ATTACHMENT
A
TSCA
Section
402
15
U.
S.
C.
2682
§
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.
ATTACHMENT
B
Electronic
Code
of
Federal
Regulations
(
e­
CFR)

BETA
TEST
SITE
e­
CFR
Data
is
current
as
of
November
18,
2004
TITLE
40­­
Protection
of
Environment
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
SUBCHAPTER
R­­
TOXIC
SUBSTANCES
CONTROL
ACT
PART
745
 
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES
Subpart
L
 
Lead­
Based
Paint
Activities
Source:
61
FR
45813,
Aug.
29,
1996,
unless
otherwise
noted.

§
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
§
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
§
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.

§
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
paint
and
dust,
the
permanent
enclosure
or
encapsulation
of
lead­
based
paint,
the
replacement
of
painted
surfaces
or
fixtures,
or
the
removal
or
permanent
covering
of
soil,
when
lead­
based
paint
hazards
are
present
in
such
paint,
dust
or
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
§
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
§
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.

Business
day
means
Monday
through
Friday
with
the
exception
of
Federal
holidays.

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
§
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
§
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
§
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
§
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
§
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
§
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
?
g/
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
§
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
§
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
activities
courses
means
initial
and
refresher
training
courses
(
worker,
supervisor,
inspector,
risk
assessor,
project
designer)
provided
by
accredited
training
programs.

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
hazard
screen
is
a
limited
risk
assessment
activity
that
involves
limited
paint
and
dust
sampling
as
described
in
§
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.

Start
date
means
the
first
day
of
any
lead­
based
paint
activities
training
course
or
lead­
based
paint
abatement
activity.

Start
date
provided
to
EPA
means
the
start
date
included
in
the
original
notification
or
the
most
recent
start
date
provided
to
EPA
in
an
updated
notification.

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.

Training
provider
means
any
organization
or
entity
accredited
under
§
745.225
to
offer
lead­
based
paint
activities
courses.

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;
66
FR
1239,
Jan.
5,
2001;
69
FR
18495,
Apr.
8,
2004]

§
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
§
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
profiency
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
§
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.

(
13)
The
training
manager
must
provide
notification
of
lead­
based
paint
activities
courses
offered.

(
i)
The
training
manager
must
provide
EPA
with
notification
of
all
lead­
based
paint
activities
courses
offered.
The
original
notification
must
be
received
by
EPA
at
least
7
business
days
prior
to
the
start
date
of
any
lead­
based
paint
activities
course.

(
ii)
The
training
manager
must
provide
EPA
updated
notification
when
lead­
based
paint
activities
courses
will
begin
on
a
date
other
than
the
start
date
specified
in
the
original
notification,
as
follows:

(
A)
For
lead­
based
paint
activities
courses
beginning
prior
to
the
start
date
provided
to
EPA,
an
updated
notification
must
be
received
by
EPA
at
least
7
business
days
before
the
new
start
date.

(
B)
For
lead­
based
paint
activities
courses
beginning
after
the
start
date
provided
to
EPA,
an
updated
notification
must
be
received
by
EPA
at
least
2
business
days
before
the
start
date
provided
to
EPA.

(
iii)
The
training
manager
must
update
EPA
of
any
change
in
location
of
lead­
based
paint
activities
courses
at
least
7
business
days
prior
to
the
start
date
provided
to
EPA.

(
iv)
The
training
manager
must
update
EPA
regarding
any
course
cancellations,
or
any
other
change
to
the
original
notification.
Updated
notifications
must
be
received
by
EPA
at
least
2
business
days
prior
to
the
start
date
provided
to
EPA.

(
v)
Each
notification,
including
updates,
must
include
the
following:

(
A)
Notification
type
(
original,
update,
cancellation).

(
B)
Training
program
name,
EPA
accreditation
number,
address,
and
telephone
number.

(
C)
Course
discipline,
type
(
initial/
refresher),
and
the
language
in
which
instruction
will
be
given.

(
D)
Date(
s)
and
time(
s)
of
training.

(
E)
Training
location(
s)
telephone
number,
and
address.

(
F)
Principal
instructor's
name.

(
G)
Training
manager's
name
and
signature.

