( 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. August 13, 2000 B  6 ( 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 August 13, 2000 B  7 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. August 13, 2000 B  8 ( 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, August 13, 2000 B  9 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 August 13, 2000 B  10 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 August 13, 2000 B  11 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: August 13, 2000 B  12 ( 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. August 13, 2000 B  13 ( 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. August 13, 2000 B  14 ( 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; August 13, 2000 B  15 ( 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 August 13, 2000 B  16 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. August 13, 2000 B  17 ( 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. August 13, 2000 B  18 ( 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 August 13, 2000 B  19 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 August 13, 2000 B  20 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 August 13, 2000 B  21 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 August 13, 2000 B  22 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. August 13, 2000 B  23 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 August 13, 2000 B  24 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) August 13, 2000 B  25 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 August 13, 2000 B  26 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. August 13, 2000 B  27 ( 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 August 13, 2000 B  28 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. August 13, 2000 B  29 ( 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 August 13, 2000 B  30 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 August 13, 2000 B  31 reports and other information generated through enforcement related activities associated with a lead based paint program. The State or Tribal program must be in a position to ensure correction of violations and, as appropriate, effectively develop and issue enforcement remedies/ responses to follow up on the identification of violations. ( 7) Compliance monitoring and enforcement. A State or Tribal lead based paint compliance and enforcement program must demonstrate, in its application for approval, that it is in a position to implement a compliance monitoring and enforcement program. Such a compliance monitoring and enforcement program must ensure correction of violations, and encompass either planned and/ or responsive lead based paint compliance inspections and development/ issuance of State or Tribal enforcement responses which are appropriate to the violations. ( d) Summary on Progress and Performance. The Summary on Progress and Performance described below is part of the required elements for the compliance and enforcement program portion of a State or Tribal lead based paint program. A State or Tribal lead based paint compliance and enforcement program must submit to the appropriate EPA Regional Administrator a report which summarizes the results of implementing the State or Tribal leadbased paint compliance and enforcement program, including a summary of the scope of the regulated community within the State or Indian Tribe ( which would include the number of individuals and firms certified in lead based paint activities and the number of training programs accredited), the inspections conducted, enforcement actions taken, compliance assistance provided, and the level of resources committed by the State or Indian Tribe to these activities. The report shall be submitted according to the requirements at Sec. 745.324( h). ( e) Memorandum of Agreement. An Indian Tribe that obtains program approval must establish a Memorandum of Agreement with the Regional Administrator. The Memorandum of Agreement shall be executed by the Indian Tribe's counterpart to the State Director ( e. g., the Director of Tribal Environmental Office, Program or Agency). The Memorandum of Agreement must include provisions for the timely and appropriate referral to the Regional Administrator for those criminal enforcement matters where that Indian Tribe does not have the authority ( e. g., those addressing criminal violations by non Indians or violations meriting penalties over $ 5,000). The Agreement must also identify any enforcement agreements that may exist between the Indian Tribe and any State.

Sec. 745.330 Grants.

( a) The Administrator may make grants to States and Indian Tribes, under section 404( g) of TSCA to develop and, if authorized, carry out lead based paint activities programs to ensure that individuals employed in lead based paint activities are properly trained; that training programs are accredited; and that contractors employed in such activities are certified, pursuant to this subpart. The Administrator may treat a tribe as eligible to apply for a TSCA section 404( g) grant if the tribe: ( 1) Is recognized by the Secretary of Interior. ( 2) Has an existing government exercising substantial governmental duties and powers. ( 3) Has adequate authority to carry out the grant activities. ( 4) Is reasonably expected to be capable, in the Administrator's judgment, of administering the grant program. ( b) If the Administrator has previously determined that an Indian tribe has met the prerequisites in paragraphs ( a)( 1) and ( a)( 2) of this section for another EPA program, the tribe need provide only that information unique to the TSCA section 404( g) grant program required by paragraphs ( a)( 3) and ( a)( 4) of this section. Grants made under this section are subject to the requirements of part 31 of this chapter.

[ 63 FR 41432, Aug. 4, 1998]

Sec. 745.339 Effective dates.

