EPA ICR No. 1715.13; OMB Control No. 2070-0155

ATTACHMENT 2

40 CFR 745, Subparts E, L, and Q

Lead-Based Paint Poisoning Prevention in 

Certain Residential Structures

Subpart E - Residential Property Renovation

Subpart L - Lead-Based Paint Activities

Subpart Q - State and Indian Tribal Programs

TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

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

SUBPART 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]

 

TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

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

 

Subpart L--Lead-Based Paint Activities

    Source: 61 FR 45813, Aug. 29, 1996, unless otherwise noted.

Sec. 745.220 Scope and applicability.

    (a) This subpart contains procedures and requirements for the
accreditation of lead-based paint activities training programs,
procedures and requirements for the certification of individuals and
firms engaged in lead-based paint activities, and work practice
standards for performing such activities. This subpart also requires
that, except as discussed below, all lead-based paint activities, as
defined in this subpart, be performed by certified individuals and
firms.

    (b) This subpart applies to all individuals and firms who are
engaged in lead-based paint activities as defined in Sec. 745.223,
except persons who perform these activities within residential dwellings
that they own, unless the residential dwelling is occupied by a person
or persons other than the owner or the owner’s immediate family while
these activities are being performed, or a child residing in the
building has been identified as having an elevated blood lead level.
This subpart applies only in those States or Indian Country that do not
have an authorized State or Tribal program pursuant to Sec. 745.324 of
subpart Q.

    (c) Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government having
jurisdiction over any property or facility, or engaged in any activity
resulting, or which may result, in a lead-based paint hazard, and each
officer, agent, or employee thereof shall be subject to, and comply
with, all Federal, State, interstate, and local requirements, both
substantive and procedural, including the requirements of this subpart
regarding lead-based paint, lead-based paint activities, and lead-based
paint hazards.

    (d) While this subpart establishes specific requirements for
performing lead-based paint activities should they be undertaken,
nothing in this subpart requires that the owner or occupant undertake
any particular lead-based paint activity.

Sec. 745.223 Definitions.

    The definitions in subpart A apply to this subpart. In addition, the
following definitions apply.

    Abatement means any measure or set of measures designed to
permanently eliminate lead-based paint hazards. Abatement includes, but
is not limited to:

    (1) The removal of lead-based paint and lead-contaminated dust, the
permanent enclosure or encapsulation of lead-based paint, the
replacement of lead-painted surfaces or fixtures, and the removal or
covering of lead-contaminated soil; and

    (2) All preparation, cleanup, disposal, and post-abatement clearance
testing activities associated with such measures.

    (3) Specifically, abatement includes, but is not limited to:

    (i) Projects for which there is a written contract or other
documentation, which provides that an individual or firm will be
conducting activities in or to a residential dwelling or child-occupied
facility that:

    (A) Shall result in the permanent elimination of lead-based paint
hazards; or

    (B) Are designed to permanently eliminate lead-based paint hazards
and are described in paragraphs (1) and (2) of this definition.

    (ii) Projects resulting in the permanent elimination of lead-based
paint hazards, conducted by firms or individuals certified in accordance
with Sec. 745.226, unless such projects are covered by paragraph (4) of
this definition;

    (iii) Projects resulting in the permanent elimination of lead-based
paint hazards, conducted by firms or individuals who, through their
company name or promotional literature, represent, advertise, or hold
themselves out to be in the business of performing lead-based paint 

activities as identified and defined by this section, unless such
projects are covered by paragraph (4) of this definition; or

    (iv) Projects resulting in the permanent elimination of lead-based
paint hazards, that are conducted in response to State or local
abatement orders.

    (4) Abatement does not include renovation, remodeling, landscaping
or other activities, when such activities are not designed to
permanently eliminate lead-based paint hazards, but, instead, are
designed to repair, restore, or remodel a given structure or dwelling,
even though these activities may incidentally result in a reduction or
elimination of lead-based paint hazards. Furthermore, abatement does not
include interim controls, operations and maintenance activities, or
other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards.

    Accredited training program means a training program that has been
accredited by EPA pursuant to Sec. 745.225 to provide training for
individuals engaged in lead-based paint activities.

    Adequate quality control means a plan or design which ensures the
authenticity, integrity, and accuracy of samples, including dust, soil,
and paint chip or paint film samples. Adequate quality control also
includes provisions for representative sampling.

    Certified firm means a company, partnership, corporation, sole
proprietorship, association, or other business entity that performs
lead-based paint activities to which EPA has issued a certificate of
approval pursuant to Sec. 745.226(f).

    Certified inspector means an individual who has been trained by an
accredited training program, as defined by this section, and certified
by EPA pursuant to Sec. 745.226 to conduct inspections. A certified
inspector also samples for the presence of lead in dust and soil for the
purposes of abatement clearance testing.

    Certified abatement worker means an individual who has been trained
by an accredited training program, as defined by this section, and
certified by EPA pursuant to Sec. 745.226 to perform abatements.

    Certified project designer means an individual who has been trained
by an accredited training program, as defined by this section, and
certified by EPA pursuant to Sec. 745.226 to prepare abatement project
designs, occupant protection plans, and abatement reports.

    Certified risk assessor means an individual who has been trained by
an accredited training program, as defined by this section, and
certified by EPA pursuant to Sec. 745.226 to conduct risk assessments. A
risk assessor also samples for the presence of lead in dust and soil for
the purposes of abatement clearance testing.

    Certified supervisor means an individual who has been trained by an
accredited training program, as defined by this section, and certified
by EPA pursuant to Sec. 745.226 to supervise and conduct abatements, and
to prepare occupant protection plans and abatement reports.

    Child-occupied facility means a building, or portion of a building,
constructed prior to 1978, visited regularly by the same child, 6 years
of age or under, on at least two different days within any week (Sunday
through Saturday period), provided that each day’s visit lasts at
least 3 hours and the combined weekly visit lasts at least 6 hours, and
the combined annual visits last at least 60 hours. Child-occupied
facilities may include, but are not limited to, day-care centers,
preschools and kindergarten classrooms.

    Clearance levels are values that indicate the maximum amount of lead
permitted in dust on a surface following completion of an abatement
activity.

    Common area means a portion of a building that is generally
accessible to all occupants. Such an area may include, but is not
limited to, hallways, stairways, laundry and recreational rooms,
playgrounds, community centers, garages, and boundary fences.

    Component or building component means specific design or structural
elements or fixtures of a building, residential dwelling, or
child-occupied facility that are distinguished from each other by form,
function, and location. These include, but are not limited to, interior
components such as: ceilings, crown molding, walls, chair rails, doors,
door trim, floors, fireplaces, radiators and other heating units,
shelves, shelf supports, stair treads, stair risers, stair stringers,
newel posts, railing caps, balustrades, windows and trim (including
sashes, window heads, jambs, sills or stools and troughs), built in
cabinets, columns, beams, bathroom vanities, counter tops, and air
conditioners; and exterior components such as: painted roofing,
chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias,
rake boards, cornerboards, bulkheads, doors and door trim, fences,
floors, joists, lattice work, railings and railing caps, siding,
handrails, stair risers and treads, stair stringers, columns,
balustrades, window sills or stools and troughs, casings, sashes and
wells, and air conditioners.

    Containment means a process to protect workers and the environment
by controlling exposures to the lead-contaminated dust and debris
created during an abatement.

    Course agenda means an outline of the key topics to be covered
during a training course, including the time allotted to teach each
topic.

    Course test means an evaluation of the overall effectiveness of the
training which shall test the trainees’ knowledge and retention of the
topics covered during the course.

    Course test blue print means written documentation identifying the
proportion of course test questions devoted to each major topic in the
course curriculum.

    Deteriorated paint means paint that is cracking, flaking, chipping,
peeling, or otherwise separating from the substrate of a building
component.

    Discipline means one of the specific types or categories of
lead-based paint activities identified in this subpart for which
individuals may receive training from accredited programs and become
certified by EPA. For example, ``abatement worker’‘ is a discipline.

    Distinct painting history means the application history, as
indicated by its visual appearance or a record of application, over
time, of paint or other surface coatings to a component or room.

    Documented methodologies are methods or protocols used to sample for
the presence of lead in paint, dust, and soil.

 concentration of lead in whole blood of 20 g/dl (micrograms of lead
per deciliter of whole blood) for a single venous test or of 15-19
/dl in two consecutive tests taken 3 to 4 months apart.

    Encapsulant means a substance that forms a barrier between
lead-based paint and the environment using a liquid-applied coating
(with or without reinforcement materials) or an adhesively bonded
covering material.

    Encapsulation means the application of an encapsulant.

    Enclosure means the use of rigid, durable construction materials
that are mechanically fastened to the substrate in order to act as a
barrier between lead-based paint and the environment.

    Guest instructor means an individual designated by the training
program manager or principal instructor to provide instruction specific
to the lecture, hands-on activities, or work practice components of a
course.

    Hands-on skills assessment means an evaluation which tests the
trainees’ ability to satisfactorily perform the work practices and
procedures identified in Sec. 745.225(d), as well as any other skill
taught in a training course.

    Hazardous waste means any waste as defined in 40 CFR 261.3.

    Inspection means a surface-by-surface investigation to determine the
presence of lead-based paint and the provision of a report explaining
the results of the investigation.

    Interim certification means the status of an individual who has
successfully completed the appropriate training course in a discipline
from an accredited training program, as defined by this section, but has
not yet received formal certification in that discipline from EPA
pursuant to Sec. 745.226. Interim certifications expire 6 months after
the completion of the training course, and is equivalent to a
certificate for the 6-month period.

    Interim controls means a set of measures designed to temporarily
reduce human exposure or likely exposure to lead-based paint hazards,
including specialized cleaning, repairs, maintenance, painting,
temporary containment, ongoing monitoring of lead-based paint hazards or
potential hazards, and the establishment and operation of management and
resident education programs.

    Lead-based paint means paint or other surface coatings that contain
lead equal to or in excess of 1.0 milligrams per square centimeter or
more than 0.5 percent by weight.

    Lead-based paint activities means, in the case of target housing and
child-occupied facilities, inspection, risk assessment, and abatement,
as defined in this subpart.

    Lead-based paint hazard means any condition that causes exposure to
lead from lead-contaminated dust, lead-contaminated soil, or
lead-contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as identified by the Administrator pursuant
to TSCA section 403.

    Lead-contaminated dust means surface dust in residential dwellings,
or child-occupied facilities that contains an area or mass concentration
of lead at or in excess of levels identified by the Administrator
pursuant to TSCA section 403.

    Lead-contaminated soil means bare soil on residential real property
and on the property of a child-occupied facility that contains lead at
or in excess of levels identified by the Administrator pursuant to TSCA
section 403.

    Lead-hazard screen is a limited risk assessment activity that
involves limited paint and dust sampling as described in Sec.
745.227(c).

    Living area means any area of a residential dwelling used by one or
more children age 6 and under, including, but not limited to, living
rooms, kitchen areas, dens, play rooms, and children’s bedrooms.

    Local government means a county, city, town, borough, parish,
district, association, or other public body (including an agency
comprised of two or more of the foregoing entities) created under State
law.

    Multi-family dwelling means a structure that contains more than one
separate residential dwelling unit, which is used or occupied, or
intended to be used or occupied, in whole or in part, as the home or
residence of one or more persons.

    Nonprofit means an entity which has demonstrated to any branch of
the Federal Government or to a State, municipal, tribal or territorial
government, that no part of its net earnings inure to the benefit of any
private shareholder or individual.

    Paint in poor condition means more than 10 square feet of
deteriorated paint on exterior components with large surface areas; or
more than 2 square feet of deteriorated paint on interior components
with large surface areas (e.g., walls, ceilings, floors, doors); or more
than 10 percent of the total surface area of the component is
deteriorated on interior or exterior components with small surface areas
(window sills, baseboards, soffits, trim).

    Permanently covered soil means soil which has been separated from
human contact by the placement of a barrier consisting of solid,
relatively impermeable materials, such as pavement or concrete. Grass,
mulch, and other landscaping materials are not considered permanent
covering.

    Person means any natural or judicial person including any
individual, corporation, partnership, or association; any Indian Tribe,
State, or political subdivision thereof; any interstate body; and any
department, agency, or instrumentality of the Federal government.

    Principal instructor means the individual who has the primary
responsibility for organizing and teaching a particular course.

    Recognized laboratory means an environmental laboratory recognized
by EPA pursuant to TSCA section 405(b) as being capable of performing an
analysis for lead compounds in paint, soil, and dust.

    Reduction means measures designed to reduce or eliminate human
exposure to lead-based paint hazards through methods including interim
controls and abatement.

    Residential dwelling means (1) a detached single family dwelling
unit, including attached structures such as porches and stoops; or (2) a
single family dwelling unit in a structure that contains more than one
separate residential dwelling unit, which is used or occupied, or
intended to be used or occupied, in whole or in part, as the home or
residence of one or more persons.

    Risk assessment means (1) an on-site investigation to determine the
existence, nature, severity, and location of lead-based paint hazards,
and (2) the provision of a report by the individual or the firm
conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards.

