EPA ICR No.:   1669.06; OMB Control No.: 2070-0158

Attachment 2

40 CFR 745, Subpart E 

Lead-Based Paint Poisoning Prevention in Certain Residential Structures

Subpart E - Residential Property Renovation

TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

PART 745--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL
STRUCTURES--Table of Contents

SUBPART E- RESIDENTIAL PROPERTY RENOVATION

Source: 63 FR 29919, June 1, 1998, unless otherwise noted.

Sec. 745.80 Purpose

This subpart contains regulations developed under sections 402 and 406
of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and
applies to all renovations performed for compensation in target housing
and child-occupied facilities. The purpose of this subpart is to ensure
the following:

(a) Owners and occupants of target housing and child-occupied facilities
receive information on lead-based paint hazards before these renovations
begin; and

(b) Individuals performing renovations regulated in accordance with
§745.82 are properly trained; renovators and firms performing these
renovations are certified; and the work practices in §745.85 are
followed during these renovations.

[73 FR 21758, Apr. 22, 2008]

Sec. 745.81 Effective dates

(a) Training, certification and accreditation requirements and work
practice standards . The training, certification and accreditation
requirements and work practice standards in this subpart are applicable
in any State or Indian Tribal area that does not have a renovation
program that is authorized under subpart Q of this part. The training,
certification and accreditation requirements and work practice standards
in this subpart will become effective as follows:

(1) Training programs . Effective June 23, 2008, no training program may
provide, offer, or claim to provide training or refresher training for
EPA certification as a renovator or a dust sampling technician without
accreditation from EPA under §745.225. Training programs may apply for
accreditation under §745.225 beginning April 22, 2009.

(2) Firms . (i) Firms may apply for certification under §745.89
beginning October 22, 2009.

(ii) On or after April 22, 2010, no firm may perform, offer, or claim to
perform renovations without certification from EPA under §745.89 in
target housing or child-occupied facilities, unless the renovation
qualifies for one of the exceptions identified in §745.82(a) or (c).

(3) Individuals . On or after April 22, 2010, all renovations must be
directed by renovators certified in accordance with §745.90(a) and
performed by certified renovators or individuals trained in accordance
with §745.90(b)(2) in target housing or child-occupied facilities,
unless the renovation qualifies for one of the exceptions identified in
§745.82(a) or (c).

(4) Work practices. (i) On or after April 22, 2010 and before July 6,
2010 all renovations must be performed in accordance with the work
practice standards in §  745.85 and the associated recordkeeping
requirements in §  745.86 (b)(6) in target housing or child-occupied
facilities, unless the renovation qualifies for one of the exceptions
identified in §745.82(a). This does not apply to renovations in target
housing for which the firm performing the renovation has obtained a
statement signed by the owner that the renovation will occur in the
owner's residence, no child under age 6 resides there, the housing is
not a child-occupied facility, and the owner acknowledges that the work
practices to be used during the renovation will not necessarily include
all of the lead-safe work practices contained in EPA's renovation,
repair, and painting rule. For the purposes of this section, a child
resides in the primary residence of his or her custodial parents, legal
guardians, and foster parents. A child also resides in the primary
residence of an informal caretaker if the child lives and sleeps most of
the time at the caretaker's residence.

(ii) On or after July 6, 2010, all renovations must be performed in
accordance with the work practice standards in §  745.85 and the
associated recordkeeping requirements in §  745.86(b)(1) and (b)(6)
in target housing or child-occupied facilities, unless the renovation
qualifies for the exception identified in §745.82(a).

(5) The suspension and revocation provisions in §745.91 are effective
April 22, 2010.

(b) Renovation-specific pamphlet . Before December 22, 2008, renovators
or firms performing renovations in States and Indian Tribal areas
without an authorized program may provide owners and occupants with
either of the following EPA pamphlets: Protect Your Family From Lead in
Your Home or Renovate Right: Important Lead Hazard Information for
Families, Child Care Providers and Schools . After that date, Renovate
Right: Important Lead Hazard Information for Families, Child Care
Providers and Schools must be used exclusively.

(c) Pre-Renovation Education Rule . With the exception of the
requirement to use the pamphlet entitled Renovate Right: Important Lead
Hazard Information for Families, Child Care Providers and Schools , the
provisions of the Pre-Renovation Education Rule in this subpart have
been in effect since June 1999.

[73 FR 21758, Apr. 22, 2008, as amended at 75 FR 24818, May 6, 2010]

Sec. 745.82 Applicability

(a) This subpart applies to all renovations performed for compensation
in target housing and child-occupied facilities, except for the
following:

(1) Renovations in target housing or child-occupied facilities in which
a written determination has been made by an inspector or risk assessor
(certified pursuant to either Federal regulations at §745.226 or a
State or Tribal certification program authorized pursuant to §745.324)
that the components affected by the renovation are free of paint or
other surface coatings that contain lead equal to or in excess of 1.0
milligrams/per square centimeter (mg/cm2 ) or 0.5% by weight, where the
firm performing the renovation has obtained a copy of the determination.

(2) Renovations in target housing or child-occupied facilities in which
a certified renovator, using an EPA recognized test kit as defined in
§745.83 and following the kit manufacturer's instructions, has tested
each component affected by the renovation and determined that the
components are free of paint or other surface coatings that contain lead
equal to or in excess of 1.0 mg/cm2 or 0.5% by weight. If the components
make up an integrated whole, such as the individual stair treads and
risers of a single staircase, the renovator is required to test only one
of the individual components, unless the individual components appear to
have been repainted or refinished separately.

(b) The information distribution requirements in §745.84 do not apply
to emergency renovations, which are renovation activities that were not
planned but result from a sudden, unexpected event (such as non-routine
failures of equipment) that, if not immediately attended to, presents a
safety or public health hazard, or threatens equipment and/or property
with significant damage. Interim controls performed in response to an
elevated blood lead level in a resident child are also emergency
renovations. Emergency renovations other than interim controls are also
exempt from the warning sign, containment, waste handling, training, and
certification requirements in §§745.85, 745.89, and 745.90 to the
extent necessary to respond to the emergency. Emergency renovations are
not exempt from the cleaning requirements of §745.85(a)(5), which must
be performed by certified renovators or individuals trained in
accordance with §745.90(b)(2), the cleaning verification requirements
of §745.85(b), which must be performed by certified renovators, and the
recordkeeping requirements of §745.86(b)(6) and (b)(7).

