[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81430-81433]
[FR Doc No: 2010-31985]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0674; Directorate Identifier 2010-NM-012-AD;
Amendment 39-16546; AD 2010-26-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive inspections for
cracking in the body skin around the aft corners of the nose wheel
well; for certain airplanes, repetitive inspections for cracking in the
skin splice plate at the aft corners of the nose wheel well; and
related investigative and corrective actions if necessary. This AD also
requires repetitive post-modification inspections for cracking in the
body skin and the skin splice plate; for certain airplanes, an
inspection for steel cross-shaped doublers on the larger aluminum
doublers; and corrective action if necessary. This AD also requires
repetitive surface high frequency eddy current (HFEC) inspections of a
certain bulkhead outer chord, skin splice plate, and outer chord radius
filler for cracking; repetitive detailed inspections for cracking of
the bulkhead frame web and body skin; and corrective actions if
necessary. This AD provides for optional terminating action for certain
repetitive inspections. This AD was prompted by reports of cracking of
the fuselage skin and adjacent internal skin splice plate at the left
and right nose wheel well aft corners, and the outer chord of the body
station (BS) 400 bulkhead. We are issuing this AD to detect and correct
cracking of the fuselage skin or splice plate, which, together with
cracking of the bulkhead outer chord, could result in large skin cracks
and subsequent in-flight rapid decompression of the airplane.

DATES: This AD is effective February 1, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 1,
2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Steven Fox, Senior Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6425; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
July 8, 2010 (75 FR 39189). That NPRM proposed to require repetitive
inspections for cracking in the body skin around the aft corners of the
nose wheel well; for certain airplanes, repetitive inspections for
cracking in the skin splice plate at the aft corners of the nose wheel
well; and related investigative and corrective actions if

necessary. The NPRM also proposed to require repetitive post-
modification inspections for cracking in the body skin and the skin
splice plate; for certain airplanes, an inspection for steel cross-
shaped doublers on the larger aluminum doublers; and corrective action
if necessary. The NPRM also proposed to require repetitive surface high
frequency eddy current (HFEC) inspections of a certain bulkhead outer
chord, skin splice plate, and outer chord radius filler for cracking;
repetitive detailed inspections for cracking of the bulkhead frame web
and body skin; and corrective actions if necessary. That NPRM also
proposed to provide for optional terminating action for certain
repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Revise Paragraph (r) of the NPRM

    Boeing requested that we revise paragraph (r) of the NPRM to note
that the threshold of the initial inspection, in accordance with Boeing
Document No. D6-35022, Volumes 1 and 2 ``Supplemental Structural
Inspection Document (SSID) for Model 747 Airplanes,'' Revision G, dated
December 2000, Item F-4, remains as given in AD 2004-07-22 R1 (73 FR
1052, January 7, 2008) (A correction to AD 2004-07-22 R1 was published
in the Federal Register on February 14, 2008 (73 FR 8589)). Boeing
stated that while the inspection method and intervals provided in
Boeing Alert Service Bulletin 747-53A2305, Revision 2, dated January
15, 2009, are alternative methods of compliance (AMOCs) to Revision G
of the Model 747 SSID, Item F-4, the requirement to comply with the
SSID inspection threshold remains as given in AD 2004-07-22 R1.
    We disagree with the request to revise paragraph (r) of this AD to
include the requested notation. Paragraph (r) of this AD does not
provide any indication of change to the initial inspection threshold
for the initial inspection according to Revision G of the Model 747
SSID, Item F-4. As the commenter stated, the inspection threshold for
Item F-4 remains as given in AD 2004-07-22 R1. Paragraph (b) of this AD
also indicates that no other AD is affected by this AD. No change has
been made to the AD in this regard.

Request To Include Alternative Inspection Procedures as AMOCs or To
Extend the Grace Period

    Japan Airlines (JAL) requested approval of an AMOC for inspections
for airplanes that have been previously repaired. JAL stated that 14 of
its Model 747-400 airplanes have had repair doublers already installed
in the affected areas that deviate from Boeing Alert Service Bulletin
747-53A2305, Revision 2, dated January 15, 2009; therefore, alternative
inspection procedures are necessary for the repaired structure. JAL
stated that it will have to obtain AMOC approval for each of its 14
airplanes. JAL also stated that since it takes additional work for both
JAL and Boeing to obtain the AMOC approval, an exception should be
allowed to admit all of the existing repairs as an AMOC for the
proposed actions. JAL also proposed the alternative of an approval
letter from the FAA for their existing repairs before the effective
date of the AD. As an alternative, JAL requested a grace period to
allow an extended compliance time for the inspection of previously
repaired airplanes.
    We disagree with the request for AMOC approval for previously
repaired airplanes and for a grace period. An AMOC cannot be included
in an AD, because an AMOC can be written for an AD only after the AD is
published. Because the repairs previously done on these 14 airplanes
can be unique to each airplane and are different from the repair
requirements of this AD, each instance will need to be re-evaluated for
this AD as an AMOC to ensure continued operational safety. However,
under the provisions of paragraph (u) of this AD, after the AD is
published we will consider requests for approval of an alternative
method of compliance if sufficient data are submitted to substantiate
that the previous repairs would provide an acceptable level of safety.
    We also disagree with the request to include a grace period. A
grace period of 1,500 flight hours from the effective date of this AD
was already included in paragraphs (k), (o), and (r) of this AD.
    No change has been made to this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 160 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                 Table--Estimated Costs
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                                                            Average labor rate                      Number of U.S.-registered
                Action                      Work hours           per hour        Cost per product           airplanes                  Fleet cost
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Inspections: Body Skin and Skin Splice                   1                 $85                 $85  160......................  $13,600.
 Plate.
Modification: Groups 1-3 \1\..........                 180                  85              15,300  Up to 27.................  Up to $413,100.
Modification: Groups 1-3 \2\..........                 320                  85              27,200  Up to 27.................  Up to $734,400.
Modification: Groups 4-8 \3\..........                 180                  85              15,300  Up to 133................  Up to $2,034,900.
Modification: Groups 4-7 \4\..........                  40                  85               3,400  Up to 44.................  Up to $149,600.
Post-Mod LFEC Inspection \5\..........                   6                  85                 510  Up to 160................  Up to $81,600.
Inspections: Bulkhead Outer Chord \6\.                   4                  85                 340  Up to 160................  Up to $54,400.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Installation of skin and splice plate doubler for Groups 1-3 airplanes that have not done Boeing Service Bulletin 747-53-2150 or Figure 35 of
  Section 53-30-03 of the Boeing 747 Structural Repair Manual.
\2\ Installation of skin and splice plate doubler for Groups 1-3 airplanes that have done Boeing Service Bulletin 747-53-2150 or Figure 35 of Section 53-
  30-03 of the Boeing 747 Structural Repair Manual.
\3\ Installation of skin and splice plate doubler for Groups 4-8 airplanes.
\4\ Installation of splice plate doubler for Groups 4-7 airplanes changed before Boeing Alert Service Bulletin 747-53A2305, Revision 2, dated January
  15, 2009.
\5\ Inspection for skin cracks around the fasteners at the periphery of the modification doublers.
\6\ Includes inspection of the frame web and body skin.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2010-26-07 The Boeing Company: Amendment 39-16546; Docket No. FAA-
2010-0674; Directorate Identifier 2010-NM-012-AD.

Effective Date

    (a) This AD is effective February 1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 747-100,
747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-
400, 747-400D, 747-400F, 747SR, and 747SP series airplanes,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of cracking of the fuselage
skin and adjacent internal skin splice plate at the left and right
nose wheel well aft corners, and the outer chord of the body station
(BS) 400 bulkhead. The Federal Aviation Administration is issuing
this AD to detect and correct cracking of the fuselage skin or
splice plate, which, together with cracking of the bulkhead outer
chord, could result in large skin cracks and subsequent in-flight
rapid decompression of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Pre-Modification Inspections