    State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Canal Zone, American Samoa, the Northern Mariana Islands, or any other
territory or possession of the United States.

    Target housing means any housing constructed prior to 1978, except
housing for the elderly or persons with disabilities (unless any one or
more children age 6 years or under resides or is expected to reside in
such housing for the elderly or persons with disabilities) or any
0-bedroom dwelling.

    Training curriculum means an established set of course topics for
instruction in an accredited training program for a particular
discipline designed to provide specialized knowledge and skills.

    Training hour means at least 50 minutes of actual learning,
including, but not limited to, time devoted to lecture, learning
activities, small group activities, demonstrations, evaluations, and/or 

hands-on experience.

    Training manager means the individual responsible for administering
a training program and monitoring the performance of principal
instructors and guest instructors.

    Visual inspection for clearance testing means the visual examination
of a residential dwelling or a child-occupied facility following an
abatement to determine whether or not the abatement has been
successfully completed.

    Visual inspection for risk assessment means the visual examination
of a residential dwelling or a child-occupied facility to determine the
existence of deteriorated lead-based paint or other potential sources of
lead-based paint hazards.

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

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

    (a) Scope. (1) A training program may seek accreditation to offer
lead-based paint activities courses in any of the following disciplines:
inspector, risk assessor, supervisor, project designer, and abatement
worker. A training program may also seek accreditation to offer
refresher courses for each of the above listed disciplines.

    (2) Training programs may first apply to EPA for accreditation of
their lead-based paint activities courses or refresher courses pursuant
to this section on or after August 31, 1998.

    (3) A training program shall not provide, offer, or claim to provide
EPA-accredited lead-based paint activities courses without applying for
and receiving accreditation from EPA as required under paragraph (b) of
this section on or after March 1, 1999.

    (b) Application process. The following are procedures a training
program shall follow to receive EPA accreditation to offer lead-based
paint activities courses:

    (1) A training program seeking accreditation shall submit a written
application to EPA containing the following information:

    (i) The training program’s name, address, and telephone number.

    (ii) A list of courses for which it is applying for accreditation.

    (iii) A statement signed by the training program manager certifying
that the training program meets the requirements established in
paragraph (c) of this section. If a training program uses
EPA-recommended model training materials, or training materials approved
by a State or Indian Tribe that has been authorized by EPA under subpart
Q of this part, the training program manager shall include a statement
certifying that, as well.

    (iv) If a training program does not use EPA-recommended model
training materials or training materials approved by an authorized State
or Indian Tribe, its application for accreditation shall also include:

    (A) A copy of the student and instructor manuals, or other materials
to be used for each course.

    (B) A copy of the course agenda for each course.

    (v) All training programs shall include in their application for
accreditation the following:

    (A) A description of the facilities and equipment to be used for
lecture and hands-on training.

    (B) A copy of the course test blueprint for each course.

    (C) A description of the activities and procedures that will be used
for conducting the assessment of hands-on skills for each course.

    (D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.

    (2) If a training program meets the requirements in paragraph (c) of
this section, then EPA shall approve the application for accreditation
no more than 180 days after receiving a complete application from the
training program. In the case of approval, a certificate of
accreditation shall be sent to the applicant. In the case of
disapproval, a letter describing the reasons for disapproval shall be
sent to the applicant. Prior to disapproval, EPA may, at its discretion,
work with the applicant to address inadequacies in the application for
accreditation. EPA may also request additional materials retained by the
training program under paragraph (i) of this section. If a training
program’s application is disapproved, the program may reapply for
accreditation at any time.

    (3) A training program may apply for accreditation to offer courses
or refresher courses in as many disciplines as it chooses. A training
program may seek accreditation for additional courses at any time as
long as the program can demonstrate that it meets the requirements of
this section.

    (4) A training program applying for accreditation must submit the
appropriate fees in accordance with Sec. 745.238.

    (c) Requirements for the accreditation of training programs. For a
training program to obtain accreditation from EPA to offer lead-based
paint activities courses, the program shall meet the following
requirements:

    (1) The training program shall employ a training manager who has:

    (i) At least 2 years of experience, education, or training in
teaching workers or adults; or

    (ii) A bachelor’s or graduate degree in building construction
technology, engineering, industrial hygiene, safety, public health,
education, business administration or program management or a related
field; or

    (iii) Two years of experience in managing a training program
specializing in environmental hazards; and

    (iv) Demonstrated experience, education, or training in the
construction industry including: lead or asbestos abatement, painting,
carpentry, renovation, remodeling, occupational safety and health, or
industrial hygiene.

    (2) The training manager shall designate a qualified principal
instructor for each course who has:

    (i) Demonstrated experience, education, or training in teaching
workers or adults; and

    (ii) Successfully completed at least 16 hours of any EPA-accredited
or EPA-authorized State or Tribal-accredited lead-specific training; and

    (iii) Demonstrated experience, education, or training in lead or
asbestos abatement, painting, carpentry, renovation, remodeling,
occupational safety and health, or industrial hygiene.

    (3) The principal instructor shall be responsible for the
organization of the course and oversight of the teaching of all course
material. The training manager may designate guest instructors as needed
to provide instruction specific to the lecture, hands-on activities, or
work practice components of a course.

    (4) The following documents shall be recognized by EPA as evidence
that training managers and principal instructors have the education,
work experience, training requirements or demonstrated experience,
specifically listed in paragraphs (c)(1) and (c)(2) of this section.
This documentation need not be submitted with the accreditation
application, but, if not submitted, shall be retained by the training
program as required by the recordkeeping requirements contained in
paragraph (i) of this section. Those documents include the following:

    (i) Official academic transcripts or diploma as evidence of meeting
the education requirements.

    (ii) Resumes, letters of reference, or documentation of work
experience, as evidence of meeting the work experience requirements.

    (iii) Certificates from train-the-trainer courses and lead-specific
training courses, as evidence of meeting the training requirements.

    (5) The training program shall ensure the availability of, and
provide adequate facilities for, the delivery of the lecture, course
test, hands-on training, and assessment activities. This includes 

providing training equipment that reflects current work practices and
maintaining or updating the equipment and facilities as needed.

    (6) To become accredited in the following disciplines, the training
program shall provide training courses that meet the following training
hour requirements:

    (i) The inspector course shall last a minimum of 24 training hours,
with a minimum of 8 hours devoted to hands-on training activities. The
minimum curriculum requirements for the inspector course are contained
in paragraph (d)(1) of this section.

    (ii) The risk assessor course shall last a minimum of 16 training
hours, with a minimum of 4 hours devoted to hands-on training
activities. The minimum curriculum requirements for the risk assessor
course are contained in paragraph (d)(2) of this section.

    (iii) The supervisor course shall last a minimum of 32 training
hours, with a minimum of 8 hours devoted to hands-on activities. The
minimum curriculum requirements for the supervisor course are contained
in paragraph (d)(3) of this section.

    (iv) The project designer course shall last a minimum of 8 training
hours. The minimum curriculum requirements for the project designer
course are contained in paragraph (d)(4) of this section.

    (v) The abatement worker course shall last a minimum of 16 training
hours, with a minimum of 8 hours devoted to hands-on training
activities. The minimum curriculum requirements for the abatement worker
course are contained in paragraph (d)(5) of this section.

    (7) For each course offered, the training program shall conduct
either a course test at the completion of the course, and if applicable,
a hands-on skills assessment, or in the alternative, a proficiency test
for that discipline. Each individual must successfully complete the
hands-on skills assessment and receive a passing score on the course
test to pass any course, or successfully complete a proficiency test.

    (i) The training manager is responsible for maintaining the validity
and integrity of the hands-on skills assessment or proficiency test to
ensure that it accurately evaluates the trainees’ performance of the
work practices and procedures associated with the course topics
contained in paragraph (d) of this section.

    (ii) The training manager is responsible for maintaining the
validity and integrity of the course test to ensure that it accurately
evaluates the trainees’ knowledge and retention of the course topics.

    (iii) The course test shall be developed in accordance with the test
blueprint submitted with the training accreditation application.

    (8) The training program shall issue unique course completion
certificates to each individual who passes the training course. The
course completion certificate shall include:

    (i) The name, a unique identification number, and address of the
individual.

    (ii) The name of the particular course that the individual
completed.

    (iii) Dates of course completion/test passage.

    (iv) Expiration date of interim certification, which shall be 6
months from the date of course completion.

    (v) The name, address, and telephone number of the training program.

    (9) The training manager shall develop and implement a quality
control plan. The plan shall be used to maintain and improve the quality
of the training program over time. This plan shall contain at least the
following elements:

    (i) Procedures for periodic revision of training materials and the
course test to reflect innovations in the field.

    (ii) Procedures for the training manager’s annual review of
principal instructor competency.

    (10) The training program shall offer courses which teach the work
practice standards for conducting lead-based paint activities contained
in Sec. 745.227, and other standards developed by EPA pursuant to Title
IV of TSCA. These standards shall be taught in the appropriate courses 

to provide trainees with the knowledge needed to perform the lead-based
paint activities they are responsible for conducting.

    (11) The training manager shall be responsible for ensuring that the
training program complies at all times with all of the requirements in
this section.

    (12) The training manager shall allow EPA to audit the training
program to verify the contents of the application for accreditation as
described in paragraph (b) of this section.

    (d) Minimum training curriculum requirements. To become accredited
to offer lead-based paint courses instruction in the specific
disciplines listed below, training programs must ensure that their
courses of study include, at a minimum, the following course topics.
Requirements ending in an asterisk (*) indicate areas that require
hands-on activities as an integral component of the course.

    (1) Inspector. 

    (i) Role and responsibilities of an inspector.

    (ii) Background information on lead and its adverse health effects.

    (iii) Background information on Federal, State, and local
regulations and guidance that pertains to lead-based paint and
lead-based paint activities.

    (iv) Lead-based paint inspection methods, including selection of
rooms and components for sampling or testing.*

    (v) Paint, dust, and soil sampling methodologies.*

    (vi) Clearance standards and testing, including random sampling.*

    (vii) Preparation of the final inspection report.*

    (viii) Recordkeeping.

    (2) Risk assessor. 

    (i) Role and responsibilities of a risk assessor.

    (ii) Collection of background information to perform a risk
assessment.

    (iii) Sources of environmental lead contamination such as paint,
surface dust and soil, water, air, packaging, and food.

    (iv) Visual inspection for the purposes of identifying potential
sources of lead-based paint hazards.*

    (v) Lead hazard screen protocol.

    (vi) Sampling for other sources of lead exposure.*

    (vii) Interpretation of lead-based paint and other lead sampling
results, including all applicable State or Federal guidance or
regulations pertaining to lead-based paint hazards.*

    (viii) Development of hazard control options, the role of interim
controls, and operations and maintenance activities to reduce lead-based
paint hazards.

    (ix) Preparation of a final risk assessment report.

    (3) Supervisor. 

    (i) Role and responsibilities of a supervisor.

    (ii) Background information on lead and its adverse health effects.

    (iii) Background information on Federal, State, and local
regulations and guidance that pertain to lead-based paint abatement.

    (iv) Liability and insurance issues relating to lead-based paint
abatement.

    (v) Risk assessment and inspection report interpretation.*

    (vi) Development and implementation of an occupant protection plan
and abatement report.

    (vii) Lead-based paint hazard recognition and control.*

    (viii) Lead-based paint abatement and lead-based paint hazard
reduction methods, including restricted practices.*

    (ix) Interior dust abatement/cleanup or lead-based paint hazard
control and reduction methods.*

    (x) Soil and exterior dust abatement or lead-based paint hazard
control and reduction methods.*

    (xi) Clearance standards and testing.

    (xii) Cleanup and waste disposal.

    (xiii) Recordkeeping.

    (4) Project designer. 

    (i) Role and responsibilities of a project designer.

    (ii) Development and implementation of an occupant protection plan
for large scale abatement projects.

    (iii) Lead-based paint abatement and lead-based paint hazard
reduction methods, including restricted practices for large-scale
abatement projects.

    (iv) Interior dust abatement/cleanup or lead hazard control and
reduction methods for large-scale abatement projects.

    (v) Clearance standards and testing for large scale abatement 

projects.

    (vi) Integration of lead-based paint abatement methods with
modernization and rehabilitation projects for large scale abatement
projects.

    (5) Abatement worker. 

    (i) Role and responsibilities of an abatement worker.

    (ii) Background information on lead and its adverse health effects.

    (iii) Background information on Federal, State and local regulations
and guidance that pertain to lead-based paint abatement.

    (iv) Lead-based paint hazard recognition and control.*

    (v) Lead-based paint abatement and lead-based paint hazard reduction
methods, including restricted practices.*

    (vi) Interior dust abatement methods/cleanup or lead-based paint
hazard reduction.*

    (vii) Soil and exterior dust abatement methods or lead-based paint
hazard reduction.*

    (e) Requirements for the accreditation of refresher training
programs. A training program may seek accreditation to offer refresher
training courses in any of the following disciplines: inspector, risk
assessor, supervisor, project designer, and abatement worker. To obtain
EPA accreditation to offer refresher training, a training program must
meet the following minimum requirements:

    (1) Each refresher course shall review the curriculum topics of the
full-length courses listed under paragraph (d) of this section, as
appropriate. In addition, to become accredited to offer refresher
training courses, training programs shall ensure that their courses of
study include, at a minimum, the following:

    (i) An overview of current safety practices relating to lead-based
paint activities in general, as well as specific information pertaining
to the appropriate discipline.

