work area after the project has been completed, and verifying that the
clean-up was adequate. Costs associated with these work practice
requirements are primarily related to the cost of materials, such as
the plastic used to cover the floors, and the cost of the labor needed
to establish containment before the project, clean the work area
afterwards, and perform the post-renovation cleaning verification step.
    To further improve the analysis for the final rule, the Agency is
also specifically interested in comments and supporting information on
the following questions related to assumptions used in the Agency's
analysis:
     To what extent do renovators/contractors already conduct
any of the individual activities described in the proposed rule, and
under what renovation, repair or painting circumstances are any of
these activities routinely or rarely conducted? Do any contractors
already perform all of the lead safe work practices described in this
proposal?
     To what extent is the whole house or rooms adjacent to the
work area contaminated by typical renovation, repair or painting
activities? Under what circumstances do renovators/contractors clean
the whole house or adjacent rooms during or after renovation, repair or
painting activities?
     Under what circumstances do homeowners or rental
management firms clean the work area or adjacent rooms during or after
renovation, repair or painting activities?
     To what extent do renovators/contractors or homeowners
already use vacuums equipped with HEPA filters to clean-up debris
created during renovation, repair or painting activities?
     Under what circumstances do renovators/contractors use
plastic sheets or other methods to isolate and collect dust and debris,
during or after renovation, repair or painting activities?
     If dust or debris is generated in preparing the surfaces,
to what extent do renovators/contractors or building owners clean-up
the dust or debris before painting?
     To what extent should the analysis reflect any exposures
to owners or occupants (both inhalation and ingestion) during the
renovation, repair or painting event? (The Draft Economic Analysis only
looks at ingestion exposures after the renovation, repair or painting
event is completed and the contractor has left).
     How many days does a typical renovation, repair or
painting event last? How many days during the renovation, repair or
painting event is dust created? How often and how thoroughly is
cleaning performed during or after the renovation, repair or painting
event?
     To what extent should the analysis of adult exposures
consider average dust loading on surfaces as compared to the typically
higher dust loadings resulting from renovation, repair or painting
events?

     How do cleaning efficiencies of different cleaning methods
(sweeping, regular vacuum, HEPA vacuum) vary with the dust loading
level? There is information suggesting that cleaning is more effective
(as a percentage of dust removed) at higher dust loading levels. Thus,
when there are multiple rounds of cleaning, each one picks up a lower
percentage of dust than the one before it. Would the cleaning
efficiency be the same for dust with different lead concentrations? The
Draft Economic Analysis assumes that cleaning effectiveness is
constant, and does not vary with dust loading levels.
     How do lead dust loading levels vary by the age of the
home and by home component type (e.g., indoor trim versus outdoor
trim)?