    (g) For airplanes in Groups 1 through 3, as identified in Boeing
Alert Service Bulletin 747-53A2305, Revision 2, dated January 15,
2009, that have not been modified in accordance with Boeing Service
Bulletin 747-53-2150; have not been repaired in accordance with
Figure 35 of Section 53-30-03 of Boeing 747 Structural Repair Manual
(SRM); and have not been modified in accordance with Boeing Alert
Service Bulletin 747-53A2305: Before the accumulation of 3,000 total
flight cycles, or within 1,500 flight cycles after the effective
date of this AD, whichever occurs later, do an external detailed
inspection for cracks in the body skin around the aft corners of the
nose wheel well, and skin splice plate at the aft corners of the
nose wheel well, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 747-53A2305, Revision 2, dated
January 15, 2009.
    (h) For airplanes in Groups 1 through 3, as identified in Boeing
Alert Service Bulletin 747-53A2305, Revision 2, dated January 15,
2009, that have been modified in accordance with Boeing Service
Bulletin 747-53-2150; or repaired in accordance with Figure 35 of
Section 53-30-03 of Boeing 747 SRM: Within 6,000 flight cycles after
doing the modification or repair, or within 1,500 flight cycles
after the effective date of this AD, whichever occurs later, do an
external detailed inspection for cracks in the body skin around the
aft corners of the nose wheel well, and skin splice plate at the aft
corners of the nose wheel well, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2305, Revision 2, dated January 15, 2009.
    (i) For airplanes in Groups 4 through 7, as identified in Boeing
Alert Service Bulletin 747-53A2305, Revision 2, dated January 15,
2009, that have not been modified in accordance with Boeing Alert
Service Bulletin 747-53A2305: Prior to the accumulation of 3,000
total flight cycles, or within 1,500 flight cycles after the
effective date of this AD, whichever occurs later, do an external
detailed inspection for cracks in the body skin around the aft
corners of the nose wheel well, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2305, Revision 2, dated January 15, 2009.
    (j) For airplanes in Groups 4 through 7, as identified in Boeing
Alert Service Bulletin 747-53A2305, Revision 2, dated January 15,
2009, that have been modified in accordance with Boeing Service
Bulletin 747-53-2305, dated June 27, 1991; or Revision 1, dated May
22, 1997: Within 1,000 flight cycles after the effective date of
this AD, do a one-time external general visual inspection for steel
cross-shaped doublers, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2305, Revision
2, dated January 15, 2009. If no cross-shaped doublers are
installed, within 1,500 flight cycles after the effective date of
this AD, install cross-shaped doublers, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2305, Revision 2, dated January 15, 2009.
    (k) For airplanes in Group 8, as identified in Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009:
Prior to the accumulation of 3,000 total flight cycles, or within
1,500 flight cycles after the effective date of this AD, whichever
occurs later, do an external detailed inspection for cracks in the
body skin around the aft corners of the nose wheel well, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009.
    (l) If no crack is found during any inspection required by
paragraph (g), (h), (i), or (k) of this AD, repeat the applicable
inspection specified in paragraph (g), (h), (i), or (k) of this AD
thereafter at intervals not to exceed 1,500 flight cycles, until the
modification specified in paragraph (n) of this AD is accomplished.
    (m) If any crack is found during any inspection required by
paragraph (g), (h), (i), (k), or (l) of this AD, before further
flight, modify the aft corners of the nose wheel well by installing
modification doublers and doing all applicable related investigative
and corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2305, Revision
2,

dated January 15, 2009, except as required by paragraph (t) of this
AD.

Optional Terminating Action

    (n) Modification of the aft corners of the nose wheel well by
installing modification doublers and doing all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2305, Revision 2, dated January 15, 2009, terminates the
repetitive inspections required by paragraph (l) of this AD for the
modified side only. Where Boeing Alert Service Bulletin 747-53A2305,
Revision 2, dated January 15, 2009, specifies to contact Boeing for
appropriate action, repair using a method approved in accordance
with the procedures specified in paragraph (u) of this AD.

Post-Modification Repetitive Inspections

    (o) For airplanes on which the modification specified in Boeing
Alert Service Bulletin 747-53A2305, Revision 2, dated January 15,
2009, has been done: At the applicable time specified in paragraph
(o)(1) or (o)(2) of this AD, do an external low frequency eddy
current inspection for skin cracks around the fasteners at the
periphery of the modification doublers, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2305, Revision 2, dated January 15, 2009.
    (1) For airplanes on which the edge row fastener holes common to
the external modification doublers have been zero-timed in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009:
Within 15,000 flight cycles after accomplishing the modification, or
within 1,500 flight cycles after the effective date of this AD,
whichever occurs later.
    (2) For airplanes on which the edge row fastener holes common to
the external modification doublers have not been zero-timed in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009:
Prior to the accumulation of 15,000 total flight cycles, or within
1,500 flight cycles after the effective date of this AD, whichever
occurs later.
    (p) If no cracking is found during the inspection required by
paragraph (o) of this AD, repeat the inspection specified in
paragraph (o) of this AD thereafter at intervals not to exceed 1,500
flight cycles.
    (q) If any cracking is found during any inspection required by
paragraph (o) or (p) of this AD, before further flight, repair using
a method approved in accordance with the procedures specified in
paragraph (u) of this AD.

Body Station (BS) 400 Bulkhead Outer Chord Inspection

    (r) For all airplanes: At the latest of the times specified in
paragraphs (r)(1), (r)(2), and (r)(3) of this AD, do a surface HFEC
inspection for cracking in the BS 400 bulkhead outer chord, skin
splice plate, and outer chord radius filler; and a detailed
inspection for cracking of the bulkhead frame web and body skin; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009. If
no cracking is found during any inspection, repeat the inspection
one time within 6,000 flight cycles, and thereafter at intervals not
to exceed 3,000 flight cycles.
    (1) Before the accumulation of 20,000 total flight cycles.
    (2) Within 3,000 flight cycles after doing the HFEC inspection
required by AD 2004-07-22 R1, Amendment 39-15326, for structural
significant item (SSI) F-4B of the Boeing Document No. D6-35022,
``Supplemental Structural Inspection Document (SSID) for Model 747
Airplanes,'' Revision G, dated December 2000.
    (3) Within 1,500 flight cycles after the effective date of this
AD.
    (s) If any cracking is found during any inspection required by
paragraph (r) of this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2305, Revision 2, dated January 15, 2009,
except as required by paragraph (t) of this AD. Within 6,000 flight
cycles after doing the repair, do the inspections specified in
paragraph (r) of this AD, and repeat the inspections thereafter at
intervals not to exceed 3,000 flight cycles.

Service Bulletin Exception

    (t) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin 747-53A2305, Revision 2,
dated January 15, 2009, specifies to contact Boeing for appropriate
action: Before further flight, repair the crack using a method
approved in accordance with the procedures specified in paragraph
(u) of this AD.

Alternative Methods of Compliance (AMOCs)

    (u)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Steven Fox, Senior Aerospace Engineer, Airframe Branch, ANM-
120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 917-6590. Information may be e-mailed to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

Related Information

    (v) For more information about this AD, contact Steven Fox,
Senior Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (w) You must use Boeing Alert Service Bulletin 747-53A2305,
Revision 2, dated January 15, 2009, to do the actions required by
this AD, unless the AD specifies otherwise. The optional actions, if
accomplished, shall be done in accordance with Boeing Alert Service
Bulletin 747-53A2305, Revision 2, dated January 15, 2009.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-31985 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


( a) This subpart establishes the requirements that State or Tribal programs must meet for authorization by the Administrator to administer and enforce the standards, regulations, or other requirements established under TSCA section 402 and/ or section 406 and establishes the procedures EPA will follow in approving, revising, and withdrawing approval of State or Tribal programs. ( b) For State or Tribal lead based paint training and certification programs, a State or Indian Tribe may seek authorization to administer and enforce Secs. 745.225, 745.226, and 745.227. The provisions of Secs. 745.220, 745.223, 745.233, 745.235, 745.237, and 745.239 shall be applicable for the purposes of such program authorization. ( c) For State or Tribal pre renovation notification programs, a State or Indian Tribe may seek authorization to administer and enforce regulations developed pursuant to TSCA section 406. ( d) A State or Indian Tribe applying for program authorization may seek either interim approval or final approval of the compliance and enforcement portion of the State or Tribal lead based paint program pursuant to the procedures at Sec. 745.327( a). ( e) State or Tribal submissions for program authorization shall comply with the procedures set out in this subpart. ( f) Any State or Tribal program approved by the Administrator under this subpart shall at all times comply with the requirements of this subpart. ( g) In many cases States will lack authority to regulate activities in Indian Country. This lack of authority does not impair a State's ability to obtain full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor Indian Tribe has been granted program authorization by EPA.

Sec. 745.323 Definitions.

The definitions in subpart A apply to this subpart. In addition, the definitions in Sec. 745.223 and the following definitions apply: Indian Country means ( 1) all land within the limits of any American Indian reservation under the jurisdiction of the U. S. government, notwithstanding the issuance of any patent, and including rights of way running throughout the reservation; ( 2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or outside the limits of a State; and ( 3) all Indian allotments, the Indian titles which have not been extinguished, including rights of way running through the same. Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary of the Interior and exercising substantial governmental duties and powers.

Sec. 745.324 Authorization of State or Tribal programs.