    (ii) Current laws and regulations relating to lead-based paint
activities in general, as well as specific information pertaining to the
appropriate discipline.

    (iii) Current technologies relating to lead-based paint activities
in general, as well as specific information pertaining to the
appropriate discipline.

    (2) Each refresher course, except for the project designer course,
shall last a minimum of 8 training hours. The project designer refresher
course shall last a minimum of 4 training hours.

    (3) For each course offered, the training program shall conduct a
hands-on assessment (if applicable), and at the completion of the
course, a course test.

    (4) A training program may apply for accreditation of a refresher
course concurrently with its application for accreditation of the
corresponding training course as described in paragraph (b) of this
section. If so, EPA shall use the approval procedure described in
paragraph (b) of this section. In addition, the minimum requirements
contained in paragraphs (c) (except for the requirements in paragraph
(c)(6)), and (e)(1), (e)(2) and (e)(3) of this section shall also apply.

    (5) A training program seeking accreditation to offer refresher
training courses only shall submit a written application to EPA
containing the following information:

    (i) The refresher training program’s name, address, and telephone
number.

    (ii) A list of courses for which it is applying for accreditation.

    (iii) A statement signed by the training program manager certifying
that the refresher training program meets the minimum requirements
established in paragraph (c) of this section, except for the
requirements in paragraph (c)(6) of this section. If a training program
uses EPA-developed model training materials, or training materials
approved by a State or Indian Tribe that has been 

authorized by EPA under Sec. 745.324 to develop its refresher training
course materials, the training manager shall include a statement
certifying that, as well.

    (iv) If the refresher training course materials are not based on
EPA-developed model training materials or training materials approved by
an authorized State or Indian Tribe, the training program’s
application for accreditation shall include:

    (A) A copy of the student and instructor manuals to be used for each
course.

    (B) A copy of the course agenda for each course.

    (v) All refresher training programs shall include in their
application for accreditation the following:

    (A) A description of the facilities and equipment to be used for
lecture and hands-on training.

    (B) A copy of the course test blueprint for each course.

    (C) A description of the activities and procedures that will be used
for conducting the assessment of hands-on skills for each course (if
applicable).

    (D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.

    (vi) The requirements in paragraphs (c)(1) through (c)(5), and
(c)(7) through (c)(12) of this section apply to refresher training
providers.

    (vii) If a refresher training program meets the requirements listed
in this paragraph, then EPA shall approve the application for
accreditation no more than 180 days after receiving a complete
application from the refresher training program. In the case of
approval, a certificate of accreditation shall be sent to the applicant.
In the case of disapproval, a letter describing the reasons for
disapproval shall be sent to the applicant. Prior to disapproval, EPA
may, at its discretion, work with the applicant to address inadequacies
in the application for accreditation. EPA may also request additional
materials retained by the refresher training program under paragraph (i)
of this section. If a refresher training program’s application is
disapproved, the program may reapply for accreditation at any time.

    (f) Re-accreditation of training programs. 

    (1) Unless re-accredited, a training program’s accreditation
(including refresher training 

accreditation) shall expire 4 years after the date of issuance. If a
training program meets the requirements of this section, the training
program shall be re-accredited.

    (2) A training program seeking re-accreditation shall submit an
application to EPA no later than 180 days before its accreditation
expires. If a training program does not submit its application for
re-accreditation by that date, EPA cannot guarantee that the program
will be re-accredited before the end of the accreditation period.

    (3) The training program’s application for re-accreditation shall
contain:

    (i) The training program’s name, address, and telephone number.

    (ii) A list of courses for which it is applying for
re-accreditation.

    (iii) A description of any changes to the training facility,
equipment or course materials since its last application was approved
that adversely affects the students ability to learn.

    (iv) A statement signed by the program manager stating:

    (A) That the training program complies at all times with all
requirements in paragraphs (c) and (e) of this section, as applicable;
and

    (B) The recordkeeping and reporting requirements of paragraph (i) of
this section shall be followed.

    (v) A payment of appropriate fees in accordance with Sec. 745.238.

    (4) Upon request, the training program shall allow EPA to audit the
training program to verify the contents of the application for
re-accreditation as described in paragraph (f)(3) of this section.

    (g) Suspension, revocation, and modification of accredited training
programs. 

    (1) EPA may, after notice and an opportunity for hearing, suspend,
revoke, or modify training program accreditation (including refresher
training accreditation) if a training program, training manager, or
other person with supervisory authority over the training program has:

    (i) Misrepresented the contents of a training course to EPA and/or
the student population.

    (ii) Failed to submit required information or notifications in a
timely manner.

    (iii) Failed to maintain required records.

    (iv) Falsified accreditation records, instructor qualifications, or
other accreditation-related information or documentation.

    (v) Failed to comply with the training standards and requirements in
this section.

    (vi) Failed to comply with Federal, State, or local lead-based paint
statutes or regulations.

    (vii) Made false or misleading statements to EPA in its application
for accreditation or re-accreditation which EPA relied upon in approving
the application.

    (2) In addition to an administrative or judicial finding of
violation, execution of a consent agreement in settlement of an
enforcement action constitutes, for purposes of this section, evidence
of a failure to comply with relevant statutes or regulations.

    (h) Procedures for suspension, revocation or modification of
training program accreditation. (1) Prior to taking action to suspend,
revoke, or modify the accreditation of a training program, EPA shall
notify the affected entity in writing of the following:

    (i) The legal and factual basis for the suspension, revocation, or
modification.

    (ii) The anticipated commencement date and duration of the
suspension, revocation, or modification.

    (iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification, or to receive accreditation in
the future.

    (iv) The opportunity and method for requesting a hearing prior to
final EPA action to suspend, revoke or modify accreditation.

    (v) Any additional information, as appropriate, which EPA may
provide.

    (2) If a hearing is requested by the accredited training program,
EPA shall:

    (i) Provide the affected entity an opportunity to offer written
statements in response to EPA’s assertions of the legal and factual
basis for its proposed action, and any other explanations, comments, and
arguments it deems relevant to the proposed action.

    (ii) Provide the affected entity such other procedural opportunities
as EPA may deem appropriate to ensure a fair and impartial hearing.

    (iii) Appoint an official of EPA as Presiding Officer to conduct the
hearing. No person shall serve as Presiding Officer if he or she has had
any prior connection with the specific matter.

    (3) The Presiding Officer appointed pursuant to paragraph (h)(2) of
this section shall:

    (i) Conduct a fair, orderly, and impartial hearing within 90 days of
the request for a hearing.

    (ii) Consider all relevant evidence, explanation, comment, and
argument submitted.

    (iii) Notify the affected entity in writing within 90 days of
completion of the hearing of his or her decision and order. Such an
order is a final agency action which may be subject to judicial review.

    (4) If EPA determines that the public health, interest, or welfare
warrants immediate action to suspend the accreditation of any training
program prior to the opportunity for a hearing, it shall:

    (i) Notify the affected entity of its intent to immediately suspend
training program accreditation for the reasons listed in paragraph
(g)(1) of this section. If a suspension, revocation, or modification
notice has not previously been issued pursuant to paragraph (g)(1) of
this section, it shall be issued at the same time the emergency
suspension notice is issued.

    (ii) Notify the affected entity in writing of the grounds for the
immediate suspension and why it is necessary to suspend the entity’s
accreditation before an opportunity for a suspension, revocation or
modification hearing.

    (iii) Notify the affected entity of the anticipated commencement
date and duration of the immediate suspension.

    (iv) Notify the affected entity of its right to request a hearing on
the immediate suspension within 15 days of the suspension taking place
and the procedures for the conduct of such a 

hearing.

    (5) Any notice, decision, or order issued by EPA under this section,
any transcripts or other verbatim record of oral testimony, and any
documents filed by an accredited training program in a hearing under
this section shall be available to the public, except as otherwise
provided by section 14 of TSCA or by part 2 of this title. Any such
hearing at which oral testimony is presented shall be open to the
public, except that the Presiding Officer may exclude the public to the
extent necessary to allow presentation of information which may be
entitled to confidential treatment under section 14 of TSCA or part 2 of
this title.

    (6) The public shall be notified of the suspension, revocation,
modification or reinstatement of a training program’s accreditation
through appropriate mechanisms.

    (7) EPA shall maintain a list of parties whose accreditation has
been suspended, revoked, modified or reinstated.

    (i) Training program recordkeeping requirements. (1) Accredited
training programs shall maintain, and make available to EPA, upon
request, the following records:

    (i) All documents specified in paragraph (c)(4) of this section that
demonstrate the qualifications listed in paragraphs (c)(1) and (c)(2) of
this section of the training manager and principal instructors.

    (ii) Current curriculum/course materials and documents reflecting
any changes made to these materials.

    (iii) The course test blueprint.

    (iv) Information regarding how the hands-on assessment is conducted
including, but not limited to:

    (A) Who conducts the assessment.

    (B) How the skills are graded.

    (C) What facilities are used.

    (D) The pass/fail rate.

    (v) The quality control plan as described in paragraph (c)(9) of
this section.

    (vi) Results of the students’ hands-on skills assessments and
course tests, and a record of each student’s course completion
certificate.

    (vii) Any other material not listed above in paragraphs (i)(1)(i)
through (i)(1)(vi) of this section that was submitted to EPA as part of
the program’s application for accreditation.

    (2) The training program shall retain these records at the address
specified on the training program accreditation application (or as
modified in accordance with paragraph (i)(3) of this section for a
minimum of 3 years and 6 months.

    (3) The training program shall notify EPA in writing within 30 days
of changing the address specified on its training program accreditation
application or transferring the records from that address.

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

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

    (a) Certification of individuals. 

    (1) Individuals seeking certification by EPA to engage in lead-based
paint activities must 

either:

    (i) Submit to EPA an application demonstrating that they meet the
requirements established in paragraphs (b) or (c) of this section for
the particular discipline for which certification is sought; or

    (ii) Submit to EPA an application with a copy of a valid lead-based
paint activities certification (or equivalent) from a State or Tribal
program that has been authorized by EPA pursuant to subpart Q of this
part.

    (2) Individuals may first apply to EPA for certification to engage
in lead-based paint activities pursuant to this section on or after
March 1, 1999.

    (3) Following the submission of an application demonstrating that
all the requirements of this section have been meet, EPA shall certify
an applicant as an inspector, risk assessor, supervisor, project
designer, or abatement worker, as appropriate.

    (4) Upon receiving EPA certification, individuals conducting
lead-based paint activities shall comply with the work practice
standards for performing the appropriate lead-based paint activities as
established in Sec. 745.227.

    (5) It shall be a violation of TSCA for an individual to conduct any
of the lead-based paint activities described in Sec. 745.227 after
August 30, 1999, if that individual has not been certified by EPA
pursuant to this section to do so.

    (6) Individuals applying for certification must submit the
appropriate fees in accordance with Sec. 745.238.

    (b) Inspector, risk assessor or supervisor. 

    (1) To become certified by EPA as an inspector, risk assessor, or
supervisor, pursuant to paragraph (a)(1)(i) of this section, an
individual must:

    (i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an
accredited training program.

    (ii) Pass the certification exam in the appropriate discipline
offered by EPA; and,

    (iii) Meet or exceed the following experience and/or education
requirements:

    (A) Inspectors. 

    (1) No additional experience and/or education requirements.

    (2) [Reserved]

    (B) Risk assessors. 

    (1) Successful completion of an accredited training course for
inspectors; and

    (2) Bachelor’s degree and 1 year of experience in a related field
(e.g., lead, asbestos, environmental remediation work, or construction),
or an Associates degree and 2 years experience in a related field (e.g.,
lead, asbestos, environmental remediation work, or construction); or

    (3) Certification as an industrial hygienist, professional engineer,
registered architect and/or certification in a related
engineering/health/environmental field (e.g., safety professional,
environmental scientist); or

    (4) A high school diploma (or equivalent), and at least 3 years of
experience in a related field (e.g., lead, asbestos, environmental
remediation work or construction).

    (C) Supervisor: 

    (1) One year of experience as a certified lead-based paint abatement
worker; or

    (2) At least 2 years of experience in a related field (e.g., lead,
asbestos, or environmental remediation work) or in the building trades.

    (2) The following documents shall be recognized by EPA as evidence
of meeting the requirements listed in (b)(2)(iii) of this paragraph:

    (i) Official academic transcripts or diploma, as evidence of meeting
the education requirements.

    (ii) Resumes, letters of reference, or documentation of work
experience, as evidence of meeting the work experience requirements.

    (iii) Course completion certificates from lead-specific or other
related training courses, issued by accredited training programs, as
evidence of meeting the training requirements.

    (3) In order to take the certification examination for a particular
discipline an individual must:

    (i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an
accredited training program.

