[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Page 4870]
[FR Doc No: C1-2022-01586]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY

Coastal Nonpoint Pollution Control Program: Proposal To Find That
Louisiana Has Satisfied All Conditions of Approval Placed on Its
Coastal Nonpoint Pollution Control Program

Correction

    In notice document 2022-01586, appearing on pages 4226-4227, in the
issue of Thursday, January 27, 2022, make the following correction:
    On page 4227, in the third column, the signature block, lines 3
through 9, should read:

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management,
National Oceanic and Atmospheric Administration.
Radhika Fox,
Assistant Administrator, Office of Water, Environmental Protection
Agency.
[FR Doc. C1-2022-01586 Filed 1-28-22; 8:45 am]
BILLING CODE 0099-10-D


(4) Work practices. On or after April 22, 2010, all renovations
must be performed in accordance with the work practice standards in
Sec.  745.85 and the associated recordkeeping requirements in Sec.
745.86(b)(6) and (b)(7) in target housing or child-occupied facilities,
unless the renovation qualifies for one of the exceptions identified in
Sec.  745.82(a) or (c).
    (5) The suspension and revocation provisions in Sec.  745.91 are
effectiveApril 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.
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4. Section 745.82 is revised to read as follows:

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 Sec.
745.226 or a State or Tribal certification program authorized pursuant
to Sec.  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/cm\2\) 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 Sec.  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/cm\2\ 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 Sec.  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 Sec. Sec.
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 Sec.  745.85(a)(5), which must be performed by
certified renovators or individuals trained in accordance with Sec.
745.90(b)(2), the cleaning verification requirements of Sec.
745.85(b), which must be performed by certified renovators, and the
recordkeeping requirements of Sec.  745.86(b)(6) and (b)(7).
    (c) The training requirements in Sec.  745.90 and the work practice
standards for renovation activities in Sec.  745.85 apply to all
renovations covered by this subpart, except for 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, no pregnant
woman resides there, the housing is not a child-occupied facility, and
the owner acknowledges that the renovation firm will not be required to
use the 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.
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5. Section 745.83 is amended as follows:
0
a. Remove the definitions of ``Emergency renovation operations'' and
``Multi-family housing.''
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b. Revise the definitions of ``Pamphlet,'' ``Renovation,'' and
``Renovator.''
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c. Add 13 definitions in alphabetical order.

Sec.  745.83  Definitions.

* * * * *
    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 Sec.  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 Sec.  745.326.
* * * * *
    Recognized test kit means a commercially available kit recognized
by EPA under Sec.  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.

Sec.  745.84  [Removed]

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6. Section 745.84 is removed.

Sec.  745.85  [Redesignated as Sec.  745.84]

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7. Section 745.85 is redesignated as Sec.  745.84.
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8. Newly designated Sec.  745.84 is amended as follows:
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a. Revise the introductory text of paragraph (a) and revise paragraph
(a)(2)(i).
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b. Revise the introductory text of paragraph (b) and revise paragraphs
(b)(2) and (b)(4).
0
c. Redesignate paragraph (c) as paragraph (d).
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d. Add a new paragraph (c).
0
e. Revise the introductory text of newly designated paragraph (d).

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:
* * * * *
    (2) * * *
    (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.
* * * * *
    (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:
* * * * *
    (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, at no charge, from the firm performing the renovation, 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.
* * * * *
    (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 and information describing the
general nature and locations of the renovation and the anticipated
completion date 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 can review a copy of the pamphlet 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:
* * * * *
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9. Section 745.85 is added to subpart E to read as follows:

Sec.  745.85  Work practice standards.