( a) Application content and procedures. ( 1) Any State or Indian Tribe that seeks authorization from EPA to administer and enforce any provisions of subpart L of this part under section 402( a) of TSCA or the provisions of regulations developed under section 406 of TSCA shall submit an application to the Administrator in accordance with the procedures of this paragraph ( a). ( 2) Before developing an application for authorization, a State or Indian Tribe shall disseminate a public notice of intent to seek such authorization and provide an opportunity for a public hearing. ( 3) A State or Tribal application shall include: ( i) A transmittal letter from the State Governor or Tribal Chairperson ( or equivalent official) requesting program approval. ( ii) A summary of the State or Tribal program. This summary will be used to provide notice to residents of the State or Tribe. ( iii) A description of the State or Tribal program in accordance with paragraph ( b) of this section. ( iv) An Attorney General's or Tribal Counsel's ( or equivalent) statement in accordance with paragraph ( c) of this section. ( v) Copies of all applicable State or Tribal statutes, regulations, standards, and other materials that provide the State or Indian Tribe with the authority to administer and enforce a lead based paint program. ( 4) After submitting an application, the Agency will publish a Federal Register notice that contains an announcement of the receipt of the State or Tribal application, the summary of the program as provided by the State or Tribe, and a request for public comments to be mailed to the appropriate EPA Regional Office. This comment period shall last for no less than 45 days. EPA will consider these comments during its review of the State or Tribal application. ( 5) Within 60 days of submission of a State or Tribal application, EPA will, if requested, conduct a public hearing in each State or Indian Country seeking program authorization and will consider all comments submitted at that hearing during the review of the State or Tribal application. ( b) Program description. A State or Indian Tribe seeking to administer and enforce a program under this subpart must submit a description of the program. The description of the State or Tribal program must include: ( 1)( i) The name of the State or Tribal agency that is or will be responsible for administering and enforcing the program, the name of the official in that agency designated as the point of contact with EPA, and addresses and phone numbers where this official can be contacted. ( ii) Where more than one agency is or will be responsible for administering and enforcing the program, the State or Indian Tribe must designate a primary agency to oversee and coordinate administration and enforcement of the program and serve as the primary contact with EPA. ( iii) In the event that more than one agency is or will be responsible for administering and enforcing the program, the application must also include a description of the functions to be performed by each agency. The description shall explain and how the program will be coordinated by the primary agency to ensure consistency and effective administration of the lead based paint training accreditation and certification program within the State or Indian Tribe. ( 2) To demonstrate that the State or Tribal program is at least as protective as the Federal program, fulfilling the criteria in paragraph ( e)( 2)( i) of this section, the State or Tribal application must include: ( i) A description of the program that demonstrates that the program contains all of the elements specified in Sec. 745.325, Sec. 745.326, or both; and ( ii) An analysis of the State or Tribal program that compares the program to the Federal program in subpart L of this part, regulations developed pursuant to TSCA section 406, or both. This analysis shall demonstrate how the program is, in the State's or Indian Tribe's assessment, at least as protective as the elements in the Federal program at subpart L of this part, regulations developed pursuant to TSCA section 406, or both. EPA will use this analysis to evaluate the protectiveness of the State or Tribal program in making its determination pursuant to paragraph ( e)( 2)( i) of this section. ( 3) To demonstrate that the State or Tribal program provides adequate enforcement, fulfilling the criteria in paragraph ( e)( 2)( ii) of this section, the State or Tribal application must include a description of the State or Tribal lead based paint compliance and enforcement program that demonstrates that the program contains all of the elements specified at Sec. 745.327. This description shall include copies of all policies, certifications, plans, reports, and other materials that demonstrate that the State or Tribal program contains all of the elements specified at Sec. 745.327. ( 4)( i) The program description for an Indian Tribe shall also include a map, legal description, or other information sufficient to identify the geographical extent of the territory over which the Indian Tribe exercises jurisdiction. ( ii) The program description for an Indian Tribe shall also include a demonstration that the Indian Tribe: ( A) Is recognized by the Secretary of the Interior. ( B) has an existing government exercising substantial governmental duties and powers. ( C) has adequate civil regulatory jurisdiction ( as shown in the Tribal legal certification in paragraph ( c)( 2) of this section) over the subject matter and entities regulated. ( D) is reasonably expected to be capable of administering the Federal program for which it is seeking authorization. ( iii) If the Administrator has previously determined that an Indian Tribe has met the prerequisites in paragraphs ( b)( 4)( ii)( A) and ( B) of this section for another EPA program, the Indian Tribe need provide only that information unique to the lead based paint program required by paragraphs ( b)( 4)( ii)( C) and ( D) of this section. ( c) Attorney General's statement. ( 1) A State or Indian Tribe must submit a written statement signed by the Attorney General or Tribal Counsel ( or equivalent) certifying that the laws and regulations of the State or Indian Tribe provide adequate legal authority to administer and enforce the State or Tribal program. This statement shall include citations to the specific statutes and regulations providing that legal authority. ( 2) The Tribal legal certification ( the equivalent to the Attorney General's statement) may also be submitted and signed by an independent attorney retained by the Indian Tribe for representation in matters before EPA or the courts pertaining to the Indian Tribe's program. The certification shall include an assertion that the attorney has the authority to represent the Indian Tribe with respect to the Indian Tribe's authorization application. ( 3) If a State application seeks approval of its program to operate in Indian Country, the required legal certification shall include an analysis of the applicant's authority to implement its provisions in Indian Country. The applicant shall include a map delineating the area over which it seeks to operate the program. ( d) Program certification. ( 1) At the time of submitting an application, a State may also certify to the Administrator that the State program meets the requirements contained in paragraphs ( e)( 2)( i) and ( e)( 2)( ii) of this section. ( 2) If this certification is contained in a State's application, the program shall be deemed to be authorized by EPA until such time as the Administrator disapproves the program application or withdraws the program authorization. A program shall not be deemed authorized pursuant to this subpart to the extent that jurisdiction is asserted over Indian Country, including non member fee lands within an Indian reservation. ( 3) If the application does not contain such certification, the State program will be authorized only after the Administrator authorizes the program in accordance with paragraph ( e) of this section. ( 4) This certification shall take the form of a letter from the Governor or the Attorney General to the Administrator. The certification shall reference the program analysis in paragraph ( b)( 3) of this section as the basis for concluding that the State program is at least as protective as the Federal program, and provides adequate enforcement. ( e) EPA approval. ( 1) EPA will fully review and consider all portions of a State or Tribal application. ( 2) Within 180 days of receipt of a complete State or Tribal application, the Administrator shall either authorize the program or disapprove the application. The Administrator shall authorize the program, after notice and the opportunity for public comment and a public hearing, only if the Administrator finds that: ( i)( A) In the case of an application to authorize the State or Indian Tribe to administer and enforce the provisions of subpart L of this part, the State or Tribal program is at least as protective of human health and the environment as the corresponding Federal program under subpart L of this part; and/ or ( B) In the case of an application to authorize the State or Indian Tribe to administer and enforce the regulations developed pursuant to TSCA section 406, the State or Tribal program is at least as protective of human health and the environment as the Federal regulations developed pursuant to TSCA section 406. ( ii) The State or Tribal program provides adequate enforcement. ( 3) EPA shall notify in writing the State or Indian Tribe of the Administrator's decision to authorize the State or Tribal program or disapprove the State's or Indian Tribe's application. ( 4) If the State or Indian Tribe applies for authorization of State or Tribal programs under both subpart L and regulations developed pursuant to TSCA section 406, EPA may, as appropriate, authorize one program and disapprove the other. ( f) EPA administration and enforcement. ( 1) If a State or Indian Tribe does not have an authorized program to administer and enforce subpart L of this part in effect by August 31, 1998, the Administrator shall, by such date, establish and enforce the provisions of subpart L of this part as the Federal program for that State or Indian Country. ( 2) If a State or Indian Tribe does not have an authorized program to administer and enforce regulations developed pursuant to TSCA section 406 in effect by August 31, 1998, the Administrator shall, by such date, establish and enforce the provisions of regulations developed pursuant to TSCA section 406 as the Federal program for that State or Indian Country. ( 3) Upon authorization of a State or Tribal program, pursuant to paragraph ( d) or ( e) of this section, it shall be an unlawful act under sections 15 and 409 of TSCA for any person to fail or refuse to comply with any requirements of such program. ( g) Oversight. EPA shall periodically evaluate the adequacy of a State's or Indian Tribe's implementation and enforcement of its authorized programs. ( h) Reports. Beginning 12 months after the date of program authorization, the primary agency for each State or Indian Tribe that has an authorized program shall submit a written report to the EPA Regional Administrator for the Region in which the State or Indian Tribe is located. This report shall be submitted at least once every 12 months for the first 3 years after program authorization. If these reports demonstrate successful program implementation, the Agency will automatically extend the reporting interval to every 2 years. If the subsequent reports demonstrate problems with implementation, EPA will require a return to annual reporting until the reports demonstrate successful program implementation, at which time the Agency will extend the reporting interval to every 2 years. The report shall include the following information: ( 1) Any significant changes in the content or administration of the State or Tribal program implemented since the previous reporting period; and ( 2) All information regarding the lead based paint enforcement and compliance activities listed at Sec. 745.327( d) `' Summary on Progress and Performance.'` ( i) Withdrawal of authorization. ( 1) If EPA concludes that a State or Indian Tribe is not administering and enforcing an authorized program in compliance with the standards, regulations, and other requirements of sections 401 through 412 of TSCA and this subpart, the Administrator shall notify the primary agency for the State or Indian Tribe in writing and indicate EPA's intent to withdraw authorization of the program. ( 2) The Notice of Intent to Withdraw shall: ( i) Identify the program aspects that EPA believes are inadequate and provide a factual basis for such findings. ( ii) Include copies of relevant documents. ( iii) Provide an opportunity for the State or Indian Tribe to respond either in writing or at a meeting with appropriate EPA officials. ( 3) EPA may request that an informal conference be held between representatives of the State or Indian Tribe and EPA officials. ( 4) Prior to issuance of a withdrawal, a State or Indian Tribe may request that EPA hold a public hearing. At this hearing, EPA, the State or Indian Tribe, and the public may present facts bearing on whether the State's or Indian Tribe's authorization should be withdrawn. ( 5) If EPA finds that deficiencies warranting withdrawal did not exist or were corrected by the State or Indian Tribe, EPA may rescind its Notice of Intent to Withdraw authorization. ( 6) Where EPA finds that deficiencies in the State or Tribal program exist that warrant withdrawal, an agreement to correct the deficiencies shall be jointly prepared by the State or Indian Tribe and EPA. The agreement shall describe the deficiencies found in the program, specify the steps the State or Indian Tribe has taken or will take to remedy the deficiencies, and establish a schedule, no longer than 180 days, for each remedial action to be initiated. ( 7) If the State or Indian Tribe does not respond within 60 days of issuance of the Notice of Intent to Withdraw or an agreement is not reached within 180 days after EPA determines that a State or Indian Tribe is not in compliance with the Federal program, the Agency shall issue an order withdrawing the State's or Indian Tribe's authorization. ( 8) By the date of such order, the Administrator shall establish and enforce the provisions of subpart L of this part or regulations developed pursuant to TSCA section 406, or both, as the Federal program for that State or Indian Country.