B. Paperwork Reduction Act

    The information collection requirements contained in this proposed
rule have been submitted for approval to the Office of Management and
Budget (OMB) under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq. An Information Collection Request (ICR) document prepared by EPA,
an amendment to an existing ICR that is approved under OMB control
number 2070-0155 and referred to as the ICR Addendum (EPA ICR No.
1715.07) has been placed in the public docket for this proposed rule
(Ref. 69).
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations codified in Chapter 40 of the CFR, after appearing in the
preamble of the final rule, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    The new information collection activities contained in this
proposed rule are designed to assist the Agency in meeting the core
objectives of TSCA section 402, including ensuring the integrity of
accreditation programs for training providers; providing for the
certification of contractors; and determining whether work practice
standards are being followed. EPA has carefully tailored the proposed
reporting and recordkeeping requirements so they will permit the Agency
to achieve statutory objectives without imposing an undue burden on
those entities that choose to be involved in residential renovations.
    Burden under the PRA means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, disclose
or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Under this proposal, the new information collection requirements
may affect training providers and firms that perform renovation,
repair, or painting for compensation in regulated housing. Although
these entities have the option of choosing to engage in the covered
activities, once an entity chooses to do so, the information collection
activities contained in this rule become mandatory for those entities.
    The ICR document provides a detailed presentation of the estimated
burden and costs for 3 years of the program. The aggregate burden
varies by year due to changes in the number of firms that will seek
certification each year. The burden and cost to training providers and
renovation firms is summarized here.
    There are 100 to 167 training providers that are estimated to incur
burden to become accredited, and to notify EPA (or an authorized State,
Tribe, or Territory) before and after training courses. The average
burden related to accreditation is estimated to be 15 hours during the
year a training provider is first accredited, 7 hours in years that it
is re-accredited (re-accreditation is required every 3 years), and 1
hour during other years. For notifications, the average burden per
training provider is estimated at 35 to 95 hours per year, depending on
the number of training courses provided. Total training provider burden
is estimated to be 6,300 to 12,900 hours per year.
    The estimated number of firms certified to engage in residential
renovation, repair, or painting activities under the rule varies from
115,000 to 218,000, depending on the phase of the rule. The number of
firms that receive initial certification ranges from 72,000 per year to
141,000 per year, depending on the year. The average certification
burden is estimated to be 3.5 hours per firm in the year a firm is
initially certified, and 0.5 hours in years that it is re-certified
(which occurs every 3 years). Firms must also keep records of the work
they perform in regulated housing; this recordkeeping is estimated to
take an average of 5 hours per year. Total burden for renovation,
repair, and painting firms is estimated to be 981,000 to 1,530,000
hours per year, depending on the year.
    Total respondent burden during the period covered by the ICR is
estimated to average 1,260,000 hours per year.
    There are also government costs to administer the program. States,
Tribes, and Territories are allowed, but are under no obligation, to
apply for and receive authorization to administer these proposed
requirements. EPA will directly administer programs for States, Tribes,
and Territories that do not become authorized. Because the number of
States, Tribes, and Territories that will become authorized is not
known, administrative costs are estimated assuming that EPA will
administer the program everywhere. To the extent that other government
entities become authorized, EPA's administrative costs will be lower.
    Direct your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including the use of automated
collection techniques, to EPA using the public docket that has been
established for this proposed rule (Docket ID No. EPA-HQ-OPPT-2005-
0049). In addition, send a copy of your comments about the ICR to OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th St., NW., Washington, DC 20503, Attention: Desk
Office for EPA ICR No. 1715.07. Since OMB is required to complete its
review of the ICR between 30 and 60 days after January 10, 2006, please
submit your ICR comments for OMB consideration to OMB by February 9,
2006.
    The Agency will consider and address comments received on the
information collection requirements contained in this proposal when it
develops the final rule.

C. Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (RFA), 5 U.S.C.
601 et seq., and the Agency's long-standing policy of always
considering whether there may be a potential for adverse impacts on
small entities, the Agency has evaluated the potential small entity
impacts of this proposed rule. The Agency's analysis of potentially
adverse