States and Indian Tribes may seek authorization to administer and enforce subpart L pursuant to this subpart effective October 28, 1996. August 13, 2000 C  1 ATTACHMENT C Response to Comments MEMORANDUM SUBJECT: Response to comment on renewal of ICR under TSCA sections 402/ 404 FROM: Linda Vlier Moos, Associate Director / signed/ National Program Chemicals Division Office of Pollution Prevention & Toxics TO: Angela Hofmann, Director Regulatory Coordination Office Office of Prevention, Pesticides & Toxic Substances The following describes our rationale for not changing the ICR for the TSCA sections 402/ 404 regulations in response to the comment received on the ICR renewal notice.

Background On February 23, 2000, EPA published a notice in the Federal Register ( 65 FR 8964) requesting comments on the renewal of the Information Collection Request ( ICR) for its lead based paint activities regulations under TSCA sections 402/ 404 ( EPA ICR No. 1715.03, OMB No. 2070 0155). The TSCA section 402 regulations include reporting and recordkeeping requirements that appy ( 1) to training programs seeking accreditation and providing training to individuals conducting lead based paint activities in residential housing and child occupied facilities, and ( 2) to individuals and firms seeking certification and conducting such lead based paint activities using required work practice standards. The TSCA section 404 regulations includine reporting and recordkeeping requirements that apply to States and Indian Tribes that seek Federal authorization to administer and enforce State and Tribal programs that regulate lead based paint activities based on the section 402 regulations.

Public Comment EPA received one comment on the Federal Register notice from Connor Environmental Services & Engineering Assessments ( Connor) via e mail ( copy attached). Connor indicated that the multi state certification process is confusing, state specific and costly for firms that wish to do business in several states, some of which are authorized to operate their own programs and some of which are operated by EPA under the Federal program. Connor was concerned about the lack of reciprocity among states and the variety of fees that different states required.

Discussion This comment was received in response to a Federal Register notice requesting comment on the renewal of an ICR addressing reporting and recordkeeping requirements under TSCA sections 402/ 404. The commenter addressed issues relating to fees and reciprocity. Neither of these are subjects covered in the ICR renewal and both are more appropriately raised to the states operating authorized programs. Further the commenter did not provide data or suggestions for changes to any reporting and recordkeeping requirements.

Fees. Training program and certification fees do not involve an ICR. EPA is required by statute to recover the costs of operating the Federal program. Fees required by EPA under the Federal program were addressed in a separate rule ( 64 FR 31092, 6/ 9/ 99). States have their own statutory authority to develop fees for their programs.

Reciprocity. The statute directed EPA to establish a process that would allow states to be authorized to operate their own training and certification programs if the programs were " at least as protective as" the Federal program. EPA does not possess the authority to require reciprocity among the August 13, 2000 C  2 states, because the statute directed EPA only to encourage but not require reciprocity among the states. Congress clearly intended that individual states would be operating distinct programs. EPA developed regulations through notice and comment rulemaking to put the statutory directives in place. EPA has encouraged reciprocity by including in its regulations provisions for accepting valid state certification from any authorized State or Tribe.

Other changes to increase reciprocity and reduce the cost for multi state applicants would require notice and comment rulemaking and are beyond the scope of the ICR renewal notice.

Conclusion The comment raises issues that do not specifically provide the type of information requested in the ICR renewal notice and seeks solutions that are beyond the scope of the ICR renewal. Therefore, the comment received from Connor does not require a response under the 402 ICR renewal.

The ICR being forwarded for approval has not been changed since the publication of the February 23, 2000 notice requesting comment on the ICR renewal for the TSCA sections 402/ 404 regulations. If you have additional questions, please contact me or Ellie Clark of my staff at 260 3402.

Attachment cc: John Melone Ellie Clark Rob Beekman August 13, 2000 D  1 Attachment D Application and Instructions Used in the Federal Program The attached new forms would replace the current EPA form numbers and EPA publications listed below. As soon as these new forms are available electronically, the Agency will post them on the Lead home page on EPA's internet.

Accreditation Application  EPA Form Number 8500 25 Firm Application  EPA Form Number 8500 27 Certification Application  EPA Form Number 8500 28 Instructions for Training Providers ( Accreditation)  EPA 747 B 98 003 Instructions for Firms  EPA 747 B 99 001 Instructions for Individuals  EPA 747 B 99 002