(
vi)
Notification
must
be
accomplished
using
any
of
the
following
methods:
Written
notification,
or
electronically
using
the
Agency's
Central
Data
Exchange
(
CDX).
Written
notification
of
lead­
based
paint
activities
course
schedules
can
be
accomplished
by
using
either
the
sample
form
titled
"
Lead­
Based
Paint
Activities
Training
Course
Schedule"
or
a
similar
form
containing
the
information
required
in
paragraph
(
c)(
13)(
v)
of
this
section.
All
written
notifications
must
be
delivered
by
U.
S.
Postal
Service,
fax,
commercial
delivery
service,
or
hand
delivery
(
persons
submitting
notification
by
U.
S.
Postal
Service
are
reminded
that
they
should
allow
3
additional
business
days
for
delivery
in
order
to
ensure
that
EPA
receives
the
notification
by
the
required
date).
Instructions
and
sample
forms
can
be
obtained
from
the
NLIC
at
1
 
800
 
424
 
LEAD(
5323),
or
on
the
Internet
at
http://
www.
epa.
gov/
lead.

(
vii)
Lead­
based
paint
activities
courses
must
not
begin
on
a
date,
or
at
a
location
other
than
that
specified
in
the
original
notification
unless
an
updated
notification
identifying
a
new
start
date
or
location
is
submitted,
in
which
case
the
course
must
begin
on
the
new
start
date
and/
or
location
specified
in
the
updated
notification.

(
viii)
No
training
program
shall
provide
lead­
based
paint
activities
courses
without
first
notifying
EPA
of
such
activities
in
accordance
with
the
requirements
of
this
paragraph.

(
14)
The
training
manager
must
provide
notification
following
completion
of
lead­
based
paint
activities
courses.

(
i)
The
training
manager
must
provide
EPA
notification
after
the
completion
of
any
lead­
based
paint
activities
course.
This
notice
must
be
received
by
EPA
no
later
than
10
business
days
following
course
completion.

(
ii)
The
notification
must
include
the
following:
(
A)
Training
program
name,
EPA
accreditation
number,
address,
and
telephone
number.

(
B)
Course
discipline
and
type
(
initial/
refresher).

(
C)
Date(
s)
of
training.

(
D)
The
following
information
for
each
student
who
took
the
course:

(
1)
Name.

(
2)
Address.

(
3)
Date
of
birth.

(
4)
Course
completion
certificate
number.

(
5)
Course
test
score.

(
E)
Training
manager's
name
and
signature.

(
iii)
Notification
must
be
accomplished
using
any
of
the
following
methods:
Written
notification,
or
electronically
using
the
Agency's
Central
Data
Exchange
(
CDX).
Written
notification
following
lead­
based
paint
activities
training
courses
can
be
accomplished
by
using
either
the
sample
form
titled
"
Lead­
Based
Paint
Activities
Training
Course
Follow­
up"
or
a
similar
form
containing
the
information
required
in
paragraph
(
c)(
14)(
ii)
of
this
section.
All
written
notifications
must
be
delivered
by
U.
S.
Postal
Service,
fax,
commercial
delivery
service,
or
hand
delivery
(
persons
submitting
notification
by
U.
S.
Postal
Service
are
reminded
that
they
should
allow
3
additional
business
days
for
delivery
in
order
to
ensure
that
EPA
receives
the
notification
by
the
required
date).
Instructions
and
sample
forms
can
be
obtained
from
the
NLIC
at
1
 
800
 
424
 
LEAD(
5323),
or
on
the
Internet
at
http://
www.
epa.
gov/
lead.

(
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
§
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)(
14)
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
§
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;
69
FR
18495,
Apr.
8,
2004]

§
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
§
745.227.
(
5)
It
shall
be
a
violation
of
TSCA
for
an
individual
to
conduct
any
of
the
lead­
based
paint
activities
described
in
§
745.227
after
March
1,
2000,
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
§
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
March
1,
2000,
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
being
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
§
745.238.

(
f)
Certification
of
firms.
(
1)
All
firms
which
perform
or
offer
to
perform
any
of
the
lead­
based
paint
activities
described
in
§
745.227
after
March
1,
2000,
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
§
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
§
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
§
745.238.

(
7)
To
maintain
certification
a
firm
shall
submit
appropriate
fees
in
accordance
with
§
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
§
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
§
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;
64
FR
42851,
Aug.
6,
1999]

§
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,
2000,
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
quidelines.

(
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
Contaminiated
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)
The
following
surfaces
which
are
determined,
using
documented
methodologies,
to
have
a
distinct
painting
history,
shall
be
tested
for
the
presence
of
lead:

(
i)
Each
friction
surface
or
impact
surface
with
visibly
deteriorated
paint;
and
(
ii)
All
other
surfaces
with
visibly
deteriorated
paint.