economic impacts is included in the Draft Economic Analysis for this
proposed rule (Ref. 59). As discussed in Unit VIII.A., the revised
Economic Analysis, to be available in the docket, will provide
additional information about the expected costs and benefits, and
supplement the information now provided in the initial regulatory
flexibility analysis and considered for the final regulatory
flexibility analysis. The following is a brief overview of EPA's
initial regulatory flexibility analysis.
    Small entities include small businesses, small organizations, and
small governmental jurisdictions. For purposes of assessing the impacts
of today's proposed rule on small entities, small entity is defined in
accordance with the RFA as: (1) A small business as defined by the
Small Business Administration's (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
    1. Legal basis and objectives for the proposed rule. As discussed
in Unit III.C., TSCA section 402(c)(2) directs EPA to study the extent
to which persons engaged in renovation, repair, and painting activities
are exposed to lead or create a lead-based paint hazard regularly or
occasionally. After concluding this study, TSCA section 402(c)(3)
further directs EPA to revise its lead-based paint activities
regulations under TSCA section 402(a) to apply to renovation or
remodeling activities that create lead-based paint hazards. Because
EPA's study found that activities commonly performed during renovation
and remodeling create lead-based paint hazards, EPA is proposing to
revise the TSCA section 402(a) regulatory scheme to apply to
individuals and firms engaged in renovation and remodeling activities.
The primary objective of this proposal is to prevent the creation of
new lead-based paint hazards from renovation, repair, and painting
activities in housing where children under age 6 reside.
    2. Potentially affected small entities. The small entities that are
potentially directly regulated by this proposed rule include small
businesses, such as renovation, repair, and painting contractors,
property owners and managers, small non-profits that own target
housing, and small governments that may own certain target housing. The
vast majority of businesses in the industries affected by this rule are
small. Approximately 200,000 small contractors and real estate
establishments per year will be affected per year under the proposed
rule. Information was not available to estimate the number of small
governments and small non-profits, but there are expected to be few, if
any, small governments that incur costs due to the rule.
    3. Potential economic impacts on small entities. EPA used annual
compliance costs as a percentage of annual company revenues to assess
the potential impacts of the rule on small businesses. EPA believes
this is a good measure of a firm's ability to afford the costs
attributable to a regulatory requirement, because comparing compliance
costs to revenues provides a reasonable indication of the magnitude of
the regulatory burden relative to a commonly available measure of a
company's business volume. Where regulatory costs represent a small
fraction of a typical firm's revenues (for example, less than 1%, and
not greater than 3%), EPA believes that the financial impacts of the
regulation on such firms may be considered as not significant. EPA
believes it is appropriate to calculate this measure based on
annualized costs, because these costs are more representative of the
continuing costs firms face to comply with the proposed rule.
    Using studies from the economics literature, the Draft Economic
Analysis (Ref. 59) for this proposed rule estimates that nearly 90% of
the estimated cost will be passed on to consumers in the form of higher
prices. The resulting cost impact ranges from about 0.5% to 1.6% of
revenues, depending on the industry. The costs represent less than 1%
of revenues for small firms when considered together. Because of the
lack of information on small non-profits and governments that might be
affected by the rule, it was not possible to calculate the typical cost
per entity or the impact ratios for them. However, the cost per event
for non-profits and governments is expected to be similar to that
incurred by businesses.
    4. Relevant Federal rules. The proposed requirements in this
rulemaking will fit within an existing framework of other Federal
regulations that address lead-based paint.
    The Pre-Renovation Education Rule, discussed in Unit III.B.2.b.,
requires renovators to distribute a lead hazard information pamphlet to
owners and occupants before conducting a renovation in target housing.
This proposal has been carefully crafted to harmonize with the existing
pre-renovation education requirements.
    As discussed in Unit IV.D.2.c., disposal of waste from renovation
projects that would be regulated by this proposal is covered by the
Resource Conservation and Recovery Act (RCRA) regulations for solid
waste. This proposal does not contain specific requirements for the
disposal of waste from renovations.
    As described in Unit III.B.3., HUD has extensive regulations that
address the conduct of interim controls, as well as other lead-based
paint activities, in Federally assisted housing. Some of HUD's interim
controls would be regulated under this proposal as renovations,
depending upon whether the particular interim control measure disturbs
more than the threshold amount of paint. In most cases, the HUD
regulations are comparable to, or more stringent than this proposal. In
general, persons performing HUD-regulated interim controls must have
taken a course in lead-safe work practices, which is also a requirement
of this proposal. However, this proposal would not require dust
clearance testing, a process required by HUD after interim control
activities that disturb more than a minimal amount of lead-based paint.
    Finally, OSHA's Lead Exposure in Construction standard covers
potential worker exposures to lead during many construction activities,
including renovation, repair, and painting activities. Although this
standard, described in Unit III.B.3., may cover many of the same
projects as this proposal, the requirements themselves do not overlap.
The OSHA rule addresses the protection of the worker, this EPA proposal
addresses the protection of the building occupants, particularly
children under age 6.
    5. Skills needed for compliance. This proposal would establish
requirements for training renovators and dust sampling technicians;
certifying renovators, dust sampling technicians, and renovation firms;
accrediting providers of renovation and dust sampling technician
training; and for renovation work practices. Renovators and dust
sampling technicians would have to take a course to learn the proper
techniques for accomplishing the tasks they will perform during
renovations. These courses are intended to provide them with the
information they would need to comply with the rule based on the skills
they already have. Firms would be required to apply for certification
to perform renovations; this process does not require any special
skills other than the ability to complete the application. They would
also need

