true
costs,
and
EPA
has
not
changed
the
burden
estimates
as
a
result
of
these
consultations.

Two
respondents
(
one
described
above)
had
special
circumstances
that
they
believed
made
the
burden
both
more
time­
consuming
and
more
frustrating.
In
one
case,
the
respondent
was
a
self­
employed
risk
assessor.
She
felt
that
without
the
support
of
an
office
or
even
basic
office
equipment
(
copying
machine,
etc.)
as
many
risk
assessors
have,
the
process
took
her
more
hours
because
of
her
need
to
travel
to
obtain
needed
copies,
etc.
In
the
second
case,
the
respondent
was
in
Hawaii
and
he
believed
that
the
distance
and
time
zone
differences
contributed
to
difficulties
in
communication
that
led
to
many
delays
and
needed
corrections.
Both
of
these
respondents
felt
that
EPA's
systems
may
work
well
for
the
most
part
but
that
their
experience
was
different.

Most
of
the
remaining
respondents,
on
the
other
hand,
were
pleased
with
EPA's
program
in
general,
although
almost
all
of
them
had
specific
suggestions
for
improving
efficiency.
However,
most
of
their
suggestions
were
not
directly
relevant
to
recordkeeping
and
recording
requirements.
In
general,
they
thought
that
part
of
the
program
worked
well
and
they
had
no
corrections
to
EPA's
estimates
of
burden
or
suggestions
on
how
it
should
or
could
be
reduced.
6
On
the
contrary,
two
respondents
felt
that
shortening
the
time
period
between
re­
certifications
(
which
would
have
the
effect
of
increasing
burden)
would
be
a
positive
change.

Other
comments
can
be
sorted
into
two
categories:
those
that
EPA
can
accomplish
by
simple
changes
in
procedures,
and
those
that
would
require
more
major
policy
or
regulatory
changes.
Among
the
comments
that
EPA
could
address
by
relatively
simple
procedural
modifications
were:

­
change
in
application
procedures
to
allow
both
application
forms
and
checks
to
be
submitted
to
one
address,
rather
than
two
separate
addresses
as
is
current
practice;

­
improved
and
more
timely
feedback
to
applicants
on
incomplete
or
otherwise
unacceptable
applications;

­
increased
promotion
and
explanation
of
electronic
reporting,
such
as
inclusion
of
reporting
instructions
in
the
certification
approval
letter
and
a
link
on
EPA's
website;
and
­
incorporation
of
automatic
reminder
notices
from
EPA
two
months
prior
to
expiration
of
certification
or
accreditation.

Comments
that
would
require
a
more
comprehensive
review
and
possible
regulatory,
policy,
or
other
change
were:

­
review
of
optimal
time
between
re­
certifications;

­
simplification
of
written
training
materials,
particularly
for
the
worker
course;

­
investigation
into
possibility
of
on­
line
training;

­
improved
coordination
between
EPA
and
states
(
and
between
states),
including
coordination
of
renewal
dates
for
certification
and
acceptability
of
state
training
programs
to
satisfy
EPA
requirements;

­
increased
and
more
visible
enforcement,
particularly
among
those
who
fail
to
notify
EPA
­
review
of
impact
of
training
fees
on
non­
profit
operations;
and
­
consideration
of
longer
grant
periods
for
state
grants.

A
summary
of
these
consultations
appear
below
as
Attachment
3.
A
related
background
document,
"
Roadmap
for
the
TSCA
Sections
402/
404
ICR
Renewal
Burden
Estimation,"
appears
as
Attachment
4.
7
3(
d)
Effects
of
Less
Frequent
Collection
Due
to
the
nature
of
this
regulation
and
its
collection,
less
frequent
collection
is
not
feasible.
In
particular,
each
individual
and
firm
must
obtain
certification
and
re­
certification,
each
training
program
must
obtain
accreditation
and
re­
accreditation
as
well
as
specific
notification
and
documentation
prior
to
commencement
and
upon
completion
of
each
lead­
based
paint
activity
course,
and
each
LBP
activity
is
a
separate
and
unique
event
requiring
specific
notification
and
documentation.
Program
approval
for
States
is
a
one­
time
activity,
although
there
is
ongoing
reporting.
8
3(
e)
General
Guidelines
This
ICR
is
consistent
with
OMB's
general
guidelines.
The
Agency
is
requiring
that
individuals
and
firms
maintain
records
for
three
years.
Authorized
States
report
once
a
year
for
the
first
three
years,
and
biannually
thereafter.

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

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

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

4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
respondents
to
this
rule
include:
1)
Training
providers
for
LBP
activities;
2)
Individuals
and
firms
engaged
in
LBP
activities;
and
3)
State
agencies.

Specific
NAICS
codes
include:
23321
Single
Family
Housing
Construction
23331
Manufacturing
and
Industrial
Building
Construction
23332
Commercial
and
Institutional
Building
Construction
23521
Painting
and
Wall
Covering
Contractors
23542
Drywall,
Plastering,
Acoustical,
and
Insulation
Contractors
23551
Carpentry
Contractors
23561
Roofing,
Siding,
and
Sheet
Metal
Contractors
23594
Wrecking
and
Demolition
Contractors
23599
All
Other
Special
Trade
Contractors
9
611513
Apprenticeship
Training
611519
Other
Technical
and
Trade
Schools
611699
All
Other
Miscellaneous
Schools
and
Instruction
92312
Administration
of
Public
Health
Programs
92411
Administration
of
Air
and
Water
Resource
and
Solid
Waste
Management
Programs
92511
Administration
of
Housing
Programs
4(
b)
Information
Requested
(
i)
Data
Items
In
order
to
obtain
authorization
from
EPA
to
administer
and
enforce
a
program
under
section
404,
States
must
prepare:

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

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

To
gain
accreditation,
training
providers
must
submit
the
following
documents
to
EPA/
State,
using
either
the
sample
EPA
Form
8500­
25,
entitled
"
Accreditation
Application
for
Training
Programs"
(
see
Attachment
5),
or
a
similar
form
containing
the
required
information:

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

To
gain
certification,
firms
engaged
in
LBP
activities
are
required
to
submit
specific
materials
to
EPA/
State,
using
either
the
sample
EPA
Form
8500­
27,
entitled
"
Application
for
Firms
to
Conduct
Lead­
Based
Paint
Activities"
(
see
Attachment
6),
or
a
similar
form
containing
the
required
information:

­
list
of
current
permits,
licenses,
certifications,
or
registrations
on
the
lead­
based
paint
activity
field
held
by
the
firm
­
explanation
of
any
lead­
based
paint
activity
violations
10
­
certification
statement
that
the
firm
will
employ
only
appropriately­
certified
individuals
and
that
its
employees
shall
follow
specified
work
practice
standards.

To
gain
certification,
individuals
engaged
in
LBP
activities
are
required
to
submit
specific
materials
to
EPA/
State,
using
either
the
sample
EPA
Form
8500­
28,
entitled
"
Application
for
Individuals
to
Conduct
Lead­
Based
Paint
Activities"
(
see
Attachment
7),
or
a
similar
form
containing
the
required
information:

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

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

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

Prior
to
giving
a
lead­
based
paint
activity
training
course,
training
providers
must
provide
notification
to
the
Agency,
using
either
the
sample
form
entitled
"
Lead­
Based
Paint
Activities
Training
Notification"
(
see
Attachment
8),
or
a
similar
form
containing
the
required
information.
Training
providers
may
provide
electronic
submissions
using
the
Agency's
Central
Data
Exchange
(
CDX)
(
secure
internet
based
electronic
submission
of
data).
The
initial
notice
must
include
the
following:

­
Notification
type
(
Original,
Updated,
Cancellation);
­
Training
program
name,
EPA
accreditation
number,
address,
and
phone
number;
­
Course
discipline,
type
(
initial/
refresher),
and
the
language
in
which
instruction
will
be
given;
­
Date(
s)
and
time(
s)
of
training;
­
Training
location(
s)
phone
number,
and
street
address;
­
Principal
instructor's
name;
and
­
Training
manager's
name
and
signature.
11
Training
providers
must
update
the
Agency
regarding
any
changes
to
training
dates,
course
locations,
course
cancellations,
or
other
changes
made
to
the
original
notice.

Following
completion
of
lead­
based
paint
activities
courses,
training
providers
must
provide
notice
using
either
the
sample
form,
entitled
"
Lead­
Based
Paint
Activities
Post­
Training
Notification"
(
see
Attachment
9),
or
a
similar
form
containing
the
required
information.
Training
providers
may
provide
electronic
submissions
using
the
Agency's
CDX.
The
notice
must
include
the
following:

­
Training
program
name,
EPA
accreditation
number,
address,
and
phone
number;
­
Course
discipline
and
type
(
initial/
refresher);
­
Date(
s)
of
training;
­
The
following
information
for
each
student
who
took
the
course:
­
Name
­
Address
­
Date
of
birth
­
Course
completion
certificate
number
­
Student
test
score;
and
­
Training
manager's
name
and
signature.

Certified
firms
must
notify
EPA
prior
to
beginning
lead­
based
paint
abatement
activities
(
except
in
emergency
situations)
and
provide
an
updated
notice
if
needed,
using
either
the
sample
form
entitled
"
Notification
of
Lead­
Based
Paint
Abatement
Activities"
(
see
Attachment
10),
or
a
similar
form
containing
the
required
information.
Certified
firms
may
provide
electronic
submissions
using
the
Agency's
CDX.
Notices
should
include
the
following
information:

­
Notification
type
(
Original,
Updated,
Cancellation);
­
Date
when
lead­
based
paint
abatement
activities
will
start;
­
Date
when
lead­
based
paint
abatement
activities
will
end
(
approximation
using
best
professional
judgement);
­
Firm's
name,
EPA
certification
number,
address,
and
phone
number;
­
Type
of
building
(
e.
g.
single
family
dwelling,
multi­
family
dwelling,
child­
occupied
facilities)
on/
in
which
abatement
work
will
be
performed;
­
Property
name
(
if
applicable);
­
Property
address
including
apartment
or
unit
number
(
if
applicable)
for
abatement
work;
­
Documentation
showing
evidence
of
an
EBL
determination
or
a
copy
of
the
Federal/
State/
Tribal/
Local
emergency
abatement
order,
if
applicable;
­
Name
and
EPA
certification
number
of
the
project
supervisor;
­
Approximate
square
footage/
acreage
to
be
abated;
­
Brief
description
of
abatement
activities
to
be
performed;
and
­
Name,
title,
and
signature
of
the
representative
of
the
certified
firm
who
prepared
the
notification.
12
(
ii)
Respondent
Activities.

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

States
seeking
authorization
for
the
training
rule
perform
the
following
activities:
­
read
the
regulations;
­
compare
any
existing
State
program
requirements
to
the
minimum
requirements
of
the
Federal
regulation;
­
develop
and
adopt
new
legislation
as
necessary;
­
develop
and
promulgate
new
regulations
as
necessary;
­
publish
a
notice
of
intent
to
seek
authorization
and
provide
an
opportunity
for
public
hearing;
­
prepare
and
submit
to
EPA
an
application
for
program
approval;
­
maintain
program
application
availability
for
public
inspection
for
up
to
one
year
after
submission;
and
­
submit
an
annual
report
to
EPA.

Training
providers
perform
the
following
activities:
­
read
the
regulation;
­
prepare
and
submit
an
accreditation
application
to
accrediting
entity;
­
submit
an
initial
and,
if
needed,
amended
notification
of
courses
to
be
given;
­
provide
notice
of
completion
of
all
lead­
based
paint
activities
courses
offered;
­
retain
records;
and
­
provide
accrediting
entity
access
to
records
as
requested.

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

Firms
perform
the
following
activities:
­
read
the
regulation;
­
submit
an
application
for
certification;
­
submit
notification
of
abatement
work,
and
­
retain
records.

5
THE
INFORMATION
COLLECTED
­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY
AND
INFORMATION
MANAGEMENT
13
5(
a)
Agency
Activities
EPA
performs
the
following
activities
in
order
to
authorize
States:
­
receives
applications;
­
reviews
applications
and
compares
them
with
the
Federal
program
at
40
CFR
part
745;
­
provides
applicants
with
notification
of
approval/
disapproval.

EPA
performs
the
following
activities
in
response
to
notifications:
­
Receives,
reviews
and
files
initial
notices
and
updates
received
from
training
providers;
­
Receives,
reviews
and
files
course
completion
notices
received
from
training
providers;
and
­
Receives,
reviews
and
files
notices
of
abatement
activities
from
lead
abatement
firms.

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

The
rule
provides
general
instructions
to
States
seeking
EPA
authorization
under
this
regulation.
A
State
may
submit
an
application
to
EPA
any
time.
The
elements
necessary
for
application
are
as
follows:

­
a
public
notice
of
intent
to
seek
authorization,
with
an
opportunity
for
public
hearing;
­
a
transmittal
letter
from
the
Governor
or
Tribal
equivalent
requesting
program
approval;
­
an
Attorney
General
or
Tribal
equivalent
statement
certifying
the
adequacy
of
the
State's
program
authority;
­
copies
of
all
applicable
State
statutes
and
regulations;
­
the
name
of
the
primary
agency
that
is
or
will
be
responsible
for
administering
and
enforcing
the
program
and
functions
of
any
other
agencies
involved
in
administering
the
program;
­
a
description
of
the
program
elements
and
an
analysis
of
how
these
elements
relate
to
the
Federal
program
elements
under
section
402;
and
14
­
a
description
of
the
resources
the
State
intends
to
devote
to
the
administration
and
enforcement
of
the
program.

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

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

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

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

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

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

­
the
training
program's
name,
address,
and
telephone
number;
­
a
list
of
courses
for
which
it
is
applying
for
re­
accreditation;
15
­
a
description
of
any
changes
or
updates
to
the
training
facility
or
equipment
that
would
adversely
affect
a
students
ability
to
learn,
since
its
last
application
was
approved;
and
­
a
statement
from
the
training
program
manager
that
the
training
program
complies
at
all
times
with
all
rule
requirements.

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

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

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

­
proof
of
training
(
for
all
individuals);
­
evidence
that
the
individual
meets
the
education
or
experience
prerequisites
(
applicable
to
all
but
workers
and
inspectors);
and
­
proof
of
completing
the
standardized
certification
exam
(
applicable
to
all
but
workers
and
project
designers).

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

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

The
rule
requires
that
individuals/
firms
prepare
reports
during
the
conduct
of
LBP
activities
and
maintain
the
reports
for
no
fewer
than
three
years.
The
requirements
are
specific
to
the
disciplines.
16
Following
the
conduct
of
an
inspection,
the
inspector
must
prepare
a
report
documenting
the
following:

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

For
a
risk
assessment:

­
date
of
risk
assessment;
­
address
of
residences
and
buildings;
­
date
of
construction
of
residences
and
buildings;
­
unit
numbers
(
if
applicable);
­
name,
address
and
telephone
number
of
the
owner
of
residences
and
buildings;
­
name,
signature,
and
certification
number
of
risk
assessor
conducting
the
assessment,
­
name,
address,
and
telephone
number
of
certified
firm
employing
the
risk
assessor
(
if
applicable);
­
results
of
visual
inspection;
­
name,
address,
and
telephone
of
each
recognized
laboratory
conducting
analyses
of
samples;
­
testing
methods
and
sampling
procedures
for
paint
analysis
employed;
­
specific
locations
of
each
painted
component
tested
for
the
presence
of
LBP;
­
all
data
collected
from
on­
site
testing;
­
all
results
of
laboratory
analyses
on
samples;
­
any
other
sampling
results;
­
any
background
information
collected
prior
to
the
activity;
­
an
evaluation
of
any
previous
inspections,
analyses,
or
assessments
of
LBP,
if
applicable;
­
description
of
the
location
and
type
of
identified
LBP
hazards;
and
­
description
of
options
for
addressing
any
LBP
hazards.
17
For
a
lead
hazard
screen:

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

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

Before
an
abatement,
the
individual/
firm
must
prepare
an
occupant
protection
plan
describing
the
measures
that
the
individual/
firm
will
take
during
the
abatement
to
protect
building
occupants
from
exposure
to
lead­
contaminated
dust
and
debris.

Following
the
abatement,
the
individual
or
supervisor
must
prepare
a
report
detailing
the
following:

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

The
Agency
will
make
use
of
existing
technology
to
simplify
the
lead­
based
paint
abatement
and
training
notification
process.
Therefore,
in
addition
to
the
more
traditional
notification
methods
(
mail,
commercial
delivery
service,
or
hand
delivery)
the
Agency
will
allow
fax,
and
internet
based
submission
of
notifications
via
the
Agency's
Central
Data
Exchange
(
CDX).

The
Environmental
Protection
Agency
is
establishing
a
single
portal
on
the
Web
for
environmental
data
entering
called
CDX.
The
Agency
will
accept
abatement
and
training
program
notifications
through
this
system.
CDX
offers
a
faster,
easier,
more
secure
reporting
option.
CDX
provides
built­
in
data
quality
checks,
web
forms,
standard
file
formats,
and
a
user
friendly
approach
to
reporting
data.

CDX
helps
reporting
entities
by:

­
Reducing
their
reporting
burden
and
associated
costs.
18
­
Enabling
automated,
machine
to
machine
transactions
eliminating
tedious
paper
forms
and
redundant
data
entry.
­
Ensuring
a
secure
electronic
environment.
­
Improving
data
quality
through
built­
in
edit
and
data
quality
checks.
­
Offering
faster,
easier
click­
and­
send
reporting
with
one
consistent
point
of
entry
for
reporting,
one
streamlined
set
of
procedures,
and
one
password.
­
Confirming
EPA's
receipt
of
their
data.
­
Translating
and
distributing
incoming
data
to
the
appropriate
data
system.

CDX
helps
EPA
by:

­
Centralizing
receipt,
security,
user
authentication,
archiving,
translation,
distribution
and
related
user
support
services
for
incoming
data.
­
Eliminating
redundant
infrastructure
and
its
associated
cost.
­
Enabling
the
Agency
to
streamline
and
simplify
compliance
reporting
for
everyone.

The
Agency
also
considered
telephone
notification
and
found
it
inappropriate
because
it
would
increase
administrative
burden,
and
would
be
less
reliable
due
to
inherent
problems
associated
with
transcribing
verbal
information.
Therefore,
the
Agency
does
not
intend
to
allow
telephone
notification.

5(
c)
Small
Entity
Flexibility
The
Agency
has
attempted
to
ensure
that
its
regulatory
requirements
do
not
unduly
burden
small
business.
The
certification
requirements
are
very
simple.
A
firm
need
only
certify
to
the
accrediting
authority
that
it
is
employing
certified
individuals
and
that
it
will
comply
with
the
required
standards.
Individuals
must
take
a
refresher
training
course
every
three
years,
or
five
years
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training.
The
Agency
also
permits
flexibility
in
the
way
information
is
prepared
and
presented
(
e.
g.,
there
are
no
forms
to
complete).
Post­
certification
and
accreditation,
firms
and
training
providers
need
only
notify
the
Agency
that
it
is
commencing
lead­
based
paint
abatement
activities
or
providing
a
lead­
based
paint
activity
training
course
(
with
relevant
information),
and
that
it
will
comply
with
the
required
standards.

5(
d)
Collection
Schedule
For
authorization,
certification,
and
accreditation,
collection
activities
will
occur
according
to
the
following
schedule:

­
States/
Tribes
may
submit
an
application
for
program
authorization
at
any
time;
­
training
programs
may
apply
to
become
accredited
at
any
time;
­
training
programs
must
seek
re­
accreditation
at
four­
year
intervals
following
initial
accreditation;
19
­
individuals
and
firms
may
apply
for
certification
at
any
time;
­
individuals
and
firms
must
seek
re­
certification
at
three­
year
intervals
(
five­
year
intervals
for
individuals
who
have
passed
a
proficiency
test
as
part
of
their
training)
following
initial
certification.

The
Agency
believes
that
receipt
of
notification
five
and
seven
business
days
respectively
prior
to
conducting
lead­
based
paint
abatement
activities
or
training
courses
is
necessary
to
facilitate
the
inspection
of
abatement
and
training
locations.
The
regulation
also
includes
provisions
for
updating
the
original
notification.
The
Agency
determined
that
the
time
periods
for
initial
notification
will
also
apply
to
a
change
in
course
location,
or
if
the
course
is
to
be
presented
earlier
than
described
in
the
original
notification.
Other
changes,
including
cancellation
of
courses
or
abatement
projects,
need
only
be
received
by
the
Agency
at
least
two
business
days
before
a
training
course
is
scheduled
to
begin,
or
by
the
start
date
of
an
abatement
activity.
Such
notification
periods
are
appropriate
to
allow
proper
allocation
of
EPA
compliance
monitoring
and
enforcement
resources,
and
to
prevent
the
arrival
of
Agency
personnel
at
the
wrong
location
or
time.