(
5)
In
residential
dwellings,
dust
samples
(
either
composite
or
single­
surface
samples)
from
the
interior
window
sill(
s)
and
floor
shall
be
collected
and
analyzed
for
lead
concentration
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,
interior
window
sill
and
floor
dust
samples
(
either
composite
or
single­
surface
samples)
shall
be
collected
and
analyzed
for
lead
concentration
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,
interior
window
sill
and
floor
dust
samples
(
either
composite
or
single­
surface
samples)
shall
be
collected
and
analyzed
for
lead
concentration
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
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)
The
rest
of
the
yard
(
i.
e.,
non­
play
areas)
where
bare
soil
is
present.

(
iii)
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)
A
certified
firm
must
notify
EPA
of
lead­
based
paint
abatement
activities
as
follows:
(
i)
Except
as
provided
in
paragraph
(
e)(
4)(
ii)
of
this
section,
EPA
must
be
notified
prior
to
conducting
lead­
based
paint
abatement
activities.
The
original
notification
must
be
received
by
EPA
at
least
5
business
days
before
the
start
date
of
any
lead­
based
paint
abatement
activities.

(
ii)
Notification
for
lead­
based
paint
abatement
activities
required
in
response
to
an
elevated
blood
lead
level
(
EBL)
determination,
or
Federal,
State,
Tribal,
or
local
emergency
abatement
order
should
be
received
by
EPA
as
early
as
possible
before,
but
must
be
received
no
later
than
the
start
date
of
the
lead­
based
paint
abatement
activities.
Should
the
start
date
and/
or
location
provided
to
EPA
change,
an
updated
notification
must
be
received
by
EPA
on
or
before
the
start
date
provided
to
EPA.
Documentation
showing
evidence
of
an
EBL
determination
or
a
copy
of
the
Federal/
State/
Tribal/
local
emergency
abatement
order
must
be
included
in
the
written
notification
to
take
advantage
of
this
abbreviated
notification
period.

(
iii)
Except
as
provided
in
paragraph
(
e)(
4)(
ii)
of
this
section,
updated
notification
must
be
provided
to
EPA
for
lead­
based
paint
abatement
activities
that
will
begin
on
a
date
other
than
the
start
date
specified
in
the
original
notification,
as
follows:

(
A)
For
lead­
based
paint
abatement
activities
beginning
prior
to
the
start
date
provided
to
EPA
an
updated
notification
must
be
received
by
EPA
at
least
5
business
days
before
the
new
start
date
included
in
the
notification.

(
B)
For
lead­
based
paint
abatement
activities
beginning
after
the
start
date
provided
to
EPA
an
updated
notification
must
be
received
by
EPA
on
or
before
the
start
date
provided
to
EPA.

(
iv)
Except
as
provided
in
paragraph
(
e)(
4)(
ii)
of
this
section,
updated
notification
must
be
provided
to
EPA
for
any
change
in
location
of
lead­
based
paint
abatement
activities
at
least
5
business
days
prior
to
the
start
date
provided
to
EPA.

(
v)
Updated
notification
must
be
provided
to
EPA
when
lead­
based
paint
abatement
activities
are
canceled,
or
when
there
are
other
significant
changes
including,
but
not
limited
to,
when
the
square
footage
or
acreage
to
be
abated
changes
by
more
than
20%.
This
updated
notification
must
be
received
by
EPA
on
or
before
the
start
date
provided
to
EPA,
or
if
work
has
already
begun,
within
24
hours
of
the
change.

(
vi)
The
following
must
be
included
in
each
notification:

(
A)
Notification
type
(
original,
updated,
cancellation).

(
B)
Date
when
lead­
based
paint
abatement
activities
will
start.

(
C)
Date
when
lead­
based
paint
abatement
activities
will
end
(
approximation
using
best
professional
judgement).

(
D)
Firm's
name,
EPA
certification
number,
address,
telephone
number.
(
E)
Type
of
building
(
e.
g.,
single
family
dwelling,
multi­
family
dwelling,
child­
occupied
facilities)
on/
in
which
abatement
work
will
be
performed.

(
F)
Property
name
(
if
applicable).

(
G)
Property
address
including
apartment
or
unit
number(
s)
(
if
applicable)
for
abatement
work.

(
H)
Documentation
showing
evidence
of
an
EBL
determination
or
a
copy
of
the
Federal/
State/
Tribal/
local
emergency
abatement
order,
if
using
the
abbreviated
time
period
as
described
in
paragraph
(
e)(
4)(
ii)
of
this
section.

(
I)
Name
and
EPA
certification
number
of
the
project
supervisor.