[73 FR 21758, Apr. 22, 2008, as amended at 75 FR 24818, May 6, 2010]

Sec. 745.83 Definitions

For purposes of this part, the definitions in §745.103 as well as the
following definitions apply:

Administrator means the Administrator of the Environmental Protection
Agency.

Child-occupied facility means a building, or portion of a building,
constructed prior to 1978, visited regularly by the same child, under 6
years of age, 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 visits last 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. Child-occupied facilities may be located in
target housing or in public or commercial buildings. With respect to
common areas in public or commercial buildings that contain
child-occupied facilities, the child-occupied facility encompasses only
those common areas that are routinely used by children under age 6, such
as restrooms and cafeterias. Common areas that children under age 6 only
pass through, such as hallways, stairways, and garages are not included.
In addition, with respect to exteriors of public or commercial buildings
that contain child-occupied facilities, the child-occupied facility
encompasses only the exterior sides of the building that are immediately
adjacent to the child-occupied facility or the common areas routinely
used by children under age 6.

Cleaning verification card means a card developed and distributed, or
otherwise approved, by EPA for the purpose of determining, through
comparison of wet and dry disposable cleaning cloths with the card,
whether post-renovation cleaning has been properly completed.

Component or building component means specific design or structural
elements or fixtures of a building or residential dwelling 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, windowsills or stools and
troughs, casings, sashes and wells, and air conditioners.

Dry disposable cleaning cloth means a commercially available dry,
electrostatically charged, white disposable cloth designed to be used
for cleaning hard surfaces such as uncarpeted floors or counter tops.

Firm means a company, partnership, corporation, sole proprietorship or
individual doing business, association, or other business entity; a
Federal, State, Tribal, or local government agency; or a nonprofit
organization.

HEPA vacuum means a vacuum cleaner which has been designed with a
high-efficiency particulate air (HEPA) filter as the last filtration
stage. A HEPA filter is a filter that is capable of capturing particles
of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be
designed so that all the air drawn into the machine is expelled through
the HEPA filter with none of the air leaking past it.

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.

Minor repair and maintenance activities are activities, including minor
heating, ventilation or air conditioning work, electrical work, and
plumbing, that disrupt 6 square feet or less of painted surface per room
for interior activities or 20 square feet or less of painted surface for
exterior activities where none of the work practices prohibited or
restricted by §745.85(a)(3) are used and where the work does not
involve window replacement or demolition of painted surface areas. When
removing painted components, or portions of painted components, the
entire surface area removed is the amount of painted surface disturbed.
Jobs, other than emergency renovations, performed in the same room
within the same 30 days must be considered the same job for the purpose
of determining whether the job is a minor repair and maintenance
activity.

Pamphlet means the EPA pamphlet titled Renovate Right: Important Lead
Hazard Information for Families, Child Care Providers and Schools
developed under section 406(a) of TSCA for use in complying with section
406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant
to 40 CFR 745.326 that is developed for the same purpose. This includes
reproductions of the pamphlet when copied in full and without revision
or deletion of material from the pamphlet (except for the addition or
revision of State or local sources of information). Before December 22,
2008, the term “pamphlet” also means any pamphlet developed by EPA
under section 406(a) of TSCA or any State or Tribal pamphlet approved by
EPA pursuant to §745.326.

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.

Recognized test kit means a commercially available kit recognized by EPA
under §745.88 as being capable of allowing a user to determine the
presence of lead at levels equal to or in excess of 1.0 milligrams per
square centimeter, or more than 0.5% lead by weight, in a paint chip,
paint powder, or painted surface.

Renovation means the modification of any existing structure, or portion
thereof, that results in the disturbance of painted surfaces, unless
that activity is performed as part of an abatement as defined by this
part (40 CFR 745.223). The term renovation includes (but is not limited
to): The removal, modification or repair of painted surfaces or painted
components (e.g., modification of painted doors, surface restoration,
window repair, surface preparation activity (such as sanding, scraping,
or other such activities that may generate paint dust)); the removal of
building components (e.g., walls, ceilings, plumbing, windows);
weatherization projects (e.g., cutting holes in painted surfaces to
install blown-in insulation or to gain access to attics, planing
thresholds to install weather-stripping), and interim controls that
disturb painted surfaces. A renovation performed for the purpose of
converting a building, or part of a building, into target housing or a
child-occupied facility is a renovation under this subpart. The term
renovation does not include minor repair and maintenance activities.

Renovator means an individual who either performs or directs workers who
perform renovations. A certified renovator is a renovator who has
successfully completed a renovator course accredited by EPA or an
EPA-authorized State or Tribal program.

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 hands-on experience.

Wet disposable cleaning cloth means a commercially available,
pre-moistened white disposable cloth designed to be used for cleaning
hard surfaces such as uncarpeted floors or counter tops.

Wet mopping system means a device with the following characteristics: A
long handle, a mop head designed to be used with disposable absorbent
cleaning pads, a reservoir for cleaning solution, and a built-in
mechanism for distributing or spraying the cleaning solution onto a
floor, or a method of equivalent efficacy.

Work area means the area that the certified renovator establishes to
contain the dust and debris generated by a renovation.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21758, Apr. 22, 2008]

Sec. 745.84 Information distribution requirements

(a) Renovations in dwelling units . No more than 60 days before
beginning renovation activities in any residential dwelling unit of
target housing, the firm performing the renovation must:

(1) Provide the owner of the unit with the pamphlet, and comply with one
of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

(2) In addition to the requirements in paragraph (a)(1) of this section,
if the owner does not occupy the dwelling unit, provide an adult
occupant of the unit with the pamphlet, and comply with one of the
following:

(i) Obtain, from the adult occupant, a written acknowledgment that the
occupant has received the pamphlet; or certify in writing that a
pamphlet has been delivered to the dwelling and that the firm performing
the renovation has been unsuccessful in obtaining a written
acknowledgment from an adult occupant. Such certification must include
the address of the unit undergoing renovation, the date and method of
delivery of the pamphlet, names of the persons delivering the pamphlet,
reason for lack of acknowledgment (e.g., occupant refuses to sign, no
adult occupant available), the signature of a representative of the firm
performing the renovation, and the date of signature.

(ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

(b) Renovations in common areas . No more than 60 days before beginning
renovation activities in common areas of multi-unit target housing, the
firm performing the renovation must:

(1) Provide the owner with the pamphlet, and comply with one of the
following:

(i) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

(2) Comply with one of the following. (i) Notify in writing, or ensure
written notification of, each affected unit and make the pamphlet
available upon request prior to the start of renovation. Such
notification shall be accomplished by distributing written notice to
each affected unit. The notice shall describe the general nature and
locations of the planned renovation activities; the expected starting
and ending dates; and a statement of how the occupant can obtain the
pamphlet and a copy of the records required by §  745.86(c) and (d),
at no cost to the occupants, or

(ii) While the renovation is ongoing, post informational signs
describing the general nature and locations of the renovation and the
anticipated completion date. These signs must be posted in areas where
they are likely to be seen by the occupants of all of the affected
units. The signs must be accompanied by a posted copy of the pamphlet or
information on how interested occupants can review a copy of the
pamphlet or obtain a copy from the renovation firm at no cost to
occupants. The signs must also include information on how interested
occupants can review a copy of the records required by §  745.86(c)
and (d) or obtain a copy from the renovation firm at no cost to the
occupants.

(3) Prepare, sign, and date a statement describing the steps performed
to notify all occupants of the intended renovation activities and to
provide the pamphlet.

(4) If the scope, locations, or expected starting and ending dates of
the planned renovation activities change after the initial notification,
and the firm provided written initial notification to each affected
unit, the firm performing the renovation must provide further written
notification to the owners and occupants providing revised information
on the ongoing or planned activities. This subsequent notification must
be provided before the firm performing the renovation initiates work
beyond that which was described in the original notice.

(c) Renovations in child-occupied facilities . No more than 60 days
before beginning renovation activities in any child-occupied facility,
the firm performing the renovation must:

(1)(i) Provide the owner of the building with the pamphlet, and comply
with one of the following:

(A) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.

(B) Obtain a certificate of mailing at least 7 days prior to the
renovation.

(ii) If the child-occupied facility is not the owner of the building,
provide an adult representative of the child-occupied facility with the
pamphlet, and comply with one of the following:

(A) Obtain, from the adult representative, a written acknowledgment that
the adult representative has received the pamphlet; or certify in
writing that a pamphlet has been delivered to the facility and that the
firm performing the renovation has been unsuccessful in obtaining a
written acknowledgment from an adult representative. Such certification
must include the address of the child-occupied facility undergoing
renovation, the date and method of delivery of the pamphlet, names of
the persons delivering the pamphlet, reason for lack of acknowledgment
(e.g., representative refuses to sign), the signature of a
representative of the firm performing the renovation, and the date of
signature.

(B) Obtain a certificate of mailing at least 7 days prior to the
renovation.

(2) Provide the parents and guardians of children using the
child-occupied facility with the pamphlet, information describing the
general nature and locations of the renovation and the anticipated
completion date, and information on how interested parents or guardians
of children frequenting the child-occupied facility can review a copy of
the records required by §745.86(c) and (d) or obtain a copy from the
renovation firm at no cost to the occupants by complying with one of the
following:

(i) Mail or hand-deliver the pamphlet and the renovation information to
each parent or guardian of a child using the child-occupied facility.

(ii) While the renovation is ongoing, post informational signs
describing the general nature and locations of the renovation and the
anticipated completion date. These signs must be posted in areas where
they can be seen by the parents or guardians of the children frequenting
the child-occupied facility. The signs must be accompanied by a posted
copy of the pamphlet or information on how interested parents or
guardians of children frequenting the child-occupied facility can review
a copy of the pamphlet or obtain a copy from the renovation firm at no
cost to the parents or guardians. The signs must also include
information on how interested parents or guardians of children
frequenting the child-occupied facility can review a copy of the records
required by §  745.86(c) and (d) or obtain a copy from the renovation
firm at no cost to the parents or guardians.

(3) The renovation firm must prepare, sign, and date a statement
describing the steps performed to notify all parents and guardians of
the intended renovation activities and to provide the pamphlet.

(d) Written acknowledgment . The written acknowledgments required by
paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and
(c)(1)(ii)(A) of this section must:

(1) Include a statement recording the owner or occupant's name and
acknowledging receipt of the pamphlet prior to the start of renovation,
the address of the unit undergoing renovation, the signature of the
owner or occupant as applicable, and the date of signature.

(2) Be either a separate sheet or part of any written contract or
service agreement for the renovation.

(3) Be written in the same language as the text of the contract or
agreement for the renovation or, in the case of non-owner occupied
target housing, in the same language as the lease or rental agreement or
the pamphlet.

[63 FR 29919, June 1, 1998. Redesignated and amended at 73 FR 21760,
Apr. 22, 2008; 75 FR 24818, May 6, 2010]

Sec.745.85 Work practice standards

(a) Standards for renovation activities . Renovations must be performed
by certified firms using certified renovators as directed in §745.89.
The responsibilities of certified firms are set forth in §745.89(d) and
the responsibilities of certified renovators are set forth in
§745.90(b).

(1) Occupant protection . Firms must post signs clearly defining the
work area and warning occupants and other persons not involved in
renovation activities to remain outside of the work area. To the extent
practicable, these signs must be in the primary language of the
occupants. These signs must be posted before beginning the renovation
and must remain in place and readable until the renovation and the
post-renovation cleaning verification have been completed. If warning
signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR
1926.62(m), additional signs are not required by this section.