    (ii) Meet or exceed the education and/or experience requirements in
paragraph (b)(1)(iii) of this section.

    (4) The course completion certificate shall serve as interim
certification for an individual until the next available opportunity to
take the certification exam. Such interim certification shall expire 6
months after issuance.

    (5) After passing the appropriate certification exam and submitting
an application demonstrating that he/she meets the appropriate training,
education, and/or experience prerequisites described in paragraph (b)(1)
of this section, an individual shall be issued a certificate by EPA. To
maintain certification, an individual must be re-certified as described
in paragraph (e) of this section.

    (6) An individual may take the certification exam no more than three
times within 6 months of receiving a course completion certificate.

    (7) If an individual does not pass the certification exam and
receive a certificate within 6 months of receiving his/her course
completion certificate, the individual must retake the appropriate
course from an accredited training program before reapplying for
certification from EPA.

    (c) Abatement worker and project designer. 

    (1) To become certified by EPA as an abatement worker or project
designer, pursuant to paragraph (a)(1)(i) of this section, an individual
must:

    (i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an
accredited training program.

    (ii) Meet or exceed the following additional experience and/or
education requirements:

    (A) Abatement workers. (1) No additional experience and/or education
requirements.

    (2) [Reserved]

    (B) Project designers. 

    (1) Successful completion of an accredited training course for
supervisors.

    (2) Bachelor’s degree in engineering, architecture, or a related
profession, and 1 year of experience in building construction and design
or a related field; or

    (3) Four years of experience in building construction and design or
a related field.

    (2) The following documents shall be recognized by EPA as evidence
of meeting the requirements listed in this paragraph:

    (i) Official academic transcripts or diploma, as evidence of meeting
the education requirements.

    (ii) Resumes, letters of reference, or documentation of work
experience, as evidence of meeting the work experience requirements.

    (iii) Course completion certificates from lead-specific or other
related training courses, issued by accredited training programs, as
evidence of meeting the training requirements.

    (3) The course completion certificate shall serve as an interim
certification until certification from EPA is received, but shall be
valid for no more than 6 months from the date of completion.

    (4) After successfully completing the appropriate training courses
and meeting any other qualifications described in paragraph (c)(1) of
this section, an individual shall be issued a certificate from EPA. To
maintain certification, an individual must be re-certified as described 

in paragraph (e) of this section.

    (d) Certification based on prior training. 

    (1) Any individual who received training in a lead-based paint
activity between October 1, 1990, and March 1, 1999, shall be eligible
for certification by EPA under the alternative procedures contained in
this paragraph. Individuals who have received lead-based paint
activities training at an EPA-authorized State or Tribal accredited
training program shall also be eligible for certification by EPA under
the following alternative procedures:

    (i) Applicants for certification as an inspector, risk assessor, or
supervisor shall:

    (A) Demonstrate that the applicant has successfully completed
training or on-the-job training in the conduct of a lead-based paint
activity.

    (B) Demonstrate that the applicant meets or exceeds the education
and/or experience requirements in paragraph (b)(1)(iii) of this section.

    (C) Successfully complete an accredited refresher training course
for the appropriate discipline.

    (D) Pass a certification exam administered by EPA for the
appropriate discipline.

    (ii) Applicants for certification as an abatement worker or project
designer shall:

    (A) Demonstrate that the applicant has successfully completed
training or on-the-job training in the conduct of a lead-based paint
activity.

    (B) Demonstrate that the applicant meets the education and/or
experience requirements in paragraphs (c)(1) of this section; and

    (C) Successfully complete an accredited refresher training course
for the appropriate discipline.

    (2) Individuals shall have until August 30, 1999 to apply to EPA for
certification under the above procedures. After that date, all
individuals wishing to obtain certification must do so through the
procedures described in paragraph (a), and paragraph (b) or (c) of this
section, according to the discipline for which certification is sought.

    (e) Re-certification. 

    (1) To maintain certification in a particular discipline, a
certified individual shall apply to and be re-certified by EPA in that
discipline by EPA either:

    (i) Every 3 years if the individual completed a training course with
a course test and hands-on assessment; or

    (ii) Every 5 years if the individual completed a training course
with a proficiency test.

    (2) An individual shall be re-certified if the individual
successfully completes the appropriate accredited refresher training
course and submits a valid copy of the appropriate refresher course 

completion certificate.

    (3) Individuals applying for re-certification must submit the
appropriate fees in accordance with Sec. 745.238.

    (f) Certification of firms. 

    (1) All firms which perform or offer to perform any of the
lead-based paint activities described in Sec. 745.227 after August 30,
1999 shall be certified by EPA.

    (2) A firm seeking certification shall submit to EPA a letter
attesting that the firm shall only employ appropriately certified
employees to conduct lead-based paint activities, and that the firm and
its employees shall follow the work practice standards in Sec. 745.227
for conducting lead-based paint activities.

    (3) From the date of receiving the firm’s letter requesting
certification, EPA shall have 90 days to approve or disapprove the
firm’s request for certification. Within that time, EPA shall respond 

with either a certificate of approval or a letter describing the reasons
for a disapproval.

    (4) The firm shall maintain all records pursuant to the requirements
in Sec. 745.227.

    (5) Firms may first apply to EPA for certification to engage in
lead-based paint activities pursuant to this section on or after March
1, 1999.

    (6) Firms applying for certification must submit the appropriate
fees in accordance with Sec. 745.238.

    (7) To maintain certification a firm shall submit appropriate fees
in accordance with Sec. 745.238 every 3 years.

    (g) Suspension, revocation, and modification of certifications of
individuals engaged in lead-based paint activities. (1) EPA may, after
notice and opportunity for hearing, suspend, revoke, or modify an
individual’s certification if an individual has:

    (i) Obtained training documentation through fraudulent means.

    (ii) Gained admission to and completed an accredited training
program through misrepresentation of admission requirements.

    (iii) Obtained certification through misrepresentation of
certification requirements or related documents dealing with education,
training, professional registration, or experience.

    (iv) Performed work requiring certification at a job site without
having proof of certification.

    (v) Permitted the duplication or use of the individual’s own
certificate by another.

    (vi) Performed work for which certification is required, but for
which appropriate certification has not been received.

    (vii) Failed to comply with the appropriate work practice standards
for lead-based paint activities at Sec. 745.227.

    (viii) Failed to comply with Federal, State, or local lead-based
paint statutes or regulations.

    (2) In addition to an administrative or judicial finding of
violation, for purposes of this section only, execution of a consent
agreement in settlement of an enforcement action constitutes evidence of
a failure to comply with relevant statutes or regulations.

    (h) Suspension, revocation, and modification of certifications of
firms engaged in lead-based paint activities. 

    (1) EPA may, after notice and opportunity for hearing, suspend,
revoke, or modify a firm’s certification if a firm has:

    (i) Performed work requiring certification at a job site with
individuals who are not certified.

    (ii) Failed to comply with the work practice standards established
in Sec. 745.227.

    (iii) Misrepresented facts in its letter of application for
certification to EPA.

    (iv) Failed to maintain required records.

    (v) Failed to comply with Federal, State, or local lead-based paint
statutes or regulations.

    (2) In addition to an administrative or judicial finding of
violation, for purposes of this section only, execution of a consent
agreement in settlement of an enforcement action constitutes evidence of
a failure to comply with relevant statutes or regulations.

    (i) Procedures for suspension, revocation, or modification of the
certification of individuals or firms.

    (1) If EPA decides to suspend, revoke, or modify the certification
of any individual or firm, it shall notify the affected entity in
writing of the following:

    (i) The legal and factual basis for the suspension, revocation, or
modification.

    (ii) The commencement date and duration of the suspension,
revocation, or modification.

    (iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification or to receive certification in
the future.

    (iv) The opportunity and method for requesting a hearing prior to
final EPA action to suspend, revoke, or modify certification.

    (v) Any additional information, as appropriate, which EPA may
provide.

    (2) If a hearing is requested by the certified individual or firm,
EPA shall:

    (i) Provide the affected entity an opportunity to offer written
statements in response to EPA’s assertion of the legal and factual
basis and any other explanations, comments, and arguments it deems
relevant to the proposed action.

    (ii) Provide the affected entity such other procedural opportunities
as EPA may deem appropriate to ensure a fair and impartial hearing.

    (iii) Appoint an official of EPA as Presiding Officer to conduct the
hearing. No person shall serve as Presiding Officer if he or she has had
any prior connection with the specific matter.

    (3) The Presiding Officer shall:

    (i) Conduct a fair, orderly, and impartial hearing within 90 days of
the request for a hearing;

    (ii) Consider all relevant evidence, explanation, comment, and
argument submitted; and

    (iii) Notify the affected entity in writing within 90 days of
completion of the hearing of his or her decision and order. Such an
order is a final EPA action subject to judicial review.

    (4) If EPA determines that the public health, interest, or welfare
warrants immediate action to suspend the certification of any individual
or firm prior to the opportunity for a hearing, it shall:

    (i) Notify the affected entity of its intent to immediately suspend
certification for the reasons listed in paragraph (h)(1) of this
section. If a suspension, revocation, or modification notice has not
previously been issued, it shall be issued at the same time the
immediate suspension notice is issued.

    (ii) Notify the affected entity in writing of the grounds upon which
the immediate suspension is based and why it is necessary to suspend the
entity’s accreditation before an opportunity for a hearing to suspend,
revoke, or modify the individual’s or firm’s certification.

    (iii) Notify the affected entity of the commencement date and
duration of the immediate suspension.

    (iv) Notify the affected entity of its right to request a hearing on
the immediate suspension within 15 days of the suspension taking place
and the procedures for the conduct of such a hearing.

    (5) Any notice, decision, or order issued by EPA under this section,
transcript or other verbatim record of oral testimony, and any documents
filed by a certified individual or firm in a hearing under this section
shall be available to the public, except as otherwise provided by
section 14 of TSCA or by part 2 of this title. Any such hearing at which
oral testimony is presented shall be open to the public, except that the
Presiding Officer may exclude the public to the extent necessary to
allow presentation of information which may be entitled to confidential
treatment under section 14 of TSCA or part 2 of this title.

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

Sec. 745.227 Work practice standards for conducting lead-based paint
activities: target housing and child-occupied facilities.

    (a) Effective date, applicability, and terms. 

    (1) Beginning on March 1, 1999, all lead-based paint activities
shall be performed pursuant to 

the work practice standards contained in this section.

    (2) When performing any lead-based paint activity described by the
certified individual as an inspection, lead-hazard screen, risk
assessment or abatement, a certified individual must perform that
activity in compliance with the appropriate requirements below.

    (3) Documented methodologies that are appropriate for this section
are found in the following: The U.S. Department of Housing and Urban
Development (HUD) Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential
Lead-

Based Paint, Lead-Contaminated Dust, and Lead-Contaminated Soil; the EPA
Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA
report number 7474-R-95-001); Regulations, guidance, methods or
protocols issued by States and Indian Tribes that have been authorized
by EPA; and other equivalent methods and guidelines.

    (4) Clearance levels are appropriate for the purposes of this
section may be found in the EPA Guidance on Residential Lead-Based
Paint, Lead-Contaminated Dust, and Lead Contaminated Soil or other
equivalent guidelines.

    (b) Inspection. 

    (1) An inspection shall be conducted only by a person certified by
EPA as an inspector or risk assessor and, if conducted, must be
conducted according to the procedures in this paragraph.

    (2) When conducting an inspection, the following locations shall be
selected according to documented methodologies and tested for the
presence of lead-based paint:

    (i) In a residential dwelling and child-occupied facility, each
component with a distinct painting history and each exterior component
with a distinct painting history shall be tested for lead-based paint,
except those components that the inspector or risk assessor determines
to have been replaced after 1978, or to not contain lead-based paint;
and

    (ii) In a multi-family dwelling or child-occupied facility, each
component with a distinct painting history in every common area, except
those components that the inspector or risk assessor determines to have
been replaced after 1978, or to not contain lead-based paint.

    (3) Paint shall be sampled in the following manner: 

    (i) The analysis of paint to determine the presence of lead shall be
conducted using documented methodologies which incorporate adequate
quality control procedures; and/or

    (ii) All collected paint chip samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable
levels of lead that can be quantified numerically.

    (4) The certified inspector or risk assessor shall prepare an
inspection report which shall include the following information:

    (i) Date of each inspection.

    (ii) Address of building.

    (iii) Date of construction.

    (iv) Apartment numbers (if applicable).

    (v) Name, address, and telephone number of the owner or owners of
each residential dwelling or child-occupied facility.

    (vi) Name, signature, and certification number of each certified
inspector and/or risk assessor conducting testing.

    (vii) Name, address, and telephone number of the certified firm
employing each inspector and/or risk assessor, if applicable.

    (viii) Each testing method and device and/or sampling procedure
employed for paint analysis, including quality control data and, if
used, the serial number of any x-ray fluorescence (XRF) device.

    (ix) Specific locations of each painted component tested for the
presence of lead-based paint.

    (x) The results of the inspection expressed in terms appropriate to
the sampling method used.

    (c) Lead hazard screen. 