to document the work they have performed during renovations. This does
not require any special skills. Training providers must be
knowledgeable about delivering technical training. Training providers
would be required to apply for accreditation to offer renovator and
dust sampling technician courses. They would also be required to
provide prior notification of such courses and provide information on
the students trained after each such course. Completing the
accreditation application and providing the required notification
information does not require any special skills.
    6. Small Business Advocacy Review Panel. EPA conducted outreach to
small entities and convened a Small Business Advocacy Review Panel to
obtain advice and recommendations of representatives of the small
entities that potentially would be subject to the rule's requirements.
The Panel was convened by EPA's Small Business Advocacy Chairperson on
November 23, 1999. In addition to the chairperson, the Panel consisted
of the Director of the Office of Pollution Prevention and Toxics, the
Administrator of the Office of Information and Regulatory Affairs
within the Office of Management and Budget, and the Chief Counsel for
Advocacy of the Small Business Administration.
    After considering the existing lead-based paint activities
regulations, and taking into account preliminary stakeholder feedback,
EPA identified eight key elements of a potential renovation and
remodeling regulation for the Panel's consideration. These elements
were:
     Applicability and scope.
     Firm certification.
     Individual training and certification.
     Accreditation of training courses.
     Work practice standards.
     Prohibited practices.
     Exterior clearance.
     Interior clearance.
    EPA also developed several options for each of these key elements.
At the onset of pre-panel discussions with SBA and OMB, EPA held three
conference calls with potentially impacted Small Entity Representatives
(SERs) to obtain feedback on these options and other alternatives for a
renovation and remodeling regulation. The Panel held an outreach
meeting with Small Entity Representatives (SERs) on December 3, 1999.
Eleven SERs, representing a broad range of small entities from diverse
geographic locations, and four association representatives participated
in the meeting. The Panel solicited comments from the SERs on the
options presented by EPA, as well as EPA's cost estimates for these
options. Several SERs submitted written comments to EPA following this
meeting. The Panel evaluated the assembled materials and small-entity
comments, and prepared a report for the Agency's consideration. A copy
of the Panel report is included in the docket for this proposed rule
(Ref. 33).
    As a result of its deliberations, the Panel made a number of
recommendations. The options presented by EPA, the Panel's
recommendations, and EPA's responses to the recommendations, are
summarized here.
    a. Applicability and scope. EPA presented four options: All pre-
1978 housing, all pre-1978 rental housing, all pre-1960 housing, and
all pre-1960 rental housing. The Panel recommended that EPA request
public comment in the proposal on the option of limiting the housing
stock affected by the rule to that constructed prior to 1960, as well
as the option of covering all pre-1978 housing and other options that
may help to reduce costs while achieving the protection of public
health. In the discussion of the scope and applicability in Unit IV.B.,
EPA identified the pre-1960 option, as well as the option of covering
all pre-1978 housing, and asked for public comment on these and other
options that would limit the costs of the rule to the regulated
community while providing protection to children from lead-based paint
hazards created by renovation projects.
    EPA also presented 2 potential exemptions, a de minimis exemption
for projects that disturb 2 square feet or less of painted surfaces,
and an exemption for emergency projects. The Panel recommended that EPA
include both of these exemptions in its proposal. EPA is proposing to
extend the existing exemption for small projects available under the
Pre-Renovation Education Rule to the training, certification, and work
practice requirements of this proposal. However, rather than just
exempting emergency renovations from the requirements of this proposal,
EPA is adding a statement to the description of the exemption to
indicate that the training, certification, and work practice standards
apply to the extent practicable. As discussed in Unit IV.B., emergency
renovations can generally be conducted in accordance with most of these
proposed requirements, but some flexibility is necessary.
    b. Firm certification. EPA presented three options: Certification
for all renovation firms, certification only for firms that perform
large-scale surface preparation activities or demolitions, and no firm
certification. The Panel believed that firm certification would help
consumers identify qualified renovation firms, so the Panel recommended
that firm certification be included in any proposal. The Panel also
recommended that EPA attempt to balance the goals and objectives of the
statute, with the burden associated with such regulatory requirements,
in order to avoid placing compliant firms at an undue competitive
disadvantage. EPA is proposing to require that firms who perform
renovations, as that term would be defined, be certified. EPA believes
that the proposed firm certification process is as minimally burdensome
for firms as possible, while achieving the objectives of the mandate.
    c. Individual training and certification. EPA presented four
options to the Panel. The first option was to require training and
certification for all individuals who perform covered renovations. The
second option was to require training and certification only for the
supervisor. The third option was to require training for all
individuals who perform covered renovations, but no certification. The
final option was to require neither training nor certification for
individuals. The Panel realized that worker training increases the
likelihood that proper lead-safe work practices will be used, but
recognized that the rate of worker turnover in the industry would lead
to high training and certification costs for firms. As a less-
burdensome alternative, the Panel recommended that EPA propose formal
training for supervisors, or some other clearly-defined responsible
person, and informal training for all others. This recommendation has
been adopted by EPA in the proposed rule.
    d. Accreditation of training courses. EPA presented two options on
this topic to the Panel: Accreditation required, or accreditation not
required. Although concerned about burdens for training providers, the
Panel understood that accreditation provides a mechanism for ensuring
quality control of training programs, establishing a minimum level of
essential training, and facilitating reciprocity between States. The
Panel recommended that EPA propose to require accreditation of
training, which is what EPA is doing in this proposal.
    e. Work practice standards. EPA presented three 3 general options
to the Panel for work practice standards: prescriptive containment and
clean-up requirements, performance-based containment and clean-up
requirements, or no work practice requirements. The Panel recognized
that prescriptive approaches to work practice standards