(2) Containing the work area . Before beginning the renovation, the firm
must isolate the work area so that no dust or debris leaves the work
area while the renovation is being performed. In addition, the firm must
maintain the integrity of the containment by ensuring that any plastic
or other impermeable materials are not torn or displaced, and taking any
other steps necessary to ensure that no dust or debris leaves the work
area while the renovation is being performed. The firm must also ensure
that containment is installed in such a manner that it does not
interfere with occupant and worker egress in an emergency.

(i) Interior renovations . The firm must:

(A) Remove all objects from the work area, including furniture, rugs,
and window coverings, or cover them with plastic sheeting or other
impermeable material with all seams and edges taped or otherwise sealed.

(B) Close and cover all ducts opening in the work area with taped-down
plastic sheeting or other impermeable material.

(C) Close windows and doors in the work area. Doors must be covered with
plastic sheeting or other impermeable material. Doors used as an
entrance to the work area must be covered with plastic sheeting or other
impermeable material in a manner that allows workers to pass through
while confining dust and debris to the work area.

(D) Cover the floor surface, including installed carpet, with taped-down
plastic sheeting or other impermeable material in the work area 6 feet
beyond the perimeter of surfaces undergoing renovation or a sufficient
distance to contain the dust, whichever is greater.

(E) Use precautions to ensure that all personnel, tools, and other
items, including the exteriors of containers of waste, are free of dust
and debris before leaving the work area.

(ii) Exterior renovations . The firm must:

(A) Close all doors and windows within 20 feet of the renovation. On
multi-story buildings, close all doors and windows within 20 feet of the
renovation on the same floor as the renovation, and close all doors and
windows on all floors below that are the same horizontal distance from
the renovation.

(B) Ensure that doors within the work area that will be used while the
job is being performed are covered with plastic sheeting or other
impermeable material in a manner that allows workers to pass through
while confining dust and debris to the work area.

(C) Cover the ground with plastic sheeting or other disposable
impermeable material extending 10 feet beyond the perimeter of surfaces
undergoing renovation or a sufficient distance to collect falling paint
debris, whichever is greater, unless the property line prevents 10 feet
of such ground covering.

(D) In certain situations, the renovation firm must take extra
precautions in containing the work area to ensure that dust and debris
from the renovation does not contaminate other buildings or other areas
of the property or migrate to adjacent properties.

(3) Prohibited and restricted practices. The work practices listed below
shall be prohibited or restricted during a renovation as follows:

(i) Open-flame burning or torching of lead-based paint is prohibited.

(ii) The use of machines that remove lead-based paint through high speed
operation such as sanding, grinding, power planing, needle gun, abrasive
blasting, or sandblasting, is prohibited unless such machines are used
with HEPA exhaust control.

(iii) Operating a heat gun on lead-based paint is permitted only at
temperatures below 1100 degrees Fahrenheit.

(4) Waste from renovations —(i) Waste from renovation activities must
be contained to prevent releases of dust and debris before the waste is
removed from the work area for storage or disposal. If a chute is used
to remove waste from the work area, it must be covered.

(ii) At the conclusion of each work day and at the conclusion of the
renovation, waste that has been collected from renovation activities
must be stored under containment, in an enclosure, or behind a barrier
that prevents release of dust and debris out of the work area and
prevents access to dust and debris.

(iii) When the firm transports waste from renovation activities, the
firm must contain the waste to prevent release of dust and debris.

(5) Cleaning the work area . After the renovation has been completed,
the firm must clean the work area until no dust, debris or residue
remains.

(i) Interior and exterior renovations . The firm must:

(A) Collect all paint chips and debris and, without dispersing any of
it, seal this material in a heavy-duty bag.

(B) Remove the protective sheeting. Mist the sheeting before folding it,
fold the dirty side inward, and either tape shut to seal or seal in
heavy-duty bags. Sheeting used to isolate contaminated rooms from
non-contaminated rooms must remain in place until after the cleaning and
removal of other sheeting. Dispose of the sheeting as waste.

(ii) Additional cleaning for interior renovations . The firm must clean
all objects and surfaces in the work area and within 2 feet of the work
area in the following manner, cleaning from higher to lower:

(A) Walls . Clean walls starting at the ceiling and working down to the
floor by either vacuuming with a HEPA vacuum or wiping with a damp
cloth.

(B) Remaining surfaces . Thoroughly vacuum all remaining surfaces and
objects in the work area, including furniture and fixtures, with a HEPA
vacuum. The HEPA vacuum must be equipped with a beater bar when
vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, except for
carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted
floors thoroughly, using a mopping method that keeps the wash water
separate from the rinse water, such as the 2-bucket mopping method, or
using a wet mopping system.

(b) Standards for post-renovation cleaning verification —(1) Interiors
. (i) A certified renovator must perform a visual inspection to
determine whether dust, debris or residue is still present. If dust,
debris or residue is present, these conditions must be removed by
re-cleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified renovator must:

(A) Verify that each windowsill in the work area has been adequately
cleaned, using the following procedure.

( 1 ) Wipe the windowsill with a wet disposable cleaning cloth that is
damp to the touch. If the cloth matches or is lighter than the cleaning
verification card, the windowsill has been adequately cleaned.

( 2 ) If the cloth does not match and is darker than the cleaning
verification card, re-clean the windowsill as directed in paragraphs
(a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then either use a new
cloth or fold the used cloth in such a way that an unused surface is
exposed, and wipe the surface again. If the cloth matches or is lighter
than the cleaning verification card, that windowsill has been adequately
cleaned.

( 3 ) If the cloth does not match and is darker than the cleaning
verification card, wait for 1 hour or until the surface has dried
completely, whichever is longer.

( 4 )After waiting for the windowsill to dry, wipe the windowsill with a
dry disposable cleaning cloth. After this wipe, the windowsill has been
adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area with a
wet disposable cleaning cloth. Floors must be wiped using an application
device with a long handle and a head to which the cloth is attached. The
cloth must remain damp at all times while it is being used to wipe the
surface for post-renovation cleaning verification. If the surface within
the work area is greater than 40 square feet, the surface within the
work area must be divided into roughly equal sections that are each less
than 40 square feet. Wipe each such section separately with a new wet
disposable cleaning cloth. If the cloth used to wipe each section of the
surface within the work area matches the cleaning verification card, the
surface has been adequately cleaned.