    (1) A lead hazard screen shall be conducted only by a person
certified by EPA as a risk assessor.

    (2) If conducted, a lead hazard screen shall be conducted as
follows:

    (i) Background information regarding the physical characteristics of
the residential dwelling or child-occupied facility and occupant use
patterns that may cause lead-based paint exposure to one or more
children age 6 years and under shall be collected.

    (ii) A visual inspection of the residential dwelling or
child-occupied facility shall be conducted to:

    (A) Determine if any deteriorated paint is present, and

    (B) Locate at least two dust sampling locations.

    (iii) If deteriorated paint is present, each surface with
deteriorated paint, which is determined, using documented methodologies,
to be in poor condition and to have a distinct painting history, shall
be tested for the presence of lead.

    (iv) In residential dwellings, two composite dust samples shall be
collected, one from the floors and the other from the windows, in rooms,
hallways or stairwells where one or more children, age 6 and under, are
most likely to come in contact with dust.

    (v) In multi-family dwellings and child-occupied facilities, in
addition to the floor and window samples required in paragraph
(c)(1)(iii) of this section, the risk assessor shall also collect
composite dust samples from common areas where one or more children, age
6 and under, are most likely to come into contact with dust.

    (3) Dust samples shall be collected and analyzed in the following
manner:

    (i) All dust samples shall be taken using documented methodologies
that incorporate adequate quality control procedures.

    (ii) All collected dust samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable
levels of lead that can be quantified numerically.

    (4) Paint shall be sampled in the following manner: 

    (i) The analysis of paint to determine the presence of lead shall be
conducted using documented methodologies which incorporate adequate
quality control procedures; and/or

    (ii) All collected paint chip samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable
levels of lead that can be quantified numerically.

    (5) The risk assessor shall prepare a lead hazard screen report,
which shall include the following information:

    (i) The information required in a risk assessment report as
specified in paragraph (d) of this section, including paragraphs
(d)(11)(i) through (d)(11)(xiv), and excluding paragraphs (d)(11)(xv)
through (d)(11)(xviii) of this section. Additionally, any background
information collected pursuant to paragraph (c)(2)(i) of this section
shall be included in the risk assessment report; and

    (ii) Recommendations, if warranted, for a follow-up risk assessment,
and as appropriate, any further actions.

    (d) Risk assessment. 

    (1) A risk assessment shall be conducted only by a person certified
by EPA as a risk assessor and, if conducted, must be conducted according
to the procedures in this paragraph.

    (2) A visual inspection for risk assessment of the residential
dwelling or child-occupied facility shall be undertaken to locate the
existence of deteriorated paint, assess the extent and causes of the
deterioration, and other potential lead-based paint hazards.

    (3) Background information regarding the physical characteristics of
the residential dwelling or child-occupied facility and occupant use
patterns that may cause lead-based paint exposure to one or more
children age 6 years and under shall be collected.

    (4) Each surface with deteriorated paint, which is determined, using
documented methodologies, to be in poor condition and to have a distinct
painting history, shall be tested for the presence of lead. Each other
surface determined, using documented methodologies, to be a potential
lead-based paint hazard and having a distinct painting history, shall
also be tested for the presence of lead.

    (5) In residential dwellings, dust samples (either composite or
single-surface samples) from the window and floor shall be collected in
all living areas where one or more children, age 6 and under, are most
likely to come into contact with dust.

    (6) For multi-family dwellings and child-occupied facilities, the
samples required in paragraph (d)(4) of this section shall be taken. In
addition, window and floor dust samples (either composite or
single-surface samples) shall be collected in the following locations:

    (i) Common areas adjacent to the sampled residential dwelling or
child-occupied facility; and

    (ii) Other common areas in the building where the risk assessor
determines that one or more children, age 6 and under, are likely to
come into contact with dust.

    (7) For child-occupied facilities, window and floor dust samples
(either composite or single-surface samples) shall be collected in each
room, hallway or stairwell utilized by one or more children, age 6 and
under, and in other common areas in the child-occupied facility where
the risk assessor determines one or more children, age 6 and under, are
likely to come into contact with dust.

    (8) Soil samples shall be collected and analyzed for lead
concentrations in the following locations:

    (i) Exterior play areas where bare soil is present; and

    (ii) Dripline/foundation areas where bare soil is present.

    (9) Any paint, dust, or soil sampling or testing shall be conducted
using documented methodologies that incorporate adequate quality control
procedures.

    (10) Any collected paint chip, dust, or soil samples shall be
analyzed according to paragraph (f) of this section to determine if they
contain detectable levels of lead that can be quantified numerically.

    (11) The certified risk assessor shall prepare a risk assessment
report which shall include the following information:

    (i) Date of assessment.

    (ii) Address of each building.

    (iii) Date of construction of buildings.

    (iv) Apartment number (if applicable).

    (v) Name, address, and telephone number of each owner of each
building.

    (vi) Name, signature, and certification of the certified risk
assessor conducting the assessment.

    (vii) Name, address, and telephone number of the certified firm
employing each certified risk assessor if applicable.

    (viii) Name, address, and telephone number of each recognized
laboratory conducting analysis of collected samples.

    (ix) Results of the visual inspection.

    (x) Testing method and sampling procedure for paint analysis
employed.

    (xi) Specific locations of each painted component tested for the
presence of lead.

    (xii) All data collected from on-site testing, including quality
control data and, if used, the serial number of any XRF device.

    (xiii) All results of laboratory analysis on collected paint, soil,
and dust samples.

    (xiv) Any other sampling results.

    (xv) Any background information collected pursuant to paragraph
(d)(3) of this section.

    (xvi) To the extent that they are used as part of the lead-based
paint hazard determination, the results of any previous inspections or
analyses for the presence of lead-based paint, or other assessments of
lead-based paint-related hazards.

    (xvii) A description of the location, type, and severity of
identified lead-based paint hazards and any other potential lead
hazards.

    (xviii) A description of interim controls and/or abatement options
for each identified lead-based paint hazard and a suggested
prioritization for addressing each hazard. If the use of an encapsulant
or enclosure is recommended, the report shall recommend a maintenance
and monitoring schedule for the encapsulant or enclosure.

    (e) Abatement. 

    (1) An abatement shall be conducted only by an individual certified
by EPA, and if conducted, shall be conducted according to the procedures
in this paragraph.

    (2) A certified supervisor is required for each abatement project
and shall be onsite during all work site preparation and during the
post-abatement cleanup of work areas. At all other times when abatement
activities are being conducted, the certified supervisor shall be onsite
or available by telephone, pager or answering service, and able to be
present at the work site in no more than 2 hours.

    (3) The certified supervisor and the certified firm employing that
supervisor shall ensure that all abatement activities are conducted
according to the requirements of this section and all other Federal,
State and local requirements.

    (4) Notification of the commencement of lead-based paint abatement
activities in a residential dwelling or child-occupied facility or as a
result of a Federal, State, or local order shall be given to EPA prior
to the commencement of abatement activities. The procedure for this
notification will be developed by EPA prior to August 31, 1998.

    (5) A written occupant protection plan shall be developed for all
abatement projects and shall be prepared according to the following
procedures:

    (i) The occupant protection plan shall be unique to each residential
dwelling or child-occupied facility and be developed prior to the
abatement. The occupant protection plan shall describe the measures and
management procedures that will be taken during the abatement to protect
the building occupants from exposure to any lead-based paint hazards.

    (ii) A certified supervisor or project designer shall prepare the
occupant protection plan.

    (6) The work practices listed below shall be restricted during an
abatement as follows:

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

    (ii) Machine sanding or grinding or abrasive blasting or
sandblasting of lead-based paint is prohibited unless used with High
Efficiency Particulate Air (HEPA) exhaust control which removes
particles of 0.3 microns or larger from the air at 99.97 percent or
greater efficiency;

    (iii) Dry scraping of lead-based paint is permitted only in
conjunction with heat guns or around electrical outlets or when treating
defective paint spots totaling no more than 2 square feet in any one
room, hallway or stairwell or totaling no more than 20 square feet on
exterior surfaces; and

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

    (7) If conducted, soil abatement shall be conducted in one of the
following ways:

    (i) If soil is removed, the lead-contaminated soil shall be replaced
with soil that is not lead-contaminated; or

    (ii) If soil is not removed, the lead-contaminated soil shall be
permanently covered, as defined in Sec. 745.223.

    (8) The following post-abatement clearance procedures shall be
performed only by a certified inspector or risk assessor:

    (i) Following an abatement, a visual inspection shall be performed
to determine if deteriorated painted surfaces and/or visible amounts of
dust, debris or residue are still present. If deteriorated painted
surfaces or visible amounts of dust, debris or residue are present,
these conditions must be eliminated prior to the continuation of the
clearance procedures.

    (ii) Following the visual inspection and any post-abatement cleanup
required by paragraph (e)(8)(i) of this section, clearance sampling for
lead-contaminated dust shall be conducted. Clearance sampling may be
conducted by employing single-surface sampling or composite sampling
techniques.

    (iii) Dust samples for clearance purposes shall be taken using
documented methodologies that incorporate adequate quality control
procedures.

    (iv) Dust samples for clearance purposes shall be taken a minimum of
1 hour after completion of final post-abatement cleanup activities.

    (v) The following post-abatement clearance activities shall be
conducted as appropriate based upon the extent or manner of abatement
activities conducted in or to the residential dwelling or child-occupied
facility:

    (A) After conducting an abatement with containment between abated
and unabated areas, one dust sample shall be taken from one window (if
available) and one dust sample shall be taken from the floor of no less
than four rooms, hallways or stairwells within the containment area. In 

addition, one dust sample shall be taken from the floor outside the
containment area. If there are less than four rooms, hallways or
stairwells within the containment area, then all rooms, hallways or
stairwells shall be sampled.

    (B) After conducting an abatement with no containment, two dust
samples shall be taken from no less than four rooms, hallways or
stairwells in the residential dwelling or child-occupied facility. One
dust sample shall be taken from one window (if available) and one dust
sample shall be taken from the floor of each room, hallway or stairwell
selected. If there are less than four rooms, hallways or stairwells
within the residential dwelling or child-occupied facility then all
rooms, hallways or stairwells shall be sampled.

    (C) Following an exterior paint abatement, a visible inspection
shall be conducted. All horizontal surfaces in the outdoor living area
closest to the abated surface shall be found to be cleaned of visible
dust and debris. In addition, a visual inspection shall be conducted to
determine the presence of paint chips on the dripline or next to the
foundation below any exterior surface abated. If paint chips are
present, they must be removed from the site and properly disposed of,
according to all applicable Federal, State and local requirements.

    (vi) The rooms, hallways or stairwells selected for sampling shall
be selected according to documented methodologies.

    (vii) The certified inspector or risk assessor shall compare the
residual lead level (as determined by the laboratory analysis) from each
dust sample with applicable clearance levels for lead in dust on floors
and windows. If the residual lead levels in a dust sample exceed the
clearance levels, all the components represented by the failed sample
shall be recleaned and retested until clearance levels are met.

    (9) In a multi-family dwelling with similarly constructed and
maintained residential dwellings, random sampling for the purposes of
clearance may be conducted provided:

    (i) The certified individuals who abate or clean the residential
dwellings do not know which residential dwelling will be selected for
the random sample.

    (ii) A sufficient number of residential dwellings are selected for
dust sampling to provide a 95 percent level of confidence that no more
than 5 percent or 50 of the residential dwellings (whichever is smaller)
in the randomly sampled population exceed the appropriate clearance 

levels.

    (iii) The randomly selected residential dwellings shall be sampled
and evaluated for clearance according to the procedures found in
paragraph (e)(8) of this section.

    (10) An abatement report shall be prepared by a certified supervisor
or project designer. The abatement report shall include the following
information:

    (i) Start and completion dates of abatement.

    (ii) The name and address of each certified firm conducting the
abatement and the name of each supervisor assigned to the abatement
project.

    (iii) The occupant protection plan prepared pursuant to paragraph
(e)(5) of this section.

    (iv) The name, address, and signature of each certified risk
assessor or inspector conducting clearance sampling and the date of
clearance testing.

    (v) The results of clearance testing and all soil analyses (if
applicable) and the name of each recognized laboratory that conducted
the analyses.

    (vi) A detailed written description of the abatement, including
abatement methods used, locations of rooms and/or components where
abatement occurred, reason for selecting particular abatement methods
for each component, and any suggested monitoring of encapsulants or
enclosures.

    (f) Collection and laboratory analysis of samples. Any paint chip,
dust, or soil samples collected pursuant to the work practice standards
contained in this section shall be:

    (1) Collected by persons certified by EPA as an inspector or risk
assessor; and

    (2) Analyzed by a laboratory recognized by EPA pursuant to section
405(b) of TSCA as being capable of performing analyses for lead
compounds in paint chip, dust, and soil samples.

    (g) Composite dust sampling. Composite dust sampling may only be
conducted in the situations specified in paragraphs (c) through (e) of
this section. If such sampling is conducted, the following conditions
shall apply:

    (1) Composite dust samples shall consist of at least two subsamples;

    (2) Every component that is being tested shall be included in the
sampling; and

    (3) Composite dust samples shall not consist of subsamples from more
than one type of component.