6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
This
section
estimates
the
incremental
burden
and
cost
associated
with
the
reporting
and
recordkeeping
requirements
of
sections
402
(
a)
and
404
of
TSCA,
and
also
with
the
notification
requirements
recently
promulgated,
as
discussed
earlier.
The
burden
estimates
provided
in
this
analysis
are
primarily
based
on
the
cost
estimates
developed
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
(
Fees
Rule
EA),
a
data
summary
from
the
nine
State
lead
accreditation
and
certification
program
survey,
and
the
level
of
certification
and
accreditation
and
renewal
activity
observed
over
the
first
five
years
of
the
program.
Burden
and
cost
estimates
are
provided
for
three
years
running
roughly
from
July
to
July:
2004/
2005,
2005/
2006,
and
2006/
2007.
These
burden
and
cost
estimates
cover
both
initial
accreditations
and
certifications
and
also
re­
accreditation
and
re­
certification,
as
well
as
the
associated
notifications.

Sections
6(
a)
and
6(
b)
discuss
the
respondents'
burdens
and
costs,
respectively.
Section
6(
c)
reports
EPA
burdens
and
costs,
and
sections
6(
d)
through
6(
f)
provide
summaries
of
the
respondents'
burdens,
and
provide
the
Federal
Register
burden
statement.
Each
of
sections
6(
a),
6(
b),
and
6(
c)
include
two
parts.
The
first
parts
of
each
section
consist
of
the
analysis
of
the
reporting
and
recordkeeping
and
training
program
elements
of
burden
and
cost
that
were
previously
covered
in
EPA
ICR
No.
1715.02.
The
second
parts
cover
the
notification
provisions
that
were
previously
covered
in
EPA
ICR
1715.05.
The
first
parts
will
be
referred
to
as
Accreditation
and
Certification.
The
second
parts
will
be
referred
to
as
Notification.
The
burden
and
cost
calculations
in
the
Notification
sections
are
based
on
the
numbers
of
entities
and
events
that
are
developed
in
the
Accreditation
and
Certification
sections,
as
well
as
on
estimates
included
in
the
previous
ICR
and
in
the
Fees
Rule
EA.
The
estimates
from
both
parts
of
sections
6(
a),
6(
b),
and
6(
c)
are
brought
together
in
the
summaries
in
sections
6(
d)
through
6(
f).
1
U.
S.
EPA.
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
February
26,
1999.
(
Hereafter
referred
to
as
the
Fees
Rule
EA.)

20
6(
a)
Estimating
Respondent
Burden
Accreditation
and
Certification
Introduction
Four
types
of
respondents
will
be
affected
by
this
information
collection
request
(
ICR):
1)
training
providers,
2)
firms
performing
lead­
based
paint
activities,
3)
individual
lead­
based
paint
professionals,
and
4)
States.
The
burdens
and
costs
fall
into
one
of
the
following
categories:
1)
applying
for
authorization/
certification/
accreditation,
2)
applying
for
renewal
of
certification/
accreditation,
3)
annual
reporting
(
or
reporting
during
the
course
of
the
year),
and
4)
annual
recordkeeping
(
or
recordkeeping
during
the
course
of
the
year).
The
reporting
and
recordkeeping
burden
estimates
include
the
time
associated
with
completing
and
sending
the
reports
to
the
appropriate
authority,
as
well
as
the
time
required
to
collect
the
information
needed
to
complete
the
report.
The
recordkeeping
burden
estimates
include
the
time
associated
with
copying,
filing
and
maintaining
the
records.
In
addition,
some
States
and
the
Federal
government
will
be
affected
in
their
role
as
administrators
of
the
programs.

Sections
402/
404
allow
training
providers,
firms,
and
individuals
to
apply
for
accreditation/
certification
simultaneously
in
multiple
States.
Some
entities
file
multi­
State
applications,
but
this
is
unlikely
to
have
a
significant
effect
on
the
estimate
of
the
burden.
To
the
extent
that
applicants
take
advantage
of
the
relatively
low
cost
of
applying
in
additional
States,
this
analysis
may
have
overestimated
the
burden
to
these
entities.

Projected
Activities
Previous
Method
of
Projections
The
previous
ICR
was
based
on
projections,
since
data
on
the
rate
of
activities
were
not
available.
Those
projections
involved
the
following
steps1:

(
a)
Use
a
variety
of
data
sources
to
project
the
number
of
housing
units
with
damaged
lead­
based
paint
in
each
of
the
fifty
States
and
in
Tribal
areas.

(
b)
Collect
data
on
the
numbers
of
accredited
training
providers
and
certified
firms
and
individuals
in
those
States
that
had
accreditation
and
certification
programs.

(
c)
Use
the
relationship
between
(
a)
and
(
b)
to
estimate
a
general
relationship
between
the
number
of
housing
units
and
the
numbers
of
accredited
and
certified
entities,
and
use
that
2
Fees
Rule
EA.

21
relationship
to
project
the
expected
numbers
of
accredited
and
certified
entities
in
each
State
and
in
Tribal
areas.

(
d)
Partition
the
numbers
derived
in
(
c)
among
States
that
were
expected
to
administer
their
own
programs
and
those
that
were
expected
to
be
administered
by
EPA.
This
generated
estimates
of
the
expected
steady­
state
numbers
for
each
type
of
entity,
and
produced
the
number
of
entities
expected
to
be
accredited
or
certified
in
the
first
year
of
the
program.
These
projections
were
in
two
parts:
the
EPA­
administered
universe,
and
the
universe
of
authorized
States
and
Tribal
areas.

(
e)
Use
estimates
of
expected
turnover
rates
to
project
both
the
numbers
of
new
accreditations
and
certifications
in
future
years
and
the
number
of
re­
accreditations
and
recertifications
for
both
the
EPA­
administered
universe
and
for
the
universe
of
authorized
States
and
Tribal
areas.

Those
procedures
were
used
to
develop
the
following
projections
for
the
total
number
of
entities
in
the
national
universe,
and
also
the
total
number
of
entities
in
the
EPA­
administered
universe
over
a
period
of
five
years2.
The
changes
in
the
EPA­
administered
universe
reflect
the
progress
expected
over
time
in
the
number
of
approved
State
and
Tribal
area
programs.
The
projections
suggested
that
the
increase
in
approved
State
programs
would
reduce
the
size
of
the
EPA­
administered
universe
by
13
percent
from
the
first
year
to
the
third
year,
by
27
percent
from
the
first
year
to
the
fourth
year,
and
by
40
percent
from
the
first
year
to
the
fifth
year.
22
Type
of
Entity
National
Universe
EPA­
Administered
Universe
Year
1
Year
2
Year
3
Year
4
Year
5
Accredited
Training
Providers
177
51
51
44
37
30
Certified
Firms
4,069
1,167
1,167
1,011
856
700
Certified
Individuals
17,249
4,948
4,948
4,287
3,628
2,969
Total
Number
of
Entities
21,495
6,166
6,166
5,342
4,521
3,699
These
projections
in
turn
were
used
to
produce
estimates
of
activity
in
the
EPAadministered
universe
that
was
assumed
to
occur
because
of
turnover
(
the
exit
of
some
firms
and
individuals
over
time
and
their
replacement
by
others)
and
because
of
the
periodic
need
for
renewal
for
existing
entities.
The
assumption
was
made
that
the
number
of
entities
would
be
constant
over
time
(
except
for
the
movement
of
activities
from
EPA
administration
to
State
or
Tribal
administration),
so
that
each
exiting
entity
would
be
replaced
by
a
corresponding
new
entry.
The
rates
of
exit
and
entry
were
assumed
to
be
as
follows:

2
percent
per
year
for
training
providers
10
percent
per
year
for
certified
firms
30
percent
per
year
for
certified
workers
20
percent
per
year
for
supervisors
and
other
certified
professionals
Those
estimates
of
the
level
of
accredited
and
certified
entities
and
those
estimated
rates
of
turnover
were
then
used
to
produce
these
estimates
of
activity
in
the
EPA
universe:

Type
of
Activity
EPA­
Administered
Universe
Year
1
Year
2
Year
3
Year
4
Year
5
Training
Programs
­­
New
Accreditations
­­
Re­
accreditations
320
0
4
0
4
0
0
0
0
184
Firms
­­
New
Certifications
­­
Certification
Extensions
1,167
0
117
0
101
0
86
624
70
51
Individuals
­­
New
Certifications
­­
Re­
certifications
4,948
0
1,104
0
956
0
809
0
664
692
Totals
6,435
1,225
1,061
1,519
1,661
Data
on
EPA­
Administered
Activities
Those
projections
can
be
compared
to
data
on
the
level
of
activity
actually
observed
by
EPA.
The
data
are
in
a
form
that
is
not
in
exact
alignment
with
the
structure
of
the
projections,
due
to
the
way
the
program
has
been
administrated.
The
program
began
on
March
1,
1999.
EPA
23
subsequently
made
arrangements
to
have
a
contractor
handle
the
program.
That
contractor's
work
began
on
July
1,
1999
and
the
contract
has
been
renewed
annually
since
then.
As
a
result,
data
are
available
on
the
basis
of
contract
years,
spanning
the
period
from
July
1
to
the
following
June
30.
Data
are
also
available
for
the
first
four
months
of
the
program,
from
March
1
to
June
30,
1999.
Data
have
also
been
obtained
for
the
most
recent
six
months,
from
July
1,
2003
to
January
30,
2004.
One
difficulty
with
the
available
data
is
that
individual
certifications
are
not
all
broken
down
by
categories.
The
data
on
observed
activities
in
the
EPA­
administered
universe
are
shown
below:

EPA­
Administered
Activities,
March
1,
1999
through
January
30,
2004
Data
are
from
July
1
of
one
year
to
June
30
of
the
following
year,
unless
otherwise
specified
March
through
June
1999
1999/
2000
2000/
2001
2001/
2002
2002/
2003
July
2003
through
January
2004
New
training
program
accreditations
34
120
50
11
28
7
Training
program
reaccreditations
88
95
New
firm
certifications
1
358
342
242
175
88
Firm
certification
extensions
293
92
New
individual
certifications
21
2,426
2,466
1,801
1,274
689
Individual
re­
certifications
505
511
Totals
56
2,904
2,858
2,054
2,363
1,482
In
comparing
the
initial
projections
to
the
observed
activity,
two
things
are
clear.
There
was
substantially
less
activity
in
the
initial
year
than
was
projected,
and
there
has
been
substantially
more
activity
than
projected
in
the
later
years,
at
least
with
regard
to
first­
time
accreditations
and
certifications.
The
first
point
suggests
either
that
the
steady­
state
number
of
entities
may
be
lower
than
anticipated,
or
that
it
took
more
than
one
year
to
reach
that
anticipated
steady­
state.
The
second
point
suggests
that
the
rates
of
entry
and
exit
are
higher
than
anticipated.
These
observations
are
especially
apparent
with
respect
to
the
entry
rate
of
new
training
providers.
The
number
of
new
training
programs
accredited
over
the
past
thirty
months
is
substantially
higher
than
would
be
expected
based
on
the
projected
total
number
of
training
providers
and
based
on
both
the
projected
and
observed
renewal
rates.
This
strongly
suggests
that
the
number
of
accredited
training
programs
in
EPA­
administered
areas
is
rising,
rather
than
reaching
a
stable
plateau
as
was
assumed
in
earlier
analyses.

Projections
of
EPA­
Administered
Activities
The
evidence
of
the
data
on
the
first
four
or
five
years
of
the
program
shows
that
the
actual
pattern
of
activities
does
not
agree
closely
with
the
initial
projections.
The
procedures
for
24
projecting
future
activities
for
the
purpose
of
this
ICR
are
similar
to
the
methods
in
the
initial
projections,
but
are
based
on
the
observed
data.
The
pattern
of
new
accreditations
and
certifications
will
be
based
on
observations
of
new
activities
over
the
most
recent
thirty
months.
The
pattern
of
renewals
or
extensions
of
accreditations
and
certifications
will
be
based
on
the
number
of
expiring
accreditations
and
certifications,
and
on
the
proportion
of
expiring
accreditations
and
certifications
that
have
been
renewed
in
the
past.
These
means
will
be
used
to
project
EPA­
administered
activities
over
the
six­
month
period
of
February
to
June
2004,
and
then
to
the
three
years
covered
by
this
ICR.

Another
shortcoming
here
is
that
our
projections
do
not
distinguish
among
the
different
categories
of
individual
certifications.
A
later
section
of
the
analysis
will
estimate
the
breakdown
of
the
projected
totals
to
those
professional
categories.

The
method
used
for
new
first­
time
accreditations
and
certifications
is
simply
to
estimate
the
rate
of
these
activities
over
the
last
thirty
months
of
data,
and
then
project
that
future
activities
will
occur
at
that
same
rate.

There
were
a
total
of
46
new
training
accreditations
over
the
last
30
months
of
data,
or
an
average
of
1.53
per
month
or
18.4
per
year.
Based
on
that,
we
project
that
there
will
be
18
new
training
accreditations
each
coming
year.
That
means
there
will
be
11
more
accreditations
in
the
next
six
months
and
then
18
in
each
subsequent
year.

There
were
a
total
of
505
new
firm
certifications
over
the
last
30
months
of
data,
or
an
average
of
16.83
per
month
or
202
per
year.
Based
on
that,
we
project
that
there
will
be
200
new
firm
certifications
each
coming
year.
That
means
there
will
be
112
more
firm
certifications
in
the
next
six
months
and
then
200
in
each
subsequent
year.

There
were
a
total
of
3764
new
individual
certifications
over
the
last
30
months
of
data,
or
an
average
of
125.47
per
month
or
1505.6
per
year.
Based
on
that,
we
project
that
there
will
be
1500
new
individual
certifications
each
coming
year.
That
means
that
there
will
be
811
new
individual
certifications
in
the
next
six
months
and
then
1500
in
each
subsequent
year.

The
projections
of
training
renewals
are
made
by
multiplying
the
rate
of
renewals
that
we
see
to
date
by
the
number
of
expiring
accreditations
and
certifications.

Training
certification
must
be
renewed
every
four
years.
Over
the
past
18
months
we
have
observed
a
total
of
183
training
renewals.
These
renewals
must
be
associated
with
the
training
programs
that
were
accredited
in
the
first
burst
of
activity,
which
would
include
the
first
four
months
of
the
program
and
the
subsequent
two
years.
There
were
a
total
of
204
training
programs
that
were
accredited
in
that
initial
period.
That
suggests
that
183
out
of
204
initial
accreditations
have
been
renewed.
That
represents
a
renewal
rate
of
roughly
90
percent.
There
might
be
some
additional
renewals
in
the
next
six
months,
but
90
percent
is
already
a
high
percentage
and
it
seems
unlikely
that
the
renewal
percentage
could
be
much
higher
than
that.
So
for
the
purposes
of
these
projections
we
assume
a
90
percent
rate
of
training
renewals,
with
no
25
additional
training
renewals
occurring
in
the
next
six
months.
Since
there
were
50
new
training
programs
accredited
in
year
two
of
the
program,
we
project
that
45
(
90
%
of
50)
will
renew
in
year
six
of
the
program.
Similarly,
we
project
10
training
renewals
in
year
seven
(
90%
of
11)
and
104
renewals
in
year
eight
(
90%
of
28
+
88).

Firm
certification
must
be
renewed
every
three
years.
In
the
first
16
months
of
the
program
we
observed
359
new
certifications.
Three
years
later,
in
the
July
2002
to
June
2003
period,
we
have
observed
293
renewals.
That
is
a
renewal
rate
of
81.6
percent.
Therefore
we
estimate
a
renewal
rate
of
82
percent
in
subsequent
periods.
Since
82
percent
of
342
is
280,
we
project
188
renewals
over
the
next
six
months
(
280
­
92).
Since
242
new
firm
certifications
occurred
in
year
3,
we
project
198
renewals
in
year
six.
Since
there
was
a
total
of
468
new
and
renewed
certifications
in
year
four,
we
project
384
firm
renewals
in
year
seven.
Since
we
project
a
total
of
200
new
firm
certifications
and
280
firm
renewals
in
year
five,
we
project
394
firm
renewals
in
year
eight.

Individual
certifications
must
be
renewed
every
three
years
(
unless
they
do
the
5­
year
plan,
which
apparently
has
not
been
utilized).
There
were
2447
individual
certifications
in
the
first
16
months
of
the
program,
and
then
505
renewals
in
the
year
from
July
2002
to
June
2003.
That
suggests
a
renewal
rate
of
about
21
percent.
But
in
only
the
first
six
months
of
the
July
2003
to
June
2004
period
we
already
see
511
renewals
in
comparison
to
2466
individual
certifications
in
year
two
of
the
program.
That
is
a
renewal
rate
of
about
21
percent,
with
just
the
first
six
months
of
renewals.
Either
there
will
be
no
more
individual
renewals
over
the
next
six
months,
or
the
renewal
rate
observed
from
program
year
2000/
2001
to
program
year
2003/
2004
will
be
higher
than
the
rate
from
year
1999/
2000
to
year
2002/
2003.
There
is
no
way
to
know
what
we
will
observe
over
the
next
six
months,
but
it
seems
extreme
to
assume
absolutely
no
more
renewals.
This
analysis
assumes
that
there
will
be
some
additional
renewals,
so
that
the
observed
renewal
rate
in
year
five
will
be
greater
than
observed
in
year
four.
For
the
sake
of
simplicity,
this
analysis
assumes
a
renewal
rate
of
25
percent
for
individual
certifications
for
purposes
of
these
projections.
That
means
that
the
analysis
projects
a
total
of
616
individual
renewals
in
the
period
from
July
2003
to
June
2004
(
25
%
of
2466),
so
that
one
can
expect
to
see
an
additional
105
renewals
in
the
six
months
from
February
to
June
2004
(
616
­
511).
Then
the
analysis
projects
450
individual
renewals
in
the
2004/
2005
year
(
25%
of
1801);
445
renewals
in
the
2005/
2006
year
(
25%
of
1274
+
505);
and
529
renewals
in
the
2006/
2007
year
(
25%
of
1500
+
616).

The
following
table
includes
both
the
data
on
activities
up
through
January
2004
and
projections
from
February
2004
through
June
2007.
26
EPA­
Administered
Accreditation
and
Certification
and
Renewal
Activities
Data
from
March
1999
to
January
2004
and
Projections
from
February
2004
to
June
2007
Data
are
from
July
1
of
one
year
to
June
30
of
the
following
year,
unless
otherwise
noted
.
Data
on
EPA­
Administered
Activities
Projections
of
EPA­
Administered
Activities
March
through
June
1999
1999/
2000
2000/
2001
2001/
2002
2002/
2003
July
2003
through
January
2004
February
2004
through
June
2004
2004/
2005
2005/
2006
2006/
2007
New
training
accreditations
34
120
50
11
28
7
11
18
18
18
Training
renewals
88
95
0
45
10
104
Firm
new
certifications
1
358
342
242
175
88
112
200
200
200
Firm
renewals
293
92
188
198
384
394
New
individual
certifications
21
2,426
2,466
1,801
1,274
689
811
1,500
1,500
1,500
Individual
renewals
505
511
105
450
445
529
Totals
56
2,904
2,858
2,054
2,363
1,482
1,227
2,411
2,557
2,745
These
projections
show
a
substantially
greater
rate
of
activity
than
was
initially
projected,
particularly
in
regard
to
the
high
rate
of
first­
time
accreditations
and
certifications.
In
the
case
of
certifications,
this
probably
reflects
a
higher
rate
of
turnover
rather
than
a
higher
stock
of
certified
firms
and
individuals.
As
discussed
earlier,
the
unexpectedly
high
rate
of
new
training
program
accreditations
in
combination
with
the
high
rate
of
accreditation
renewals
suggests
that
the
number
of
such
programs
is
rising.
The
methods
used
in
making
these
projections
assumes
that
the
trends
of
the
recent
past
continue
over
the
next
few
years.
If
this
assumption
is
incorrect
and
the
number
of
training
programs
reaches
a
plateau,
then
this
analysis
will
have
overestimated
the
burden
associated
with
training
program
accreditations.

It
may
be
helpful
in
understanding
these
projections
to
look
at
the
relationships
between
the
turnover
rate
and
the
renewal
rate
that
would
exist
if
the
total
numbers
of
accredited
and
certified
entities
were
to
remain
constant.
For
example,
if
we
start
with
100
training
providers
who
are
accredited
in
year
one,
and
if
2.5
percent
of
them
leave
the
business
each
year,
then
after
four
years
there
will
be
90
entities
who
remain
in
business
and
therefore
renew
their
accreditation.
This
means
that
a
turnover
rate
of
2.5
percent
per
year
is
consistent
with
a
renewal
rate
of
90
percent.
Through
a
similar
calculation,
we
find
that
a
renewal
rate
of
82
percent
for
certified
firms
is
consistent
with
a
turnover
rate
of
6.4
percent.
This
is
because
93.6%
x
93.6%
93.6%
=
0.82.
Similarly,
a
renewal
rate
of
25
percent
for
certified
individuals
is
consistent
with
a
turnover
rate
of
37
percent
per
year.
We
can
compare
these
turnover
rates
that
have
been
derived
from
the
27
data
on
observed
activities
to
the
turnover
rates
that
were
estimated
in
the
Fees
Rule
EA.
The
comparison
is
not
exact
because
the
Fees
Rule
EA
separately
estimated
the
turnover
rates
for
lead
paint
abatement
workers
and
for
the
other
categories
of
professionals.