( 1 ) If the cloth used to wipe a particular surface section does not
match the cleaning verification card, re-clean that section of the
surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of
this section, then use a new wet disposable cleaning cloth to wipe that
section again. If the cloth matches the cleaning verification card, that
section of the surface has been adequately cleaned.

( 2 ) If the cloth used to wipe a particular surface section does not
match the cleaning verification card after the surface has been
re-cleaned, wait for 1 hour or until the entire surface within the work
area has dried completely, whichever is longer.

( 3 ) After waiting for the entire surface within the work area to dry,
wipe each section of the surface that has not yet achieved
post-renovation cleaning verification with a dry disposable cleaning
cloth. After this wipe, that section of the surface has been adequately
cleaned.

(iii) When the work area passes the post-renovation cleaning
verification, remove the warning signs.

(2) Exteriors . A certified renovator must perform a visual inspection
to determine whether dust, debris or residue is still present on
surfaces in and below the work area, including windowsills and the
ground. If dust, debris or residue is present, these conditions must be
eliminated and another visual inspection must be performed. When the
area passes the visual inspection, remove the warning signs.

(c) Optional dust clearance testing . Cleaning verification need not be
performed if the contract between the renovation firm and the person
contracting for the renovation or another Federal, State, Territorial,
Tribal, or local law or regulation requires:

(1) The renovation firm to perform dust clearance sampling at the
conclusion of a renovation covered by this subpart.

(2) The dust clearance samples are required to be collected by a
certified inspector, risk assessor or dust sampling technician.

(3) The renovation firm is required to re-clean the work area until the
dust clearance sample results are below the clearance standards in
§745.227(e)(8) or any applicable State, Territorial, Tribal, or local
standard.

(d) Activities conducted after post-renovation cleaning verification .
Activities that do not disturb paint, such as applying paint to walls
that have already been prepared, are not regulated by this subpart if
they are conducted after post-renovation cleaning verification has been
performed.

[73 FR 21761, Apr. 22, 2008]

Sec. 745.86 Recordkeeping and reporting requirements

(a) Firms performing renovations must retain and, if requested, make
available to EPA all records necessary to demonstrate compliance with
this subpart for a period of 3 years following completion of the
renovation. This 3–year retention requirement does not supersede
longer obligations required by other provisions for retaining the same
documentation, including any applicable State or Tribal laws or
regulations.

(b) Records that must be retained pursuant to paragraph (a) of this
section shall include (where applicable):

(1) Records or reports certifying that a determination had been made
that lead-based paint was not present on the components affected by the
renovation, as described in §745.82(a). These records or reports
include:

(i) Reports prepared by a certified inspector or certified risk assessor
(certified pursuant to either Federal regulations at §745.226 or an
EPA-authorized State or Tribal certification program).

(ii) Records prepared by a certified renovator after using
EPA-recognized test kits, including an identification of the
manufacturer and model of any test kits used, a description of the
components that were tested including their locations, and the result of
each test kit used.

(2) Signed and dated acknowledgments of receipt as described in
§745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and
(c)(1)(ii)(A).

(3) Certifications of attempted delivery as described in
§745.84(a)(2)(i) and (c)(1)(ii)(A).

(4) Certificates of mailing as described in §745.84(a)(1)(ii),
(a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B).

(5) Records of notification activities performed regarding common area
renovations, as described in §745.84(b)(3) and (b)(4), and renovations
in child-occupied facilities, as described in §745.84(c)(2).

(6) Documentation of compliance with the requirements of §745.85,
including documentation that a certified renovator was assigned to the
project, that the certified renovator provided on-the-job training for
workers used on the project, that the certified renovator performed or
directed workers who performed all of the tasks described in
§745.85(a), and that the certified renovator performed the
post-renovation cleaning verification described in §745.85(b). If the
renovation firm was unable to comply with all of the requirements of
this rule due to an emergency as defined in §745.82, the firm must
document the nature of the emergency and the provisions of the rule that
were not followed. This documentation must include a copy of the
certified renovator's training certificate, and a certification by the
certified renovator assigned to the project that:

(i) Training was provided to workers (topics must be identified for each
worker).

(ii) Warning signs were posted at the entrances to the work area.

(iii) If test kits were used, that the specified brand of kits was used
at the specified locations and that the results were as specified.

(iv) The work area was contained by:

(A) Removing or covering all objects in the work area (interiors).

(B) Closing and covering all HVAC ducts in the work area (interiors).

(C) Closing all windows in the work area (interiors) or closing all
windows in and within 20 feet of the work area (exteriors).

(D) Closing and sealing all doors in the work area (interiors) or
closing and sealing all doors in and within 20 feet of the work area
(exteriors).

(E) Covering doors in the work area that were being used to allow
passage but prevent spread of dust.

(F) Covering the floor surface, including installed carpet, with
taped-down plastic sheeting or other impermeable material in the work
area 6 feet beyond the perimeter of surfaces undergoing renovation or a
sufficient distance to contain the dust, whichever is greater
(interiors) or covering the ground with plastic sheeting or other
disposable impermeable material anchored to the building extending 10
feet beyond the perimeter of surfaces undergoing renovation or a
sufficient distance to collect falling paint debris, whichever is
greater, unless the property line prevents 10 feet of such ground
covering, weighted down by heavy objects (exteriors).

(G) Installing (if necessary) vertical containment to prevent migration
of dust and debris to adjacent property (exteriors).

(v) Waste was contained on-site and while being transported off-site.

(vi) The work area was properly cleaned after the renovation by:

(A) Picking up all chips and debris, misting protective sheeting,
folding it dirty side inward, and taping it for removal.

(B) Cleaning the work area surfaces and objects using a HEPA vacuum
and/or wet cloths or mops (interiors).