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

( a) Program elements. To receive authorization from EPA, a State or Tribal program must contain at least the following program elements for lead based paint activities: ( 1) Procedures and requirements for the accreditation of lead based paint activities training programs. ( 2) Procedures and requirements for the certification of individuals engaged in lead based paint activities. ( 3) Work practice standards for the conduct of lead based paint activities. ( 4) Requirements that all lead based paint activities be conducted by appropriately certified contractors. ( 5) Development of the appropriate infrastructure or government capacity to effectively carry out a State or Tribal program. ( b) Accreditation of training programs. The State or Indian Tribe must have either: ( 1) Procedures and requirements for the accreditation of training programs that establish: ( i) Requirements for the accreditation of training programs, including but not limited to: ( A) Training curriculum requirements. ( B) Training hour requirements. ( C) Hands on training requirements. ( D) Trainee competency and proficiency requirements. ( E) Requirements for training program quality control. ( ii) Procedures for the re accreditation of training programs. ( iii) Procedures for the oversight of training programs. ( iv) Procedures for the suspension, revocation, or modification of training program accreditations; or ( 2) Procedures or regulations, for the purposes of certification, for the acceptance of training offered by an accredited training provider in a State or Tribe authorized by EPA. ( c) Certification of individuals. The State or Indian Tribe must have requirements for the certification of individuals that: ( 1) Ensure that certified individuals: ( i) Are trained by an accredited training program; and ( ii) Possess appropriate education or experience qualifications for certification. ( 2) Establish procedures for re certification. ( 3) Require the conduct of lead based paint activities in accordance with work practice standards established by the State or Indian Tribe. ( 4) Establish procedures for the suspension, revocation, or modification of certifications. ( 5) Establish requirements and procedures for the administration of a third party certification exam. ( d) Work practice standards for the conduct of lead based paint activities. The State or Indian Tribe must have requirements or standards that ensure that lead based paint activities are conducted reliably, effectively, and safely. At a minimum the State's or Indian Tribe's work practice standards for conducting inspections, risk assessments, and abatements must contain the requirements specified in paragraphs ( d)( 1), ( d)( 2), and ( d)( 3) of this section. ( 1) The work practice standards for the inspection for the presence of lead based paint must require that: ( i) Inspections are conducted only by individuals certified by the appropriate State or Tribal authority to conduct inspections. ( ii) Inspections are conducted in a way that identifies the presence of lead based paint on painted surfaces within the interior or on the exterior of a residential dwelling or child occupied facility. ( iii) Inspections are conducted in a way that uses documented methodologies that incorporate adequate quality control procedures. ( iv) A report is developed that clearly documents the results of the inspection. ( v) Records are retained by the certified inspector or the firm. ( 2) The work practice standards for risk assessment must require that: ( i) Risk assessments are conducted only by individuals certified by the appropriate State or Tribal authority to conduct risk assessments. ( ii) Risk assessments are conducted in a way that identifies and reports the presence of lead based paint hazards. ( iii) Risk assessments consist of, at least: ( A) An assessment, including a visual inspection, of the physical characteristics of the residential dwelling or child occupied facility; and ( B) Environmental sampling for lead in paint, dust, and soil. ( iv) The risk assessor develops a report that clearly presents the results of the assessment and recommendations for the control or elimination of all identified hazards. ( v) The certified risk assessor or the firm retains the appropriate records. ( 3) The work practice standards for abatement must require that: ( i) Abatements are conducted only by individuals certified by the appropriate State or Tribal authority to conduct or supervise abatements. ( ii) Abatements permanently eliminate lead based paint hazards and are conducted in a way that does not increase the hazards of lead based paint to the occupants of the dwelling or child occupied facility. ( iii) Abatements include post abatement lead in dust clearance sampling and conformance with clearance levels established or adopted by the State or Indian Tribe. ( iv) The abatement contractor develops a report that describes areas of the residential dwelling or child occupied facility abated and the techniques employed. ( v) The certified abatement contractor or the firm retains appropriate records.

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

( a) Program elements. To receive authorization from EPA, a State or Tribal program must contain the following program elements for renovation disclosure: ( 1) Procedures and requirements for the distribution of lead hazard information to owners and occupants of target housing before renovations for compensation; and ( 2) An approved lead hazard information pamphlet meeting the requirements of section 406 of TSCA, as determined by EPA. EPA will provide States or Tribes with guidance on what is necessary for a State or Tribal pamphlet approval application. ( b) Program to distribute lead information. To be considered at least as protective as the Federal requirements for pre renovation distribution of information, the State or Indian Tribe must have procedures and requirements that establish: ( 1) Clear standards for identifying home improvement activities that trigger the pamphlet distribution requirements; and ( 2) Procedures for distributing the lead hazard information to owners and occupants of the housing prior to renovation activities. ( c) Distribution of acceptable lead hazard information. To be considered at least as protective as the Federal requirements for the distribution of a lead hazard information pamphlet, the State or Indian Tribe must either: ( 1) Distribute the lead hazard information pamphlet developed by EPA under section 406( a) of TSCA, titled Protect Your Family from Lead in Your Home; or ( 2) Distribute an alternate pamphlet or package of lead hazard information that has been submitted by the State or Tribe, reviewed by EPA, and approved by EPA for use in that State or Tribe. Such information must meet the content requirements prescribed by section 406( a) of TSCA, and be in a format that is readable to the diverse audience of housing owners and occupants in that State or Tribe.