Turnover
Rate
Estimates
for
EPA­
Administered
Activities
Estimates
from
the
Fees
Rule
EA
Estimates
Based
on
Observed
Data
1999
to
January
2004
Accredited
training
providers
2
percent
2.5
percent
Certified
firms
10
percent
6.4
percent
Certified
workers
30
percent
37
percent
Other
certified
workers
20
percent
It
is
not
clear
from
the
data
whether
the
assumption
of
a
steady­
state
number
of
accredited
and
certified
entities
is
accurate.
But
in
the
absence
of
better
information,
these
estimates
can
be
used
not
only
in
projections
of
activities
in
the
EPA­
administered
areas,
but
also
in
projections
of
activities
in
State
and
Tribal­
administered
areas.

The
available
data
represent
not
only
the
pattern
of
activities
in
EPA­
administered
areas,
but
also
the
reduction
in
those
activities
due
to
the
transfer
of
some
States
and/
or
Tribes
from
EPA­
administration
to
their
own
programs.
Making
adjustments
to
the
data
to
account
for
the
changing
size
of
the
EPA­
administered
universe
might
improve
the
accuracy
of
the
projection.
But
it
would
be
difficult
to
separate
out
the
portion
of
activity
transferred
from
EPA
to
State
or
Tribal
administration.
For
example,
the
Fees
Rule
EA
estimated
that
by
the
fourth
year
the
number
of
certified
firms
would
fall
by
27
percent
due
to
State
program
approvals.
But
the
renewal
rate
of
firms
observed
in
the
fourth
year
was
81.6
percent.
Those
two
numbers
are
clearly
inconsistent.
For
simplicity
and
in
the
absence
of
a
better
alternative,
this
analysis
disregards
these
changes
in
administration
and
assumes
that
the
scope
of
EPA
administration
is
constant
over
both
the
time
represented
by
the
data
and
the
time
period
of
projections.
It
is
not
clear
how
this
assumption
would
bias
the
estimates
of
the
level
of
activities
under
EPA
administration,
and
thus
our
projections
could
be
either
an
under
or
over
estimate
of
the
burden
and
costs
of
the
program
in
those
areas.

The
methods
for
projecting
EPA­
administered
activities
have
focused
on
the
numbers
of
renewals
and
on
the
numbers
of
new
entries
each
year.
For
some
purposes
in
this
analysis,
it
will
be
helpful
to
also
have
an
estimate
of
the
total
numbers
of
entities
that
are
active
and
accredited
or
certified
in
a
given
year.
These
numbers
can
be
calculated
based
on
the
already
developed
numbers
of
activities
in
conjunction
with
the
estimates
of
the
turnover
rates.
The
method
for
these
calculations
starts
with
the
numbers
in
the
first­
year
cohorts
that
have
already
been
identified
in
the
data
(
through
January
2004)
or
projected.
The
size
of
these
cohorts
is
then
tracked
over
time
based
on
the
estimated
turnover
rates.
28
The
method
proceeds
in
the
manner
illustrated
in
this
example.
The
first­
year
cohort
of
certified
firms
in
the
year
July
2003
to
June
2004
consists
of
the
number
of
firms
that
either
renew
their
certifications
or
are
certified
for
the
first
time.
From
the
earlier
table
the
number
of
newly
certified
firms
in
that
year
is
estimated
to
be
200
and
the
number
of
renewals
is
estimated
to
be
280,
for
a
total
cohort
size
of
480
certified
firms.
The
turnover
rate
for
firms
is
estimated
to
be
6.4
percent.
We
then
calculate
the
size
of
that
cohort
in
2004/
2005
will
be
449
(
480
­
31),
and
during
that
year
that
group
will
be
the
second­
year
cohort.
In
2005/
2006
it
will
be
the
third­
year
cohort
and
will
include
420
firms
(
449
­
29).
The
firms
in
the
third­
year
cohort
will
be
due
for
renewal
of
their
certifications,
so
in
the
following
year
(
2006/
2007)
the
firms
that
do
renew
will
be
a
part
of
the
first­
year
cohort.

Estimated
Numbers
of
Certified
Firms
in
EPA­
Administered
Areas
(
turnover
rate
of
6.4
%,
fractions
in
overall
totals
only
rounded
to
whole­
numbers)

First­
year
numbers
taken
from
earlier
table
2002/
2003
2003/
2004
2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
175
200
200
200
200
Renewed
293
280
198
384
394
First­
year
totals
468
480
398
584
594
Second­
year
cohort
­
­
438.05
449.28
372.53
546.62
Third­
year
cohort
­
­
­
­
410.01
420.53
348.69
Total
n/
a
n/
a
1,257
1,377
1,489
For
clarity
in
subsequent
calculations,
the
numbers
of
projected
certified
firms
are
rounded
to
whole
numbers,
and
cohort
numbers
are
adjusted
if
necessary
to
preserve
the
overall
totals.

Estimated
Numbers
of
Certified
Firms
in
EPA­
Administered
Areas
(
all
fractions
rounded
to
whole­
numbers
and
adjusted
to
preserve
totals)

2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
200
200
200
Renewed
198
384
394
First­
year
totals
398
584
594
Second­
year
cohort
449
372
546
Third­
year
cohort
410
421
349
Total
1,257
1,377
1,489
29
Estimated
Numbers
of
Accredited
Training
Providers
in
EPA­
Administered
Areas
(
turnover
rate
of
2.5
%,
fractions
in
overall
totals
only
rounded
to
whole­
numbers)

First­
year
numbers
taken
from
earlier
table
2001/
2002
2002/
2003
2003/
2004
2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
11
28
18
18
18
18
Renewed
0
88
95
45
10
104
First­
year
totals
11
116
113
63
28
122
Second­
year
cohort
­
­
8.25
87.00
84.75
47.25
21.00
Third­
year
cohort
­
­
­
­
6.19
65.25
63.56
35.44
Fourth­
year
cohort
­
­
­
­
­
­
4.64
48.94
47.67
Overall
totals
n/
a
n/
a
n/
a
218
188
226
For
clarity
in
subsequent
calculations,
the
numbers
of
projected
accredited
training
providers
are
rounded
to
whole
numbers.

Estimated
Numbers
of
Accredited
Training
Providers
in
EPA­
Administered
Areas
(
all
fractions
rounded
to
whole­
numbers)

2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
18
18
18
Renewed
45
10
104
First­
year
totals
63
28
122
Second­
year
cohort
85
47
21
Third­
year
cohort
65
64
35
Fourth­
year
cohort
5
49
48
Overall
totals
218
188
226
30
Estimated
Numbers
of
Certified
Individuals
in
EPA­
Administered
Areas
(
turnover
rate
of
37
%,
fractions
in
overall
totals
only
rounded
to
whole­
numbers)

First­
year
numbers
taken
from
earlier
table
2002/
2003
2003/
2004
2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
1,274
1,500
1,500
1,500
1,500
Renewed
505
616
450
445
529
First­
year
totals
1,779
2,116
1,950
1,945
2,029
Second­
year
cohort
­
­
1,120.77
1,333.08
1,228.50
1,225.35
Third­
year
cohort
­
­
­
­
706.09
839.84
773.95
Total
n/
a
n/
a
3,989
4,013
4,028
For
clarity
in
subsequent
calculations,
the
numbers
of
projected
certified
individuals
are
rounded
to
whole
numbers,
and
then
cohort
numbers
are
adjusted
if
necessary
to
preserve
the
overall
totals.

Estimated
Numbers
of
Certified
Individuals
in
EPA­
Administered
Areas
(
all
fractions
rounded
to
whole­
numbers
and
adjusted
to
preserve
totals)

2004/
2005
2005/
2006
2006/
2007
First­
year
cohort
New
1,500
1,500
1,500
Renewed
450
445
529
First­
year
totals
1,950
1,945
2,029
Second­
year
cohort
1,333
1,228
1,225
Third­
year
cohort
706
840
774
Total
3,989
4,013
4,028
It
may
be
interesting
to
compare
these
projections
to
the
estimates
that
were
included
in
prior
analyses.
The
Fees
Rule
EA
provided
estimates
of
the
numbers
of
entities
in
the
fifth
year
of
the
program.
The
following
table
reproduces
those
numbers
next
to
the
estimates
above.
3
U.
S.
EPA.
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
February
26,
1999.

31
Comparison
of
Estimates
of
Numbers
of
Accredited
or
Certified
Entities
Previous
estimate
from
1999
Fees
Rule
EA
Estimates
used
in
this
analysis
2004/
2005
2005/
2006
2006/
2007
Accredited
training
providers
30
218
188
226
Certified
firms
700
1,257
1,377
1,489
Certified
individuals
2,969
3,989
4,013
4,028
Total
number
of
entities
3,699
5,464
5,578
5,743
It
is
apparent
from
this
table
that
the
estimates
made
in
this
analysis
suggest
a
much
larger
number
of
entities
in
the
EPA­
administered
areas
than
were
projected
in
the
earlier
analysis.
In
particular,
the
predicted
number
of
certified
firms
is
much
larger,
and
the
predicted
number
of
accredited
training
programs
is
very
much
larger.
There
is
little
reason
to
doubt
the
current
estimates
and
to
prefer
the
1999
estimates,
since
we
know
from
the
data
on
activities
that
a
total
of
218
training
providers
has
either
been
accredited
or
renewed
their
accreditation
in
the
last
eighteen
months,
in
comparison
to
the
1999
estimate
of
a
total
of
30
training
providers
under
EPA
administration.

Projections
of
State
and
Tribal­
Administered
Activities
The
projections
for
EPA­
administered
areas
in
this
analysis
draw
on
data
available
to
the
Agency
on
the
pattern
of
activities
observed
in
those
areas
over
the
past
five
years.
Those
data
were
used
not
only
to
estimate
the
number
of
accredited
and
certified
entities,
but
also
the
yearto
year
pattern
of
new
entry,
exit,
and
renewals
of
accreditations
and
certifications.

EPA
does
not
have
similar
data
from
the
State
and
Tribal
programs.
In
the
Fees
Rule
Economic
Analysis3,
EPA
estimated
the
numbers
of
entities
and
activities
in
non­
EPA
areas
based
on
estimates
of
the
number
of
States
and
Tribes
that
would
be
approved
to
manage
their
own
programs,
estimates
of
the
number
of
housing
units
with
damaged
lead­
based
paint
in
those
areas,
and
the
estimated
relationship
between
those
housing
numbers
and
the
number
of
abatement
firms
and
workers.
The
Fees
Rule
EA
included
estimates
for
the
total
number
of
accredited
and
certified
entities
in
the
entire
U.
S.
It
also
assumed
that
this
numbers
would
be
constant
over
time.
The
share
of
those
totals
under
EPA
administration
was
expected
to
diminish
over
time
as
more
State
programs
were
approved.
As
the
totals
under
EPA
administration
declined,
similar
totals
in
State
and
Tribal
areas
would
increase.

The
Fees
Rule
EA
estimated
that
number
of
State­
approved
programs
would
reach
39
in
year
five
of
the
program.
As
of
January
2004,
there
are
39
authorized
State
programs
and
three
32
authorized
Tribal
programs.
These
numbers
are
sufficiently
close
to
the
earlier
estimate
that,
in
the
absence
of
any
additional
information,
this
analysis
will
use
those
year
five
estimates
for
the
number
of
accredited
and
certified
entities
in
the
non­
EPA
areas.
The
information
available
to
the
Agency
on
the
pattern
of
activities
in
EPA­
administered
areas
is
used
in
conjunction
with
the
previous
estimates
of
the
number
of
entities
to
project
the
pattern
of
activities
in
the
State
and
Tribal­
administered
areas
over
the
next
three
years.
Thus,
while
the
method
of
projection
in
the
non­
EPA
areas
is
quite
different
from
the
method
used
for
the
EPA
areas,
this
non­
EPA
area
method
has
relied
as
much
as
possible
on
the
same
data
that
were
used
to
project
activities
in
the
EPA
areas.

Estimates
of
the
Total
Numbers
of
Accredited
and
Certified
Entities
in
Year
Five
of
the
Program
from
the
1999
Fees
Rule
EA
Type
of
Entity
National
Universe
EPA­
Administered
Non­
EPA­
Administered
Accredited
Training
Providers
177
30
147
Certified
Firms
4,069
700
3,369
Certified
Individuals
17,249
2,969
14,280
Total
Number
of
Entities
21,495
3,699
17,796
For
the
numbers
of
accredited
and
certified
entities
to
be
constant,
the
numbers
of
new
entries
must
equal
the
number
of
exits.
In
addition,
the
number
of
renewals
should
equal
the
total
number
of
new
and
renewing
entities
either
three
or
four
years
earlier,
adjusted
downward
to
reflect
the
number
of
exiting
entities
from
that
cohort.
The
projection
method
used
to
estimate
future
activities
in
State
and
Tribal­
administered
areas
is
based
on
the
mathematical
relationships
defined
by
those
two
conditions.
A
short
explanation
of
the
mathematical
derivation
follows.

Assume
that
some
constant
fraction
of
entities
leaves
the
business
and
drops
out
from
each
cohort
each
year.
That
is
the
turnover
rate.
Let
that
fraction
equal
 .
Then
the
fraction
that
remain
in
the
business
is
1
­
 .
Define
 
=
1
­
 
as
the
retention
rate.
Now
let
the
total
number
of
entities
be
at
a
steady
state,
constant
from
period
to
period,
with
a
total
of
T
entities.
So
in
any
given
cycle
we
find
that
 T
entities
drop
out,
and
there
will
be
 T
new
entities
to
replace
them,
as
well
as
 T
that
remain
in
business.

Assume
that
each
cohort
must
renew
their
certification
after
three
years,
if
they
have
not
dropped
out
of
the
business.
Define
each
cohort
by
the
number
of
years
remaining
before
they
need
to
be
recertified.
The
largest
cohort
will
include
some
entities
that
have
just
been
certified
for
the
first
time
and
some
other
entities
that
have
just
renewed
their
certification.
As
each
year
passes
these
two
groups
progress
together
in
the
same
cohort.
In
this
way,
each
cohort
will
be
a
mixture
of
firms
that
entered
the
business
in
different
cycles,
but
all
will
have
the
same
number
of
years
remaining
before
they
need
to
renew
their
certification.
33
The
largest
cohort
will
include
entities
who
have
just
been
accredited
for
the
first
time
and
entities
who
have
just
renewed
their
accreditation.
Both
groups
will
have
three
years
till
they
need
recertification.
Call
this
group
"
A,"
and
let
the
term
A
also
represent
the
number
of
entities
in
that
cohort.
Since
the
population
is
in
a
steady
state,
there
will
be
a
cohort
"
A"
in
every
period
that
is
the
same
size.
In
the
following
period
the
cohort
will
be
reduced
by
attrition
to
a
size
 A.
Call
this
second­
year
cohort
B,
and
again
let
the
term
B
also
represent
the
number
of
entities
remaining
in
that
cohort
in
the
second
year,
so
that
B
=
 A.
Then
the
third­
year
cohort
(
referred
to
as
"
C")
will
again
be
reduced
by
attrition
by
the
factor
 ,
so
that
C
=
 B
=
 
2A.
The
total
is
simply
the
sum
of
the
cohorts,
so
that
T
=
A
+
B
+
C,
or
T
=
A
(
1
+
 
+
 
2).
In
other
words,
A
=
T/(
1
+
 
+
 
2).
For
a
given
retention
rate
 
and
a
given
total
number
of
entities
T,
we
can
now
calculate
the
size
of
each
of
the
cohorts.
In
addition,
we
can
project
that
 C
will
be
the
portion
of
entities
that
renew
their
accreditation
each
period.
Since
A
is
the
cohort
that
is
either
new
or
has
renewed
their
certification,
we
know
that
the
number
of
new
entities
each
period
will
be
A
­
 C.
But
we
know
that
C
=
 
2A,
so
that
the
number
of
new
entities
in
any
period
will
be
A
(
1
­
 
3).
This
allows
us
to
project
both
the
number
of
new
entities
and
the
number
of
renewals
each
period,
based
on
our
estimate
of
the
turn­
over
rate
and
the
steady­
state
number
of
entities.

The
calculation
process
can
be
summarized
in
three
equations:

2
T
First­
year
cohort
=
A
=
1
 
 
+
+

3
2
1
New
certifications
per
year
=
T
1
 
 
 


 


+
+


3
2
Certification
renewals
per
year
=
T
1
 
 
 




+
+


This
process
must
be
modified
to
project
the
number
of
newly
accredited
training
programs
and
the
number
of
program
accreditation
renewals
each
period.
The
training
programs
need
to
be
re­
accredited
every
four
years
rather
than
three,
resulting
in
slightly
different
equations.

4
2
3
1
New
training
providers
per
year
=
T
1
 
 
 
 


 


+
+
+


4
2
4
Training
program
reaccreditations
per
year
=
T
1
 
 
 
 




+
+
+


34
In
estimating
the
number
of
activities
in
the
non­
EPA
universe,
we
use
the
previous
estimates
from
the
Fees
Rule
EA
to
get
estimates
of
the
total
number
of
entities
in
each
group.
The
Fees
Rule
estimated
a
growth
in
the
State
and
Tribal­
administered
programs,
and
the
fifth
year
data
best
reflect
the
current
number
of
approved
programs.

Numbers
of
Entities
in
the
Non­
EPA
Universe,
as
Estimated
in
the
Fees
Rule
EA
Year
1
Year
2
Year
3
Year
4
Year
5
Accredited
Training
Providers
126
126
133
140
147
Certified
Firms
2902
2902
3058
3213
3369
Certified
Individuals
12301
12301
12962
13621
14280
Total
Number
of
Entities
15329
15329
16153
16974
17796
We
use
the
fifth­
year
estimates
of
numbers
of
entities,
and
the
turn­
over
rates
estimated
from
the
EPA
universe
data.
These
data
and
formulas
yield
the
following
projections:

Projections
of
Activities
in
the
Non­
EPA
Universe
Training
providers
renew
after
4
years;
certified
entities
renew
after
3
years
Total
number
of
entities
3
or
4
year
renewal
rate
Annual
turnover
rate
(
 )
Annual
retention
rate
(
 )
Annual
number
of
new
entities
Annual
number
of
renewals
Training
providers
147
90
%
2.6
%
97.4
%
4
34
Firms
3,369
82
%
6.4
%
93.6
%
216
982
Individuals
14,280
25
%
37.0
%
63.0
%
5,284
1,761
These
are
the
estimated
annual
numbers
of
activities
in
the
non­
EPA
universe
that
will
be
used
in
this
analysis.
Since
it
is
expected
that
a
large
proportion
of
accredited
and
certified
entities
entered
the
program
within
the
first
year
or
two,
the
actual
pattern
of
new
and
renewal
actions
probably
varies
substantially
from
year
to
year.
But
the
numbers
generated
in
this
steadystate
analysis
are
expected
to
be
a
good
representation
of
the
average
level
of
activity
over
time.

The
formulas
that
were
used
in
deriving
those
projections
can
also
be
used
to
divide
the
total
numbers
of
accredited
and
certified
entities
into
year­
class
cohorts.

Estimates
of
the
Numbers
of
Accredited
and
Certified
Entities
in
Non­
EPA­
Administered
Areas
by
Year­
Class
Cohorts
(
rounded
to
whole
numbers
so
that
totals
agree)

Type
of
Entity
Totals
Year
1
Year
2
Year
3
Year
4
4
Personal
Communication,
Doreen
Cantor,
National
Program
Chemicals
Division,
EPA.