    (h) Recordkeeping. All reports or plans required in this section
shall be maintained by the certified firm or individual who prepared the
report for no fewer than 3 years. The certified firm or individual also
shall provide copies of these reports to the building owner who
contracted for its services.

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

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

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

Sec. 745.233 Lead-based paint activities requirements.

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

Sec. 745.235 Enforcement.

    (a) Failure or refusal to comply with any requirement of Secs.
745.225, 745.226, 745.227, or 745.233 is a prohibited act under sections
15 and 409 of TSCA (15 U.S.C. 2614, 2689).

    (b) Failure or refusal to establish, maintain, provide, copy, or
permit access to records or reports as required by Secs. 745.225,
745.226, or 745.227 is a prohibited act under sections 15 and 409 of
TSCA (15 U.S.C. 2614, 2689).

    (c) Failure or refusal to permit entry or inspection as required by
Sec. 745.237 and section 11 of TSCA (15 U.S.C. 2610) is a prohibited act
under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689).

    (d) In addition to the above, any individual or firm that performs
any of the following acts shall be deemed to have committed a prohibited
act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). These
include the following:

    (i) Obtaining certification through fraudulent representation;

    (ii) Failing to obtain certification from EPA and performing work
requiring certification at a job site; or

    (iii) Fraudulently obtaining certification and engaging in any
lead-based paint activities requiring certification.

    (e) Violators are subject to civil and criminal sanctions pursuant
to section 16 of TSCA (15 U.S.C. 2615) for each violation.

Sec. 745.237 Inspections.

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

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

    (a) Purpose. To establish and impose fees for certified individuals
and firms engaged in lead-based paint activities and persons operating
accredited training programs under section 402(a) of the Toxic
Substances Control Act (TSCA).

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

    (1) Training programs. 

    (i) All non-exempt training programs applying to EPA for the
accreditation and re-accreditation of training programs in one or more
of the following disciplines: inspector, risk assessor, supervisor,
project designer, abatement worker.

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

    (2) Firms and individuals. All firms and individuals seeking
certification and re-certification from EPA to engage in lead-based
paint activities in one or more of the following disciplines: inspector,
risk assessor, supervisor, project designer, abatement worker.

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

Certification and Accreditation Fee Levels

Training Program	

Accreditation1	Re-Accreditation1 [every 4 years; see 40 CFR
745.225(f)(1) for details]

Initial Course

  Inspector

  Risk assessor

  Supervisor

  Worker

  Project designer	

$2,500

$1,760

$3,250

$1,760

$1,010	

$1,600

$1,150

$2,050

$1,150

$710

Refresher Course

  Inspector

  Risk assessor

  Supervisor

  Worker

  Project designer		

$1,010

$1,010

$1,010

$1,010

$640	

$710

$710

$710

$710

$490



Lead-Based Paint Activities - Individual	Certification1
Re-certification1 [every 3 or 5 years, see 40 CFR 745.226(e)(1) for
details]

Inspector           

Risk assessor    

Supervisor         

Worker              

Project designer	$400

$520

$470

$280

$470	$350

$420

$390

$240

$390



Lead-Based Paint Activities - Firm	Certification1	Re-certification1
[every 3 years, see 40 CFR 745.226(f)(7) for details]

Firm	$540	$430



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

    (2) Certification examination fee. Individuals required to take a
certification exam in accordance with Sec. 745.226 will be assessed a
fee of $70 for each exam attempt.

    (3) Multi-jurisdiction registration fee. An individual, firm, or
training program certified or accredited by EPA may wish to provide
training or perform lead-based paint activities in additional
EPA-administered jurisdictions. A fee of $35 per discipline will be
assessed for each additional EPA-administered jurisdiction in which an
individual, firm, or training program applies for
certification/re-certification or accreditation/re-accreditation. For
purposes of this multi-jurisdiction registration fee, an
EPA-administered jurisdiction is either an individual state without an
authorized program or all Indian Tribes without authorized programs that
are within a given EPA Region.

    (4) Lost identification card or certificate. A $15 fee shall be
charged for replacement of an identification card or certificate. (See
replacement procedure in paragraph (e) of this section.)

    (d) Application/payment procedure--(1) Certification and
re-certification in one or more EPA-administered jurisdiction--(i)
Individuals. Submit a completed application (titled ‘’Application
for Individuals to Conduct Lead-based Paint Activities’‘), the
materials described at Sec. 745.226, and the application fee(s)
described in paragraph (c) of this section.

    (ii) Firms. Submit a completed application (titled ‘’Application
for Firms to Conduct Lead-based Paint Activities’‘), the materials
described at Sec. 745.226, and the application fee(s) described in
paragraph (c) of this section.

    (2) Accreditation and re-accreditation in one or more
EPA-administered jurisdiction. Submit a completed application (titled
‘’Accreditation Application for Training Programs’‘), the
materials 

described at Sec. 745.225, and the application fee described in
paragraph (c) of this section.

    (3) Application forms. Application forms and instructions can be
obtained from the National Lead Information Center at: 1-800-424-LEAD.

    (e) Identification card replacement and certificate replacement. 

    (1) Parties seeking identification card or certificate replacement
shall complete the applicable portions of the appropriate application in
accordance with the instructions provided. The appropriate applications
are:

    (i) Individuals. ‘’Application for Individuals to Conduct
Lead-based Paint Activities.’‘

    (ii) Firms. ‘’Application for Firms to Conduct Lead-based Paint
Activities.’‘

    (iii) Training programs. ‘’Accreditation Application for
Training Programs.’‘

    (2) Submit application and payment in the amount specified in
paragraph (c)(4) of this section in accordance with the instructions
provided with the application package.

    (f) Adjustment of fees. 

    (1) EPA will collect fees reflecting the costs associated with the
administration and enforcement of subpart L of this part with the
exception of costs associated with the accreditation 

of training programs operated by a State, federally recognized Indian
Tribe, local government, and nonprofit organization. In order to do
this, EPA will periodically adjust the fees to reflect changed economic
conditions.

    (2) The fees will be evaluated based on the cost to administer and
enforce the program, and the number of applicants. New fee schedules
will be published in the Federal Register.

    (g) Failure to remit a fee. (1) EPA will not provide certification,
re-certification, accreditation, or re-accreditation for any individual,
firm, or training program which does not remit fees described in
paragraph (c) of this section in accordance with the procedures
specified in paragraph (d) of this section.

    (2) EPA will not replace identification cards or certificates for
any individual, firm, or training program which does not remit fees
described in paragraph (c) of this section in accordance with the
procedures specified in paragraph (e) of this section.

[64 FR 31098, June 9, 1999]

Sec. 745.239 Effective dates.

    This subpart L shall apply in any State or Indian Country that does
not have an authorized program under subpart Q, effective August 31,
1998. In such States or Indian Country:

    (a) Training programs shall not provide, offer or claim to provide
training or refresher training for certification without accreditation
from EPA pursuant to Sec. 745.225 on or after March 1, 1999.

    (b) No individual or firm shall perform, offer, or claim to perform
lead-based paint activities, as defined in this subpart, without
certification from EPA to conduct such activities pursuant to 

Sec. 745.226 on or after August 30, 1999.

    (c) All lead-based paint activities shall be performed pursuant to
the work practice standards contained in Sec. 745.227 on or after August
30, 1999.

TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

 

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

 

Subpart Q--State and Indian Tribal Programs

    Source: 61 FR 45825, Aug. 29, 1996, unless otherwise noted.

Sec. 745.320 Scope and purpose.

    (a) This subpart establishes the requirements that State or Tribal
programs must meet for authorization by the Administrator to administer
and enforce the standards, regulations, or other requirements
established under TSCA section 402 and/or section 406 and establishes
the procedures EPA will follow in approving, revising, and withdrawing
approval of State or Tribal programs.

    (b) For State or Tribal lead-based paint training and certification
programs, a State or Indian Tribe may seek authorization to administer
and enforce Secs. 745.225, 745.226, and 745.227. The provisions of Secs.
745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 shall be
applicable for the purposes of such program authorization.

    (c) For State or Tribal pre-renovation notification programs, a
State or Indian Tribe may seek authorization to administer and enforce
regulations developed pursuant to TSCA section 406.

    (d) A State or Indian Tribe applying for program authorization may
seek either interim approval or final approval of the compliance and
enforcement portion of the State or Tribal lead-based paint program
pursuant to the procedures at Sec. 745.327(a).

    (e) State or Tribal submissions for program authorization shall
comply with the procedures set out in this subpart.

    (f) Any State or Tribal program approved by the Administrator under
this subpart shall at all times comply with the requirements of this
subpart.

    (g) In many cases States will lack authority to regulate activities
in Indian Country. This lack of authority does not impair a State’s
ability to obtain full program authorization in accordance with this
subpart. EPA will administer the program in Indian Country if neither
the State nor Indian Tribe has been granted program authorization by
EPA.

Sec. 745.323 Definitions.

    The definitions in subpart A apply to this subpart. In addition, the
definitions in Sec. 745.223 and the following definitions apply:

    Indian Country means (1) all land within the limits of any American
Indian reservation under the jurisdiction of the U.S. government,
notwithstanding the issuance of any patent, and including rights-of-way
running throughout the reservation; (2) all dependent Indian communities
within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or outside
the limits of a State; and (3) all Indian allotments, the Indian titles
which have not been extinguished, including rights-of-way running
through the same.

    Indian Tribe means any Indian Tribe, band, nation, or community
recognized by the Secretary of the Interior and exercising substantial
governmental duties and powers.

Sec. 745.324 Authorization of State or Tribal programs.

    (a) Application content and procedures. (1) Any State or Indian
Tribe that seeks authorization from EPA to administer and enforce any
provisions of subpart L of this part under section 402(a) of TSCA or the
provisions of regulations developed under section 406 of TSCA shall
submit an application to the Administrator in accordance with the
procedures of this paragraph (a).

    (2) Before developing an application for authorization, a State or
Indian Tribe shall disseminate a public notice of intent to seek such
authorization and provide an opportunity for a public hearing.

    (3) A State or Tribal application shall include:

    (i) A transmittal letter from the State Governor or Tribal
Chairperson (or equivalent official) requesting program approval.

    (ii) A summary of the State or Tribal program. This summary will be
used to provide notice to residents of the State or Tribe.

    (iii) A description of the State or Tribal program in accordance
with paragraph (b) of this section.

    (iv) An Attorney General’s or Tribal Counsel’s (or equivalent)
statement in accordance with paragraph (c) of this section.

    (v) Copies of all applicable State or Tribal statutes, regulations,
standards, and other materials that provide the State or Indian Tribe
with the authority to administer and enforce a lead-based paint program.

    (4) After submitting an application, the Agency will publish a
Federal Register notice that contains an announcement of the receipt of
the State or Tribal application, the summary of the program as provided
by the State or Tribe, and a request for public comments to be mailed to
the appropriate EPA Regional Office. This comment period shall last for
no less than 45 days. EPA will consider these comments during its review
of the State or Tribal application.

    (5) Within 60 days of submission of a State or Tribal application,
EPA will, if requested, conduct a public hearing in each State or Indian
Country seeking program authorization and will consider all comments
submitted at that hearing during the review of the State or Tribal
application.

    (b) Program description. A State or Indian Tribe seeking to
administer and enforce a program under this subpart must submit a
description of the program. The description of the State or Tribal
program must include:

    (1)(i) The name of the State or Tribal agency that is or will be
responsible for administering and enforcing the program, the name of the
official in that agency designated as the point of contact with EPA, and
addresses and phone numbers where this official can be contacted.

    (ii) Where more than one agency is or will be responsible for
administering and enforcing the program, the State or Indian Tribe must
designate a primary agency to oversee and coordinate administration and
enforcement of the program and serve as the primary contact with EPA.

    (iii) In the event that more than one agency is or will be
responsible for administering and enforcing the program, the application
must also include a description of the functions to be performed by each
agency. The description shall explain and how the program will be
coordinated by the primary agency to ensure consistency and effective
administration of the lead-based paint training accreditation and
certification program within the State or Indian Tribe.

    (2) To demonstrate that the State or Tribal program is at least as
protective as the Federal program, fulfilling the criteria in paragraph
(e)(2)(i) of this section, the State or Tribal application must include:

    (i) A description of the program that demonstrates that the program
contains all of the elements specified in Sec. 745.325, Sec. 745.326, or
both; and

    (ii) An analysis of the State or Tribal program that compares the
program to the Federal program in subpart L of this part, regulations
developed pursuant to TSCA section 406, or both. This analysis shall
demonstrate how the program is, in the State’s or Indian Tribe’s
assessment, at least as protective as the elements in the Federal
program at subpart L of this part, regulations developed pursuant to
TSCA section 406, or both. EPA will use this analysis to evaluate the
protectiveness of the State or Tribal program in making its
determination pursuant to paragraph (e)(2)(i) of this section.