(
J)
Approximate
square
footage/
acreage
to
be
abated.

(
K)
Brief
description
of
abatement
activities
to
be
performed.

(
L)
Name,
title,
and
signature
of
the
representative
of
the
certified
firm
who
prepared
the
notification.

(
vii)
Notification
must
be
accomplished
using
any
of
the
following
methods:
Written
notification,
or
electronically
using
the
Agency's
Central
Data
Exchange
(
CDX).
Written
notification
can
be
accomplished
using
either
the
sample
form
titled
"
Notification
of
Lead­
Based
Paint
Abatement
Activities"
or
similar
form
containing
the
information
required
in
paragraph
(
e)(
4)(
vi)
of
this
section.
All
written
notifications
must
be
delivered
by
U.
S.
Postal
Service,
fax,
commercial
delivery
service,
or
hand
delivery
(
persons
submitting
notification
by
U.
S.
Postal
Service
are
reminded
that
they
should
allow
3
additional
business
days
for
delivery
in
order
to
ensure
that
EPA
receives
the
notification
by
the
required
date).
Instructions
and
sample
forms
can
be
obtained
from
the
NLIC
at
1
 
800
 
424
 
LEAD(
5323),
or
on
the
Internet
at
http://
www.
epa.
gov/
lead.

(
viii)
Lead­
based
paint
abatement
activities
shall
not
begin
on
a
date,
or
at
a
location
other
than
that
specified
in
either
an
original
or
updated
notification,
in
the
event
of
changes
to
the
original
notification.

(
ix)
No
firm
or
individual
shall
engage
in
lead­
based
paint
abatement
activities,
as
defined
in
§
745.223,
prior
to
notifying
EPA
of
such
activities
according
to
the
requirements
of
this
paragraph.

(
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
the
soil
is
removed:

(
A)
The
soil
shall
be
replaced
by
soil
with
a
lead
concentration
as
close
to
local
background
as
practicable,
but
no
greater
than
400
ppm.

(
B)
The
soil
that
is
removed
shall
not
be
used
as
top
soil
at
another
residential
property
or
child­
occupied
facility.

(
ii)
If
soil
is
not
removed,
the
soil
shall
be
permanently
covered,
as
defined
in
§
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
in
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
interior
window
sill
and
from
one
window
trough
(
if
present)
and
one
dust
sample
shall
be
taken
from
the
floors
of
each
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
each
of
no
less
than
four
rooms,
hallways
or
stairwells
in
the
residential
dwelling
or
child­
occupied
facility.
One
dust
sample
shall
be
taken
from
one
interior
window
sill
and
window
trough
(
if
present)
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
single
surface
dust
sample
with
clearance
levels
in
paragraph
(
e)(
8)(
viii)
of
this
section
for
lead
in
dust
on
floors,
interior
window
sills,
and
window
troughs
or
from
each
composite
dust
sample
with
the
applicable
clearance
levels
for
lead
in
dust
on
floors,
interior
window
sills,
and
window
troughs
divided
by
half
the
number
of
subsamples
in
the
composite
sample.
If
the
residual
lead
level
in
a
single
surface
dust
sample
equals
or
exceeds
the
applicable
clearance
level
or
if
the
residual
lead
level
in
a
composite
dust
sample
equals
or
exceeds
the
applicable
clearance
level
divided
by
half
the
number
of
subsamples
in
the
composite
sample,
the
components
represented
by
the
failed
sample
shall
be
recleaned
and
retested.

(
viii)
The
clearance
levels
for
lead
in
dust
are
40
?
g/
ft2
for
floors,
250
?
g/
ft2
for
interior
window
sills,
and
400
?
g/
ft2
for
window
troughs.

(
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)
Determinations.
(
1)
Lead­
based
paint
is
present:

(
i)
On
any
surface
that
is
tested
and
found
to
contain
lead
equal
to
or
in
excess
of
1.0
milligrams
per
square
centimeter
or
equal
to
or
in
excess
of
0.5%
by
weight;
and
(
ii)
On
any
surface
like
a
surface
tested
in
the
same
room
equivalent
that
has
a
similar
painting
history
and
that
is
found
to
be
lead­
based
paint.