35
Accredited
Training
Providers
147
38
37
36
36
Certified
Firms
3,369
1,198
1,121
1,050
n/
a
Certified
Individuals
14,280
7,045
4,439
2,796
n/
a
Proportions
of
Certified
Individuals
The
projections
above
do
not
distinguish
among
the
the
five
professional
classifications
for
which
EPA
provides
certification.
A
time­
series
break
down
of
all
the
data
on
activities
by
discipline
was
not
available.
However,
we
do
have
data
on
5815
certifications
and
renewals
by
discipline4.
We
assume
that
all
individual
certification
and
renewal
activity
is
divided
among
these
disciplines
in
the
same
proportions
as
in
that
set
of
5815
activities.
We
expect
that
the
renewal
rate
for
abatement
workers
will
be
lower
than
for
the
other
professions,
and
that
consequently
the
estimates
will
be
biased.
The
number
of
renewals
by
abatement
workers
will
be
overestimated
and
the
number
of
first­
time
certifications
for
abatement
workers
will
be
underestimated.
Conversely,
the
number
of
renewals
by
the
other
categories
will
be
underestimated
and
the
number
of
first­
time
certifications
for
the
other
categories
will
be
overestimated.
The
estimates
of
burden
hours
per
individual
differ
across
professions,
but
the
burden
hours
per
individual
are
the
same
for
first­
time
and
renewals,
so
on
balance
the
biases
in
estimates
produced
with
this
approach
will
cancel
out
and
produce
an
estimate
of
the
total
burden
hours
and
costs
that
is
more
accurate
than
the
estimates
broken
down
by
categories.

Numbers
and
Proportions
of
Certification
Activities
by
Discipline
National
Universe
of
Certified
Individuals
as
Estimated
in
the
Fees
Rule
EA
Observed
Numbers
of
Certifications
and
Renewals
in
the
Available
Data
(
Under
EPA
Administration)

Discipline
Numbers
Proportions
Numbers
Proportions
Inspectors
5,175
30.0
%
688
11.8
%

Risk
Assessors
4,140
24.0
%
1,287
22.1
%

Supervisors
3,795
22.0
%
1,299
22.3
%

Workers
3,967
23.0
%
2,462
42.4
%

Project
Designers
172
1.0
%
76
1.4
%

As
seen
in
that
table,
the
proportions
of
risk
assessors,
supervisors
and
project
designers
observed
in
the
data
are
very
close
to
those
predicted
in
the
Fees
Rule
EA.
However,
we
see
a
substantially
smaller
proportion
of
inspectors
and
a
much
larger
proportion
of
workers
in
the
data.
36
The
proportions
that
we
obtained
from
the
available
data,
broken
down
by
discipline,
can
be
combined
with
previous
estimates
of
individual
accreditation
activities
to
give
estimates
of
activities
by
year
and
by
discipline.

Numbers
of
Certification
Activities
by
Discipline
and
by
Year
(
estimates
rounded
to
whole
numbers
so
that
totals
agree)

EPA­
Administered
Areas
State
and
Tribal
Areas
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
New
inspectors
177
177
177
624
624
624
Inspector
renewals
53
53
63
208
208
208
New
risk
assessors
331
331
331
1168
1168
1168
Risk
assessor
renewals
100
98
117
389
389
389
New
supervisors
335
335
335
1178
1178
1178
Supervisor
renewals
100
99
118
393
393
393
New
abatement
workers
636
636
636
2240
2240
2240
Abatement
workers
renewals
191
189
224
747
747
747
New
project
designers
21
21
21
74
74
74
Project
designer
renewals
6
6
7
24
24
24
Training
Providers
Initial
Accreditation
A
training
program
may
seek
accreditation
to
offer
courses
in
any
of
the
following
disciplines:
inspector,
risk
assessor,
project
designer,
supervisor,
or
worker.
However,
before
training
providers
can
apply
for
accreditation,
they
must
familiarize
themselves
with
the
specific
requirements
of
the
rule,
as
well
as
compare
the
contents
of
their
current
training
courses
(
if
any)
to
the
requirements
specified
in
the
rule.
Included
in
this
burden
estimate
is
the
managerial
time
spent
in
deciding
if
the
training
provider
should
offer
lead­
based
paint
training.
Based
on
estimates
provided
in
the
Regulatory
Impact
Analysis
of
the
Interim
Rule
to
Revise
the
Asbestos
Model
Accreditation
Plan
(
MAP)
(
EPA,
1993),
this
analysis
assumes
a
total
burden
of
8
hours
associated
with
rule
familiarization
and
determination
of
applicability.

If
the
training
provider
decides
to
apply
for
accreditation,
an
application
must
be
submitted
to
EPA
containing
the
following
information:
37

the
training
provider's
name,
address,
and
telephone
number,


a
list
of
courses
for
which
it
is
applying
for
accreditation,


a
statement
signed
by
the
training
program
manager
that
clearly
indicates
how
the
training
program
meets
the
minimum
requirement
for
accreditation,
or
a
statement
that
indicates
that
the
training
program
will
use
the
EPA­
developed
curriculum
if
available,


a
copy
of
the
course
test
blueprint,
a
description
of
the
activities
and
procedures
for
conducting
the
assessment
of
hands­
on
skills,
and
a
description
of
the
facilities
and
equipment
for
lecture
and
hands
on
training,
and

a
quality
control
plan,
which
outlines
procedures
for
periodic
revision
of
training
materials
and
exams
and
annual
reviews
of
instructors.

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

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

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


the
training
provider's
name,
address,
and
telephone
number,


a
list
of
courses
for
which
it
is
applying
for
re­
accreditation,


a
description
of
any
changes
or
updates
to
the
training
facility,
equipment,
or
course
materials
that
would
adversely
affect
the
students'
ability
to
learn,
38

a
statement
signed
by
the
program
manager
certifying
that
the
program
complies
with
all
of
the
requirements
of
this
rule
including
recordkeeping
and
reporting
requirements.

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

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


qualifications
of
the
training
manager
and
principal
instructors,


curriculum/
course
materials,
and
documents
reflecting
any
changes
made
to
these
materials,


course
test
blueprint,


hands­
on
skills
assessment
methodology,


quality
control
plan,


student
files
(
including
hands­
on
skills
assessments,
course
test
results),
and

any
other
materials
that
were
submitted
to
the
EPA
as
part
of
the
program's
application
for
accreditation.

These
reports
must
be
held
for
a
minimum
period
of
three
and
one­
half
years.
Chapter
9
of
the
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis
estimates
that,
in
total,
training
provider
records
will
be
11
pages
plus
two
pages
for
each
of
their
students.
The
filing
burden
is
calculated
as
a
per
report/
file
burden,
and
is
not
affected
by
the
number
of
pages
in
the
report;
the
number
of
pages
only
affects
the
cost
of
materials.
Therefore,
the
recordkeeping
burden
estimates
for
training
providers
include
labor
associated
with
the
filing
and
maintenance
of
the
records
only
(
one
hour
of
clerical
time).

This
analysis
estimates
the
burden
for
all
training
providers
in
the
year
2004/
2005
to
be
413
hours
for
training
providers
in
State­
administered
programs
and
916
hours
for
training
providers
in
EPA­
administered
programs.
The
total
reporting
and
recordkeeping
burden
for
all
training
providers
in
year
2004/
2005
is
estimated
to
be
1,329
hours.
Similarly,
the
burden
for
all
training
providers
in
the
year
2005/
2006
is
413
hours
in
State
programs
and
703
hours
under
EPA
administration,
for
a
total
of
1,116
hours.
The
burden
for
training
providers
in
2006/
2007
is
413
39
hours
in
State
programs
and
1,241
hours
under
EPA
administration,
for
a
total
of
1,654
hours.
These
estimates
all
assume
that
the
burden
per
entity
and
per
activity
is
the
same
in
both
EPA
and
State­
administered
programs,
so
that
the
burden
in
any
area
for
a
given
year
depends
only
on
the
estimated
numbers
of
entities
and
activities
in
that
area
for
that
year.
Exhibit
6.1.
below
summarizes
the
burden
of
the
reporting
and
annual
recordkeeping
requirements
for
training
providers.

Exhibit
6.1.
Training
Providers:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
Element
Professional
Hours
Clerical
Hours
Burden
Hours
Per
Training
Provider
Accreditation
Rule
Familiarization
8.00
0.00
8.00
Accreditation
Statement
7.60
2.00
9.60
Quality
Control
Plan
8.00
2.00
10.00
Annual
Burden
Recordkeeping
0.00
0.81
0.81
Reaccreditation
Burden
(
In
Addition
to
the
Annual
Burden)
Re­
accreditation
3.80
1.00
4.80
Audit*
0.20
0.40
0.60
Burden
Per
Training
Provider
Year
of
Initial
Accreditation
28.41
Second,
Third,
and
Fourth
Year
of
Operation
0.81
Year
of
Accreditation
Renewal
6.21
Training
Providers
Per
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
New
Accreditations
4
4
4
18
18
18
Second
Year
Cohort
37
37
37
85
47
21
Third
Year
Cohort
36
36
36
65
64
35
Fourth
Year
Cohort
36
36
36
5
49
48
Accreditation
renewals
34
34
34
45
10
104
Burden
Per
Year
State­
Administered
Entities
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Burden
in
Hours
413
413
413
916
703
1241
Burden
Summary
Per
Year
2004/
2005
2005/
2006
2006/
2007
Total
Burden
in
Hours
1329
1116
1654
*
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited.
Estimates
of
burden
hours
per
event
taken
from
the
Fees
Rule
EA
and
the
previous
ICR
renewal.

Firms
Performing
Lead­
based
Paint
Activities
Initial
Certification
40
In
order
to
perform
the
lead­
based
paint
activities
that
are
regulated
under
sections
402(
a)
and
404,
firms
performing
lead­
based
paint
activities,
such
as
inspections
and
abatements,
are
required
to
seek
certification
from
the
approving
authority.
Similar
to
training
providers,
these
firms
must
first
familiarize
themselves
with
the
specific
requirements
of
the
rule.
They
must
also
determine
if
it
is
profitable
to
enter
the
market
for
lead­
based
paint
activities.
This
analysis
assumes
that
it
will
take
only
6
hours
for
firms,
as
opposed
to
8
hours
for
training
providers,
for
rule
familiarization
because
firms
do
not
need
to
compare
and
contrast
as
much
information.
If
a
firm
decides
to
enter
the
market,
a
certification
letter
must
be
sent
to
the
approving
authority
indicating
that
the
firm
will
follow
the
standards
set
forth
in
the
rule
and
will
employ
only
certified
employees.
The
cost
of
certifying
individuals
is
discussed
in
a
later
section.
The
professional
burden
estimate
of
one
hour
and
the
clerical
burden
estimate
of
0.5
hours
for
initial
certification
are
taken
from
Chapter
9
of
TSCA
Title
IV
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis.

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


inspection
report
describing
the
areas
inspected
and
the
results
of
the
inspection,


risk
assessment/
lead
hazard
screen
report,
which
includes
the
sampling
results
and
the
associated
hazards,


occupant
protection
plan
identifying
the
areas
requiring
abatement
and
the
methods
that
will
be
employed
to
remediate
the
hazard
and
protect
workers,
and

abatement
report
detailing
the
activities
undertaken
to
eliminate
the
hazard.

This
analysis
adopts
the
estimates
of
events
per
firm
developed
in
the
previous
ICRs.
The
total
numbers
of
events
are
calculated
by
multiplying
those
numbers
of
events
per
firm
by
the
number
of
firms
estimated
in
this
ICR.
The
estimates
for
the
burden
per
event
and
burden
per
firm
are
those
developed
in
the
previous
ICRs.

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

The
burden
of
completing
the
reports
mentioned
above
varies
by
report
and
is
indicated
in
Exhibit
6.2.
The
reporting
burden
estimates
include
the
time
associated
with
collecting
the
information
needed
to
complete
the
reports.
In
the
upper
portions
of
that
exhibit,
the
professional
41
burden
per
firm
is
the
reporting
burden
per
event
multiplied
by
the
estimated
average
number
of
each
particular
event
per
firm.
Similarly,
the
clerical
burden
per
firm
is
the
recordkeeping
burden
per
report
multiplied
by
the
number
of
events
per
firm.
The
burden
hours
per
firm
is
then
the
sum
of
the
profession
and
clerical
burdens.

This
analysis
estimates
the
total
reporting
and
recordkeeping
burden
to
all
firms
in
year
2004/
2005
to
be
374,519
hours.
The
burden
for
2005/
2006
is
estimated
at
383,384
hours,
and
for
2006/
2007
to
be
392,563
hours.
In
each
year
the
share
of
that
burden
in
EPA­
administered
areas
is
about
30
percent
of
the
total,
with
70
percent
in
non­
EPA­
administered
areas.
Exhibit
6.2.
below
summarizes
the
burden
of
the
reporting
and
annual
recordkeeping
requirements
to
firms.

Exhibit
6.2.
Firms:
Reporting
and
Recordkeeping
Burden
Estimates
Category
Number
of
Events
per
Firm
Reporting
Burden
per
Event
Professional
Burden
per
Firm
Recordkeeping
Burden
Per
Report
Clerical
Burden
per
Firm
Burden
Hours
Per
Firm
Certification
Rule
familiarization
1.00
6.00
6.00
0.000
0.000
6.00
Certification
letter
1.00
1.5*
1.50
0.008
0.008
1.51
*
Includes
0.5
hours
clerical
time.

Target
Housing
(
including
soil
abatements)
Risk
assessment
and
lead
hazard
screen
reports
16.11
1.86
29.96
0.008
0.134
30.09
Pre­
abatement
notifications
4.51
0.50
2.25
0.008
0.037
2.29
Occupant
protection
plan
13.97
1.00
13.97
0.008
0.116
14.08
Post­
abatement
reports
13.97
2.00
27.94
0.008
0.000
27.94
Child­
Occupied
Facilities
(
including
soil
abatements)
Risk
assessment
reports
0.12
1.09
0.14
0.008
0.001
0.14
Pre­
abatement
notifications
0.12
0.50
0.06
0.008
0.001
0.06
Occupant
protection
plan
0.12
1.00
0.12
0.008
0.001
0.13
Post­
abatement
reports
0.12
2.00
0.25
0.008
0.001
0.25
Burden
per
Firm
Firms
in
year
of
initial
certification
82.49
Firms
in
second­
year
cohort
74.98
Firms
in
third­
year
cohort
74.98
Firms
in
year
of
recertification
76.49
42
Firms
per
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Initial
certification
year
216
216
216
200
200
200
Second
year
cohort
1121
1121
1121
449
373
547
Third
year
cohort
1050
1050
1050
410
421
349
Re­
certifying
firms
982
982
982
198
384
394
Burden
per
Year
State­
Administered
Entities
EPA­
Administered
Entities
Burden
in
hours
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Initial
certification
year
17,818
17,818
17,818
16,498
16,498
16,498
Second
year
cohort
84,053
84,053
84,053
33,666
27,968
41,014
Third
year
cohort
78,729
78,729
78,729
30,742
31,567
26,168
Re­
certifying
firms
75,113
75,113
75,113
15,145
29,372
30,137
Total
burden
per
year
255,713
255,713
255,713
96,051
105,405
113,817
Burden
Summary
by
Year
2004/
2005
2005/
2006
2006/
2007
Total
Burden
in
hours
351,764
361,118
369,530
43
Individual
Abatement
Professionals
Burden
Initial
Certification
In
order
to
become
certified
to
perform
lead
abatement
activities,
individuals
must
apply
to
the
certifying
authority.
The
reporting
requirements
for
certification
are
the
same
for
inspectors,
risk
assessors,
and
supervisors;
and
for
workers
and
project
designers.
Certifications
are
generally
valid
for
a
period
of
three
years.
In
the
fourth
year,
individuals
trained
in
the
first
year
who
are
still
active
will
need
to
take
refresher
training
and
get
recertified.
The
time
associated
with
re­
certification
is
the
same
as
initial
certification.

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


completion
of
a
training
course,


passing
the
course
test,


meeting
the
educational
and/
or
experience
requirements
(
if
applicable),
and

passing
the
third
party
exam.

It
is
estimated
that
it
will
take
one
hour
to
gather
and
send
these
documents
per
individual.

The
requirements
for
project
designers
and
workers
include
proof
of:


completion
of
a
training
course,
and

meeting
the
educational
and/
or
experience
requirement
(
if
applicable)

It
is
estimated
that
it
will
take
one­
half
hour
to
gather
and
send
this
document
per
individual.

This
analysis
estimates
the
total
reporting
and
recordkeeping
burden
to
all
certified
individuals
in
each
year
covered
by
this
ICR
to
be
about
7,000
hours.
Approximately
20
percent
of
this
total
burden
is
incurred
by
individuals
in
EPA­
administered
programs.
Exhibit
6.3.
details
the
total
reporting
and
recordkeeping
burden
to
the
individual
subgroups
(
e.
g.
inspectors,
risk
assessors,
and
workers)
and
summarizes
the
individual
burden.
44
Exhibit
6.3.
Individual:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
per
Individual
Inspectors,
Risk
Assessors,
and
Supervisors
Workers
and
Project
Designers
Year
of
Initial
Certification
1.0
0.5
Second
and
Third
Year
of
Operation
0.0
0.0
Year
of
Certification
Renewal
1.0
0.5
Individuals
per
Calender
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Inspectors
Initial
certification
624
624
624
177
177
177
Year
2
cohort
524
524
524
157
145
145
Year
3
cohort
330
330
330
83
99
91
Certification
renewal
208
208
208
53
53
63
Risk
Assessors
Initial
certification
1,168
1,168
1,168
331
331
331
Year
2
cohort
981
981
981
295
272
271
Year
3
cohort
618
618
618
156
186
171
Certification
renewal
389
389
389
100
98
117
Supervisors
Initial
certification
1,178
1,178
1,178
335
335
335
Year
2
cohort
990
990
990
297
274
273
Year
3
cohort
624
624
624
157
187
173
Certification
renewal
393
393
393
100
99
118
Workers
Initial
certification
2,240
2,240
2,240
636
636
636
Year
2
cohort
1,882
1,882
1,882
565
521
520
Year
3
cohort
1,186
1,186
1,186
299
356
328
Certification
renewal
747
747
747
191
189
224
Project
Designers
Initial
certification
74
74
74
21
21
21
Year
2
cohort
62
62
62
19
17
17
Year
3
cohort
39
39
39
10
12
11
Certification
renewal
24
24
24
6
6
7
Burden
per
Year
2004/
2005
2005/
2006
2006/
2007
Inspectors
1062
1062
1072
Risk
Assessors
1988
1986
2005
Supervisors
2006
2005
2024
Workers
1907
1906
1923.5
Project
Designers
62.5
62.5
63
Total
Individual
Burden
in
Hours
7025.5
7021.5
7087.5
45
State
Burden
Initial
Authorization
As
of
January
2004
there
are
39
authorized
State
programs
and
three
authorized
Tribal
programs.
This
analysis
assumes
that
no
additional
States
or
Tribes
will
request
authorization
during
the
period
covered
by
this
ICR.
Based
on
this
assumption,
any
burden
associated
with
obtaining
authorization
has
already
been
incurred.
While
additional
States
may
seek
authorization
in
the
future,
information
is
not
available
at
this
time
upon
which
to
estimate
how
many
and
which
States
may
seek
authorization.
Thus,
the
number
of
entities
to
be
administered
in
these
States
is
also
not
known.

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

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

°
Application
processing
and
recordkeeping
°
Certification
exam
processing
and
recordkeeping
°
Training
course
audits
°
Fee
transactions
and
waivers
°
Issuance
of
certification
documents
°
Public
assistance/
outreach
°
Reporting
(
to
overseeing
agencies)
°
Other
management
This
analysis
multiplied
these
State­
level
survey
data
burden
hours
by
the
number
of
Stateadministered
training
providers,
firms,
and
individuals
found
in
the
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
in
order
to
estimate
the
total
burden
to
all
States
of
administering
training
providers,
firms,
and
individuals.

The
total
reporting
and
recordkeeping
burden
to
all
States
with
authorized
programs
is
estimated
to
be
48,813
hours
in
each
year
covered
by
this
analysis.
This
estimate
should
be
regarded
as
the
average
burden
over
those
three
years.
It
is
likely
that
the
burden
will
vary
from
year
to
year
due
to
the
fluctuating
pattern
of
new
entries,
exits,
and
renewals.
This
analysis
does
not
capture
that
fluctuation,
but
it
does
represent
our
best
estimate
of
the
average
burden
over
this
period.
Exhibit
6.4
details
the
total
reporting
and
recordkeeping
burden
associated
with
each
46
type
of
State
and
Tribal­
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual)
and
summarizes
the
burden
to
States
and
Tribes
for
program
administration.