    (3) To demonstrate that the State or Tribal program provides
adequate enforcement, fulfilling the criteria in paragraph (e)(2)(ii) of
this section, the State or Tribal application must include a description
of the State or Tribal lead-based paint compliance and enforcement
program that demonstrates that the program contains all of the elements
specified at Sec. 745.327. This description shall include copies of all
policies, certifications, plans, reports, and other materials that
demonstrate that the State or Tribal program contains all of the
elements specified at Sec. 745.327.

    (4)(i) The program description for an Indian Tribe shall also
include a map, legal description, or other information sufficient to
identify the geographical extent of the territory over which the Indian
Tribe exercises jurisdiction.

    (ii) The program description for an Indian Tribe shall also include
a demonstration that the Indian Tribe:

    (A) Is recognized by the Secretary of the Interior.

    (B) has an existing government exercising substantial governmental
duties and powers.

    (C) has adequate civil regulatory jurisdiction (as shown in the
Tribal legal certification in paragraph (c)(2) of this section) over the
subject matter and entities regulated.

    (D) is reasonably expected to be capable of administering the
Federal program for which it is seeking authorization.

    (iii) If the Administrator has previously determined that an Indian
Tribe has met the prerequisites in paragraphs (b)(4)(ii)(A) and (B) of
this section for another EPA program, the Indian Tribe need provide only
that information unique to the lead-based paint program required by
paragraphs (b)(4)(ii)(C) and (D) of this section.

    (c) Attorney General’s statement. (1) A State or Indian Tribe must
submit a written statement signed by the Attorney General or Tribal
Counsel (or equivalent) certifying that the laws and regulations of the
State or Indian Tribe provide adequate legal authority to administer and
enforce the State or Tribal program. This statement shall include
citations to the specific statutes and regulations providing that legal
authority.

    (2) The Tribal legal certification (the equivalent to the Attorney
General’s statement) may also be submitted and signed by an
independent attorney retained by the Indian Tribe for representation in
matters before EPA or the courts pertaining to the Indian Tribe’s
program. The 

certification shall include an assertion that the attorney has the
authority to represent the Indian Tribe with respect to the Indian
Tribe’s authorization application.

    (3) If a State application seeks approval of its program to operate
in Indian Country, the required legal certification shall include an
analysis of the applicant’s authority to implement its provisions in
Indian Country. The applicant shall include a map delineating the area
over which it seeks to operate the program.

    (d) Program certification. (1) At the time of submitting an
application, a State may also certify to the Administrator that the
State program meets the requirements contained in paragraphs (e)(2)(i)
and (e)(2)(ii) of this section.

    (2) If this certification is contained in a State’s application,
the program shall be deemed to be authorized by EPA until such time as
the Administrator disapproves the program application or withdraws the
program authorization. A program shall not be deemed authorized pursuant
to this subpart to the extent that jurisdiction is asserted over Indian
Country, including non-member fee lands within an Indian reservation.

    (3) If the application does not contain such certification, the
State program will be authorized only after the Administrator authorizes
the program in accordance with paragraph (e) of this section.

    (4) This certification shall take the form of a letter from the
Governor or the Attorney General to the Administrator. The certification
shall reference the program analysis in paragraph (b)(3) of this section
as the basis for concluding that the State program is at least as
protective as the Federal program, and provides adequate enforcement.

    (e) EPA approval. (1) EPA will fully review and consider all
portions of a State or Tribal application.

    (2) Within 180 days of receipt of a complete State or Tribal
application, the Administrator shall either authorize the program or
disapprove the application. The Administrator shall authorize the
program, after notice and the opportunity for public comment and a
public hearing, only if the Administrator finds that:

    (i)(A) In the case of an application to authorize the State or
Indian Tribe to administer and enforce the provisions of subpart L of
this part, the State or Tribal program is at least as protective of
human health and the environment as the corresponding Federal program
under subpart L of this part; and/or

    (B) In the case of an application to authorize the State or Indian
Tribe to administer and enforce the regulations developed pursuant to
TSCA section 406, the State or Tribal program is at least as protective
of human health and the environment as the Federal regulations developed


pursuant to TSCA section 406.

    (ii) The State or Tribal program provides adequate enforcement.

    (3) EPA shall notify in writing the State or Indian Tribe of the
Administrator’s decision to authorize the State or Tribal program or
disapprove the State’s or Indian Tribe’s application.

    (4) If the State or Indian Tribe applies for authorization of State
or Tribal programs under both subpart L and regulations developed
pursuant to TSCA section 406, EPA may, as appropriate, authorize one
program and disapprove the other.

    (f) EPA administration and enforcement. (1) If a State or Indian
Tribe does not have an authorized program to administer and enforce
subpart L of this part in effect by August 31, 1998, the Administrator
shall, by such date, establish and enforce the provisions of subpart L 

of this part as the Federal program for that State or Indian Country.

    (2) If a State or Indian Tribe does not have an authorized program
to administer and enforce regulations developed pursuant to TSCA section
406 in effect by August 31, 1998, the Administrator shall, by such date,
establish and enforce the provisions of regulations developed pursuant
to TSCA section 406 as the Federal program for that State or Indian
Country.

    (3) Upon authorization of a State or Tribal program, pursuant to
paragraph (d) or (e) of this section, it shall be an unlawful act under
sections 15 and 409 of TSCA for any person to fail or refuse to comply
with any requirements of such program.

    (g) Oversight. EPA shall periodically evaluate the adequacy of a
State’s or Indian Tribe’s implementation and enforcement of its
authorized programs.

    (h) Reports. Beginning 12 months after the date of program
authorization, the primary agency for each State or Indian Tribe that
has an authorized program shall submit a written report to the EPA
Regional Administrator for the Region in which the State or Indian Tribe
is located. This report shall be submitted at least once every 12 months
for the first 3 years after program authorization. If these reports
demonstrate successful program implementation, the Agency will 

automatically extend the reporting interval to every 2 years. If the
subsequent reports demonstrate problems with implementation, EPA will
require a return to annual reporting until the reports demonstrate
successful program implementation, at which time the Agency will extend
the reporting interval to every 2 years.

    The report shall include the following information:

    (1) Any significant changes in the content or administration of the
State or Tribal program implemented since the previous reporting period;
and

    (2) All information regarding the lead-based paint enforcement and
compliance activities listed at Sec. 745.327(d) ‘’Summary on
Progress and Performance.’‘

    (i) Withdrawal of authorization. (1) If EPA concludes that a State
or Indian Tribe is not administering and enforcing an authorized program
in compliance with the standards, regulations, and other requirements of
sections 401 through 412 of TSCA and this subpart, the Administrator
shall notify the primary agency for the State or Indian Tribe in writing
and indicate EPA’s intent to withdraw authorization of the program.

    (2) The Notice of Intent to Withdraw shall:

    (i) Identify the program aspects that EPA believes are inadequate
and provide a factual basis for such findings.

    (ii) Include copies of relevant documents.

    (iii) Provide an opportunity for the State or Indian Tribe to
respond either in writing or at a meeting with appropriate EPA
officials.

    (3) EPA may request that an informal conference be held between
representatives of the State or Indian Tribe and EPA officials.

    (4) Prior to issuance of a withdrawal, a State or Indian Tribe may
request that EPA hold a public hearing. At this hearing, EPA, the State
or Indian Tribe, and the public may present facts bearing on whether the
State’s or Indian Tribe’s authorization should be withdrawn.

    (5) If EPA finds that deficiencies warranting withdrawal did not
exist or were corrected by the State or Indian Tribe, EPA may rescind
its Notice of Intent to Withdraw authorization.

    (6) Where EPA finds that deficiencies in the State or Tribal program
exist that warrant withdrawal, an agreement to correct the deficiencies
shall be jointly prepared by the State or Indian Tribe and EPA. The
agreement shall describe the deficiencies found in the program, specify
the steps the State or Indian Tribe has taken or will take to remedy the
deficiencies, and establish a schedule, no longer than 180 days, for
each remedial action to be initiated.

    (7) If the State or Indian Tribe does not respond within 60 days of
issuance of the Notice of Intent to Withdraw or an agreement is not
reached within 180 days after EPA determines that a State or Indian
Tribe is not in compliance with the Federal program, the Agency shall
issue an order withdrawing the State’s or Indian Tribe’s
authorization.

    (8) By the date of such order, the Administrator shall establish and
enforce the provisions of subpart L of this part or regulations
developed pursuant to TSCA section 406, or both, as the Federal program
for that State or Indian Country.

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

    (a) Program elements. To receive authorization from EPA, a State or
Tribal program must contain at least the following program elements for
lead-based paint activities:

    (1) Procedures and requirements for the accreditation of lead-based
paint activities training programs.

    (2) Procedures and requirements for the certification of individuals
engaged in lead-based paint activities.

    (3) Work practice standards for the conduct of lead-based paint
activities.

    (4) Requirements that all lead-based paint activities be conducted
by appropriately certified contractors.

    (5) Development of the appropriate infrastructure or government
capacity to effectively carry out a State or Tribal program.

    (b) Accreditation of training programs. The State or Indian Tribe
must have either:

    (1) Procedures and requirements for the accreditation of training
programs that establish:

    (i) Requirements for the accreditation of training programs,
including but not limited to:

    (A) Training curriculum requirements.

    (B) Training hour requirements.

    (C) Hands-on training requirements.

    (D) Trainee competency and proficiency requirements.

    (E) Requirements for training program quality control.

    (ii) Procedures for the re-accreditation of training programs.

    (iii) Procedures for the oversight of training programs.

    (iv) Procedures for the suspension, revocation, or modification of
training program accreditations; or

    (2) Procedures or regulations, for the purposes of certification,
for the acceptance of training offered by an accredited training
provider in a State or Tribe authorized by EPA.

    (c) Certification of individuals. The State or Indian Tribe must
have requirements for the certification of individuals that:

    (1) Ensure that certified individuals:

    (i) Are trained by an accredited training program; and

    (ii) Possess appropriate education or experience qualifications for
certification.

    (2) Establish procedures for re-certification.

    (3) Require the conduct of lead-based paint activities in accordance
with work practice standards established by the State or Indian Tribe.

    (4) Establish procedures for the suspension, revocation, or
modification of certifications.

    (5) Establish requirements and procedures for the administration of
a third-party certification exam.

    (d) Work practice standards for the conduct of lead-based paint
activities. The State or Indian Tribe must have requirements or
standards that ensure that lead-based paint activities are conducted
reliably, effectively, and safely. At a minimum the State’s or Indian
Tribe’s work practice standards for conducting inspections, risk
assessments, and abatements must contain the requirements specified in
paragraphs (d)(1), (d)(2), and (d)(3) of this section.

    (1) The work practice standards for the inspection for the presence
of lead-based paint must require that:

    (i) Inspections are conducted only by individuals certified by the
appropriate State or Tribal authority to conduct inspections.

    (ii) Inspections are conducted in a way that identifies the presence
of lead-based paint on painted surfaces within the interior or on the
exterior of a residential dwelling or child-occupied facility.

    (iii) Inspections are conducted in a way that uses documented
methodologies that incorporate adequate quality control procedures.

    (iv) A report is developed that clearly documents the results of the
inspection.

    (v) Records are retained by the certified inspector or the firm.

    (2) The work practice standards for risk assessment must require
that:

    (i) Risk assessments are conducted only by individuals certified by
the appropriate State or Tribal authority to conduct risk assessments.

    (ii) Risk assessments are conducted in a way that identifies and
reports the presence of lead-based paint hazards.

    (iii) Risk assessments consist of, at least:

    (A) An assessment, including a visual inspection, of the physical
characteristics of the residential dwelling or child-occupied facility;
and

    (B) Environmental sampling for lead in paint, dust, and soil.

    (iv) The risk assessor develops a report that clearly presents the
results of the assessment and recommendations for the control or
elimination of all identified hazards.

    (v) The certified risk assessor or the firm retains the appropriate
records.

    (3) The work practice standards for abatement must require that:

    (i) Abatements are conducted only by individuals certified by the
appropriate State or Tribal authority to conduct or supervise
abatements.

    (ii) Abatements permanently eliminate lead-based paint hazards and
are conducted in a way that does not increase the hazards of lead-based
paint to the occupants of the dwelling or child-occupied facility.

    (iii) Abatements include post-abatement lead in dust clearance
sampling and conformance with clearance levels established or adopted by
the State or Indian Tribe.

    (iv) The abatement contractor develops a report that describes areas
of the residential dwelling or child-occupied facility abated and the
techniques employed.

    (v) The certified abatement contractor or the firm retains
appropriate records.

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

    (a) Program elements. To receive authorization from EPA, a State or
Tribal program must contain the following program elements for
renovation disclosure:

    (1) Procedures and requirements for the distribution of lead hazard
information to owners and occupants of target housing before renovations
for compensation; and

    (2) An approved lead hazard information pamphlet meeting the
requirements of section 406 of TSCA, as determined by EPA. EPA will
provide States or Tribes with guidance on what is necessary for a State
or Tribal pamphlet approval application.

    (b) Program to distribute lead information. To be considered at
least as protective as the Federal requirements for pre-renovation
distribution of information, the State or Indian Tribe must have
procedures and requirements that establish:

    (1) Clear standards for identifying home improvement activities that
trigger the pamphlet distribution requirements; and

    (2) Procedures for distributing the lead hazard information to
owners and occupants of the housing prior to renovation activities.