    (a) Standards for renovation activities. Renovations must be
performed by certified firms using certified renovators as directed in
Sec.  745.89. The responsibilities of certified firms are set forth in
Sec.  745.89(d) and the responsibilities of certified renovators are
set forth in Sec.  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
anapplication 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
Sec.  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.
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10. Section 745.86 is revised to read as follows:

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) Reports certifying that a determination had been made by an
inspector (certified pursuant to either Federal regulations at Sec.
745.226 or an EPA-authorized State or Tribal certification program)
that lead-based paint is not present on the components affected by the
renovation, as described in Sec.  745.82(b)(1).
    (2) Signed and dated acknowledgments of receipt as described
inSec.  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 Sec.
745.84(a)(2)(i) and (c)(1)(ii)(A).
    (4) Certificates of mailing as described in Sec.  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 Sec.  745.84(b)(3) and (b)(4), and
renovations in child-occupied facilities, as described in Sec.
745.84(c)(2).
    (6) Any signed and dated statements received from owner-occupants
documenting that the requirements of Sec.  745.85 do not apply. These
statements must include a declaration that the renovation will occur in
the owner's residence, a declaration that no children under age 6
reside there, a declaration that no pregnant woman resides there, a
declaration that the housing is not a child-occupied facility, the
address of the unit undergoing renovation, the owner's name, an
acknowledgment by the owner 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, the
signature of the owner, and the date of signature. These statements
must be written in the same language as the text of the renovation
contract, if any.
    (7) Documentation of compliance with the requirements of Sec.
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 Sec.  745.85(a), and that the certified renovator performed the
post-renovation cleaning verification described in Sec.  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 Sec.  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) When test kits are used, the renovation firm must, within 30
days of the completion of the renovation, provide identifying
information as to the manufacturer and model of the test kits used, a
description of the components that were tested including their
locations, and the test kit results to the person who contracted for
the renovation.
    (d) If dust clearance sampling is performed in lieu of cleaning
verification as permitted by Sec.  745.85(c), the renovation firm must
provide, within 30 days of the completion of the renovation, a copy of
the dust sampling report to the person who contracted for the
renovation.
0
11. Section 745.87 is amended by revising paragraph (e) to read as
follows:

Sec.  745.87  Enforcement and inspections.

* * * * *
    (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.

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12. Section 745.88 is revised to read as follows:

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/cm\2\ 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/cm\2\ or 0.5% by weight, a demonstrated
probability (with 95% confidence) of a positive response less than or
equal to 10% of the time.
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13. Section 745.89 is added to subpart E to read as follows:

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 Sec.  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 Sec.  745.90.
    (3) All renovations performed by the firm are performed in
accordance with the work practice standards in Sec.  745.85.
    (4) The pre-renovation education requirements of Sec.  745.84 have
been performed.
    (5) The recordkeeping requirements of Sec.  745.86 are met.
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14. Section 745.90 is added to subpart E to read as follows:

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 Sec.  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 Sec.  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 Sec.  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.
    (b) Renovator responsibilities. Certified renovators are
responsible for ensuring compliance with Sec.  745.85 at all
renovations to which they are assigned. A certified renovator:
    (1) Must perform all of the tasks described in Sec.  745.85(b) and
must either perform or direct workers who perform all of the tasks
described in Sec.  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 Sec.  745.85(a)(1) are posted, while the work area
containment required by Sec.  745.85(a)(2) is being established, and
while the work area cleaning required by Sec.  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 Sec.  745.86(b)(7).
    (c) Dust sampling technician responsibilities. When performing
optional dust clearance sampling under Sec.  745.85(c), a certified
dust sampling technician:
    (1) Must collect dust samples in accordance with Sec.
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 Sec.  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.
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15. Section 745.91 is added to subpart E to read as follows:

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
Sec.  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 Sec.
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.
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16. Section 745.220 is amended by revising paragraph (a) to read as
follows:

Sec.  745.220  Scope and applicability.