Exhibit
6.4.
State:
Reporting
and
Recordkeeping
Burden
Estimates
State
Program
Administration
Burden
per
Entity
Type
Clerical
Hours
Technical
Hours
Managerial
Hours
Certify
Re­
certify
Certify
Re­
certify
Certify
Re­
certify
Training
Providers
3.36
1.40
28.37
10.13
8.93
7.63
Firms
0.61
0.44
4.73
4.25
2.90
2.90
Individuals
1.56
1.36
3.15
1.80
1.32
0.76
Entities
per
Year
Number
of
Activities
in
State
and
Tribal­
Administered
Areas
2004/
2005
2005/
2006
2006/
2007
Training
Providers
Accreditations
4
4
4
Re­
accreditations
34
34
34
Firms
Initial
certifications
216
216
216
Renewals
982
982
982
Individuals
Initial
certifications
5,284
5,284
5,284
Renewals
1,761
1,761
1,761
State
Program
Administration
Burden
per
Year
State
Burden
by
Entity
Type
2004/
2005
2005/
2006
2006/
2007
Training
Providers
814
814
814
Firms
9,233
9,233
9,233
Individuals
38,766
38,766
38,766
Total
State
Burden
in
Hours
48,813
48,813
48,813
Notification
Introduction
Three
types
of
respondents
will
be
affected
by
this
ICR:
1)
training
providers,
2)
firms
performing
lead­
based
paint
activities,
and
3)
States.
The
burden
and
cost
associated
with
notification
are:
1)
reporting
during
the
course
of
the
year
and
2)
recordkeeping
during
the
course
of
the
year.
The
reporting
and
recordkeeping
burden
estimates
include
the
time
associated
with
completing
and
sending
the
notification
forms
to
the
appropriate
authority,
as
well
as
the
time
required
to
collect
the
information
needed
to
complete
the
form.
The
recordkeeping
burden
estimates
include
the
time
required
for
the
respondent
to
copy
and
file
a
record
of
the
notification
form.
In
addition
some
States
and
the
Federal
government
will
be
affected
in
their
role
as
administrators
of
the
notification
requirement.
5
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule
6
Personal
communications
with
Training
Providers.
47
Training
Providers
Under
the
rule,
pre­
course
notification
is
required
at
least
seven
business
days
prior
to
the
start
of
a
lead­
based
paint
activities
course.
Re­
notification
is
required
if
the
course
date
changes.
Within
10
days
of
course
completion,
training
providers
are
required
to
submit
a
post­
course
notification.
The
information
training
providers
are
required
to
submit
during
pre­
course
and
post­
course
notification
is
detailed
in
section
4
of
this
document.
The
following
sections
discuss
how
the
reporting
and
recordkeeping
burden
estimates
in
this
analysis
were
developed.
Exhibit
6.5.
presents
the
estimation
of
training
provider
burden
for
the
proposed
notification
rule.

Reporting
This
analysis
assumes
that
training
providers
will
complete
a
separate
notification
form
for
each
lead­
based
paint
activity
course
conducted.
The
number
of
pre­
course
and
post­
course
notification
events
was
estimated
by
dividing
the
total
number
of
students
in
a
given
year5
by
an
estimated
average
class
size6
to
obtain
the
estimated
number
of
courses.
According
to
training
providers
and
abatement
firms
contacted
during
the
data
collection
phase
of
this
analysis,
currently
some
notification
programs
require
pre­
course
notification
for
each
individual
course,
while
other
programs
allow
training
providers
to
submit
a
list
of
the
courses
they
plan
to
offer
during
the
coming
year.
This
analysis
conservatively
assumes
one
pre­
course
and
one
post­
course
notification
for
each
training
course.
In
addition,
some
courses
may
require
re­
notification.
Training
providers
and
State
program
representatives
contacted
said
that
re­
notification
does
occur.
However,
they
were
not
able
to
estimate
a
re­
notification
rate.
Therefore,
this
analysis
has
adopted
a
re­
notification
rate
of
10
percent.
An
estimate
of
the
amount
of
time
required
to
complete
the
pre­
course
and
post­
course
notification
forms,
described
in
section
4
of
this
document,
was
determined
by
calling
a
sample
of
training
providers
distributed
across
the
U.
S.
The
number
of
training
providers
and
their
levels
of
activity
were
estimated
in
the
Accreditation
and
Certification
sections
of
this
analysis.

Recordkeeping
The
training
provider
burden
estimates
described
above
include
the
burden
associated
with
filing
a
one­
page
record
of
the
notification
form
sent
to
the
administering
agency.
An
estimate
of
the
amount
of
time
needed
to
file
a
record
was
adopted
from
Economic
Analysis
of
the
Final
TSCA
Section
402
(
a)
(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.
48
Annual
Burden
Hours
As
presented
below
in
Exhibit
6.5.,
this
analysis
estimates
the
notification
burden
for
all
training
providers
to
be
1,351
hours
in
the
year
2004/
2005,
1,350
hours
in
the
year
2005/
2006,
and
1,361
hours
in
2006/
2007.

Exhibit
6.5.
Training
Providers:
Notification
Burden
Estimates
Category
Events
per
Training
Provider
Reporting
Hours/
Event
Recordkeeping
Hours/
Event
Total
Hours/
Event
2004/
2005
2005/
2006
2006/
2007
Notification
Pre­
notification
2.16
2.35
2.13
0.15
0.01
0.16
Re­
notification
0.19
0.21
0.19
0.15
0.01
0.16
Post­
notification
2.16
2.35
2.13
1.54
0.01
1.54
Annual
Total
4.51
4.91
4.45
Burden
Hours
per
Training
Provider
2004/
2005
2005/
2006
2006/
2007
3.70
4.03
3.65
Training
Providers
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
147
147
147
218
188
226
Total
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
1,351
1,350
1,361
Firms
Under
the
rule,
pre­
abatement
notification
is
required
at
least
5
business
days
prior
to
the
start
of
lead­
based
paint
abatement
activities.
Re­
notification
is
required
if
the
start
date
or
end
date
of
the
abatement
activity
changes.
Firms
are
not
required
to
provide
notification
after
the
completion
of
an
abatement
project.
The
information
firms
are
required
to
submit
during
preabatement
notification
is
detailed
in
section
4
of
this
document.
The
following
sections
discuss
how
the
reporting
and
recordkeeping
burden
estimates
in
this
analysis
were
developed.
Exhibit
6.6.
presents
the
estimation
of
firm
burden
for
the
proposed
notification
rule.

Reporting
This
analysis
assumes
that
firms
will
complete
a
separate
notification
form
for
each
leadbased
paint
abatement
activity
conducted.
The
number
of
pre­
abatement
notification
events
per
firm
was
adopted
from
the
TSCA
Title
V
Sections
402(
a)
and
404:
Target
Housing
and
Child­
Occupied
Facilities
Final
Rule
Regulatory
Impact
Analysis.
The
number
of
firms
was
estimated
in
the
Accreditation
and
Certification
section
of
this
analysis.
The
number
of
re­
notifications
was
7
Personal
communications
with
Massachusetts
firms.
49
calculated
using
a
re­
notification
rate
of
9
percent7.
An
estimate
of
the
amount
of
time
required
to
complete
the
pre­
abatement
notification
form,
described
in
section
4
of
this
document,
was
determined
by
calling
a
sample
of
firms
in
the
State
of
Massachusetts.

Recordkeeping
The
firm
burden
estimates
described
above
include
the
burden
associated
with
filing
a
one
page
record
of
the
notification
form
sent
to
the
administering
agency.
An
estimate
of
the
amount
of
time
needed
to
file
a
record
was
adopted
from
Economic
Analysis
of
the
Final
TSCA
Section
402(
a)(
3)
Lead­
Based
Paint
Accreditation
and
Certification
Fee
Rule.

Annual
Burden
Hours
As
presented
below
in
Exhibit
6.6.,
this
amendment
estimates
the
notification
burden
for
all
firms
to
be
16,284
hours
in
the
year
2004/
2005,
16,709
in
2005/
2006,
and
17,104
in
2006/
2007.

Exhibit
6.6.
Firms:
Notification
Burden
Estimates
Category
Events
per
Firm
Reporting
Hours/
Event
Record
keeping
Hours/
Event
Hours
per
Firm
Notification
Pre­
notification
14.09
0.22
0.01
3.23
Re­
notification
1.27
0.22
0.01
0.29
Annual
Total
15.36
0.22
0.01
3.52
Firms
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
3,369
3,369
3,369
1,257
1,378
1,490
Total
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
16,284
16,709
17,104
State
Burden
Under
the
proposed
rule,
notifications
submitted
by
training
providers
and
abatement
firms
would
be
used
by
States
with
authorized
programs
in
support
of
compliance
monitoring
and
enforcement
activities,
and
to
prioritize
inspections.
The
administrative
management
of
information
collected
under
this
proposed
rule
is
detailed
in
section
4
of
this
document.
The
following
sections
discuss
how
the
recordkeeping
burden
estimates
were
developed.
Exhibit
6.7.
presents
the
estimation
of
State
burden
for
the
proposed
notification
rule.
50
Recordkeeping
The
number
of
notification
events
per
entity
are
the
sum
of
pre­
course,
post­
course,
and
re­
notifications
submitted
by
training
providers,
and
the
sum
of
pre­
abatement
and
re­
notifications
submitted
by
firms.
The
sources
of
this
information
are
discussed
in
detail
in
the
respective
training
provider
and
firm
sections
of
this
analysis.
The
State
recordkeeping
burden
per
notification
event
is
estimated
at
0.11
hours
for
training
providers
and
0.09
hours
for
abatement
firms.
Both
estimates
were
obtained
by
contacting
two
State
agencies,
which
currently
operate
similar
lead­
based
paint
training
programs,
and
maintain
lead­
based
paint
activity
notification
records
in
both
electronic
and
hard
copy
forms.

Annual
Burden
As
presented
below
in
Exhibit
6.7.,
this
analysis
estimates
the
notification
recordkeeping
burden
for
all
States
in
the
year
2004/
2005
to
be
4,730
hours.
The
notification
recordkeeping
burden
for
all
States
is
estimated
to
be
4,736
hours
in
2005/
2006
and
4,729
hours
in
2006/
2007.

Exhibit
6.7.
States:
Notification
Burden
Estimates
Category
Notifications
per
Entity
Clerical
Hours/
Notification
2004/
2005
2005/
2006
2006/
2007
Firms
15.36
15.36
15.36
0.09
Training
Providers
4.51
4.91
4.45
0.11
Entities
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
3,369
3,369
3,369
Training
Providers
147
147
147
Notification
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
4,657
4,657
4,657
Training
Providers
73
79
72
Total
Burden
4,730
4,736
4,729
6(
b)
Estimating
Respondent
Costs
Introduction
The
cost
estimates
addressed
in
this
section
are
based
on
the
burden
estimates
discussed
in
section
6(
a).
Wage
rates
for
each
category
of
personnel
are
derived
with
methods
and
from
sources
either
identical
to
or
very
similar
to
those
used
in
the
Fees
Rule
EA
and
the
previous
ICR.

The
following
fringe
and
overhead
factors
from
the
Fees
Rule
EA
and
the
Comprehensive
Assessment
Information
Rule
(
CAIR)
were
applied:
51
­
Government
Employees
1.6
(
fees
rule)
­
Managerial
Non­
government
1.64
(
CAIR)
­
Technical
Non­
government
1.65
(
CAIR)
­
Clerical
Non­
government
1.66
(
CAIR).

Non­
governmental
wages
are
drawn
from
the
full
time
mean
hourly
earnings
data
in
the
Bureau
of
Labor
Statistics
(
BLS)
National
Compensation
Survey:
Occupational
Wages
in
the
United
States,
July
2002,
Table
2­
2
(
Private
industry,
selected
occupations,
mean
hourly
earnings).
Those
hourly
wages
are
adjusted
upward
by
4.7
percent
to
account
for
inflation
from
July
2002
to
July
2004.
The
BLS
Consumer
Price
Index
for
February
2002
(
1982
­
84
=
100)
was
177.8.
The
same
index
was
186.2
in
February
2004,
for
a
two­
year
increase
of
4.7
percent.
It
is
assumed
that
this
is
a
reasonable
representation
of
the
inflation
adjustment
for
wages
from
July
2002
to
July
2004.
The
BLS
occupational
categories
used
here
may
in
some
cases
be
somewhat
different
from
the
categories
used
in
the
previous
ICR.
An
attempt
was
made
to
match
those
categories
as
closely
as
possible
to
the
ICR
labor
categories.

Wage
Rate
Calculations
for
Non­
Government
Workers
ICR
Labor
Category
BLS
Occupation
Category
2002
Wage
Rate
Wage
Inflated
by
4.7%
Wage
with
Fringe
and
Overhead
Non­
government
professional
Professional
specialty
and
technical
$
29.34
$
30.72
$
50.59
Non­
government
clerical
Administrative
support,
including
clerical
$
13.64
$
14.28
$
23.71
Inspector
Construction
inspectors
$
23.45
$
24.55
$
40.51
Risk
Assessor
Chemical
technicians
$
20.35
$
21.31
$
35.16
Project
designer
Designers
$
22.88
$
23.96
$
39.53
Supervisor
Supervisors,
painters,
paperhangers,
and
plasterers
$
19.86
$
20.79
$
34.10
Abatement
worker
Painters,
construction
and
maintenance
$
13.30
$
13.93
$
22.98
The
wage
rates
for
State
and
Federal
government
employees
are
taken
from
the
Federal
Government's
GS
Salary
Table
for
hourly
wages,
effective
January
2004.
The
wages
for
EPA
headquarters
workers
are
taken
from
the
table
including
locality
pay
for
the
Washington­
Baltimore
area.
The
wages
for
all
others
are
taken
from
table
including
locality
pay
for
"
Rest
of
US."
52
Wage
Rate
Calculations
for
Government
Workers
Labor
Category
Wage
Rate
Source
Hourly
Wage
Rate
Wage
with
Fringe
and
Overhead
States
Managerial
GS
13,
step
1
$
33.43
$
53.49
States
Technical
GS
11,
step
1
$
23.45
$
37.52
States
Clerical
GS
6,
step
1
$
14.26
$
22.82
EPA
Headquarters
Managerial
GS
13,
step
1;
Washington
DC
area
$
34.55
$
55.28
EPA
Headquarters
Technical
GS
11,
step
1;
Washington
DC
area
$
24.24
$
38.78
EPA
Headquarters
Clerical
GS
6,
step
1;
Washington
DC
area
$
14.74
$
23.58
EPA
Regional
Managerial
GS
13,
step
1;
"
Rest
of
US"
area
$
33.43
$
53.49
EPA
Regional
Technical
GS
11,
step
1;
"
Rest
of
US"
area
$
23.45
$
37.52
EPA
Regional
Clerical
GS
6,
step
1;
"
Rest
of
US"
area
$
14.26
$
22.82
Accreditation
and
Certification
Training
Providers
Based
on
the
burden
estimates
provided
in
section
6(
a)
and
the
wage
rates
discussed
above,
this
analysis
estimates
the
cost
to
training
providers
in
the
year
2004/
2005
at
$
15,988
for
training
providers
in
State­
administered
programs
and
$
37,985
for
those
in
EPA­
administered
programs.
The
total
reporting
and
recordkeeping
cost
for
all
training
providers
in
the
year
2004/
2005
is
estimated
to
be
$
53,972.82.
In
the
year
2005/
2006
the
total
reporting
and
recordkeeping
cost
for
all
training
providers
drops
to
$
45,152,
and
then
rises
to
$
68,024
in
2006/
2007.
The
main
factor
in
this
year­
to­
year
variation
is
the
number
of
program
reaccreditations
in
the
EPA­
administered
areas.
Exhibit
6.8.
below
summarizes
the
cost
of
the
reporting
and
annual
recordkeeping
requirements
for
training
providers.
53
Exhibit
6.8.
Training
Providers:
Reporting
and
Recordkeeping
Cost
Estimates
Cost
Element
Professional
($
50.59/
hr)
Clerical
($
23.71/
hr)
Burden
Hours
Cost
($)
Per
Training
Provider
Accreditation
Rule
Familiarization
8.00
0.00
8.00
$
404.72
Accreditation
Statement
7.60
2.00
9.60
$
431.90
Quality
Control
Plan
8.00
2.00
10.00
$
452.14
Annual
Cost
Recordkeeping*
0.00
0.81
0.81
$
19.21
Quadrennial
Cost
(
In
Addition
to
Annual
Cost)
Re­
accreditation
3.80
1.00
4.80
$
215.95
Audit**
0.20
0.40
0.60
$
19.60
Cost
Per
Training
Provider
Year
of
Initial
Accreditation
$
1307.97
Second,
Third
and
FourthYear
of
Operation
$
19.21
Year
of
Re­
accreditation
$
254.76
Cost
Per
Year
State­
Administered
Entities
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
New
accreditations
5,231.88
5,231.88
5,231.88
23,543.46
23,543.46
23,543.46
Second
year
cohort
710.77
710.77
710.77
1,632.85
902.87
403.41
Third
year
cohort
691.56
691.56
691.56
1,248.65
1,229.44
672.35
Fourth
year
cohort
691.56
691.56
691.56
96.05
941.29
922.08
Re­
accreditations
8,661.84
8,661.84
8,661.84
11,464.20
2,547.60
26,495.04
Cost
for
all
training
providers
$
15,987.61
$
15,987.61
$
15,987.61
$
37,985.21
$
29,164.66
$
52,036.34
Cost
Summary
Per
Year
2004/
2005
2005/
2006
2006/
2007
Total
Cost
$
53,972.82
$
45,152.27
$
68,023.95
*
Recordkeeping
burden
estimate
adopted
from
the
previous
ICR.
**
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited.

Costs
for
Firms
Performing
Lead­
based
Paint
Activities
The
recordkeeping
costs
fall
under
two
categories:
labor
and
materials.
The
cost
estimates
used
in
this
analysis
rely
heavily
on
the
burden
estimates
developed
for
the
analysis
of
section
406
(
USEPA,
1993c).
Recordkeeping
labor
costs
consist
of
the
time
associated
with
the
actual
filing
of
the
records.
The
analysis
of
section
406
estimates
that
the
time
associated
with
filing
each
report,
regardless
of
size,
is
0.5
minutes
or
0.0083
hours.
Copying
costs
are
calculated
based
on
$
0.06
per
copy
multiplied
by
the
total
number
of
pages
to
be
copied;
only
one
copy
is
required.
54
As
detailed
in
section
6(
a),
the
total
number
of
events
are
based
on
the
prior
ICR.
The
wage
rates
used
to
represent
professional
and
clerical
labor
costs
are
the
same
as
those
detailed
above
for
training
providers.

Based
on
the
burden
estimates
provided
in
section
6(
a)
and
the
professional
and
clerical
wage
rates
described
earlier,
this
analysis
estimates
the
cost
to
all
firms
in
the
year
2004/
2005
at
$
9,157,863
for
firms
in
State­
administered
programs
and
$
3,449,384
for
firms
in
EPAadministered
programs.
The
total
reporting
and
recordkeeping
cost
to
all
firms
for
the
year
2004/
2005
is
estimated
to
be
about
$
12
million.
In
years
2004/
2005
and
2005/
2006,
the
total
annual
reporting
and
recordkeeping
cost
for
all
firms
is
estimated
to
be
somewhat
higher,
around
$
13
million.
Exhibit
6.9.
below
summarizes
the
cost
of
the
reporting
and
annual
recordkeeping
requirements
for
firms.

Exhibit
6.9.
Firms:
Reporting
and
Recordkeeping
Cost
Estimates
Category
Discipline
(
for
wage
rate
determination)
Average
Reporting
Cost
Per
Firm
Average
Recordkeeping
Cost
Per
Firm*
Total
Number
of
Pages
Per
Firm
Material
cost
(@
$
0.06per
page)
Average
Cost
Per
Firm
Certification
Rule
Familiarization
($
50.59/
hr)
professional
$
303.54
0
$
303.54
Certification
letter
($
50.59/
hr)
professional
$
75.89
$
0.09
1.39
$
0.08
$
76.15
Target
Housing
(
including
Soil
Abatements)
Risk
Assessment
and
lead
hazard
screen
reports
($
35.16/
hr)
risk
assessor
$
1,053.39
$
3.18
64.43
$
3.87
$
1,060.44
Pre­
Abatement
Notifications
($
34.10/
hr)
supervisor
$
76.73
$
0.88
9.03
$
0.54
$
78.14
Occupant
Protection
Plan
($
39.53/
hr)
designer
$
552.23
$
2.75
41.86
$
2.51
$
557.49
Post­
Abatement
Reports
($
34.10/
hr)
supervisor
$
952.75
0
41.86
$
2.51
$
955.26
Child­
Occupied
Facilities
(
including
Soil
Abatements)
Risk
Assessment
and
lead
hazard
screen
reports
($
35.16/
hr)
risk
assessor
$
4.92
$
0.02
0.49
$
0.03
$
4.98
Pre­
Abatement
Notifications
($
34.10/
hr)
supervisor
$
2.05
$
0.02
0.25
$
0.01
$
2.08
Occupant
Protection
Plan
($
39.53/
hr)
designer
$
4.74
$
0.02
0.25
$
0.01
$
4.78
Post­
Abatement
Reports
($
34.10/
hr)
supervisor
$
8.53
$
0.02
0.25
$
0.01
$
8.56
Cost
Per
Firm
55
Year
of
Initial
Certification
$
3,051.43
Second
and
Third
Year
of
Operation
$
2,671.73
Year
of
Certification
Renewal
$
2,747.89
Cost
Per
Year
State­
Administered
Entities
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Cost
$
9,157,863
$
9,157,863
$
9,157,863
$
3,449,384
$
3,786,829
$
4,086,825
Cost
Summary
Per
Year
2004/
2005
2005/
2006
2006/
2007
Total
Cost
$
12,607,247
$
12,944,692
$
13,244,687
*
.0083
hours
of
non­
governmental
clerical
burden
per
report
@
$
23.71/
hr
Individuals
Performing
Lead
Abatement
Based
on
the
cost
estimates
provided
in
section
6(
a)
and
the
wage
rates
developed
earlier,
this
analysis
estimates
the
total
reporting
and
recordkeeping
cost
to
all
individuals
in
year
2004/
2005
to
be
$
227,618.
Approximately
22
percent
of
this
total
cost
is
incurred
by
individuals
in
EPAadministered
programs.
Both
the
total
cost
and
the
distribution
of
costs
between
EPA
and
non­
EPA
areas
are
very
similar
in
each
of
the
three
years
under
analysis.
Exhibit
6.10.
details
the
total
reporting
and
recordkeeping
cost
to
the
individual
subgroups
(
e.
g.,
inspectors,
risk
assessors,
and
workers)
and
summarizes
the
individual
cost.