    (c) Distribution of acceptable lead hazard information. To be
considered at least as protective as the Federal requirements for the
distribution of a lead hazard information pamphlet, the State or Indian
Tribe must either:

    (1) Distribute the lead hazard information pamphlet developed by EPA
under section 406(a) of TSCA, titled Protect Your Family from Lead in
Your Home; or

    (2) Distribute an alternate pamphlet or package of lead hazard
information that has been submitted by the State or Tribe, reviewed by
EPA, and approved by EPA for use in that State or Tribe. Such
information must meet the content requirements prescribed by section
406(a) of TSCA, and be in a format that is readable to the diverse
audience of housing owners and occupants in that State or Tribe.

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

    (a) Approval of compliance and enforcement programs. A State or
Indian Tribe seeking authorization of a lead-based paint program can
apply for and receive either interim or final approval of the compliance
and enforcement program portion of its lead-based paint program. Indian
Tribes are not required to exercise criminal enforcement jurisdiction as
a condition for program authorization.

    (1) Interim approval. Interim approval of the compliance and
enforcement program portion of the State or Tribal lead-based paint
program may be granted by EPA only once, and subject to a specific
expiration date.

    (i) To be considered adequate for purposes of obtaining interim
approval for the compliance and enforcement program portion of a State
or Tribal lead-based paint program, a State or Indian Tribe must, in its
application described at Sec. 745.324(a):

    (A) Demonstrate it has the legal authority and ability to
immediately implement the elements in paragraph (b) of this section.
This demonstration shall include a statement that the State or Indian
Tribe, during the interim approval period, shall carry out a level of
compliance monitoring and enforcement necessary to ensure that the State
or Indian Tribe addresses any significant risks posed by noncompliance
with lead-based paint activity requirements.

    (B) Present a plan with time frames identified for implementing in
the field each element in paragraph (c) of this section. All elements of
paragraph (c) of this section must be fully implemented no later than 3
years from the date of EPA’s interim approval of the compliance and
enforcement program portion of a State or Tribal lead-based paint
program. A statement of resources must be included in the State or
Tribal plan which identifies what resources the State or Indian Tribe
intends to devote to the administration of its lead-based paint
compliance and enforcement program.

    (C) Agree to submit to EPA the Summary on Progress and Performance
of lead-based paint compliance and enforcement activities as described
at paragraph (d) of this section.

    (ii) Any interim approval granted by EPA for the compliance and
enforcement program portion of a State or Tribal lead-based paint
program will expire no later than 3 years from the date of EPA’s
interim approval. One hundred and eighty days prior to this expiration
date, a State or Indian Tribe shall apply to EPA for final approval of
the compliance and enforcement program portion of a State or Tribal
lead-based paint program. Final approval shall be given to any State or
Indian Tribe which has in place all of the elements of paragraphs (b),
(c), and (d) of this section. If a State or Indian Tribe does not
receive final approval for the compliance and enforcement program
portion of a State or Tribal lead-based paint program by the date 3
years after the date of EPA’s interim approval, the Administrator
shall, by such date, initiate the process to withdraw the State or
Indian Tribe’s authorization pursuant to Sec. 745.324(i).

    (2) Final approval. Final approval of the compliance and enforcement
program portion of a State or Tribal lead-based paint program can be
granted by EPA either through the application process described at Sec.
745.324(a), or, for States or Indian Tribes which previously received
interim approval as described in paragraph (a)(1) of this section,
through a separate application addressing only the compliance and
enforcement program portion of a State or Tribal lead-based paint
program.

    (i) For the compliance and enforcement program to be considered
adequate for final approval through the application described at Sec.
745.324(a), a State or Indian Tribe must, in its application:

    (A) Demonstrate it has the legal authority and ability to
immediately implement the elements in paragraphs (b) and (c) of this
section.

    (B) Submit a statement of resources which identifies what resources
the State or Indian Tribe intends to devote to the administration of its
lead-based paint compliance and enforcement program.

    (C) Agree to submit to EPA the Summary on Progress and Performance
of lead-based paint compliance and enforcement activities as described
at paragraph (d) of this section.

    (ii) For States or Indian Tribes which previously received interim
approval as described in paragraph (a)(1) of this section, in order for
the State or Tribal compliance and enforcement program to be considered
adequate for final approval through a separate application addressing
only the compliance and enforcement program portion of a State or Tribal
lead-based paint program, a State or Indian Tribe must, in its
application:

    (A) Demonstrate that it has the legal authority and ability to
immediately implement the elements in paragraphs (b) and (c) of this
section.

    (B) Submit a statement which identifies the resources the State or
Indian Tribe intends to devote to the administration of its lead-based
paint compliance and enforcement program.

    (C) Agree to submit to EPA the Summary on Progress and Performance
of lead-based paint compliance and enforcement activities as described
at paragraph (d) of this section.

    (D) To the extent not previously submitted through the application
described at Sec. 745.324(a), submit copies of all applicable State or
Tribal statutes, regulations, standards, and other material that provide
the State or Indian Tribe with authority to administer and enforce the
lead-based paint compliance and enforcement program, and copies of the
policies, certifications, plans, reports, and any other documents that
demonstrate that the program meets the requirements established in
paragraphs (b) and (c) of this section.

    (b) Standards, regulations, and authority. The standards,
regulations, and authority described in paragraphs (b)(1) through (b)(4)
of this section are part of the required elements for the compliance and
enforcement portion of a State or Tribal lead-based paint program.

    (1) Lead-based paint activities and requirements. State or Tribal
lead-based paint compliance and enforcement programs will be considered
adequate if the State or Indian Tribe demonstrates, in its application
at Sec. 745.324(a), that it has established a lead-based paint program
containing the following requirements:

    (i) Accreditation of training programs as described at Sec.
745.325(b).

    (ii) Certification of individuals engaged in lead-based paint
activities as described at Sec. 745.325(c).

    (iii) Standards for the conduct of lead-based paint activities as
described at Sec. 745.325(d); and, as appropriate,

    (iv) Requirements that regulate the conduct of pre-renovation
notification activities as described at Sec. 745.326.

    (2) Authority to enter. State or Tribal officials must be able to
enter, through consent, warrant, or other authority, premises or
facilities where lead-based paint activities violations may occur for
purposes of conducting inspections.

    (i) State or Tribal officials must be able to enter premises or
facilities where those engaged in training for lead-based paint
activities conduct business.

    (ii) For the purposes of enforcing a pre-renovation notification
program, State or Tribal officials must be able to enter a renovator’s
place of business.

    (iii) State or Tribal officials must have authority to take samples
and review records as part of the lead-based paint activities inspection
process.

    (3) Flexible remedies. A State or Tribal lead-based paint compliance
and enforcement program must provide for a diverse and flexible array of
enforcement remedies. At a minimum, the remedies that must be reflected
in an enforcement response policy must include the following:

    (i) Warning letters, Notices of Noncompliance, Notices of Violation,
or the equivalent;

    (ii) Administrative or civil actions, including penalty authority
(e.g., accreditation or certification suspension, revocation, or
modification); and

    (iii) Authority to apply criminal sanctions or other criminal
authority using existing State or Tribal laws, as applicable.

    (4) Adequate resources. An application must include a statement that
identifies the resources that will be devoted by the State or Indian
Tribe to the administration of the State or Tribal lead-based paint
compliance and enforcement program. This statement must address fiscal
and personnel resources that will be devoted to the program.

    (c) Performance elements. The performance elements described in
paragraphs (c)(1) through (c)(7) of this section are part of the
required elements for the compliance and enforcement program portion of
a State or Tribal lead-based paint program.

    (1) Training. A State or Tribal lead-based paint compliance and
enforcement program must implement a process for training enforcement
and inspection personnel and ensure that enforcement personnel and
inspectors are well trained. Enforcement personnel must understand case
development procedures and the maintenance of proper case files.
Inspectors must successfully demonstrate knowledge of the requirements
of the particular discipline (e.g., abatement supervisor, and/or
abatement worker, and/or lead-based paint inspector, and/or risk
assessor, and/or project designer) for which they have compliance
monitoring and enforcement responsibilities. Inspectors must also be
trained in violation discovery, methods of obtaining consent, evidence
gathering, preservation of evidence and chain-of-custody, and sampling
procedures. A State or Tribal lead-based paint compliance and
enforcement program must also implement a process for the continuing
education of enforcement and inspection personnel.

    (2) Compliance assistance. A State or Tribal lead-based paint
compliance and enforcement program must provide compliance assistance to
the public and the regulated community to facilitate awareness and
understanding of and compliance with State or Tribal requirements
governing the conduct of lead-based paint activities. The type and
nature of this assistance can be defined by the State or Indian Tribe to
achieve this goal.

    (3) Sampling techniques. A State or Tribal lead-based paint
compliance and enforcement program must have the technological
capability to ensure compliance with the lead-based paint program
requirements. A State or Tribal application for approval of a lead-based
paint program must show that the State or Indian Tribe is
technologically capable of conducting a lead-based paint compliance and
enforcement program. The State or Tribal program must have access to the
facilities and equipment necessary to perform sampling and laboratory
analysis as needed. This laboratory facility must be a recognized
laboratory as defined at Sec. 745.223, or the State or Tribal program
must implement a quality assurance program that ensures appropriate
quality of laboratory personnel and protects the integrity of analytical
data.

    (4) Tracking tips and complaints. A State or Tribal lead-based paint
compliance and enforcement program must demonstrate the ability to
process and react to tips and complaints or other information indicating
a violation.

    (5) Targeting inspections. A State or Tribal lead-based paint
compliance and enforcement program must demonstrate the ability to
target inspections to ensure compliance with the lead-based paint
program requirements. Such targeting must include a method for obtaining
and using notifications of commencement of abatement activities.

    (6) Follow up to inspection reports. A State or Tribal lead-based
paint compliance and enforcement program must demonstrate the ability to


reasonably, and in a timely manner, process and follow-up on inspection 

reports and other information generated through enforcement-related
activities associated with a lead-based paint program. The State or
Tribal program must be in a position to ensure correction of violations
and, as appropriate, effectively develop and issue enforcement
remedies/responses to follow up on the identification of violations.

    (7) Compliance monitoring and enforcement. A State or Tribal
lead-based paint compliance and enforcement program must demonstrate, in
its application for approval, that it is in a position to implement a
compliance monitoring and enforcement program. Such a compliance
monitoring and enforcement program must ensure correction of violations,
and encompass either planned and/or responsive lead-based paint
compliance inspections and development/issuance of State or Tribal
enforcement responses which are appropriate to the violations.

    (d) Summary on Progress and Performance. The Summary on Progress and
Performance described below is part of the required elements for the
compliance and enforcement program portion of a State or Tribal
lead-based paint program. A State or Tribal lead-based paint compliance
and enforcement program must submit to the appropriate EPA Regional
Administrator a report which summarizes the results of implementing the
State or Tribal lead-

based paint compliance and enforcement program, including a summary of
the scope of the regulated community within the State or Indian Tribe
(which would include the number of individuals and firms certified in
lead-based paint activities and the number of training programs 

accredited), the inspections conducted, enforcement actions taken,
compliance assistance provided, and the level of resources committed by
the State or Indian Tribe to these activities. The report shall be
submitted according to the requirements at Sec. 745.324(h).

    (e) Memorandum of Agreement. An Indian Tribe that obtains program
approval must establish a Memorandum of Agreement with the Regional
Administrator. The Memorandum of Agreement shall be executed by the
Indian Tribe’s counterpart to the State Director (e.g., the Director
of Tribal Environmental Office, Program or Agency). The Memorandum of
Agreement must include provisions for the timely and appropriate
referral to the Regional Administrator for those criminal enforcement
matters where that Indian Tribe does not have the authority (e.g., those
addressing criminal violations by non-Indians or violations meriting
penalties over $5,000). The Agreement must also identify any enforcement
agreements that may exist between the Indian Tribe and any State.

Sec. 745.330  Grants.

    (a) The Administrator may make grants to States and Indian Tribes,
under section 404(g) of TSCA to develop and, if authorized, carry out
lead-based paint activities programs to ensure that individuals employed
in lead-based paint activities are properly trained; that training
programs are accredited; and that contractors employed in such
activities are certified, pursuant to this subpart. The Administrator
may treat a tribe as eligible to apply for a TSCA section 404(g) grant 

if the tribe:

    (1) Is recognized by the Secretary of Interior.

    (2) Has an existing government exercising substantial governmental
duties and powers.

    (3) Has adequate authority to carry out the grant activities.

    (4) Is reasonably expected to be capable, in the Administrator’s
judgment, of administering the grant program.

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A section 404(g) grant program required by paragraphs (a)(3) and (a)(4)
of this section. Grants made under this section are subject to the
requirements of part 31 of this chapter.

[63 FR 41432, Aug. 4, 1998]

Sec. 745.339 Effective dates.

    States and Indian Tribes may seek authorization to administer and
enforce subpart L pursuant to this subpart effective October 28, 1996.