    (a) This subpart contains procedures and requirements for the
accreditation of training programs for lead-based paint activities and
renovations, 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.
* * * * *
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17. Section 745.225 is amended as follows:
0
a. Revise paragraph (a).
0
b. Revise the introductory text of paragraph (b), revise paragraph
(b)(1)(ii), and add paragraph (b)(1)(iv)(C).
0
c. Revise the introductory text of paragraph (c), add paragraphs
(c)(6)(vi), (c)(6)(vii), (c)(8)(vi), and (c)(8)(vii), and revise
paragraphs (c)(8)(iv) and (c)(10).
0
d. Remove the phrase ``lead-based paint activities'' and add in its
place the phrase ``renovator, dust sampling technician, or lead-based
paint activities'' wherever it appears in paragraph (c)(13).
0
e. Add paragraph (c)(14)(ii)(D)(6).
0
f. Add paragraphs (d)(6) and (d)(7).
0
g. Revise the introductory text of paragraph (e).
0
h. Remove the word ``activities'' wherever it appears in paragraph
(e)(1).
0
i. Revise paragraph (e)(2).

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

    (a) Scope. (1) A training program may seek accreditation to offer
courses in any of the following disciplines: Inspector, risk assessor,
supervisor, project designer, abatement worker, renovator, and dust
sampling technician. 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. Training programs may
first apply to EPA for accreditation of their renovator or dust
sampling technician courses or refresher courses pursuant to this
section on or after April 22, 2009.
    (3) A training program must 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. A training program must not
provide, offer, or claim to provide EPA-accredited renovator or dust
sampling technician courses without applying for

and receiving accreditation from EPA as required under paragraph (b) of
this section on or after June 23, 2008.
    (b) Application process. The following are procedures a training
program must follow to receive EPA accreditation to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses:
    (1) * * *
    (ii) A list of courses for which it is applying for accreditation.
For the purposes of this section, courses taught in different languages
are considered different courses, and each must independently meet the
accreditation requirements.
* * * * *
    (iv) * * *
    (C) When applying for accreditation of a course in a language other
than English, a signed statement from a qualified, independent
translator that they had compared the course to the English language
version and found the translation to be accurate.
* * * * *
    (c) Requirements for the accreditation of training programs. For a
training program to obtain accreditation from EPA to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses, the program must meet the following requirements:
* * * * *
    (6) * * *
    (vi) The renovator course must last a minimum of 8 training hours,
with a minimum of 2 hours devoted to hands-on training activities. The
minimum curriculum requirements for the renovator course are contained
in paragraph (d)(6) of this section. Hands-on training activities must
cover renovation methods that minimize the creation of dust and lead-
based paint hazards, interior and exterior containment and cleanup
methods, and post-renovation cleaning verification.
    (vii) The dust sampling technician course must last a minimum of 8
training hours, with a minimum of 2 hours devoted to hands-on training
activities. The minimum curriculum requirements for the dust sampling
technician course are contained in paragraph (d)(7) of this section.
Hands-on training activities must cover dust sampling methodologies.
* * * * *
    (8) * * *
    (iv) For initial inspector, risk assessor, project designer,
supervisor, or abatement worker course completion certificates, the
expiration date of interim certification, which is 6 months from the
date of course completion.
* * * * *
    (vi) The language in which the course was taught.
    (vii) For renovator and dust sampling technician course completion
certificates, a photograph of the individual.
* * * * *
    (10) Courses offered by the training program must teach the work
practice standards contained in Sec.  745.85 or Sec.  745.227, as
applicable, in such a manner that trainees are provided with the
knowledge needed to perform the renovations or lead-based paint
activities they will be responsible for conducting.
* * * * *
    (14) * * *
    (ii) * * *
    (D) * * *
    (6) A digital photograph of the student.
    (d) * * *
    (6) Renovator. (i) Role and responsibility of a renovator.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on EPA, HUD, OSHA, and other Federal,
State, and local regulations and guidance that pertains to lead-based
paint and renovation activities.
    (iv) Procedures for using acceptable test kits to determine whether
paint is lead-based paint.
    (v) Renovation methods to minimize the creation of dust and lead-
based paint hazards.
    (vi) Interior and exterior containment and cleanup methods.
    (vii) Methods to ensure that the renovation has been properly
completed, including cleaning verification, and clearance testing.
    (viii) Waste handling and disposal.
    (ix) Providing on-the-job training to other workers.
    (x) Record preparation.
    (7) Dust sampling technician. (i) Role and responsibility of a dust
sampling technician.
    (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
renovation activities.
    (iv) Dust sampling methodologies.
    (v) Clearance standards and testing.
    (vi) Report preparation.
* * * * *
    (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, abatement worker, renovator,
and dust sampling technician. To obtain EPA accreditation to offer
refresher training, a training program must meet the following minimum
requirements:
* * * * *
    (2) Refresher courses for inspector, risk assessor, supervisor, and
abatement worker must last a minimum of 8 training hours. Refresher
courses for project designer, renovator, and dust sampling technician
must last a minimum of 4 training hours.
* * * * *
0
18. Section 745.320 is amended by revising paragraph (c) to read as
follows:

Sec.  745.320  Scope and purpose.

* * * * *
    (c) A State or Indian Tribe may seek authorization to administer
and enforce all of the provisions of subpart E of this part, just the
pre-renovation education provisions of subpart E of this part, or just
the training, certification, accreditation, and work practice
provisions of subpart E of this part. The provisions of Sec. Sec.
745.324 and 745.326 apply for the purposes of such program
authorizations.
* * * * *
0
19. Section 745.324 is amended as follows:
0
a. Revise paragraph (a)(1).
0
b. Remove the phrase ``lead-based paint training accreditation and
certification'' from the second sentence of paragraph (b)(1)(iii).
0
c. Revise paragraph (b)(2)(ii).
0
d. Revise paragraphs (e)(2)(i) and (e)(4).
0
e. Revise paragraph (f)(2).
0
f. Revise paragraph (i)(8).

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 the
provisions of subpart E or subpart L of this part must submit an
application to the Administrator in accordance with this paragraph.
* * * * *
    (b) * * *
    (2) * * *
    (ii) An analysis of the State or Tribal program that compares the
program to the Federal program in subpart E or subpart L of this part,
or both. This analysis must 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 E or subpart L of this part,
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.
* * * * *
    (e) * * *
    (2) * * *
    (i) The State or Tribal program is at least as protective of human
health and the environment as the corresponding Federal program under
subpart E or subpart L of this part, or both; and
* * * * *
    (4) If the State or Indian Tribe applies for authorization of State
or Tribal programs under both subpart E and subpart L, EPA may, as
appropriate, authorize one program and disapprove the other.
* * * * *
    (f) * * *
    (2) If a State or Indian Tribe does not have an authorized program
to administer and enforce the pre-renovation education requirements of
subpart E of this part by August 31, 1998, the Administrator will, by
such date, enforce those provisions of subpart E of this part as the
Federal program for that State or Indian Country. If a State or Indian
Tribe does not have an authorized program to administer and enforce the
training, certification and accreditation requirements and work
practice standards of subpart E of this part by April 22, 2009, the
Administrator will, by such date, enforce those provisions of subpart E
of this part as the Federal program for that State or Indian Country.
* * * * *
    (i) * * *
    (8) By the date of such order, the Administrator will establish and
enforce the provisions of subpart E or subpart L of this part, or both,
as the Federal program for that State or Indian Country.
0
20. Section 745.326 is revised to read as follows:

Sec.  745.326  Renovation: State and Tribal program requirements.