Exhibit
6.10.
Individuals:
Reporting
and
Recordkeeping
Cost
Estimates/
Cost
per
Year
2004/
2005
2005/
2006
2006/
2007
Inspectors
($
40.51/
hr.)
$
43,022
$
43,022
$
43,427
Risk
Assessors
($
35.16/
hr.)
$
69,898
$
69,828
$
70,496
Supervisors
($
34.10/
hr.)
$
68,405
$
68,371
$
69,018
Abatement
Workers
($
22.98/
hr.)
$
43,823
$
43,800
$
44,202
Project
Designers
($
39.53/
hr.)
$
2,471
$
2,471
$
2,490
Total
Individual
Cost
$
227,618
$
227,490
$
229,633
State
Costs
The
reporting/
recordkeeping
requirement
costs
include
the
wages
associated
with
the
burden
estimated
in
Section
6(
a).
The
methods
used
to
establish
wage
rates
are
covered
earlier
in
this
analysis.
Those
wage
rates
are
$
53.49
for
managerial
staff,
$
37.52
for
technical
staff
and
$
22.82
for
clerical
staff.

The
total
reporting
and
recordkeeping
cost
to
all
States
with
authorized
programs
in
each
year
of
the
analysis
is
estimated
to
be
$
1,858,856.
As
discussed
earlier,
each
year
in
State
and
Tribal­
administered
areas
is
assumed
to
be
identical,
for
ease
of
modeling.
It
is
likely
that
the
actual
costs
will
vary
from
year
to
year.
These
estimates
are
intended
to
represent
the
average
annual
costs.
Exhibit
6.11.
details
the
total
reporting
and
recordkeeping
cost
to
each
type
of
Stateadministered
entity
(
e.
g.,
training
provider,
firm,
and
individual).
56
Exhibit
6.11.
States:
Reporting
and
Recordkeeping
Cost
Estimates
2004/
2005
2005/
2006
2006/
2007
Training
Providers
$
34,360
$
34,360
$
34,360
Firms
$
393,625
$
393,625
$
393,625
Individuals
$
1,430,871
$
1,430,871
$
1,430,871
Total
State
Cost
$
1,858,856
$
1,858,856
$
1,858,856
Notification
The
cost
estimates
addressed
in
this
section
are
based
on
the
burden
estimates
discussed
in
section
6(
a).

Training
Providers
The
fully
loaded
wage
rate
used
to
estimate
training
providers'
notification
costs
is
the
nongovernment
clerical
rate,
$
23.71
per
hour.
Additionally,
training
provider
costs
include
a
$
0.37
postage
stamp
for
mailing
the
notification
and
$
0.06
for
a
one
page
copy
of
the
notification
for
the
firm's
records.

Annual
Costs
As
presented
below
in
Exhibit
6.12.,
based
on
the
burden
estimates
provided
in
section
6(
a)
and
the
wage
rates
discussed
above,
this
analysis
estimates
the
notification
costs
for
all
training
providers
in
the
year
2004/
2005
at
$
32,936.
The
total
notification
cost
for
all
training
providers
in
2005/
2006
is
$
32,893,
and
$
33,194
in
2006/
2007.

Exhibit
6.12.
Training
Providers:
Notification
Cost
Estimates
Category
Events
per
Training
Provider
Reporting
Cost/
Event
Recordkeeping
Cost/
Event
Materials
Cost/
Event
Total
Cost/
Event
($
23.71/
hr)
2004/
2005
2005/
2006
2006/
2007
Notification
Pre­
notification
2.16
2.35
2.13
$
3.56
$
0.24
$
0.43
$
4.22
Re­
notification
0.19
0.21
0.19
$
3.56
$
0.24
$
0.43
$
4.22
Post­
notification
2.16
2.35
2.13
$
36.51
$
0.24
$
0.43
$
37.18
Cost
per
Training
Provider
2004/
2005
2005/
2006
2006/
2007
$
90
$
98
$
89
Training
Providers
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
147
147
147
218
188
226
Total
Cost
per
Year
57
2004/
2005
2005/
2006
2006/
2007
$
32,936
$
32,893
$
33,194
Firms
Performing
Lead­
based
Paint
Activities
Costs
The
fully
loaded
wage
rate
used
to
estimate
certified
firms'
notification
costs
is
the
nongovernment
clerical
rate,
$
23.71
per
hour.
Additionally,
training
provider
costs
include
a
$
0.37
postage
stamp
for
mailing
the
notification
and
$
0.06
for
a
one
page
copy
of
the
notification
for
the
firm's
records.

Annual
Costs
As
presented
below
in
Exhibit
6.13.,
based
on
the
burden
estimates
provided
in
section
6(
a)
and
the
wage
rates
discussed
above,
this
analysis
estimates
the
costs
associated
with
notification
for
all
firms
in
the
year
2004/
2005
at
$
428,516.
The
notification
cost
for
all
firms
is
estimated
to
be
$
429,373
in
2005/
2006
and
$
439,505
in
2006/
2007.

Exhibit
6.13.
Firms:
Notification
Cost
Estimates
Cost
Element
Events
per
Firm
Reporting
Cost/
Event
Recordkeeping
Cost/
Event
Materials
Cost/
Event
Cost
per
Firm
($
23.71/
hr)

Notification
Pre­
notification
14.09
$
5.22
$
0.24
$
0.43
$
82.99
Re­
notification
1.27
$
5.22
$
0.24
$
0.43
$
7.48
Annual
Total
15.36
$
90.47
Firms
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
3,369
3,369
3,369
1,257
1,377
1,489
Total
Cost
per
Calender
Year
2004/
2005
2005/
2006
2006/
2007
$
428,516
$
429,373
$
439,505
State
Costs
As
indicated
above,
the
fully
loaded
wage
rate
for
State
government
clerical
staff
is
$
22.82.

Annual
Costs
As
presented
below
in
Exhibit
6.14.,
this
analysis
estimates
the
notification
cost
for
all
States
combined
in
the
year
2004/
2005
to
be
$
107,944.
The
notification
cost
for
all
States
is
estimated
to
be
$
108,192
in
2005/
2006,
and
$
107,922
in
2006/
2007.
58
Exhibit
6.14.
States:
Notification
Cost
Estimates
for
All
States
Combined
Category
Notifications
per
Entity
Clerical
Cost/
Notification
($
22.82/
hr)
2004/
2005
2005/
2006
2006/
2007
Firms
15.36
15.36
15.36
$
2.05
Training
Providers
4.51
4.91
4.45
$
2.51
Entities
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
3,369
3,369
3,369
Training
Providers
147
147
147
Cost
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
$
106,280
$
106,280
$
106,280
Training
Providers
$
1,664
$
1,812
$
1,642
Total
Burden
$
107,944
$
108,092
$
107,922
6(
c)
Estimating
Agency
Burden
and
Cost
Accreditation
and
Certification
EPA
Burden
Although
sections
402(
a)
and
404
do
not
require
that
States
develop
a
lead
program,
it
is
encouraged.
As
discussed
in
section
6(
a)
of
this
ICR,
39
States
and
three
Tribal
areas
have
sought
and
been
granted
authorization
to
administer
their
own
programs
under
TSCA
Section
402.
This
ICR
assumes
that
programs
for
the
remaining
States
will
be
administered
by
EPA.
Thus
the
burden
on
EPA
due
to
reviewing
and
approving
State
applications
to
administer
their
own
programs
has
already
been
incurred.
If
additional
States
seek
authorization,
the
cost
to
EPA
of
reviewing
and
approving
these
applications
will
be
offset
by
the
reduction
in
EPA
hours
used
to
administer
the
programs.

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

Based
on
these
assumptions
and
data,
the
total
burden
to
EPA
regions
in
year
2004/
2005
is
estimated
to
be
6,509
hours.
In
2005/
2006
the
total
reporting
and
recordkeeping
burden
to
EPA
regions
is
estimated
to
be
7,230,
and
9,437
in
2006/
2007.
Exhibit
6.15.
details
the
total
reporting
and
recordkeeping
burden
to
each
type
of
EPA­
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual).
59
In
addition
the
annual
burden
to
EPA
Headquarters
is
estimated
to
be
728
hours
for
each
calender
year
of
the
analysis
(
See
Exhibit
6.16.).
Thus
the
total
EPA
burden
in
the
year
2004/
2005
is
6,237,
then
7,958
in
2005/
2006
and
10,165
hours
in
2006/
2007.

Exhibit
6.15.
EPA
Regions:
Reporting
and
Recordkeeping
Burden
Estimates
for
Accreditation
and
Certification
Activities
EPA
Region
Burden
per
Entity
Type
Clerical
Hours
Technical
Hours
Managerial
Hours
Certify
Re­
certify
Certify
Re­
certify
Certify
Re­
certify
Training
Providers
3.36
1.40
28.37
10.13
8.93
7.63
Firms
0.61
0.44
4.73
4.25
2.90
2.90
Individuals
1.56
1.36
3.15
1.80
1.32
0.76
Entities
per
Year
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
Training
Providers
New
accreditations
18
18
18
Second
year
cohort*
85
47
21
Third
year
cohort*
65
64
35
Fourth
year
cohort*
5
49
48
Re­
accreditations
45
10
104
Firms
New
certifications
200
200
200
Second
year
cohort*
449
372
546
Third
year
cohort*
410
421
349
Re­
certifications
198
384
394
Individuals
New
certifications
1500
1500
1500
Second
year
cohort*
1,333
1,228
1,225
Third
year
cohort*
706
840
774
Re­
certifications
450
445
529
Burden
per
Year
2004/
2005
2005/
2006
2006/
2007
Training
Providers
1,594
923
2,725
Firms
3,151
4,563
4,638
Individuals
1,764
1,744
2,074
Total
EPA
Regional
Burden
6,509
7,230
9,437
*
No
reporting
and
recordkeeping
burden/
cost
incurred.
60
Exhibit
6.16.
EPA
Headquarters:
Reporting
and
Recordkeeping
Burden
Estimates
for
Accreditation
and
Certification
Activities
Annual
EPA
Headquarters
Burden
Hours
Clerical
Burden
Technical
Burden
Managerial
Burden
Coordinate
with
Regions*
0.00
104.00
0.00
Public
Assistance*
104.00
104.00
0.00
Other*
104.00
104.00
208.00
Annual
Burden
to
Headquarters
728.00
*
HQ
administrative
burden
from
the
Fees
Rule
EA;
for
all
EPA­
administered
States
EPA
Cost
The
burden
on
EPA
associated
with
the
administration
of
the
States
and
Tribal
areas
that
have
not
been
approved
to
administer
their
own
programs
were
estimated
above.
The
labor
rates
and
overhead
and
fringe
loadings
were
discussed
earlier.
Based
on
these
estimates,
the
reporting
and
recordkeeping
cost
to
EPA
regions
in
year
2004/
2005
is
estimated
to
be
$
598,864.
In
2005/
2006
the
total
reporting
and
recordkeeping
cost
to
EPA
regions
rises
to
$
629,842,
and
then
rises
again
to
$
721,877.
These
increases
are
due
to
the
year­
to­
year
variability
in
accreditation
and
certification
activities,
and
do
not
necessarily
represent
a
trend.
Exhibit
6.17.
details
the
total
reporting
and
recordkeeping
cost
to
each
type
of
EPA­
administered
entity
(
e.
g.,
training
provider,
firm,
and
individual).
The
annual
cost
to
EPA
Headquarters
is
estimated
to
be
$
28,501
for
each
year
of
the
analysis
(
See
Exhibit
6.18.).
Thus
the
total
EPA
cost
in
year
2004/
2005
is
$
627,365,
$
658,343
in
year
2005/
2006,
and
$
750,378
in
year
2006/
2007.

There
will
be
additional
costs
involved
in
transitioning
from
an
existing
Federal
program
to
an
authorized
State
program
in
States
that
receive
authorization
after
the
Federal
program
has
been
fully
established.
Currently,
we
do
not
have
a
way
of
estimating
the
additional
burden,
nor
the
number
of
State
programs
potentially
affected.
Such
changes
would
also
reduce
the
annual
burden
on
EPA.
No
such
transitions
are
anticipated
during
the
period
of
this
ICR.

Exhibit
6.17.
EPA
Regions:
Reporting
and
Recordkeeping
Cost
Estimates
for
Accreditation
and
Certification
Activities
2004/
2005
2005/
2006
2006/
2007
Training
Providers
$
66,045
$
37,340
$
114,434
Firms
$
133,577
$
193,957
$
197,203
Individuals
$
399,242
$
398,545
$
410,240
Total
EPA
Regional
Cost
$
598,864
$
629,842
$
721,877
Exhibit
6.18.
EPA
Headquarters:
Reporting
and
Recordkeeping
Cost
Estimates
for
Accreditation
and
Certification
Activities
Annual
EPA
Headquarters
Cost
Clerical
($
23.58/
hr.)
Technical
($
38.78/
hr.)
Managerial
($
55.28/
hr.)
Coordinate
with
Regions
$
0.00
$
4,033
$
0.00
Public
Assistance
$
2,452
$
4,033
$
0.00
Other
$
2,452
$
4,033
$
11,498
61
Annual
Cost
to
Headquarters
$
28,501
Notification
Agency
Burden
Under
the
rule,
notifications
submitted
by
training
providers
and
abatement
firms
will
be
used
by
EPA
regions
in
support
of
compliance
monitoring
and
enforcement
activities,
and
to
prioritize
inspections.
The
administrative
management
of
information
collected
under
this
proposed
rule
is
detailed
in
section
4
of
this
document.
The
following
sections
discuss
how
the
recordkeeping
burden
estimates
were
developed.
Exhibit
6.19.
presents
the
estimation
of
EPA
burden
for
the
notification
rule.

Recordkeeping
The
number
of
notification
events
per
entity
is
the
sum
of
pre­
course,
post­
course,
and
renotifications
submitted
by
training
providers,
and
the
sum
of
pre­
abatement
and
re­
notifications
submitted
by
firms.
The
sources
of
this
information
are
discussed
in
detail
in
the
respective
training
provider
and
firm
sections
of
this
analysis.
The
EPA
recordkeeping
burden
per
notification
event
is
estimated
at
0.11
hours
for
training
providers
and
0.09
hours
for
abatement
firms.
Both
estimates
were
obtained
by
contacting
two
State
agencies,
which
currently
operate
similar
lead­
based
paint
training
programs,
and
maintain
lead­
based
paint
activity
notification
records
in
both
electronic
and
hard
copy
forms.
The
number
of
entities­
administered
by
the
EPA
program
was
estimated
in
section
6(
a)
of
this
analysis.

Annual
Burden
As
presented
below
in
Exhibit
6.19.,
this
analysis
estimates
the
notification
recordkeeping
burden
for
EPA
in
the
year
2004/
2005
to
be
1,846
hours.
The
notification
recordkeeping
burden
for
EPA
is
estimated
to
rise
slightly
to
2,006
hours
during
the
year
2005/
2006,
and
then
rise
slightly
again
to
2,169
in
2006/
2007.

Exhibit
6.19.
EPA:
Notification
Burden
Estimates
Category
Notifications
per
Entity
Clerical
Hours/
Notification
2004/
2005
2005/
2006
2006/
2007
Firms
15.36
15.36
15.36
0.09
Training
Providers
4.51
4.91
4.45
0.11
Entities
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
19,308
21,151
22,871
Training
Providers
218
188
226
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
1,738
1,904
2,058
62
Training
Providers
108
102
111
Total
Burden
1,846
2,006
2,169
Agency
Cost
The
notification
costs
are
based
on
the
burden
estimated
in
Section
6(
a)
and
the
EPA
Regional
clerical
wage
rate
estimated
earlier.
The
final
loaded
wage
rate
is
$
22.82
for
EPA
Regional
clerical
staff.

Annual
Cost
As
presented
below
in
Exhibit
6.20.,
this
analysis
estimates
the
EPA
cost
associated
with
notifications
in
the
year
2004/
2005
to
be
$
42,123.
That
cost
is
expected
to
rise
slightly
to
$
45,757
in
2005/
2006,
and
then
rise
slightly
again
to
$
49,498
in
2006/
2007.

Exhibit
6.20.
EPA:
Notification
Cost
Estimates
Category
Notifications
per
Entity
Clerical
Cost/
Notification
($
22.82/
hr)
2004/
2005
2005/
2006
2006/
2007
Firms
15.36
15.36
15.36
$
2.05
Training
Providers
4.51
4.91
4.45
$
2.51
Entities
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
19,308
21,151
22,871
Training
Providers
218
188
226
Cost
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
$
39,655
$
43,440
$
46,973
Training
Providers
$
2,468
$
2,317
$
2,525
Total
Annual
Cost
$
42,123
$
45,757
$
49,498
6(
d)
Bottom
Line
Burden
Hours
and
Cost
(
i)
Respondent
Tally
63
Respondent
Burden
and
Cost
Accreditation
and
Certification
Burden
and
Cost
2004/
2005
2005/
2006
2006/
2007
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
Training
Providers
1,329
$
53,973
1,116
$
45,152
1,654
$
68,024
Firms
Performing
Lead­
based
Paint
Activities
351,764
$
12,607,247
361,118
$
12,944,692
369,530
$
13,244,825
Individuals
7,026
$
227,618
7,022
$
227,490
7,088
$
229,633
States
48,813
$
1,858,856
48,813
$
1,858,856
48,813
$
1,858,856
Total
408,932
$
14,747,694
418,069
$
15,076,190
427,085
$
15,401,338
Notification
Burden
and
Cost
2004/
2005
2005/
2006
2006/
2007
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
Training
Providers
1,351
$
32,936
1,350
$
32,893
1,361
$
33,194
Firms
Performing
Lead­
based
Paint
Activities
16,284
$
428,516
16,709
$
429,373
17,104
$
439,505
States
4,730
$
107,944
4,736
$
108,092
4,729
$
107,922
Total
22,365
$
569,396
22,795
$
570,358
23,194
$
580,621
Over­
All
Total
431,297
$
15,317,090
440,864
$
15,646,548
450,279
$
15,981,959
The
respondent
burden
and
cost
for
the
collection
of
this
information
in
the
year
2004/
2005
is
estimated
to
be
2,680
hours
and
$
86,909
for
the
estimated
365
training
providers;
368,048
hours
and
$
13,055,763
for
the
estimated
4,626
firms
performing
lead­
based
paint
activities;
7,026
hours
and
$
227,618
for
the
18,269
individual
lead
abatement
personnel;
and
53,543
hours
and
$
1,966,800
for
the
States.
That
is
an
average
burden
of
7.34
hours
per
training
provider,
79.56
hours
per
certified
firm,
and
0.38
hours
per
certified
individual.
The
overall
burden
and
cost
for
this
year
for
all
respondents
is
431,297
hours
and
$
15,317,090.

The
respondent
burden
and
cost
for
the
collection
of
this
information
in
the
year
2005/
2006
is
estimated
to
be
2,466
hours
and
$
78,045
for
the
estimated
335
training
providers;
377,827
hours
and
$
13,374,065
for
the
estimated
4,746
firms
performing
lead­
based
paint
activities;
7,022
hours
and
$
227,490
for
the
18,293
individual
lead
abatement
personnel;
and
53,543
hours
and
$
1,966,948
for
the
States.
That
is
an
average
burden
of
7.36
hours
per
training
provider,
79.61
hours
per
certified
firm,
and
0.38
hours
per
certified
individual.
The
overall
burden
and
cost
for
this
year
for
all
respondents
is
440,864
hours
and
$
15,646,548.