(
2)
A
paint­
lead
hazard
is
present:

(
i)
On
any
friction
surface
that
is
subject
to
abrasion
and
where
the
lead
dust
levels
on
the
nearest
horizontal
surface
underneath
the
friction
surface
(
e.
g.,
the
window
sill
or
floor)
are
equal
to
or
greater
than
the
dust
hazard
levels
identified
in
§
745.227(
b);

(
ii)
On
any
chewable
lead­
based
paint
surface
on
which
there
is
evidence
of
teeth
marks;

(
iii)
Where
there
is
any
damaged
or
otherwise
deteriorated
lead­
based
paint
on
an
impact
surface
that
is
cause
by
impact
from
a
related
building
component
(
such
as
a
door
knob
that
knocks
into
a
wall
or
a
door
that
knocks
against
its
door
frame;
and
(
iv)
If
there
is
any
other
deteriorated
lead­
based
paint
in
any
residential
building
or
child­
occupied
facility
or
on
the
exterior
of
any
residential
building
or
child­
occupied
facility.

(
3)
A
dust­
lead
hazard
is
present
in
a
residential
dwelling
or
child
occupied
facility:

(
i)
In
a
residential
dwelling
on
floors
and
interior
window
sills
when
the
weighted
arithmetic
mean
lead
loading
for
all
single
surface
or
composite
samples
of
floors
and
interior
window
sills
are
equal
to
or
greater
than
40
?
g/
ft2
for
floors
and
250
?
g/
ft2
for
interior
window
sills,
respectively;

(
ii)
On
floors
or
interior
window
sills
in
an
unsampled
residential
dwelling
in
a
multi­
family
dwelling,
if
a
dust­
lead
hazard
is
present
on
floors
or
interior
window
sills,
respectively,
in
at
least
one
sampled
residential
unit
on
the
property;
and
(
iii)
On
floors
or
interior
window
sills
in
an
unsampled
common
area
in
a
multi­
family
dwelling,
if
a
dust­
lead
hazard
is
present
on
floors
or
interior
window
sills,
respectively,
in
at
least
one
sampled
common
area
in
the
same
common
area
group
on
the
property.

(
4)
A
soil­
lead
hazard
is
present:
(
i)
In
a
play
area
when
the
soil­
lead
concentration
from
a
composite
play
area
sample
of
bare
soil
is
equal
to
or
greater
than
400
parts
per
million;
or
(
ii)
In
the
rest
of
the
yard
when
the
arithmetic
mean
lead
concentration
from
a
composite
sample
(
or
arithmetic
mean
of
composite
samples)
of
bare
soil
from
the
rest
of
the
yard
(
i.
e.,
non­
play
areas)
for
each
residential
building
on
a
property
is
equal
to
or
greater
than
1,200
parts
per
million.

(
i)
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.

[
61
FR
45813,
Aug.
29,
1996,
as
amended
at
64
FR
42852,
Aug.
6,
1999;
66
FR
1239,
Jan.
5,
2001;
69
FR
18496,
Apr.
8,
2004]

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

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

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

§
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
§
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
§
745.226.
§
745.235
Enforcement.

(
a)
Failure
or
refusal
to
comply
with
any
requirement
of
§
§
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
§
§
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
§
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.

§
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.

§
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
Accreditation
\
1\
Re­
accreditation
\
1\
[
every
4
years,
see
40
CFR
745.225(
f)(
1)
for
details]
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­­­­­­­
Initial
Course
Inspector
$
2,500
$
1,600
Risk
assessor
$
1,760
$
1,150
Supervisor
$
3,250
$
2,050
Worker
$
1,760
$
1,150
Project
designer
$
1,010
$
710
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­­­­­­­­­
Refresher
Course
Inspector
$
1,010
$
710
Risk
assessor
$
1,010
$
710
Supervisor
$
1,010
$
710
Worker
$
1,010
$
710
Project
designer
$
640
$
490
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­

Lead­
based
Paint
Activities­
Certification
\
1\
Re­
certification
\
1\
[
every
3
or
5
Individual
years,
see
40
CFR
745.226(
e)(
1)
for
details]
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Inspector
$
400
$
350
Risk
assessor
$
520
$
420
Supervisor
$
470
$
390
Worker
$
280
$
240
Project
designer
$
470
$
390
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

Lead­
based
Paint
Activities­
Firm
Certification
\
1\
Certification
Renewal
\
1\
[
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
§
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
§
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
§
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
§
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]

§
745.239
Effective
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
§
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
§
745.226
on
or
after
March
1,
2000.

(
c)
All
lead­
based
paint
activities
shall
be
performed
pursuant
to
the
work
practice
standards
contained
in
§
745.227
on
or
after
March
1,
2000.

[
61
FR
45813,
Aug.
29,
1996,
as
amended
at
64
FR
42852,
Aug.
6,
1999]