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

( a) Approval of compliance and enforcement programs. A State or Indian Tribe seeking authorization of a lead based paint program can apply for and receive either interim or final approval of the compliance and enforcement program portion of its lead based paint program. Indian Tribes are not required to exercise criminal enforcement jurisdiction as a condition for program authorization. ( 1) Interim approval. Interim approval of the compliance and enforcement program portion of the State or Tribal lead based paint program may be granted by EPA only once, and subject to a specific expiration date. ( i) To be considered adequate for purposes of obtaining interim approval for the compliance and enforcement program portion of a State or Tribal lead based paint program, a State or Indian Tribe must, in its application described at Sec. 745.324( a): ( A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraph ( b) of this section. This demonstration shall include a statement that the State or Indian Tribe, during the interim approval period, shall carry out a level of compliance monitoring and enforcement necessary to ensure that the State or Indian Tribe addresses any significant risks posed by noncompliance with lead based paint activity requirements. ( B) Present a plan with time frames identified for implementing in the field each element in paragraph ( c) of this section. All elements of paragraph ( c) of this section must be fully implemented no later than 3 years from the date of EPA's interim approval of the compliance and enforcement program portion of a State or Tribal lead based paint program. A statement of resources must be included in the State or Tribal plan which identifies what resources the State or Indian Tribe intends to devote to the administration of its lead based paint compliance and enforcement program. ( C) Agree to submit to EPA the Summary on Progress and Performance of lead based paint compliance and enforcement activities as described at paragraph ( d) of this section. ( ii) Any interim approval granted by EPA for the compliance and enforcement program portion of a State or Tribal lead based paint program will expire no later than 3 years from the date of EPA's interim approval. One hundred and eighty days prior to this expiration date, a State or Indian Tribe shall apply to EPA for final approval of the compliance and enforcement program portion of a State or Tribal lead based paint program. Final approval shall be given to any State or Indian Tribe which has in place all of the elements of paragraphs ( b), ( c), and ( d) of this section. If a State or Indian Tribe does not receive final approval for the compliance and enforcement program portion of a State or Tribal lead based paint program by the date 3 years after the date of EPA's interim approval, the Administrator shall, by such date, initiate the process to withdraw the State or Indian Tribe's authorization pursuant to Sec. 745.324( i). ( 2) Final approval. Final approval of the compliance and enforcement program portion of a State or Tribal lead based paint program can be granted by EPA either through the application process described at Sec. 745.324( a), or, for States or Indian Tribes which previously received interim approval as described in paragraph ( a)( 1) of this section, through a separate application addressing only the compliance and enforcement program portion of a State or Tribal lead based paint program. ( i) For the compliance and enforcement program to be considered adequate for final approval through the application described at Sec. 745.324( a), a State or Indian Tribe must, in its application: ( A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraphs ( b) and ( c) of this section. ( B) Submit a statement of resources which identifies what resources the State or Indian Tribe intends to devote to the administration of its lead based paint compliance and enforcement program. ( C) Agree to submit to EPA the Summary on Progress and Performance of lead based paint compliance and enforcement activities as described at paragraph ( d) of this section. ( ii) For States or Indian Tribes which previously received interim approval as described in paragraph ( a)( 1) of this section, in order for the State or Tribal compliance and enforcement program to be considered adequate for final approval through a separate application addressing only the compliance and enforcement program portion of a State or Tribal lead based paint program, a State or Indian Tribe must, in its application: ( A) Demonstrate that it has the legal authority and ability to immediately implement the elements in paragraphs ( b) and ( c) of this section. ( B) Submit a statement which identifies the resources the State or Indian Tribe intends to devote to the administration of its lead based paint compliance and enforcement program. ( C) Agree to submit to EPA the Summary on Progress and Performance of lead based paint compliance and enforcement activities as described at paragraph ( d) of this section. ( D) To the extent not previously submitted through the application described at Sec. 745.324( a), submit copies of all applicable State or Tribal statutes, regulations, standards, and other material that provide the State or Indian Tribe with authority to administer and enforce the lead based paint compliance and enforcement program, and copies of the policies, certifications, plans, reports, and any other documents that demonstrate that the program meets the requirements established in paragraphs ( b) and ( c) of this section. ( b) Standards, regulations, and authority. The standards, regulations, and authority described in paragraphs ( b)( 1) through ( b)( 4) of this section are part of the required elements for the compliance and enforcement portion of a State or Tribal lead based paint program. ( 1) Lead based paint activities and requirements. State or Tribal lead based paint compliance and enforcement programs will be considered adequate if the State or Indian Tribe demonstrates, in its application at Sec. 745.324( a), that it has established a lead based paint program containing the following requirements: ( i) Accreditation of training programs as described at Sec. 745.325( b). ( ii) Certification of individuals engaged in lead based paint activities as described at Sec. 745.325( c). ( iii) Standards for the conduct of lead based paint activities as described at Sec. 745.325( d); and, as appropriate, ( iv) Requirements that regulate the conduct of pre renovation notification activities as described at Sec. 745.326. ( 2) Authority to enter. State or Tribal officials must be able to enter, through consent, warrant, or other authority, premises or facilities where lead based paint activities violations may occur for purposes of conducting inspections. ( i) State or Tribal officials must be able to enter premises or facilities where those engaged in training for lead based paint activities conduct business. ( ii) For the purposes of enforcing a pre renovation notification program, State or Tribal officials must be able to enter a renovator's place of business. ( iii) State or Tribal officials must have authority to take samples and review records as part of the lead based paint activities inspection process. ( 3) Flexible remedies. A State or Tribal lead based paint compliance and enforcement program must provide for a diverse and flexible array of enforcement remedies. At a minimum, the remedies that must be reflected in an enforcement response policy must include the following: ( i) Warning letters, Notices of Noncompliance, Notices of Violation, or the equivalent; ( ii) Administrative or civil actions, including penalty authority ( e. g., accreditation or certification suspension, revocation, or modification); and ( iii) Authority to apply criminal sanctions or other criminal authority using existing State or Tribal laws, as applicable. ( 4) Adequate resources. An application must include a statement that identifies the resources that will be devoted by the State or Indian Tribe to the administration of the State or Tribal lead based paint compliance and enforcement program. This statement must address fiscal and personnel resources that will be devoted to the program. ( c) Performance elements. The performance elements described in paragraphs ( c)( 1) through ( c)( 7) of this section are part of the required elements for the compliance and enforcement program portion of a State or Tribal lead based paint program. ( 1) Training. A State or Tribal lead based paint compliance and enforcement program must implement a process for training enforcement and inspection personnel and ensure that enforcement personnel and inspectors are well trained. Enforcement personnel must understand case development procedures and the maintenance of proper case files. Inspectors must successfully demonstrate knowledge of the requirements of the particular discipline ( e. g., abatement supervisor, and/ or abatement worker, and/ or lead based paint inspector, and/ or risk assessor, and/ or project designer) for which they have compliance monitoring and enforcement responsibilities. Inspectors must also be trained in violation discovery, methods of obtaining consent, evidence gathering, preservation of evidence and chain of custody, and sampling procedures. A State or Tribal lead based paint compliance and enforcement program must also implement a process for the continuing education of enforcement and inspection personnel. ( 2) Compliance assistance. A State or Tribal lead based paint compliance and enforcement program must provide compliance assistance to the public and the regulated community to facilitate awareness and understanding of and compliance with State or Tribal requirements governing the conduct of lead based paint activities. The type and nature of this assistance can be defined by the State or Indian Tribe to achieve this goal. ( 3) Sampling techniques. A State or Tribal lead based paint compliance and enforcement program must have the technological capability to ensure compliance with the lead based paint program requirements. A State or Tribal application for approval of a lead based paint program must show that the State or Indian Tribe is technologically capable of conducting a lead based paint compliance and enforcement program. The State or Tribal program must have access to the facilities and equipment necessary to perform sampling and laboratory analysis as needed. This laboratory facility must be a recognized laboratory as defined at Sec. 745.223, or the State or Tribal program must implement a quality assurance program that ensures appropriate quality of laboratory personnel and protects the integrity of analytical data. ( 4) Tracking tips and complaints. A State or Tribal lead based paint compliance and enforcement program must demonstrate the ability to process and react to tips and complaints or other information indicating a violation. ( 5) Targeting inspections. A State or Tribal lead based paint compliance and enforcement program must demonstrate the ability to target inspections to ensure compliance with the lead based paint program requirements. Such targeting must include a method for obtaining and using notifications of commencement of abatement activities. ( 6) Follow up to inspection reports. A State or Tribal lead based paint compliance and enforcement program must demonstrate the ability to reasonably, and in a timely manner, process and follow up on inspection reports and other information generated through enforcement related activities associated with a lead based paint program. The State or Tribal program must be in a position to ensure correction of violations and, as appropriate, effectively develop and issue enforcement remedies/ responses to follow up on the identification of violations. ( 7) Compliance monitoring and enforcement. A State or Tribal lead based paint compliance and enforcement program must demonstrate, in its application for approval, that it is in a position to implement a compliance monitoring and enforcement program. Such a compliance monitoring and enforcement program must ensure correction of violations, and encompass either planned and/ or responsive lead based paint compliance inspections and development/ issuance of State or Tribal enforcement responses which are appropriate to the violations. ( d) Summary on Progress and Performance. The Summary on Progress and Performance described below is part of the required elements for the compliance and enforcement program portion of a State or Tribal lead based paint program. A State or Tribal lead based paint compliance and enforcement program must submit to the appropriate EPA Regional Administrator a report which summarizes the results of implementing the State or Tribal 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. EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 3 Summary of Comments Received during Consultation TSCA Sections 402/ 404 ICR Consultations August 4 6, 2004 EPA consulted with the following types of respondents:

A: recently certified individual B: recently re certified individual C: recently certified firm D: recently re certified firm E: recently accredited training provider F: recently re accredited training G: authorized state EPA asked the following questions of each respondent:

1) Is it clear to you, based on the regulations, that you are required to:

A, B, C, D: Apply for recertification every 3 years, maintain records for 3 years, and notify EPA prior to abatement activities? E and F: Apply for reaccreditation every four years, maintain records for 3.5 years, and notify EPA prior to and after each training course? G: Report to EPA annually for three years, and biennially after that?