The
respondent
burden
and
cost
for
the
collection
of
this
information
in
the
year
2006/
2007
is
estimated
to
be
3,015
hours
and
$
101,218
for
the
estimated
373
training
providers;
386,634
hours
and
$
13,684,330
for
the
estimated
4,858
firms
performing
lead­
based
paint
activities;
7,088
hours
and
$
229,633
for
the
18,308
individual
lead
abatement
personnel;
and
53,543
hours
and
$
1,966,778
for
the
States.
That
is
an
average
burden
of
8.08
hours
per
training
provider,
79.59
hours
per
certified
firm,
and
0.39
hours
per
certified
individual.
The
overall
burden
and
cost
for
this
year
for
all
respondents
is
450,279
hours
and
$
15,981,959.
64
The
average
overall
annualized
burden
and
cost
for
the
three
years
covered
by
this
ICR
for
all
respondents
total
440,813
hours
and
$
15,648,532.

(
ii)
Agency
Tally
Agency
Burden
and
Cost
EPA
Accreditation
and
Certification
Burden
and
Cost
2004/
2005
2005/
2006
2006/
2007
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
Regions
6,509
$
598,864
7,230
$
629,842
9,437
$
721,877
Headquarters
728
$
28,501
728
$
28,501
728
$
28,501
Total
7,237
$
627,365
7,958
$
658,343
10,165
$
750,378
EPA
Notification
Burden
and
Cost
2004/
2005
2005/
2006
2006/
2007
Burden
Hours
Costs
Burden
Hours
Costs
Burden
Hours
Costs
1,846
$
42,123
2,006
$
45,757
2,169
$
49,498
Over­
All
Totals
9,083
$
669,488
9,964
$
704,100
12,334
$
799,876
The
Agency
burden
and
cost
for
the
collection
of
this
information
is
estimated
to
be
9,083
hours
and
$
669,488
in
the
year
2004/
2005;
9,964
hours
and
$
704,100
in
2005/
2006;
and
12,334
hours
and
$
799,826
in
2006/
2007.

The
average
overall
annualized
burden
and
cost
for
the
Agency
for
the
three
years
covered
by
this
ICR
is
10,460
hours
and
$
724,488.

6(
e)
Reasons
for
Change
in
Burden
This
request
reflects
an
increase
in
the
total
estimated
burden
of
49,639
hours
(
from
391,174
hours
to
440,813
hours)
from
that
currently
in
the
OMB
inventory.
This
increase
represents
an
adjustment
in
the
number
of
respondents
and/
or
the
number
of
activities
or
events
for
which
respondents
must
provide
information,
based
on
EPA's
experience
since
the
approval
of
the
most
recent
ICR.

The
burden
in
this
ICR
covers
the
activities
that
were
reported
in
two
previous
ICRs.
In
this
section
the
Accreditation
and
Certification
portions
of
this
ICR
will
be
compared
to
those
same
activities
as
reported
in
1999.
Then
a
comparison
will
be
made
between
the
Notification
portions
of
this
ICR
and
an
earlier
ICR
that
covered
those
same
activities.

Accreditation
and
Certification
The
previous
ICR
covering
Accreditation
and
Certification
activities
was
developed
before
data
on
the
numbers
of
activities
were
available,
and
relied
on
burden
estimates
developed
in
the
TSCA
402/
404
Regulatory
Impact
Analysis
and
experience
with
other
similar
rules,
such
as
the
Asbestos
MAP.
Data
are
now
available
on
the
level
of
activities
under
EPA
administration,
permitting
a
more
direct
projection
of
activities
over
the
period
of
this
ICR.
65
It
is
difficult
to
directly
compare
the
burden
projected
by
the
previous
ICR
and
this
one,
since
the
previous
ICR
projected
extreme
year­
to­
year
variability
in
the
accreditation
and
certification
activity
projected
in
the
previous
ICR.
That
variability
was
due
to
the
expected
high
level
of
activity
at
the
beginning
of
the
program
caused
by
the
initial
wave
of
accreditation
and
certification.
However,
it
is
possible
to
make
comparisons
to
the
average
burdens
and
also
to
look
at
specific
elements
that
determine
burden.

Comparison
of
Average
Annual
Burden
Estimates
over
Three
Years,
Accreditation
and
Certification
Only,
1991
and
2004
ICRs
Burden
Hours
Percent
Increase
Absolute
Increase
Share
of
Increase
1999
ICR
2004
ICR
Training
providers
742
1,366
84
%
624
1.3
%

Certified
firms
317,328
360,804
14
%
43,476
92.9
%

Certified
individuals
7,216
7,045
­
2
%
­
171
­
0.4
%

States
45,928
48,813
6
%
2,885
6.2
%

Total
371,214
418,029
13
%
46,814
The
largest
share
of
the
burden
increase,
about
93%,
is
in
the
burden
on
certified
firms.
The
estimates
of
burden
per
firm
are
the
same
in
this
ICR
as
in
the
previous
one.
This
ICR
estimates
that
there
will
be
about
1,375
certified
firms
on
average
in
EPA­
administered
areas,
and
an
average
of
3,370
in
non­
EPA
areas,
for
a
total
of
4,745.
The
previous
ICR
projected
1,170
firms
in
EPAadministered
areas
and
2,900
in
non­
EPA
areas,
for
a
total
of
about
4,070.
That
is
an
increase
of
about
16
percent.
The
percentage
burden
increase
in
burden
hours
was
a
bit
smaller
at
13
percent.
This
minor
discrepancy
was
probably
due
to
the
reduction
in
the
numbers
of
first­
time
certifications
after
the
initial
wave
associated
with
the
program
start­
up.
Except
for
that
small
discrepancy,
the
increase
in
the
total
burden
on
firms
is
due
to
a
larger
estimate
of
the
number
of
firms
engaged
in
abatement
activities.

The
burden
on
training
providers
is
a
small
part
of
the
overall
burden,
but
it
went
up
by
a
substantial
percentage.
This
is
due
to
the
fact
that
first­
time
accreditations
of
training
providers
are
running
at
a
higher
rate
in
the
EPA­
administered
areas
than
had
been
anticipated.

The
burden
on
States
has
gone
up
about
6
percent.
This
increase
is
primarily
due
to
the
increase
in
the
number
of
approved
State
and
Tribal­
administered
programs.
The
previous
ICR
was
based
on
an
assumption
of
32
approved
State
programs.
This
ICR
is
based
on
the
39
State
programs
that
were
projected
to
be
approved
by
the
fifth
year
of
this
ICR,
as
projected
in
the
Fees
Rule
EA.
This
is
a
close
match
to
the
39
States
and
three
Tribes
that
have
been
authorized
as
of
January
2004.
66
The
average
annual
cost
of
this
burden
is
about
$
15
million,
in
comparison
to
the
$
12
million
average
annual
cost
estimated
in
the
previous
ICR.
That
represents
an
increase
of
25
percent.
This
is
due
to
the
13
percent
increase
in
burden
hours
along
with
the
increase
in
hourly
labor
costs.

Notification
The
notification
portion
of
this
ICR
estimates
that
the
burden
on
training
providers,
firms,
and
States
will
be
roughly
22,000
to
23,000
hours
per
year.
The
previous
ICR
estimated
a
burden
of
about
18,000
to
20,000
hours
per
year.
Therefore
the
estimated
total
burden
for
these
activities
is
about
3,000
to
4,000
hours
more
per
year
than
the
earlier
ICR.
Since
the
burden
per
activity
or
event
was
assumed
to
be
the
same
in
both
ICRs,
this
difference
is
due
to
a
higher
estimate
of
the
number
of
expected
activities
or
events.
This
difference
is
in
turn
due
to
the
method
used
to
estimate
the
frequency
of
activities.
The
earlier
ICR
was
based
on
projections
made
prior
to
the
start
of
any
of
these
activities.
The
estimates
in
this
ICR
are
based
at
least
in
part
on
the
data
on
activities
that
EPA
has
accumulated
over
the
past
five
years.

6(
f)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0155,
is
estimated
to
range
between
0.4
hours
and
79.6
hours
per
response,
depending
on
the
type
of
respondent.
According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
in
title
40
of
the
CFR,
after
appearing
in
the
Federal
Register,
are
listed
in
40
CFR
part
9
and
included
on
the
related
collection
instrument
or
form,
if
applicable.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT­
2004­
0081,
which
is
available
for
public
viewing
at
the
Pollution
Prevention
and
Toxics
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1544
and
the
telephone
number
for
the
Pollution
Prevention
and
Toxics
Docket
is
(
202)
566­
0280.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
67
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPPT­
2004­
0081
and
OMB
control
number
2070­
0155
in
any
correspondence.
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.
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
3
Summary
of
Comments
Received
during
Consultation
TSCA
Sections
402/
404
ICR
Consultations
August
4­
6,
2004
EPA
consulted
with
the
following
types
of
respondents:

A:
recently
certified
individual
B:
recently
re­
certified
individual
C:
recently
certified
firm
D:
recently
re­
certified
firm
E:
recently
accredited
training
provider
F:
recently
re­
accredited
training
G:
authorized
state
EPA
asked
the
following
questions
of
each
respondent:

1)
Is
it
clear
to
you,
based
on
the
regulations,
that
you
are
required
to:

A,
B,
C,
D:
Apply
for
recertification
every
3
years,
maintain
records
for
3
years,
and
notify
EPA
prior
to
abatement
activities?
E
and
F:
Apply
for
reaccreditation
every
four
years,
maintain
records
for
3.5
years,
and
notify
EPA
prior
to
and
after
each
training
course?
G:
Report
to
EPA
annually
for
three
years,
and
biennially
after
that?

If
not,
what
suggestions
do
you
have
for
clarifying
the
instructions?

2)
Do
you
understand
which
of
these
may
be
submitted
electronically
(
at
your
option)?

Are
you
using
this
option?

If
not,
what
is
preventing
you
from
using
this
option?

For
other
types
of
submittals,
would
you
be
more
inclined
to
submit
CBI
on
diskette
than
on
paper?
What
benefits
would
you
realize
(
burden
reduction?
greater
efficiency
in
compiling
the
information?,
etc.)?

3)
Is
any
of
this
information
already
available
to
EPA
through
another,
publicly­
available
source?

4)
(
For
A­
F:)
Are
the
re­
application
procedures
clear?

Is
there
a
way
to
streamline
the
information
so
that
burden
can
be
further
minimized?

Could
EPA
lengthen
times
between
re­
applications
and
still
be
assured
of
the
integrity
of
our
program?
If
so,
how
can
this
be
assured?

5)
Are
EPA's
time
estimates
for
the
various
tasks
accurate?
(
See
tables
in
"
Burden
Roadmap,"
Attachment
4)

6)
Are
there
other
paperwork­
related
costs
that
should
be
accounted
for
that
may
have
been
missed?

(
Please
provide
a
explanation
of
how
you
arrived
at
your
estimate
of
burden
and
cost
if
substantially
different
than
EPA's
estimate.)

7)
Do
you
have
any
other
comments
on
the
ICR?

Responses
were
as
follows:

A.
Recently
certified
individual
Sylvia
N.
Benton
(
risk
assessor,
self­
employed)
5385
Servis
Road
Geneseo,
NY
14454
585­
243­
9074
1.
Yes,
the
requirements
are
clear.
2.
Yes,
she
understand
that
some
information
can
be
submitted
electronically
and
says
this
was
described
in
her
training
course.
3.
No.
4.
She
has
not
looked
at
the
re­
application
procedures
yet.
She
thinks
our
requirements
could
be
streamlined
by
allowing
people
to
send
the
application
and
check
to
one
address
rather
than
separate
addresses.
She
felt
this
added
time
and
confusion
to
the
process.
5.
She
believes
our
estimates
may
be
accurate
for
individuals
who
are
employed
by
a
firm,
but
were
too
low
in
her
case.
She
plans
on
working
for
herself
and
starting
her
own
company.
She
estimates
that
while
it
took
her
only
1
hour
to
complete
the
application
form,
it
involved
0.5
hours
of
copying
material
and
1.5
hours
of
travel
time
to
and
from
the
copy
center,
plus
1­
2
hours
of
finding
needed
documents
(
total
4­
5
hours).
6.
No,
except
for
additional
time
needed
because
of
communication
mishaps.
She
was
uncomfortable
about
submitting
her
social
security
number
and
therefore
left
it
out.
Her
application
was
therefore
incomplete
and
not
processed,
but
she
did
not
find
out
about
that
until
5
weeks
later
when
she
called
about
the
status.
At
that
time
she
submitted
her
social
security
number.
7.
Not
related
to
the
ICR,
but
she
feels
the
training
manuals
are
not
written
clearly
and
have
poor
phrasing.

B.
Recently
re­
certified
individual
Jeffrey
R.
Atwell
(
supervisor,
Orleans
Community
Action,
Inc.)
5426
Hill
Road
Albion,
NY
14411
585­
589­
1530
(
h)
585­
589­
5366x106
(
w)

1.
Yes,
the
requirements
are
clear.
2.
He
was
not
aware
the
some
submissions
may
be
made
electronically.
He
does
not
envision
submitting
things
electronically
because
he
rarely
does
abatements;
he
works
for
a
weatherization
company
but
is
trained
in
lead­
safe
work
practices
because
it
is
a
good
way
to
do
business.
3.
No,
the
information
is
not
available
to
EPA
from
another
source.
4.
Yes,
the
re­
application
procedures
are
clear,
and
he
can't
think
of
a
way
to
have
them
more
streamlined.
He
believes
that
the
three­
year
time
frame
is
appropriate.
5.
The
time
frames
listed
in
the
tables
are
accurate.
6.
No.
7.
No.

C.
Recently
certified
firm
Nick
DiNapoli
Twins
Electric
Corporation
460
Austin
Place
Bronx,
NY
10455
718­
292­
5536
officeservices@
twinselectric.
com
1.
Yes,
the
requirements
are
clear.
2.
He
was
aware
that
notifications
can
be
submitted
electronically,
and
planned
to
do
it,
but
wasn't
sure
how
(
resolved
during
call).
He
suggested
that
this
information
be
included
in
the
certification
letter.
3.
No,
the
information
is
not
available
to
EPA
from
another
source.
4.
The
procedures
are
clear
and
reasonable.
He
believes
that
a
three­
year
period
between
reapplications
is
fine,
but
that
a
two
years
period
would
be
better
because
of
advances
in
the
field,
the
need
to
stay
current,
etc.
5.
He
believes
the
time
listed
in
the
table
for
initial
certification
is
much
too
high,
and
estimates
that
it
took
him
only
two
hours
to
become
for
familiar
with
the
rule
and
to
complete
the
certification
application.
He
was
unable
to
comment
on
the
rest
of
the
table
because
he
had
only
recently
become
certified
and
had
not
done
any
jobs
yet.
6.
No.
7.
In
general,
he
thinks
it
is
a
good
program.
He
had
an
issue
with
getting
badges
for
his
certified
workers
(
resolved
during
call).
He
had
several
suggestions
regarding
training.
He
suggested
the
worker
training
be
simplified
somewhat
­
not
in
terms
of
needed
practices,
but
in
level
of
detail,
and
in
particular
mentioned
the
thick
course
book.
Also,
he
would
like
online
training,
preferably
as
a
substitute
for
the
some
or
all
of
the
course,
or
at
least
as
a
means
of
preparing
for
the
course
and
test.
He
believed
that
a
proctored
test
after
on­
line
training
would
work
well.

D.
Recently
re­
certified
firm
Tim
Kinnard
Kellco
Services,
Inc.
3137
Diablo
Avenue
Hayward,
CA
94545
510­
786­
9751
mailbox3137@
kellco.
com
1.
Yes,
the
requirements
are
clear.
2.
He
did
not
know
that
some
information
can
be
submitted
electronically,
and
suggests
that
a
link
on
EPA's
website
would
be
helpful.
3.
They
are
also
certified
in
California,
and
basic
information
about
their
company
(
name,
address,
phone
number,
etc.)
can
be
found
on
the
California
DHS
(
Department
of
Health
Services)
website.
In
this
limited
way,
however,
he
does
not
feel
it
is
inappropriate
or
overly
burdensome
for
EPA
to
collect
this
information
independently
(
he
does
have
other
comments
about
how
EPA
could
work
more
efficiently
with
States,
however;
see
response
7).
4.
Most
of
the
procedures
are
clear.
He
would
like
to
see
improved
specificity
in
the
descriptions
of
acceptable
required
refresher
training.
He
does
not
believe
that
timing
between
re­
applications
should
be
lengthened,
and
would
be
amenable
to
shorter
time
frames
if
training
and
other
requirements
could
be
streamlined.
For
instance,
he
suggests
that
EPA
link
its
renewal
dates
to
California,
which
has
a
two­
year
re­
certification
period.
Again
see,
additional
comments
in
response
7.
5.
Yes,
or
possibly
too
high.
They
estimate
that
it
took
approximately
30
minutes
to
gather
information
necessary
for
re­
certification
and
to
complete
and
submit
the
forms.
For
refresher
training
however,
they
believe
it
took
longer
than
necessary
because
it
was
difficult
for
them
to
find
available
trainers,
and
suggest
that
EPA
(
Fed
gov't)
do
a
better
job
of
keeping
the
website
up­
to­
date.
6.
No.
7.
He
felt
EPA's
program
did
not
dovetail
well
enough
with
the
State
of
California's
program.
First,
even
though
they
are
required
to
take
very
detailed
training
for
California's
program,
they
still
had
to
take
additional
training
(
in
New
Mexico)
to
satisfy
EPA
requirements
­
even
though
the
California
course
covered
everything
in
the
EPA
course.
He
believes
that
EPA
should
accept
training
from
any
accredited
State
(
since
State
requirements
must
be
more
protective
than
EPA),
although
he
does
understand
and
is
agreeable
to
sending
separate
applications
and
fees
directly
to
EPA.
In
addition,
he
feels
that
EPA's
enforcement
program
in
New
Mexico
is
very
much
lacking,
particularly
as
is
might
affect
non­
certified
firms.
He
believes
that
EPA
should
increase
fees
and
use
the
money
to
pay
for
enforcement.

E.
Recently
accredited
training
provider
David
Lawson
(
took
over
from
Emil
Lippert)
Carpenters
International
Training
Fund
6801
Placid
Street
Las
Vagas,
NV
89119
702­
938­
1111
They
no
longer
do
training
because
requirements
were
too
onerous,
particularly
because
they
were
trying
to
work
in
all
50
states
and
there
were
too
many
varying
requirements
between
states
­
too
hard
to
keep
straight.

Errol
D.
Lee
Hawaii
Laborers'
Training
Program
96­
138
Farrington
Highway
Pearl
City,
HI
96782
808­
455­
7979
elee@
hiltp.
org
1.
Yes,
the
requirements
are
clear.
2.
Yes,
he
understands
that
information
may
be
submitted
electronically,
but
he
does
not
currently
do
so.
He
suggests
that
more
instruction
be
available
on
how
to
do
this.
3.
No,
the
information
is
not
available
to
EPA
from
another
source.
4.
He
hasn't
focused
on
re­
accreditation
yet
but
expects
that
the
process
and
requirements
will
be
much
simpler.
Timing
is
acceptable.
5.
It
was
difficult
for
him
to
estimate
the
time
for
individual
(
or
collective)
tasks
because
the
entire
process
took
over
four
years.
It
was
made
more
difficult
because
of
communication
difficulties
arising
from
the
distance
to
the
continental
US,
differences
in
time
zones,
etc.
6.
No,
except
that
he
was
unsure
if
the
estimates
accounted
for
the
need
to
rewrite
portions
of
the
application
package
(
again,
it
was
difficult
for
him
to
estimate
time
spent
because
of
the
long
overall
period
it
took
for
him
to
become
accredited).
7.
Not
really
regarding
the
ICR,
but
he
thought
that
the
accreditations
fees
were
excessive.
He
felt
that
he
shouldn't
have
to
pay
fees
at
all,
because
this
is
a
government
program
and
he
already
pays
taxes.
He
felt
the
fees
were
particularly
burdensome
to
him
as
a
non­
profit.

F.
Recently
re­
accredited
training
provider
Mark
and
Julie
Hahn
Environmental
Training
Fund
Ft.
Lauderdale,
FL
33311
800­
966­
9933
mark@
seagulltraining.
com
1.
Yes,
requirements
are
clear.
EPA's
internal
review
process
was
not
clear
at
time
of
initial
accreditation,
but
the
re­
accreditation
process
was
clear
and
proceeded
smoothly.
2.
Yes,
they
are
aware
of
the
option
to
submit
electronically,
and
are
working
on
a
new
program
which
will
enable
them
to
communicate
with
their
clients
and
with
EPA
more
efficiently.
No
CBI
is
involved
in
their
submissions.
3.
No,
the
information
is
not
available
to
EPA
from
another
source.
4.
The
re­
application
process
was
clear.
They
feel
the
re­
application
information
requirements
are
already
streamlined
and
the
time
frames
are
appropriate.
5.
Yes.
6.
No.
7.
Not
really
regarding
the
ICR,
but
they
thought
it
would
be
helpful
if
EPA
had
a
system
in
place
for
notifying
training
providers
approximately
1­
2
months
before
their
accreditation
expires
that
they
need
to
be
re­
accredited.