(vii) The certified renovator performed the post-renovation cleaning
verification (the results of which must be briefly described, including
the number of wet and dry cloths used).

(c)(1) When the final invoice for the renovation is delivered or within
30 days of the completion of the renovation, whichever is earlier, the
renovation firm must provide information pertaining to compliance with
this subpart to the following persons:

(i) The owner of the building; and, if different,

(ii) An adult occupant of the residential dwelling, if the renovation
took place within a residential dwelling, or an adult representative of
the child-occupied facility, if the renovation took place within a
child-occupied facility.

(2) When performing renovations in common areas of multi-unit target
housing, renovation firms must post the information required by this
subpart or instructions on how interested occupants can obtain a copy of
this information. This information must be posted in areas where it is
likely to be seen by the occupants of all of the affected units.

(3) The information required to be provided by paragraph (c) of this
section may be provided by completing the sample form titled “Sample
Renovation Recordkeeping Checklist” or a similar form containing the
test kit information required by §745.86(b)(1)(ii) and the training and
work practice compliance information required by §745.86(b)(6).

(d) If dust clearance sampling is performed in lieu of cleaning
verification as permitted by §745.85(c), the renovation firm must
provide, when the final invoice for the renovation is delivered or
within 30 days of the completion of the renovation, whichever is
earlier, a copy of the dust sampling report to:

(1) The owner of the building; and, if different,

(2) An adult occupant of the residential dwelling, if the renovation
took place within a residential dwelling, or an adult representative of
the child-occupied facility, if the renovation took place within a
child-occupied facility.

(3) When performing renovations in common areas of multi-unit target
housing, renovation firms must post these dust sampling reports or
information on how interested occupants of the housing being renovated
can obtain a copy of the report. This information must be posted in
areas where they are likely to be seen by the occupants of all of the
affected units.

[73 FR 21761, Apr. 22, 2008, as amended at 75 FR 24819, May 6, 2010]

Sec. 745.87 Enforcement and inspections

(a) Failure or refusal to comply with any provision of this subpart is a
violation of TSCA section 409 (15 U.S.C. 2689).

(b) Failure or refusal to establish and maintain records or to make
available or permit access to or copying of records, as required by this
subpart, is a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and
2689).

(c) Failure or refusal to permit entry or inspection as required by 40
CFR 745.87 and TSCA section 11 (15 U.S.C. 2610) is a violation of
sections 15 and 409 (15 U.S.C. 2614 and 2689).

(d) Violators may be subject to civil and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for each violation.

(e) Lead-based paint is assumed to be present at renovations covered by
this subpart. EPA may conduct inspections and issue subpoenas pursuant
to the provisions of TSCA section 11 (15 U.S.C. 2610) to ensure
compliance with this subpart.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21763, Apr. 22, 2008]

Sec. 745.88 Recognized test kits

(a) Effective June 23, 2008, EPA recognizes the test kits that have been
determined by National Institute of Standards and Technology research to
meet the negative response criteria described in paragraph (c)(1) of
this section. This recognition will last until EPA publicizes its
recognition of the first test kit that meets both the negative response
and positive response criteria in paragraph (c) of this section.

(b) No other test kits will be recognized until they are tested through
EPA's Environmental Technology Verification Program or other equivalent
EPA approved testing program.

(1) Effective September 1, 2008, to initiate the testing process, a test
kit manufacturer must submit a sufficient number of kits, along with the
instructions for using the kits, to EPA. The test kit manufacturer
should first visit the following website for information on where to
apply: http://www.epa.gov/etv/howtoapply.html .

(2) After the kit has been tested through the Environmental Technology
Verification Program or other equivalent approved EPA testing program,
EPA will review the report to determine whether the required criteria
have been met.

(3) Before September 1, 2010, test kits must meet only the negative
response criteria in paragraph (c)(1) of this section. The recognition
of kits that meet only this criteria will last until EPA publicizes its
recognition of the first test kits that meets both of the criteria in
paragraph (c) of this section.

(4) After September 1, 2010, test kits must meet both of the criteria in
paragraph (c) of this section.

(5) If the report demonstrates that the kit meets the required criteria,
EPA will issue a notice of recognition to the kit manufacturer, provide
them with the report, and post the information on EPA's website.

(6) If the report demonstrates that the kit does not meet the required
criteria, EPA will notify the kit manufacturer and provide them with the
report.

(c) Response criteria —(1) Negative response criteria. For paint
containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by
weight, a demonstrated probability (with 95% confidence) of a negative
response less than or equal to 5% of the time.

(2) Positive response criteria. For paint containing lead below the
regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated
probability (with 95% confidence) of a positive response less than or
equal to 10% of the time.

[73 FR 21763, Apr. 22, 2008]

Sec. 745.89 Firm certification

(a) Initial certification . (1) Firms that perform renovations for
compensation must apply to EPA for certification to perform renovations
or dust sampling. To apply, a firm must submit to EPA a completed
“Application for Firms,” signed by an authorized agent of the firm,
and pay at least the correct amount of fees. If a firm pays more than
the correct amount of fees, EPA will reimburse the firm for the excess
amount.

(2) After EPA receives a firm's application, EPA will take one of the
following actions within 90 days of the date the application is
received:

(i) EPA will approve a firm's application if EPA determines that it is
complete and that the environmental compliance history of the firm, its
principals, or its key employees does not show an unwillingness or
inability to maintain compliance with environmental statutes or
regulations. An application is complete if it contains all of the
information requested on the form and includes at least the correct
amount of fees. When EPA approves a firm's application, EPA will issue
the firm a certificate with an expiration date not more than 5 years
from the date the application is approved. EPA certification allows the
firm to perform renovations covered by this section in any State or
Indian Tribal area that does not have a renovation program that is
authorized under subpart Q of this part.

(ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete. If EPA requests a firm to
supplement its application, the firm must submit the requested
information or pay the additional fees within 30 days of the date of the
request.