may clearly identify ways to minimize lead-based paint hazards, but
felt that prescriptive practices may not be practical or effective in
all situations. Because a performance-based approach could provide
firms with the flexibility to manage risks in the most cost-effective
manner, the Panel recommended that EPA include performance-based
standards in the proposal. In response to this recommendation, EPA is
proposing an approach that includes required elements, such as warning
signs, containment barriers, and specialized cleaning, but allows
flexibility for the certified renovator to tailor these requirements to
the specific job at hand.
    f. Prohibited practices. The current abatement regulations in 40
CFR part 745, subpart L prohibit the following work practices during
abatement projects: Open-flame burning or torching, machine sanding or
grinding, abrasive blasting or sandblasting, dry scraping of large
areas, and operating a heat gun in excess of 1100 degrees Fahrenheit.
EPA presented four options to the Panel on this topic: Prohibit these
practices during renovations, allow dry scraping and exterior flame-
burning or torching, allow dry scraping, and interior and exterior
flame-burning or torching, or allow all of these practices. The Panel
recognized industry concerns over the feasibility of prohibiting these
practices, especially when no cost-effective alternatives exist. The
Panel was also concerned about the potential risks associated with
these practices, but noted that reasonable training, performance,
containment, and clean-up requirements may adequately address these
risks. In Unit IV.D., EPA has followed the Panel's recommendation and
requested public comment on the cost, benefit, and feasibility of
prohibiting certain work practices, but EPA is not proposing to
prohibit any work practices. EPA has determined that the training,
containment, and clean-up requirements of this proposal are sufficient
to address any risks associated with the work practices prohibited by
the abatement regulations.
    g. Exterior clearance. EPA presented three options to the Panel for
determining when an exterior renovation project area had been properly
cleaned-up and the area made ready for re-occupancy. This determination
is typically called ``clearance.'' EPA's three options were visual
inspection only, soil sampling, or no clearance process at all.
Consistent with other Federal lead-based paint regulations, including
the abatement regulations at 40 CFR part 745, subpart L, the Panel
recommended that EPA propose to require a visual inspection for
clearance after exterior renovations. This is the option EPA has
proposed in this rulemaking.
    h. Interior clearance. Interior clearance was a particularly
difficult issue for the Panel. Interior clearance after lead-based
paint abatement projects involves an independent third-party collecting
dust wipe samples, sending them to an EPA-recognized laboratory for
analysis, and comparing the results to the standards established in 40
CFR 745.227(e)(8). This is expensive and time-consuming. EPA presented
4 options to the Panel for interior clearance: dust testing after all
projects, dust testing only after large-scale surface preparation,
demolition, or any of the practices prohibited by the abatement
regulations, visual clearance only, and no clearance at all. After
reviewing the studies available at the time, the Panel could not
conclude that a thorough professional clean-up or a visual inspection
would be an adequate substitute for dust wipe testing. The SBA
introduced a new option to the Panel, consisting of a specific cleanup
methodology followed by a visual clearance requirement, as an
alternative to dust clearance testing. The Panel recommended that EPA
include this new option in the proposal and take comment on the merits
of all the interior clearance options in the proposal. The Panel also
recommended that EPA take comment on options for clearance that are
less costly and less burdensome and yet still demonstrate the absence
of lead hazards. As discussed in Unit IV.E., EPA followed the Panel
report with research into alternatives to laboratory dust clearance and
is proposing an option based on this research. EPA is also requesting
comment on other methods of ensuring that leaded dust and debris
created during renovations have been cleaned up properly.
    The Panel also recommended that the EPA do additional analysis of
the existing data from Phase III of the renovation and remodeling study
conducted under TSCA section 402(c)(2), discussed in Unit III.C.1.c.
This phase of the study consisted of telephone interviews about
renovation and remodeling activities with the parents or guardians of
Wisconsin children for whom blood-lead data was available. The results
of this additional analysis, which focused on the relationship between
who performs renovation and remodeling activities and the odds of an
elevated blood-lead level occurring in a resident child, are discussed
in Unit III.C.1.c. and have been placed in the docket (Ref. 34).
    Finally, the Panel recommended that EPA continue to refine the
impact analysis of the proposal, utilizing comments from affected
industry and other parties related to costs and other issues. As
always, EPA continues to refine its impact analysis, and is again
requesting comment on EPA's updated assessment of the costs and
benefits of this proposed rule.
    EPA invites comments on all aspects of the proposal and its impacts
on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Under Title II of the Unfunded Mandates Reform Act (UMRA) (Public
Law 104-4), EPA has determined that this proposed rule contains a
Federal mandate that may result in expenditures of $100 million or more
by the private sector in any 1 year, but it will not result in such
expenditures by State, local, and Tribal governments in the aggregate.
Accordingly, EPA has prepared a written statement under section 202 of
the UMRA which has been placed in the public docket for this proposed
rule and is summarized here.
    1. Authorizing legislation. This proposal is issued under the
authority of TSCA sections 402(c)(3) and 404.
    2. Cost-benefit analysis. EPA has prepared an analysis of the costs
and benefits associated with this proposed action (Ref. 59), a copy of
which is available in the public docket for this rulemaking. The Draft
Economic Analysis presents the costs of the proposal as well as various
regulatory options and is summarized in Unit VIII.A.
    3. State, local, and Tribal government input. EPA has sought input
from State, local and Tribal government representatives throughout the
development of this proposal. EPA's experience in administering the
existing lead-based paint activities program under TSCA section 402(a)
suggests that these governments will play a critical role in the
successful implementation of a national program to reduce exposures to
lead-based paint hazards associated with renovation, repair, and
painting activities. Consequently, as discussed in Unit III.C.2., the
Agency has met with State, local, and Tribal government officials on
numerous occasions to discuss renovation issues.
    4. Least burdensome option. As discussed in the Draft Economic
Analysis prepared for this regulation, as well as in the information
presented on the Panel review process in Unit VIII.C.6., EPA considered
a wide variety of options for addressing the risks presented by
renovation activities in