G.
Recently
authorized
state
Adrienne
White
Acting
Program
Manager
State
of
Tennessee
615­
532­
0885
1.
Yes,
the
requirements
are
clear.
They
are
currently
reporting
annually,
but
have
been
authorized
since
2001
and
therefore
will
be
moving
towards
biennial
reporting
shortly.
2.
She
does
not
believe
that
electronic
reporting
is
an
option
for
her
now,
but
would
be
interested
in
this
if
it
were
in
effect.
3.
The
information
is
generally
not
available
publicly
in
detail,
but
she
would
be
open
to
discussing
with
EPA
how
this
could
be
made
available.
For
instance,
Tennessee's
website
now
lists
the
total
number
of
certifications,
but
could
easily
also
list
number
of
certifications
in
a
given
time
period,
number
of
projects,
etc.,
so
that
EPA
would
be
able
to
get
the
information
by
just
checking
their
website.
4.
All
ok,
except
for
possible
streamlining
option
described
in
#
3
above.
5.
Initial
and
re­
certification
time
estimates
for
individuals
and
firms
are
too
high
­
she
estimates
approximately
1­
2
hours
in
total
for
each.
For
initial
accreditation
of
training
providers,
EPA's
estimate
is
correct
if
the
trainer
is
using
EPA's
manual.
The
time
needed
would
be
higher
(
80
hours)
if
trainers
use
their
own
manual
(
although
much
of
this
is
not
reporting
or
record­
keeping
burden).
For
re­
certification
of
training
providers,
EPA's
estimate
is
slightly
higher
than
they
have
experienced
(
15
hours
total).
6.
No.
7.
She
believes
that
believes
that
burden
would
be
further
minimized
if
EPA
could
provide
a
2­
year
grant
period
rather
than
the
current
1­
year
grant
period.
This
would
provide
her
with
more
time
for
planning
and
assessment
as
well.
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
4
Roadmap
for
the
TSCA
Sections
402/
404
ICR
Renewal
Burden
Estimation
Joseph
M.
Callahan
US
EPA
OPPT/
EETD/
EPAB
August
4,
2004
Roadmap
for
the
TSCA
Sections
402/
404
ICR
Renewal
Burden
Estimation
This
ICR
combines
what
had
been
two
separate
ICRs,
one
covering
training
and
accreditation
and
certification,
and
the
other
covering
notification.

This
is
the
older
main
piece:

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

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

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

This
is
the
notification
piece
that
was
added:
"
Specifically,
this
proposal
seeks
to
establish
procedures
to
notify
the
Agency
prior
to
commencement
of
lead­
based
paint
abatement
activities
as
required
by
40
CFR
745.227(
e)(
4).
In
addition,
this
proposal
seeks
to
establish
provisions
which
would
require
training
programs
accredited
under
40
CFR
745.225
to
notify
the
Agency
under
the
following
conditions:
1)
prior
to
providing
lead­
based
paint
activities
training
courses,
and
2)
following
completion
of
lead­
based
paint
activities
training
courses.
These
notification
requirements
are
necessary
to
provide
EPA
compliance
monitoring
and
enforcement
personnel
with
information
necessary
to
track
compliance
activity
and
to
prioritize
inspections."
Accreditation
and
Certification
Annual
Burden
and
Cost,
Year
2004/
2005
Burden
Hours
Costs
Percentage
of
total
burden
Percentage
of
total
cost
Accreditation
and
Certification
Burden
and
Cost
Training
Providers
1,329
$
53,973
0.3
%
0.4
%
Firms
Performing
Lead­
based
Paint
Activities
351,764
$
12,607,247
81.6
%
82.3
%

Individuals
7,026
$
227,618
1.6
%
1.5
%
States
48,813
$
1,858,856
11.3
%
12.1
%
Total
408,932
$
14,747,694
94.8
%
96.3
%
Notification
Burden
and
Cost
Burden
Hours
Costs
Training
Providers
1,351
$
32,936
0.3
%
0.2
%
Firms
Performing
Lead­
based
Paint
Activities
16,284
$
428,516
3.8%
2.8%

States
4,730
$
107,944
1.1
%
0.7
%
Total
22,365
$
569,396
5.2
%
3.7
%

Over­
all
Total
431,297
$
15,317,090
100.0%
100.0%

That
summary
indicates
that
the
lion's
share
of
the
burden
and
costs
are
associated
with
the
accreditation
and
certification
activities
of
firms
that
perform
lead­
based
paint
activities.
The
average
burden
per
firm
is
around
80
hours
per
year.
The
overwhelming
majority
of
that
burden
(
by
our
calculations)
is
due
to
the
time
needed
for
required
activities
in
target
housing.
The
analysis
estimates
that
the
average
firm
expends
30
hours
per
year
doing
risk
assessment
and
lead
hazard
screen
reports;
14
hours
on
occupant
protection
plans;
and
28
hours
on
post­
abatement
reports.
These
three
tasks
require
72
hours
or
about
90
percent
of
the
total
burden
on
firms.

There
are
three
components
involved
in
the
burden
and
cost
estimates:
the
number
of
events;
the
time
required
per
event;
and
the
dollar
cost
per
hour
or
wage.
An
individual
firm
is
unlikely
to
be
able
to
estimate
the
total
number
of
events
over
the
entire
country
so
there
is
no
reason
to
ask
that
question
(
at
least
for
the
purpose
of
improving
the
burden
estimate).
An
individual
firm
or
a
sample
of
nine
firms
is
not
likely
to
allow
us
to
improve
the
wage­
rates
that
are
estimated
by
the
BLS
so
there
is
no
reason
to
ask
that
question
either.
The
one
thing
that
we
can
ask
about
that
may
have
the
potential
to
improve
the
burden
estimate
is
the
time
required
for
activities
in
target
housing,
and
in
particular
the
time
required
to
do
risk
assessments
and
to
do
post­
abatement
reports.

The
total
burden
hour
estimates
for
the
target­
housing
related
tasks
are
based
on
estimates
of
the
number
of
those
events
and
the
time
required
per
event.
The
estimated
time
for
the
major
tasks
are
as
follows:
1.86
hours
to
prepare
a
risk
assessment
and
lead
hazard
screen
report;
0.5
hours
to
handle
pre­
abatement
notification;
one
hour
for
preparing
the
occupant
protection
plan,
and
two
hours
to
prepare
a
post­
abatement
report.
The
time
estimates
include
time
needed
for
collecting
samples
and
any
other
required
information.
These
times
are
drawn
from
the
analysis
done
to
support
the
original
rule
that
went
final
in
1996.
Unfortunately,
that
analysis
does
not
indicate
exactly
how
those
times
were
estimated.
Hazard
screen
and
risk
assessment
=
37
percent
of
incremental
burden
Occupant
protection
plans
=
17
percent
of
incremental
burden
Post­
abatement
reports
=
35
percent
of
incremental
burden
Inspection
The
rule
requirements
add
no
additional
time
beyond
current
industry
practice.

Lead
hazard
screen
and
risk
assessment.

A
lead
hazard
screen
is
expected
to
require
two
dust
samples
and
one
hour
for
single
family
units,
and
four
dust
samples
and
two
hours
for
multi­
family
units.

For
units
in
bad
condition,
a
risk
assessment
is
recommended.
This
entails
an
additional
two
samples
and
one
hour
over
the
requirements
of
a
lead
hazard
screen.

These
two
items
were
combined
on
the
basis
of
a
weighted
average,
based
on
an
estimate
of
the
prevalence
of
deteriorated
lead
paint.
The
weights
were
76.1
percent
lead
hazard
screens
and
23.9
percent
risk
assessments.

I
presume
that
the
analysis
must
have
also
done
a
weighted
average
over
single
family
units
and
multi­
family
units,
but
I
have
not
yet
seen
a
reference
to
the
weights.

Subsequent
ICRs
have
used
a
figure
of
1.86
hours
for
this
category,
which
I
assume
reflects
both
the
weighing
according
to
both
those
factors.
I
have
not
yet
found
an
explicit
statement
or
calculation
to
support
that
assumption.

Abatement
In
target
housing,
preparation
of
the
occupant
protection
plan
by
a
project
designer
is
expected
to
take
one
hour.
Post­
abatement
clearance
work
done
by
a
risk
assessor
is
estimated
to
take
two
hours.

In
child­
occupied
facilities,
preparation
of
the
occupant
protection
plan
by
a
project
designer
is
expected
to
take
two
hour.
Post­
abatement
clearance
work
done
by
a
risk
assessor
is
estimated
to
take
four
hours.

These
assumptions
are
based
on
"
discussions
with
industry
and
the
data
presented
in
the
OSHA
analysis
..."

In
the
case
of
a
child­
occupied
facility,
pre­
abatement
notification
is
required.
This
is
expected
to
require
one
hour.

The
analysis
assumes
that
there
are
no
incremental
costs
associated
with
respect
to
work
practices.
The
main
requirement
is
the
substitution
of
other
methods
for
dry
scraping,
which
is
expected
to
increase
costs
by
a
negligible
amount.
Soil
Abatement
Post­
abatement
clearance
for
soil
abatement
is
expected
to
take
two
hours
for
target
housing
and
four
hours
for
child­
occupied
facilities.

The
following
tables
are
taken
from
the
current
ICR
renewal
analysis.
They
provide
additional
information
on
the
sources
of
burden,
but
do
not
include
the
cost
estimates.
The
first
set
of
tables
cover
the
reporting
and
recordkeeping
burden
while
the
second
set
cover
notification.

Exhibit
6.1.
Training
Providers:
Reporting
and
Recordkeeping
Burden
Estimates
Burden
Element
Professional
Hours
Clerical
Hours
Burden
Hours
Per
Training
Provider
Accreditation
Rule
Familiarization
8.00
0.00
8.00
Accreditation
Statement
7.60
2.00
9.60
Quality
Control
Plan
8.00
2.00
10.00
Annual
Burden
Recordkeeping
0.00
0.81
0.81
Re­
accreditation
Burden
(
In
Addition
to
the
Annual
Burden)
Re­
accreditation
3.80
1.00
4.80
Audit*
0.20
0.40
0.60
Burden
Per
Training
Provider
Year
of
Initial
Accreditation
28.41
Second,
Third,
and
Fourth
Year
of
Operation
0.81
Year
of
Accreditation
Renewal
6.21
Training
Providers
Per
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
New
Accreditations
4
4
4
18
18
18
Second
Year
Cohort
37
37
37
85
47
21
Third
Year
Cohort
36
36
36
65
64
35
Fourth
Year
Cohort
36
36
36
5
49
48
Accreditation
renewals
34
34
34
45
10
104
Burden
Per
Year
State­
Administered
Entities
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Burden
Hours
413
413
413
916
703
1241
Burden
Summary
Per
Year
2004/
2005
2005/
2006
2006/
2006
Total
Burden
Hours
1329
1116
1654
*
This
analysis
assumes
that
10
percent
of
all
programs
applying
for
re­
accreditation
will
be
audited.
Estimates
of
burden
hours
per
event
taken
from
the
Fees
Rule
EA
and
the
previous
ICR
renewal.
Exhibit
6.2.
Firms:
Reporting
and
Recordkeeping
Burden
Estimates
Category
Number
of
Events
per
Firm
Reporting
Burden
per
event
Professional
Burden
per
firm
Recordkeeping
Burden
Per
Report
Clerical
Burden
per
firm
Burden
Hours
Per
Firm
Certification
Rule
familiarization
1.00
6.00
6.00
0.000
0.000
6.00
Certification
letter
1.00
1.5*
1.50
0.008
0.008
1.51
*
Includes
0.5
hours
clerical
time.

Target
Housing
(
including
soil
abatements)
Risk
assessment
and
lead
hazard
screen
reports
16.11
1.86
29.96
0.008
0.134
30.09
Pre­
abatement
notifications
4.51
0.50
2.25
0.008
0.037
2.29
Occupant
protection
plan
13.97
1.00
13.97
0.008
0.116
14.08
Post­
abatement
reports
13.97
2.00
27.94
0.008
0.000
27.94
Child­
Occupied
Facilities
(
including
soil
abatements)
Risk
assessment
reports
0.12
1.09
0.14
0.008
0.001
0.14
Pre­
abatement
notifications
0.12
0.50
0.06
0.008
0.001
0.06
Occupant
protection
plan
0.12
1.00
0.12
0.008
0.001
0.13
Post­
abatement
reports
0.12
2.00
0.25
0.008
0.001
0.25
Burden
per
Firm
Firms
in
year
of
initial
certification
82.49
Firms
in
second­
year
cohort
74.98
Firms
in
third­
year
cohort
74.98
Firms
in
year
of
re­
certification
76.49
Firms
per
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Initial
certification
year
216
216
216
200
200
200
Second
year
cohort
1121
1121
1121
449
373
547
Third
year
cohort
1050
1050
1050
410
421
349
Re­
certifying
firms
982
982
982
198
384
394
Burden
per
Year
State­
Administered
Entities
EPA­
Administered
Entities
Burden
in
hours
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Initial
certification
year
17,818
17,818
17,818
16,498
16,498
16,498
Second
year
cohort
84,053
84,053
84,053
33,666
27,968
41,014
Third
year
cohort
78,729
78,729
78,729
30,742
31,567
26,168
Recertifying
firms
75,113
75,113
75,113
15,145
29,372
30,137
Total
burden
per
year
255,713
255,713
255,713
96,051
105,405
113,817
Burden
Summary
by
Year
2004/
2005
2005/
2006
2006/
2007
Total
Burden
Hours
351,764
361,118
369,530
Exhibit
6.3.
Individual:
Reporting
and
Recordkeeping
Burden
Estimates
Inspectors,
Risk
Assessors
and
Supervisors
Workers
and
Project
Designers
Year
of
Initial
Certification
1.0
0.5
Second
and
Third
Year
of
Operation
0.0
0.0
Year
of
Certification
Renewal
1.0
0.5
Individuals
per
Calender
Year
Number
of
State­
Administered
Entities
Number
of
EPA­
Administered
Entities
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
Inspectors
Initial
certification
624
624
624
177
177
177
Year
2
cohort
524
524
524
157
145
145
Year
3
cohort
330
330
330
83
99
91
Certification
renewal
208
208
208
53
53
63
Risk
Assessors
Initial
certification
1,168
1,168
1,168
331
331
331
Year
2
cohort
981
981
981
295
272
271
Year
3
cohort
618
618
618
156
186
171
Certification
renewal
389
389
389
100
98
117
Supervisors
Initial
certification
1,178
1,178
1,178
335
335
335
Year
2
cohort
990
990
990
297
274
273
Year
3
cohort
624
624
624
157
187
173
Certification
renewal
393
393
393
100
99
118
Workers
Initial
certification
2,240
2,240
2,240
636
636
636
Year
2
cohort
1,882
1,882
1,882
565
521
520
Year
3
cohort
1,186
1,186
1,186
299
356
328
Certification
renewal
747
747
747
191
189
224
Project
Designers
Initial
certification
74
74
74
21
21
21
Year
2
cohort
62
62
62
19
17
17
Year
3
cohort
39
39
39
10
12
11
Certification
renewal
24
24
24
6
6
7
Burden
per
Year
2004/
2005
2005/
2006
2006/
2007
Inspectors
1062
1062
1072
Risk
Assessors
1988
1986
2005
Supervisors
2006
2005
2024
Workers
1907
1906
1923.5
Project
Designers
62.5
62.5
63
Total
Individual
Burden
Hours
7025.5
7021.5
7087.5
Exhibit
6.4.
State:
Reporting
and
Recordkeeping
Burden
Estimates
State
Program
Administration
Burden
per
Entity
Type
Clerical
Hours
Technical
Hours
Managerial
Hours
Certify
Re­
certify
Certify
Re­
certify
Certify
Re­
certify
Training
Providers
3.36
1.40
28.37
10.13
8.93
7.63
Firms
0.61
0.44
4.73
4.25
2.90
2.90
Individuals
1.56
1.36
3.15
1.80
1.32
0.76
Entities
per
Year
Number
of
Activities
in
State
and
Tribal­
Administered
Areas
2004/
2005
2005/
2006
2006/
2007
Training
Providers
Accreditations
4
4
4
Re­
accreditations
34
34
34
Firms
Initial
certifications
216
216
216
Renewals
982
982
982
Individuals
Initial
certifications
5,284
5,284
5,284
Renewals
1,761
1,761
1,761
State
Program
Administration
Burden
per
Year
State
Burden
by
Entity
Type
2004/
2005
2005/
2006
2006/
2007
Training
Providers
814
814
814
Firms
9,233
9,233
9,233
Individuals
38,766
38,766
38,766
Total
State
Burden
Hours
48,813
48,813
48,813
Exhibit
6.5.
Training
Providers:
Notification
Burden
Estimates
Burden
Summary
Per
Year
Category
Events
per
Training
Provider
Reporting
Hours/
Event
Recordkeeping
Hours/
Event
Total
Hours/
Event
2004/
2005
2005/
2006
2006/
2007
Notification
Pre­
notification
2.16
2.35
2.13
0.15
0.01
0.16
Re­
notification
.19
.21
.19
0.15
0.01
0.16
Post­
notification
2.16
2.35
2.13
1.54
0.01
1.54
Annual
Total
4.51
4.91
4.45
Burden
Hours
per
Training
Provider
2004/
2005
2005/
2006
2006/
2007
3.70
4.03
3.65
Training
Providers
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
147
147
147
218
188
226
Total
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
1,351
1,350
1,361
Exhibit
6.6.
Firms:
Notification
Burden
Estimates
Category
Events
per
Firm
Reporting
Hours/
Event
Record
keeping
Hours/
Event
Hours
per
Firm
Notification
Pre­
notification
14.09
0.22
0.01
3.23
Re­
notification
1.27
0.22
0.01
0.29
Annual
Total
15.36
0.22
0.01
3.52
Firms
per
Year
State­
Administered
EPA­
Administered
2004/
2005
2005/
2006
2006/
2007
2004/
2005
2005/
2006
2006/
2007
3,369
3,369
3,369
1,257
1,378
1,490
Total
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
16,284
16,709
17,104
Exhibit
6.7.
States:
Notification
Burden
Estimates
Category
Notifications
per
Entity
Clerical
Hours/
Notification
2004/
2005
2005/
2006
2006/
2007
Notification
Firms
15.36
15.36
15.36
0.09
Training
Providers
4.51
4.91
4.45
0.11
Entities
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
3,369
3,369
3,369
Training
Providers
147
147
147
Notification
Burden
Hours
per
Year
2004/
2005
2005/
2006
2006/
2007
Firms
4,657
4,657
4,657
Training
Providers
73
79
72
Total
Burden
4,730
4,736
4,729
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
5
Accreditation
Application
for
Training
Programs
and
Instructions
for
Training
Providers
Applying
for
Accreditation
of
Lead­
Based
Paint
Activity
Training
Programs
EPA
Form
8500­
25
(
Copies
of
the
application
form
and
its
instructions
are
available
at
http://
www.
epa.
gov/
lead/
trainapp.
pdf
and
http://
www.
epa.
gov/
lead/
traininst.
pdf,
respectively)
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
6
Application
for
Firms
to
Conduct
Lead­
Based
Paint
Activities
and
Instructions
for
Firms
Applying
for
Certification
to
Conduct
Lead­
Based
Paint
Activities
EPA
Form
8500­
27
(
Copies
of
the
application
form
and
its
instructions
are
available
at
http://
www.
epa.
gov/
lead/
firmapp.
pdf
and
http://
www.
epa.
gov/
lead/
firminst.
pdf,
respectively)
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
7
Application
for
Individuals
to
Conduct
Lead­
Based
Paint
Activities
and
Instructions
for
Individuals
Applying
for
Certification
to
Conduct
Lead­
Based
Paint
Activities
EPA
Form
8500­
28
(
Copies
of
the
application
form
and
its
instructions
are
available
at
http://
www.
epa.
gov/
lead/
indapp.
pdf
and
http://
www.
epa.
gov/
lead/
indinst.
pdf,
respectively)
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
8
Lead­
Based
Paint
Activities
Training
Notification
(
A
copy
of
this
form
is
available
at
http://
epa.
gov/
lead/
form%
202%
20­%
20pre­
training.
pdf)
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
9
Lead­
Based
Paint
Activities
Post­
Training
Notification
(
A
copy
of
this
form
is
available
at
http://
epa.
gov/
lead/
form3%
20­%
20post­
training.
pdf)
EPA
ICR
No.
1715.06;
OMB
Control
No.
2070­
0155
ATTACHMENT
10
Notification
of
Lead­
Based
Paint
Abatement
Activities
(
A
copy
of
this
form
is
available
at
http://
epa.
gov/
lead/
form1%
20­%
20abatement.
pdf)