(iii) EPA will not approve a firm's application if the firm does not
supplement its application in accordance with paragraph (a)(2)(ii) of
this section or if EPA determines that the environmental compliance
history of the firm, its principals, or its key employees demonstrates
an unwillingness or inability to maintain compliance with environmental
statutes or regulations. EPA will send the firm a letter giving the
reason for not approving the application. EPA will not refund the
application fees. A firm may reapply for certification at any time by
filing a new, complete application that includes the correct amount of
fees.

(b) Re-certification . To maintain its certification, a firm must be
re-certified by EPA every 5 years.

(1) Timely and complete application . To be re-certified, a firm must
submit a complete application for re-certification. A complete
application for re-certification includes a completed “Application for
Firms” which contains all of the information requested by the form and
is signed by an authorized agent of the firm, noting on the form that it
is submitted as a re-certification. A complete application must also
include at least the correct amount of fees. If a firm pays more than
the correct amount of fees, EPA will reimburse the firm for the excess
amount.

(i) An application for re-certification is timely if it is postmarked 90
days or more before the date the firm's current certification expires.
If the firm's application is complete and timely, the firm's current
certification will remain in effect until its expiration date or until
EPA has made a final decision to approve or disapprove the
re-certification application, whichever is later.

(ii) If the firm submits a complete re-certification application less
than 90 days before its current certification expires, and EPA does not
approve the application before the expiration date, the firm's current
certification will expire and the firm will not be able to conduct
renovations until EPA approves its re-certification application.

(iii) If the firm fails to obtain recertification before the firm's
current certification expires, the firm must not perform renovations or
dust sampling until it is certified anew pursuant to paragraph (a) of
this section.

(2) EPA action on an application . After EPA receives a firm's
application for re-certification, EPA will review the application and
take one of the following actions within 90 days of receipt:

(i) EPA will approve a firm's application if EPA determines that it is
timely and complete and that the environmental compliance history of the
firm, its principals, or its key employees does not show an
unwillingness or inability to maintain compliance with environmental
statutes or regulations. When EPA approves a firm's application for
re-certification, EPA will issue the firm a new certificate with an
expiration date 5 years from the date that the firm's current
certification expires. EPA certification allows the firm to perform
renovations or dust sampling covered by this section in any State or
Indian Tribal area that does not have a renovation program that is
authorized under subpart Q of this part.

(ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete.

(iii) EPA will not approve a firm's application if it is not received or
is not complete as of the date that the firm's current certification
expires, or if EPA determines that the environmental compliance history
of the firm, its principals, or its key employees demonstrates an
unwillingness or inability to maintain compliance with environmental
statutes or regulations. EPA will send the firm a letter giving the
reason for not approving the application. EPA will not refund the
application fees. A firm may reapply for certification at any time by
filing a new application and paying the correct amount of fees.

(c) Amendment of certification . A firm must amend its certification
within 90 days of the date a change occurs to information included in
the firm's most recent application. If the firm fails to amend its
certification within 90 days of the date the change occurs, the firm may
not perform renovations or dust sampling until its certification is
amended.

(1) To amend a certification, a firm must submit a completed
“Application for Firms,” signed by an authorized agent of the firm,
noting on the form that it is submitted as an amendment and indicating
the information that has changed. The firm must also pay at least the
correct amount of fees.

(2) If additional information is needed to process the amendment, or the
firm did not pay the correct amount of fees, EPA will request the firm
to submit the necessary information or fees. The firm's certification is
not amended until the firm complies with the request.

(3) Amending a certification does not affect the certification
expiration date.

(d) Firm responsibilities . Firms performing renovations must ensure
that:

(1) All individuals performing renovation activities on behalf of the
firm are either certified renovators or have been trained by a certified
renovator in accordance with §745.90.

(2) A certified renovator is assigned to each renovation performed by
the firm and discharges all of the certified renovator responsibilities
identified in §745.90.

(3) All renovations performed by the firm are performed in accordance
with the work practice standards in §745.85.

(4) The pre-renovation education requirements of §745.84 have been
performed.

(5) The recordkeeping requirements of §745.86 are met.

[73 FR 21764, Apr. 22, 2008]

Sec. 745.90 Renovator certification and dust sampling technician
certification

(a) Renovator certification and dust sampling technician certification .
(1) To become a certified renovator or certified dust sampling
technician, an individual must successfully complete the appropriate
course accredited by EPA under §745.225 or by a State or Tribal program
that is authorized under subpart Q of this part. The course completion
certificate serves as proof of certification. EPA renovator
certification allows the certified individual to perform renovations
covered by this section in any State or Indian Tribal area that does not
have a renovation program that is authorized under subpart Q of this
part. EPA dust sampling technician certification allows the certified
individual to perform dust clearance sampling under §745.85(c) in any
State or Indian Tribal area that does not have a renovation program that
is authorized under subpart Q of this part.

(2) Individuals who have successfully completed an accredited abatement
worker or supervisor course, or individuals who have successfully
completed an EPA, HUD, or EPA/HUD model renovation training course may
take an accredited refresher renovator training course in lieu of the
initial renovator training course to become a certified renovator.

(3) Individuals who have successfully completed an accredited lead-based
paint inspector or risk assessor course may take an accredited refresher
dust sampling technician course in lieu of the initial training to
become a certified dust sampling technician.

(4) To maintain renovator certification or dust sampling technician
certification, an individual must complete a renovator or dust sampling
technician refresher course accredited by EPA under §745.225 or by a
State or Tribal program that is authorized under subpart Q of this part
within 5 years of the date the individual completed the initial course
described in paragraph (a)(1) of this section. If the individual does
not complete a refresher course within this time, the individual must
re-take the initial course to become certified again. Individuals who
complete a renovator course accredited by EPA before April 22, 2010,
must complete an EPA-accredited renovator refresher course before July
1, 2015, to maintain renovator certification.

(b) Renovator responsibilities . Certified renovators are responsible
for ensuring compliance with §745.85 at all renovations to which they
are assigned. A certified renovator:

(1) Must perform all of the tasks described in §745.85(b) and must
either perform or direct workers who perform all of the tasks described
in §745.85(a).