residences where lead-based paint is present. Options considered
include covering only homes built before 1960, various combinations of
training and certification requirements for individuals who perform
renovations in covered housing, various combinations of work practice
requirements, and various methods for ensuring that no lead-based paint
hazards are left behind by persons performing renovations. EPA has
determined that the proposed option is the least burdensome option
available that achieves the objective of this proposed rule, which is
to prevent the creation of new lead-based paint hazards from
renovation, repair, and painting activities in housing where children
under age 6 reside.
    This proposed rule does not contain a significant Federal
intergovernmental mandate as described by section 203 of UMRA. EPA has
also determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. Based on the
definition of ``small government jurisdiction'' in RFA section 601, no
State governments can be considered small. Small Territorial or Tribal
governments could apply for authorization to administer and enforce
this program, which would entail costs, but these small jurisdictions
are under no obligation to do so.

E. Federalism

    Pursuant to Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), EPA has determined that this proposed rule
does not have ``federalism implications,`` because it will not have
substantial direct effects 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, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this proposed rule.
    As discussed in Unit IV.F., States would be able to apply for, and
receive authorization to administer these proposed requirements, but
would be under no obligation to do so. In the absence of a State
authorization, EPA will administer these requirements. In addition,
although the provisions of this proposal would apply to renovations in
target housing owned by State and local governments, many of these
housing authorities receive federal subsidies for public housing.
    Nevertheless, in the spirit of the objectives of this Executive
Order, and consistent with EPA policy to promote communications between
the Agency and State and local governments, EPA has consulted with
representatives of State and local governments in developing this rule.
EPA hosted three renovation-specific meetings or conference calls with
State and local government officials. Summaries of these meetings have
been placed in the public docket for this action (Refs. 41, 42, and
43).
    EPA specifically solicits additional comment on this proposed rule
from State and local officials.