If not, what suggestions do you have for clarifying the instructions?

2) Do you understand which of these may be submitted electronically ( at your option)?

Are you using this option?

If not, what is preventing you from using this option?

For other types of submittals, would you be more inclined to submit CBI on diskette than on paper? What benefits would you realize ( burden reduction? greater efficiency in compiling the information?, etc.)?

3) Is any of this information already available to EPA through another, publicly available source?

4) ( For A F:) Are the re application procedures clear?

Is there a way to streamline the information so that burden can be further minimized?

Could EPA lengthen times between re applications and still be assured of the integrity of our program? If so, how can this be assured?

5) Are EPA's time estimates for the various tasks accurate? ( See tables in " Burden Roadmap," Attachment 4)

6) Are there other paperwork related costs that should be accounted for that may have been missed?

( Please provide a explanation of how you arrived at your estimate of burden and cost if substantially different than EPA's estimate.)

7) Do you have any other comments on the ICR?

Responses were as follows:

A. Recently certified individual Sylvia N. Benton ( risk assessor, self employed) 5385 Servis Road Geneseo, NY 14454 585 243 9074 1. Yes, the requirements are clear. 2. Yes, she understand that some information can be submitted electronically and says this was described in her training course. 3. No. 4. She has not looked at the re application procedures yet. She thinks our requirements could be streamlined by allowing people to send the application and check to one address rather than separate addresses. She felt this added time and confusion to the process. 5. She believes our estimates may be accurate for individuals who are employed by a firm, but were too low in her case. She plans on working for herself and starting her own company. She estimates that while it took her only 1 hour to complete the application form, it involved 0.5 hours of copying material and 1.5 hours of travel time to and from the copy center, plus 1 2 hours of finding needed documents ( total 4 5 hours). 6. No, except for additional time needed because of communication mishaps. She was uncomfortable about submitting her social security number and therefore left it out. Her application was therefore incomplete and not processed, but she did not find out about that until 5 weeks later when she called about the status. At that time she submitted her social security number. 7. Not related to the ICR, but she feels the training manuals are not written clearly and have poor phrasing.

B. Recently re certified individual Jeffrey R. Atwell ( supervisor, Orleans Community Action, Inc.) 5426 Hill Road Albion, NY 14411 585 589 1530 ( h) 585 589 5366x106 ( w)

1. Yes, the requirements are clear. 2. He was not aware the some submissions may be made electronically. He does not envision submitting things electronically because he rarely does abatements; he works for a weatherization company but is trained in lead safe work practices because it is a good way to do business. 3. No, the information is not available to EPA from another source. 4. Yes, the re application procedures are clear, and he can't think of a way to have them more streamlined. He believes that the three year time frame is appropriate. 5. The time frames listed in the tables are accurate. 6. No. 7. No.

C. Recently certified firm Nick DiNapoli Twins Electric Corporation 460 Austin Place Bronx, NY 10455 718 292 5536 officeservices@ twinselectric. com 1. Yes, the requirements are clear. 2. He was aware that notifications can be submitted electronically, and planned to do it, but wasn't sure how ( resolved during call). He suggested that this information be included in the certification letter. 3. No, the information is not available to EPA from another source. 4. The procedures are clear and reasonable. He believes that a three year period between reapplications is fine, but that a two years period would be better because of advances in the field, the need to stay current, etc. 5. He believes the time listed in the table for initial certification is much too high, and estimates that it took him only two hours to become for familiar with the rule and to complete the certification application. He was unable to comment on the rest of the table because he had only recently become certified and had not done any jobs yet. 6. No. 7. In general, he thinks it is a good program. He had an issue with getting badges for his certified workers ( resolved during call). He had several suggestions regarding training. He suggested the worker training be simplified somewhat  not in terms of needed practices, but in level of detail, and in particular mentioned the thick course book. Also, he would like online training, preferably as a substitute for the some or all of the course, or at least as a means of preparing for the course and test. He believed that a proctored test after on line training would work well.

D. Recently re certified firm Tim Kinnard Kellco Services, Inc. 3137 Diablo Avenue Hayward, CA 94545 510 786 9751 mailbox3137@ kellco. com 1. Yes, the requirements are clear. 2. He did not know that some information can be submitted electronically, and suggests that a link on EPA's website would be helpful. 3. They are also certified in California, and basic information about their company ( name, address, phone number, etc.) can be found on the California DHS ( Department of Health Services) website. In this limited way, however, he does not feel it is inappropriate or overly burdensome for EPA to collect this information independently ( he does have other comments about how EPA could work more efficiently with States, however; see response 7). 4. Most of the procedures are clear. He would like to see improved specificity in the descriptions of acceptable required refresher training. He does not believe that timing between re applications should be lengthened, and would be amenable to shorter time frames if training and other requirements could be streamlined. For instance, he suggests that EPA link its renewal dates to California, which has a two year re certification period. Again see, additional comments in response 7. 5. Yes, or possibly too high. They estimate that it took approximately 30 minutes to gather information necessary for re certification and to complete and submit the forms. For refresher training however, they believe it took longer than necessary because it was difficult for them to find available trainers, and suggest that EPA ( Fed gov't) do a better job of keeping the website up to date. 6. No. 7. He felt EPA's program did not dovetail well enough with the State of California's program. First, even though they are required to take very detailed training for California's program, they still had to take additional training ( in New Mexico) to satisfy EPA requirements  even though the California course covered everything in the EPA course. He believes that EPA should accept training from any accredited State ( since State requirements must be more protective than EPA), although he does understand and is agreeable to sending separate applications and fees directly to EPA. In addition, he feels that EPA's enforcement program in New Mexico is very much lacking, particularly as is might affect non certified firms. He believes that EPA should increase fees and use the money to pay for enforcement.

E. Recently accredited training provider David Lawson ( took over from Emil Lippert) Carpenters International Training Fund 6801 Placid Street Las Vagas, NV 89119 702 938 1111 They no longer do training because requirements were too onerous, particularly because they were trying to work in all 50 states and there were too many varying requirements between states  too hard to keep straight.

Errol D. Lee Hawaii Laborers' Training Program 96 138 Farrington Highway Pearl City, HI 96782 808 455 7979 elee@ hiltp. org 1. Yes, the requirements are clear. 2. Yes, he understands that information may be submitted electronically, but he does not currently do so. He suggests that more instruction be available on how to do this. 3. No, the information is not available to EPA from another source. 4. He hasn't focused on re accreditation yet but expects that the process and requirements will be much simpler. Timing is acceptable. 5. It was difficult for him to estimate the time for individual ( or collective) tasks because the entire process took over four years. It was made more difficult because of communication difficulties arising from the distance to the continental US, differences in time zones, etc. 6. No, except that he was unsure if the estimates accounted for the need to rewrite portions of the application package ( again, it was difficult for him to estimate time spent because of the long overall period it took for him to become accredited). 7. Not really regarding the ICR, but he thought that the accreditations fees were excessive. He felt that he shouldn't have to pay fees at all, because this is a government program and he already pays taxes. He felt the fees were particularly burdensome to him as a non profit.

F. Recently re accredited training provider Mark and Julie Hahn Environmental Training Fund Ft. Lauderdale, FL 33311 800 966 9933 mark@ seagulltraining. com 1. Yes, requirements are clear. EPA's internal review process was not clear at time of initial accreditation, but the re accreditation process was clear and proceeded smoothly. 2. Yes, they are aware of the option to submit electronically, and are working on a new program which will enable them to communicate with their clients and with EPA more efficiently. No CBI is involved in their submissions. 3. No, the information is not available to EPA from another source. 4. The re application process was clear. They feel the re application information requirements are already streamlined and the time frames are appropriate. 5. Yes. 6. No. 7. Not really regarding the ICR, but they thought it would be helpful if EPA had a system in place for notifying training providers approximately 1 2 months before their accreditation expires that they need to be re accredited.