(2) Must provide training to workers on the work practices they will be
using in performing their assigned tasks.

(3) Must be physically present at the work site when the signs required
by §745.85(a)(1) are posted, while the work area containment required
by §745.85(a)(2) is being established, and while the work area cleaning
required by §745.85(a)(5) is performed.

(4) Must regularly direct work being performed by other individuals to
ensure that the work practices are being followed, including maintaining
the integrity of the containment barriers and ensuring that dust or
debris does not spread beyond the work area.

(5) Must be available, either on-site or by telephone, at all times that
renovations are being conducted.

(6) When requested by the party contracting for renovation services,
must use an acceptable test kit to determine whether components to be
affected by the renovation contain lead-based paint.

(7) Must have with them at the work site copies of their initial course
completion certificate and their most recent refresher course completion
certificate.

(8) Must prepare the records required by §745.86(b)(1) and (b)(6).

(c) Dust sampling technician responsibilities . When performing optional
dust clearance sampling under §745.85(c), a certified dust sampling
technician:

(1) Must collect dust samples in accordance with §745.227(e)(8), must
send the collected samples to a laboratory recognized by EPA under TSCA
section 405(b), and must compare the results to the clearance levels in
accordance with §745.227(e)(8).

(2) Must have with them at the work site copies of their initial course
completion certificate and their most recent refresher course completion
certificate.

[73 FR 21765, Apr. 22, 2008, as amended at 75 FR 24819, May 6, 2010]

Sec. 745.91 Suspending, revoking, or modifying an individual’s or
firm’s certification

 (a)(1) Grounds for suspending, revoking, or modifying an individual's
certification . EPA may suspend, revoke, or modify an individual's
certification if the individual fails to comply with Federal lead-based
paint statutes or regulations. EPA may also suspend, revoke, or modify a
certified renovator's certification if the renovator fails to ensure
that all assigned renovations comply with §745.85. 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.

(2) Grounds for suspending, revoking, or modifying a firm's
certification . EPA may suspend, revoke, or modify a firm's
certification if the firm:

(i) Submits false or misleading information to EPA in its application
for certification or re-certification.

(ii) Fails to maintain or falsifies records required in §745.86.

(iii) Fails to comply, or an individual performing a renovation on
behalf of the firm fails to comply, with Federal lead-based paint
statutes or regulations. 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.

(b) Process for suspending, revoking, or modifying certification . (1)
Prior to taking action to suspend, revoke, or modify an individual's or
firm's certification, EPA will notify the affected entity in writing of
the following:

(i) The legal and factual basis for the proposed 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 certification in
the future.

(iv) The opportunity and method for requesting a hearing prior to final
suspension, revocation, or modification.

(2) If an individual or firm requests a hearing, EPA will:

(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.

(ii) Appoint an impartial official of EPA as Presiding Officer to
conduct the hearing.

(3) The Presiding Officer will:

(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. The order
must contain the commencement date and duration of the suspension,
revocation, or modification.

(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 will:

(i) Notify the affected entity in accordance with paragraph (b)(1)(i)
through (b)(1)(iii) of this section, explaining why it is necessary to
suspend the entity's certification before an opportunity for a hearing.

(ii) 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
transcript or other verbatim record of oral testimony, and any documents
filed by a certified individual or firm in a hearing under this section
will 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 will 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) EPA will maintain a publicly available list of entities whose
certification has been suspended, revoked, modified, or reinstated.

(7) Unless the decision and order issued under paragraph (b)(3)(iii) of
this section specify otherwise:

(i) An individual whose certification has been suspended must take a
refresher training course (renovator or dust sampling technician) in
order to make his or her certification current.

(ii) An individual whose certification has been revoked must take an
initial renovator or dust sampling technician course in order to become
certified again.

(iii) A firm whose certification has been revoked must reapply for
certification after the revocation ends in order to become certified
again. If the firm's certification has been suspended and the suspension
ends less than 5 years after the firm was initially certified or
re-certified, the firm does not need to do anything to re-activate its
certification.

[73 FR 21765, Apr. 22, 2008]

Sec. 745.92 Fees for the accreditation of renovation and dust sampling
technician training and the certification of renovation firms

(a) Persons who must pay fees . Fees in accordance with paragraph (b) of
this section must be paid by:

(1) Training programs —(i) Non-exempt training programs . 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: Renovator, dust sampling technician.

(ii) Exemption . No fee shall be imposed on any training program
operated by a State, federally recognized Indian Tribe, local
government, or non-profit organization. This exemption does not apply to
the certification of firms or individuals.

(2) Firms . All firms applying to EPA for certification and
re-certification to conduct renovations.

(b) Fee amounts —(1) Certification and accreditation fees . Initial
and renewal certification and accreditation fees are specified in the
following table:

Training Program	Accreditation	Re-accreditation (every 4 years, see 40
CFR 745.225(f)(1) for details)

Initial Renovator or Dust Sampling Technician Course	$560	$340

Refresher Renovator or Dust Sampling Technician Course	$400	$310

Renovation Firm	Certification	Re-certification (every 5 years see 40 CFR
745.89(b))

Firm	$300	$300

Combined Renovation and Lead-based Paint Activities Firm Application
$550	$550

Combined Renovation and Lead-based Paint Activities Tribal Firm
Application	$20	$20

Tribal Firm	$20	$20

(2) Lost certificate . A $15 fee will be charged for the replacement of
a firm certificate.

(c) Certificate replacement . Firms seeking certificate replacement
must:

(1) Complete the applicable portions of the “Application for Firms”
in accordance with the instructions provided.

(2) Submit the application and a payment of $15 in accordance with the
instructions provided with the application package.

(d) Failure to remit fees . (1) EPA will not provide certification,
re-certification, accreditation, or re-accreditation for any firm or
training program that does not remit fees described in paragraph (b) of
this section in accordance with the procedures specified in 40 CFR
745.89.

(2) EPA will not replace a certificate for any firm that does not remit
the $15 fee in accordance with the procedures specified in paragraph (c)
of this section.

[74 FR 11869, Mar. 20, 2009]