F. Tribal Implications

    As required by Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 6,
2000), EPA has determined that this proposed rule does not have tribal
implications because it will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified in the Order. As discussed in Unit IV.F., Tribes would be
able to apply for, and receive authorization to administer these
proposed requirements on Tribal lands, but Tribes would be under no
obligation to do so. In the absence of a Tribal authorization, EPA will
administer these requirements. Thus, Executive Order 13175 does not
apply to this rule. Although Executive Order 13175 does not apply to
this rule, EPA consulted with Tribal officials and others by discussing
potential renovation regulatory options at several national lead
program meetings hosted by EPA and other interested Federal agencies.
    EPA specifically solicits additional comment on this proposed rule
from Tribal officials.

G. Children's Health Protection.

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) applies to this proposed rule because it has been designated an
``economically significant regulatory action'' as defined by Executive
Order 12866, and the environmental health or safety risk addressed by
this action have a disproportionate effect on children. Accordingly,
EPA has evaluated the environmental health or safety effects of
renovation, repair, and painting projects on children. Various aspects
of this evaluation are discussed in Units III.C., IV.A., VIII.A., and
VIII.C. Copies of the renovation and remodeling studies (Refs. 30, 31,
32, 37, and 38), the Draft Economic Analysis for this proposal (Ref.
59), the proposed and final TSCA section 403 hazard standards (Refs. 24
and 64), and the risk assessments supporting the hazard standards
(Refs. 70 and 71) have been placed in the public docket for this
action.
    One purpose of this proposed regulation is to prevent the creation
of new lead-based paint hazards from renovation activities in housing
where children under age 6 reside. EPA's analysis indicates that
renovation, repair, and painting projects in housing that is likely to
contain lead-based paint will affect over 1.1 million children under
age 6 annually. In the absence of this regulation, lead-safe work
practices are not likely to be employed to perform the renovation
projects. These children are projected to receive considerable benefits
due to this regulation.

H. Energy Effects

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, entitled Actions concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) because it is not likely to have any adverse effect on
the supply, distribution, or use of energy.

I. Technology Standards

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    EPA is proposing to adopt a number of work practice requirements
that could be considered technical standards for performing renovation
projects in residences that contain lead-based paint. EPA has
identified 2 voluntary consensus documents that address aspects of the
proper performance of renovation projects where lead-based paint is
present. ASTM International (formerly the American Society for Testing
and Materials) has developed 2 potentially-applicable documents:
``Standard Practice for Clearance Examinations Following Lead Hazard
Reduction Activities in Single-Family

Dwellings and Child-Occupied Facilities'' (Ref. 72), and ``Standard
Guide for Evaluation, Management, and Control of Lead Hazards in
Facilities'' (Ref. 73). With respect to the first document, EPA is not
proposing to require traditional clearance examinations, including dust
sampling, following renovation projects. However, as discussed in Unit
IV.E., EPA is proposing to require that a visual inspection for dust,
debris, and residue be conducted after cleaning and before post-
renovation cleaning verification is performed. The first ASTM document
does contain information on conducting a visual inspection before
collecting dust clearance samples. The second ASTM document is a
comprehensive guide to identifying and controlling lead-based paint
hazards. Some of the information in this document is relevant to the
work practices that EPA is proposing to require. Each of these ASTM
documents represents state-of-the-art knowledge regarding the
performance of these particular aspects of lead-based paint hazard
evaluation and control practices and EPA recommends the use of these
documents where appropriate. However, because each of these documents
is extremely detailed and encompasses many circumstances beyond the
scope of this rulemaking, EPA does not believe that it is practical to
incorporate these voluntary consensus standards into this proposal.
    In addition, EPA is proposing to recognize test kits that may be
used by certified renovators to determine whether components to be
affected by a renovation contain lead-based paint. EPA will recognize
those kits that meet certain performance standards for limited false
positives and negatives. EPA also intends recognize only those kits
that have been properly validated by a laboratory independent of the
kit manufacturer. Although EPA is not establishing a particular method
that must be used for validating kits, for chemical spot test kits, EPA
plans to look to the ASTM document entitled Standard Practice for
Evaluating the Performance Characteristics of Qualitative Chemical Spot
Test Kits for Lead in Paint (Ref. 50) to determine whether a particular
kit's validation is adequate.
    EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.