G. Recently authorized state Adrienne White Acting Program Manager State of Tennessee 615 532 0885 1. Yes, the requirements are clear. They are currently reporting annually, but have been authorized since 2001 and therefore will be moving towards biennial reporting shortly. 2. She does not believe that electronic reporting is an option for her now, but would be interested in this if it were in effect. 3. The information is generally not available publicly in detail, but she would be open to discussing with EPA how this could be made available. For instance, Tennessee's website now lists the total number of certifications, but could easily also list number of certifications in a given time period, number of projects, etc., so that EPA would be able to get the information by just checking their website. 4. All ok, except for possible streamlining option described in # 3 above. 5. Initial and re certification time estimates for individuals and firms are too high  she estimates approximately 1 2 hours in total for each. For initial accreditation of training providers, EPA's estimate is correct if the trainer is using EPA's manual. The time needed would be higher ( 80 hours) if trainers use their own manual ( although much of this is not reporting or record keeping burden). For re certification of training providers, EPA's estimate is slightly higher than they have experienced ( 15 hours total). 6. No. 7. She believes that believes that burden would be further minimized if EPA could provide a 2 year grant period rather than the current 1 year grant period. This would provide her with more time for planning and assessment as well. EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 4 Roadmap for the TSCA Sections 402/ 404 ICR Renewal Burden Estimation Joseph M. Callahan US EPA OPPT/ EETD/ EPAB August 4, 2004 Roadmap for the TSCA Sections 402/ 404 ICR Renewal Burden Estimation This ICR combines what had been two separate ICRs, one covering training and accreditation and certification, and the other covering notification.

This is the older main piece:

States. Under TSCA § 404, EPA must review and assess State submissions to determine whether to grant authorization to administer a program addressing training, certification, accreditation and standards for LBP activities. A State seeking authorization will need to provide information to EPA so the Agency may determine if its program is at least as protective of human health and the environment as the Federal program and that it provides adequate enforcement. States authorized for this rule will need to provide a report to EPA on their activities.

Training providers. Training programs seeking to offer training in LBP activities must receive EPA/ State accreditation. In order for EPA/ States to have the information necessary to evaluate and accredit the training programs, training providers will need to prepare and submit application packages. Training programs also must retain certain records related to their students and training personnel qualifications. Training programs must apply for re accreditation every three years.

Individuals/ Firms. Individuals and firms seeking to engage in LBP activities must receive certification from EPA/ States. To gain certification, an individual must complete an accredited training course and receive a course completion certificate, pass a third party certification exam, meet specific education/ experience requirements, and demonstrate this to EPA/ States. A firm must submit a letter to EPA/ States certifying that it will employ only certified individuals and conduct LBP activities according to the work practice standards. Individuals/ firms must apply for re certification every three years. The rule also requires that individuals/ firms develop and retain records of the LBP activities they undertake to demonstrate compliance with standards and provide a written record for future reference.

This is the notification piece that was added: " Specifically, this proposal seeks to establish procedures to notify the Agency prior to commencement of lead based paint abatement activities as required by 40 CFR 745.227( e)( 4). In addition, this proposal seeks to establish provisions which would require training programs accredited under 40 CFR 745.225 to notify the Agency under the following conditions: 1) prior to providing lead based paint activities training courses, and 2) following completion of lead based paint activities training courses. These notification requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections." Accreditation and Certification Annual Burden and Cost, Year 2004/ 2005 Burden Hours Costs Percentage of total burden Percentage of total cost Accreditation and Certification Burden and Cost Training Providers 1,329 $ 53,973 0.3 % 0.4 % Firms Performing Lead based Paint Activities 351,764 $ 12,607,247 81.6 % 82.3 %

Individuals 7,026 $ 227,618 1.6 % 1.5 % States 48,813 $ 1,858,856 11.3 % 12.1 % Total 408,932 $ 14,747,694 94.8 % 96.3 % Notification Burden and Cost Burden Hours Costs Training Providers 1,351 $ 32,936 0.3 % 0.2 % Firms Performing Lead based Paint Activities 16,284 $ 428,516 3.8% 2.8%

States 4,730 $ 107,944 1.1 % 0.7 % Total 22,365 $ 569,396 5.2 % 3.7 %

Over all Total 431,297 $ 15,317,090 100.0% 100.0%

That summary indicates that the lion's share of the burden and costs are associated with the accreditation and certification activities of firms that perform lead based paint activities. The average burden per firm is around 80 hours per year. The overwhelming majority of that burden ( by our calculations) is due to the time needed for required activities in target housing. The analysis estimates that the average firm expends 30 hours per year doing risk assessment and lead hazard screen reports; 14 hours on occupant protection plans; and 28 hours on post abatement reports. These three tasks require 72 hours or about 90 percent of the total burden on firms.

There are three components involved in the burden and cost estimates: the number of events; the time required per event; and the dollar cost per hour or wage. An individual firm is unlikely to be able to estimate the total number of events over the entire country so there is no reason to ask that question ( at least for the purpose of improving the burden estimate). An individual firm or a sample of nine firms is not likely to allow us to improve the wage rates that are estimated by the BLS so there is no reason to ask that question either. The one thing that we can ask about that may have the potential to improve the burden estimate is the time required for activities in target housing, and in particular the time required to do risk assessments and to do post abatement reports.

The total burden hour estimates for the target housing related tasks are based on estimates of the number of those events and the time required per event. The estimated time for the major tasks are as follows: 1.86 hours to prepare a risk assessment and lead hazard screen report; 0.5 hours to handle pre abatement notification; one hour for preparing the occupant protection plan, and two hours to prepare a post abatement report. The time estimates include time needed for collecting samples and any other required information. These times are drawn from the analysis done to support the original rule that went final in 1996. Unfortunately, that analysis does not indicate exactly how those times were estimated. Hazard screen and risk assessment = 37 percent of incremental burden Occupant protection plans = 17 percent of incremental burden Post abatement reports = 35 percent of incremental burden Inspection The rule requirements add no additional time beyond current industry practice.

Lead hazard screen and risk assessment.

A lead hazard screen is expected to require two dust samples and one hour for single family units, and four dust samples and two hours for multi family units.

For units in bad condition, a risk assessment is recommended. This entails an additional two samples and one hour over the requirements of a lead hazard screen.

These two items were combined on the basis of a weighted average, based on an estimate of the prevalence of deteriorated lead paint. The weights were 76.1 percent lead hazard screens and 23.9 percent risk assessments.

I presume that the analysis must have also done a weighted average over single family units and multi family units, but I have not yet seen a reference to the weights.

Subsequent ICRs have used a figure of 1.86 hours for this category, which I assume reflects both the weighing according to both those factors. I have not yet found an explicit statement or calculation to support that assumption.

Abatement In target housing, preparation of the occupant protection plan by a project designer is expected to take one hour. Post abatement clearance work done by a risk assessor is estimated to take two hours.

In child occupied facilities, preparation of the occupant protection plan by a project designer is expected to take two hour. Post abatement clearance work done by a risk assessor is estimated to take four hours.

These assumptions are based on " discussions with industry and the data presented in the OSHA analysis ..."

In the case of a child occupied facility, pre abatement notification is required. This is expected to require one hour.

The analysis assumes that there are no incremental costs associated with respect to work practices. The main requirement is the substitution of other methods for dry scraping, which is expected to increase costs by a negligible amount. Soil Abatement Post abatement clearance for soil abatement is expected to take two hours for target housing and four hours for child occupied facilities.

The following tables are taken from the current ICR renewal analysis. They provide additional information on the sources of burden, but do not include the cost estimates. The first set of tables cover the reporting and recordkeeping burden while the second set cover notification.

Exhibit 6.1. Training Providers: Reporting and Recordkeeping Burden Estimates Burden Element Professional Hours Clerical Hours Burden Hours Per Training Provider Accreditation Rule Familiarization 8.00 0.00 8.00 Accreditation Statement 7.60 2.00 9.60 Quality Control Plan 8.00 2.00 10.00 Annual Burden Recordkeeping 0.00 0.81 0.81 Re accreditation Burden ( In Addition to the Annual Burden) Re accreditation 3.80 1.00 4.80 Audit* 0.20 0.40 0.60 Burden Per Training Provider Year of Initial Accreditation 28.41 Second, Third, and Fourth Year of Operation 0.81 Year of Accreditation Renewal 6.21 Training Providers Per Year Number of State Administered Entities Number of EPA Administered Entities 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 New Accreditations 4 4 4 18 18 18 Second Year Cohort 37 37 37 85 47 21 Third Year Cohort 36 36 36 65 64 35 Fourth Year Cohort 36 36 36 5 49 48 Accreditation renewals 34 34 34 45 10 104 Burden Per Year State Administered Entities EPA Administered Entities 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 Burden Hours 413 413 413 916 703 1241 Burden Summary Per Year 2004/ 2005 2005/ 2006 2006/ 2006 Total Burden Hours 1329 1116 1654 * This analysis assumes that 10 percent of all programs applying for re accreditation will be audited. Estimates of burden hours per event taken from the Fees Rule EA and the previous ICR renewal. Exhibit 6.2. Firms: Reporting and Recordkeeping Burden Estimates Category Number of Events per Firm Reporting Burden per event Professional Burden per firm Recordkeeping Burden Per Report Clerical Burden per firm Burden Hours Per Firm Certification Rule familiarization 1.00 6.00 6.00 0.000 0.000 6.00 Certification letter 1.00 1.5* 1.50 0.008 0.008 1.51 * Includes 0.5 hours clerical time.