    (a) Program elements. To receive authorization from EPA, a State or
Tribal program must contain the following program elements:
    (1) For pre-renovation education programs, procedures and
requirements for the distribution of lead hazard information to owners
and occupants of target housing and child-occupied facilities before
renovations for compensation.
    (2) For renovation training, certification, accreditation, and work
practice standards programs:
    (i) Procedures and requirements for the accreditation of renovation
and dust sampling technician training programs.
    (ii) Procedures and requirements for the certification of
renovators and dust sampling technicians.
    (iii) Procedures and requirements for the certification of
individuals and/or firms.
    (iv) Requirements that all renovations be conducted by
appropriately certified individuals and/or firms.
    (v) Work practice standards for the conduct of renovations.
    (3) For all renovation programs, development of the appropriate
infrastructure or government capacity to effectively carry out a State
or Tribal program.
    (b) Pre-renovation education. To be considered at least as
protective as the Federal program, the State or Tribal program must:
    (1) Establish clear standards for identifying renovation activities
that trigger the information distribution requirements.
    (2) Establish procedures for distributing the lead hazard
information to owners and occupants of housing and child-occupied
facilities prior to renovation activities.
    (3) Require that the information to be distributed include either
the pamphlet titled Renovate Right: Important Lead Hazard Information
for Families, Child Care Providers and Schools, developed by EPA under
section 406(a) of TSCA, or 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 that State or Tribe. Such
information must contain renovation-specific information similar to
that in Renovate Right: Important Lead Hazard Information for Families,
Child Care Providers and Schools, must meet the content requirements
prescribed by section 406(a) of TSCA, and must be in a format that is
readable to the diverse audience of housing and child-occupied facility
owners and occupants in that State or Tribe.
    (i) A State or Tribe with a pre-renovation education program
approved before June 23, 2008, must demonstrate that it meets the
requirements of this section no later than the first report that it
submits pursuant to Sec.  745.324(h) on or after April 22, 2009.
    (ii) A State or Tribe with an application for approval of a pre-
renovation education program submitted but not approved before June 23,
2008, must demonstrate that it meets the requirements of this section
either by amending its application or in the first report that it
submits pursuant toSec.  745.324(h) of this part on or after April 22,
2009.
    (iii) A State or Indian Tribe submitting its application for
approval of a pre-renovation education program on or after June 23,
2008, must demonstrate in its application that it meets the
requirements of this section.
    (c) Accreditation of training programs. To be considered at least
as protective as the Federal program, the State or Tribal program must
meet the requirements of either paragraph (c)(1) or (c)(2) of this
section:
    (1) The State or Tribal program must establish accreditation
procedures and requirements, including:
    (i) Procedures and 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 and requirements for the re-accreditation of
training programs.
    (iii) Procedures for the oversight of training programs.
    (iv) Procedures and standards for the suspension, revocation, or
modification of training program accreditations; or
    (2) The State or Tribal program must establish procedures and
requirements for the acceptance of renovation training offered by
training providers accredited by EPA or a State or Tribal program
authorized by EPA under this subpart.
    (d) Certification of renovators. To be considered at least as
protective as the Federal program, the State or Tribal program must:
    (1) Establish procedures and requirements for individual
certification that ensure that certified renovators are trained by an
accredited training program.
    (2) Establish procedures and requirements for re-certification.
    (3) Establish procedures for the suspension, revocation, or
modification of certifications.
    (e) Work practice standards for renovations. To be considered at
least as protective as the Federal program, the State or Tribal program
must establish standards that ensure that renovations are conducted
reliably, effectively, and safely. At a minimum, the State or Tribal
program must contain the following requirements:
    (1) Renovations must be conducted only by certified contractors.
    (2) Renovations are conducted using lead-safe work practices that
are at least

as protective to occupants as the requirements in Sec.  745.85.
    (3) Certified contractors must retain appropriate records.
0
21. Section 745.327 is amended by revising paragraphs (b)(1)(iv) and
(b)(2)(ii) to read as follows:

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

* * * * *
    (b) * * *
    (1) * * *
    (iv) Requirements that regulate the conduct of renovation
activities as described at Sec.  745.326.
    (2) * * *
    (ii) For the purposes of enforcing a renovation program, State or
Tribal officials must be able to enter a firm's place of business or
work site.
* * * * *
0
22. Section 745.339 is revised to read as follows:

Sec.  745.339  Effective date.

    States and Indian Tribes may seek authorization to administer and
enforce subpart L of this part pursuant to this subpart at any time.
States and Indian Tribes may seek authorization to administer and
enforce the pre-renovation education provisions of subpart E of this
part pursuant to this subpart at any time. States and Indian Tribes may
seek authorization to administer and enforce all of subpart E of this
part pursuant to this subpart effective June 23, 2008.
[FR Doc. E8-8141 Filed 4-21-08; 8:45 am]

BILLING CODE 6560-50-S