Target Housing ( including soil abatements) Risk assessment and lead hazard screen reports 16.11 1.86 29.96 0.008 0.134 30.09 Pre abatement notifications 4.51 0.50 2.25 0.008 0.037 2.29 Occupant protection plan 13.97 1.00 13.97 0.008 0.116 14.08 Post abatement reports 13.97 2.00 27.94 0.008 0.000 27.94 Child Occupied Facilities ( including soil abatements) Risk assessment reports 0.12 1.09 0.14 0.008 0.001 0.14 Pre abatement notifications 0.12 0.50 0.06 0.008 0.001 0.06 Occupant protection plan 0.12 1.00 0.12 0.008 0.001 0.13 Post abatement reports 0.12 2.00 0.25 0.008 0.001 0.25 Burden per Firm Firms in year of initial certification 82.49 Firms in second year cohort 74.98 Firms in third year cohort 74.98 Firms in year of re certification 76.49 Firms per Year Number of State Administered Entities Number of EPA Administered Entities 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 Initial certification year 216 216 216 200 200 200 Second year cohort 1121 1121 1121 449 373 547 Third year cohort 1050 1050 1050 410 421 349 Re certifying firms 982 982 982 198 384 394 Burden per Year State Administered Entities EPA Administered Entities Burden in hours 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 Initial certification year 17,818 17,818 17,818 16,498 16,498 16,498 Second year cohort 84,053 84,053 84,053 33,666 27,968 41,014 Third year cohort 78,729 78,729 78,729 30,742 31,567 26,168 Recertifying firms 75,113 75,113 75,113 15,145 29,372 30,137 Total burden per year 255,713 255,713 255,713 96,051 105,405 113,817 Burden Summary by Year 2004/ 2005 2005/ 2006 2006/ 2007 Total Burden Hours 351,764 361,118 369,530 Exhibit 6.3. Individual: Reporting and Recordkeeping Burden Estimates Inspectors, Risk Assessors and Supervisors Workers and Project Designers Year of Initial Certification 1.0 0.5 Second and Third Year of Operation 0.0 0.0 Year of Certification Renewal 1.0 0.5 Individuals per Calender Year Number of State Administered Entities Number of EPA Administered Entities 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 Inspectors Initial certification 624 624 624 177 177 177 Year 2 cohort 524 524 524 157 145 145 Year 3 cohort 330 330 330 83 99 91 Certification renewal 208 208 208 53 53 63 Risk Assessors Initial certification 1,168 1,168 1,168 331 331 331 Year 2 cohort 981 981 981 295 272 271 Year 3 cohort 618 618 618 156 186 171 Certification renewal 389 389 389 100 98 117 Supervisors Initial certification 1,178 1,178 1,178 335 335 335 Year 2 cohort 990 990 990 297 274 273 Year 3 cohort 624 624 624 157 187 173 Certification renewal 393 393 393 100 99 118 Workers Initial certification 2,240 2,240 2,240 636 636 636 Year 2 cohort 1,882 1,882 1,882 565 521 520 Year 3 cohort 1,186 1,186 1,186 299 356 328 Certification renewal 747 747 747 191 189 224 Project Designers Initial certification 74 74 74 21 21 21 Year 2 cohort 62 62 62 19 17 17 Year 3 cohort 39 39 39 10 12 11 Certification renewal 24 24 24 6 6 7 Burden per Year 2004/ 2005 2005/ 2006 2006/ 2007 Inspectors 1062 1062 1072 Risk Assessors 1988 1986 2005 Supervisors 2006 2005 2024 Workers 1907 1906 1923.5 Project Designers 62.5 62.5 63 Total Individual Burden Hours 7025.5 7021.5 7087.5 Exhibit 6.4. State: Reporting and Recordkeeping Burden Estimates State Program Administration Burden per Entity Type Clerical Hours Technical Hours Managerial Hours Certify Re certify Certify Re certify Certify Re certify Training Providers 3.36 1.40 28.37 10.13 8.93 7.63 Firms 0.61 0.44 4.73 4.25 2.90 2.90 Individuals 1.56 1.36 3.15 1.80 1.32 0.76 Entities per Year Number of Activities in State and Tribal Administered Areas 2004/ 2005 2005/ 2006 2006/ 2007 Training Providers Accreditations 4 4 4 Re accreditations 34 34 34 Firms Initial certifications 216 216 216 Renewals 982 982 982 Individuals Initial certifications 5,284 5,284 5,284 Renewals 1,761 1,761 1,761 State Program Administration Burden per Year State Burden by Entity Type 2004/ 2005 2005/ 2006 2006/ 2007 Training Providers 814 814 814 Firms 9,233 9,233 9,233 Individuals 38,766 38,766 38,766 Total State Burden Hours 48,813 48,813 48,813 Exhibit 6.5. Training Providers: Notification Burden Estimates Burden Summary Per Year Category Events per Training Provider Reporting Hours/ Event Recordkeeping Hours/ Event Total Hours/ Event 2004/ 2005 2005/ 2006 2006/ 2007 Notification Pre notification 2.16 2.35 2.13 0.15 0.01 0.16 Re notification .19 .21 .19 0.15 0.01 0.16 Post notification 2.16 2.35 2.13 1.54 0.01 1.54 Annual Total 4.51 4.91 4.45 Burden Hours per Training Provider 2004/ 2005 2005/ 2006 2006/ 2007 3.70 4.03 3.65 Training Providers per Year State Administered EPA Administered 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 147 147 147 218 188 226 Total Burden Hours per Year 2004/ 2005 2005/ 2006 2006/ 2007 1,351 1,350 1,361 Exhibit 6.6. Firms: Notification Burden Estimates Category Events per Firm Reporting Hours/ Event Record keeping Hours/ Event Hours per Firm Notification Pre notification 14.09 0.22 0.01 3.23 Re notification 1.27 0.22 0.01 0.29 Annual Total 15.36 0.22 0.01 3.52 Firms per Year State Administered EPA Administered 2004/ 2005 2005/ 2006 2006/ 2007 2004/ 2005 2005/ 2006 2006/ 2007 3,369 3,369 3,369 1,257 1,378 1,490 Total Burden Hours per Year 2004/ 2005 2005/ 2006 2006/ 2007 16,284 16,709 17,104 Exhibit 6.7. States: Notification Burden Estimates Category Notifications per Entity Clerical Hours/ Notification 2004/ 2005 2005/ 2006 2006/ 2007 Notification Firms 15.36 15.36 15.36 0.09 Training Providers 4.51 4.91 4.45 0.11 Entities per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 3,369 3,369 3,369 Training Providers 147 147 147 Notification Burden Hours per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 4,657 4,657 4,657 Training Providers 73 79 72 Total Burden 4,730 4,736 4,729 EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 5 Accreditation Application for Training Programs and Instructions for Training Providers Applying for Accreditation of Lead Based Paint Activity Training Programs EPA Form 8500 25 ( Copies of the application form and its instructions are available at http:// www. epa. gov/ lead/ trainapp. pdf and http:// www. epa. gov/ lead/ traininst. pdf, respectively) EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 6 Application for Firms to Conduct Lead Based Paint Activities and Instructions for Firms Applying for Certification to Conduct Lead Based Paint Activities EPA Form 8500 27 ( Copies of the application form and its instructions are available at http:// www. epa. gov/ lead/ firmapp. pdf and http:// www. epa. gov/ lead/ firminst. pdf, respectively) EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 7 Application for Individuals to Conduct Lead Based Paint Activities and Instructions for Individuals Applying for Certification to Conduct Lead Based Paint Activities EPA Form 8500 28 ( Copies of the application form and its instructions are available at http:// www. epa. gov/ lead/ indapp. pdf and http:// www. epa. gov/ lead/ indinst. pdf, respectively) EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 8 Lead Based Paint Activities Training Notification ( A copy of this form is available at http:// epa. gov/ lead/ form% 202% 20% 20pre training. pdf) EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 9 Lead Based Paint Activities Post Training Notification ( A copy of this form is available at http:// epa. gov/ lead/ form3% 20% 20post training. pdf) EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 10 Notification of Lead Based Paint Abatement Activities ( A copy of this form is available at http:// epa. gov/ lead/ form1% 20% 20abatement. pdf)