J. Environmental Justice

    Under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the Agency has assessed
the potential impact of this proposal on minority and low-income
populations. The results of this assessment are presented in the Draft
Economic Analysis for this proposal, which is available in the public
docket for this rulemaking (Ref. 59). The rule will not have
disproportionately high and adverse human health or environmental
effects on minority populations and low-income populations.

List of Subjects in 40 CFR Part 745

    Environmental protection, Housing renovation, Lead, Lead-based
paint, Reporting and recordkeeping requirements.

    Dated: December 29, 2005.
Stephen L. Johnson,
Administrator.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 745--[AMENDED]

    1. The authority citation for part 745 continues to read as
follows:

    Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

    2. Section 745.80 is revised to read as follows:

Sec.  745.80  Purpose.

    This subpart contains regulations developed under sections 402 and
406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and
applies to all renovations of target housing performed for
compensation. The purpose of this subpart is to ensure the following:
    (a) Owners and occupants of target housing receive information on
lead-based paint hazards before these renovations begin; and
    (b) Persons performing renovations regulated in accordance with
Sec.  745.82 are properly trained; renovators, dust sampling
technicians, and firms performing these renovations are certified; and
lead-safe work practices are followed during these renovations.
    3. Section 745.81 is revised to read as follows:

Sec.  745.81   Effective dates.

    (a) Training, certification and accreditation requirements and work
practice standards. The training, certification and accreditation
requirements and work practice standards in this subpart are applicable
as of [insert date 1 year after date of publication of the final rule
in the Federal Register] in any State or Indian Tribal area that does
not have a renovation program that is authorized under subpart Q of
this part. The training, certification and accreditation requirements
and work practice standards in this subpart will become effective as
follows:
    (1) Training programs. Effective [insert date 60 days after date of
publication of the final rule in the Federal Register], no training
program may provide, offer, or claim to provide training or refresher
training for EPA certification as a renovator or a dust sampling
technician without accreditation from EPA under Sec.  745.225. Training
programs may apply for accreditation under Sec.  745.225 beginning
[insert date 1 year after date of publication of the final rule in the
Federal Register].
    (2) Firms. Firms may apply for certification under Sec.  745.89
beginning [insert date 18 months after date of publication of the final
rule in the Federal Register].
    (i) No firm may perform, offer, or claim to perform renovations, as
defined in this subpart, without certification from EPA under Sec.
745.89 on or after [insert date 2 years after date of publication of
the final rule in the Federal Register]:
    (A) In any target housing where the firm obtains information
indicating that a child under age 6 with a blood lead level greater
than or equal to 10 [mu]g/dL or the applicable State or local
government level of concern, if lower, resides there, or in any target
housing where the firm has not provided the owners and occupants with
the opportunity to inform the firm that a child under age 6 with such a
blood lead level resides there; or
    (B) In target housing constructed before 1960, unless, in the case
of owner-occupied target housing, the firm has obtained a statement
signed by the owner that the renovation will occur in the owner's
residence and no child under age 6 resides there.
    (ii) No firm may perform, offer, or claim to perform renovations,
as defined in this subpart, without certification from EPA under Sec.
745.89 on or after [insert date 3 years after date of publication of
the final rule in the Federal Register] in any target housing, unless,
in the case of owner-occupied target housing, the firm has obtained a
statement signed by the owner that the renovation will occur in the
owner's residence and no child under age 6 resides there.

    (3) Individuals. (i) All renovations, as defined in this subpart,
must be directed by renovators certified in accordance with Sec.
745.90(a) and performed by certified renovators or individuals trained
in accordance with Sec.  745.90(b)(2) on or after [insert date 2 years
after date of publication of the final rule in the Federal Register]:
    (A) In any target housing where the firm performing the renovation
obtains information indicating that a child under age 6 with a blood
lead level greater than or equal to 10 [mu]g/dL or the applicable State
or local government level of concern, if lower, resides there, or in
any target housing where the firm has not provided the owners and
occupants with the opportunity to inform the firm that a child under
age 6 with such a blood lead level resides there; or
    (B) In target housing constructed before 1960, unless, in the case
of owner-occupied target housing, the firm performing the renovation
has obtained a statement signed by the owner that the renovation will
occur in the owner's residence and no child under age 6 resides there.
    (ii) All renovations, as defined in this subpart, must be directed
by renovators certified in accordance with Sec.  745.90(a) and
performed by certified renovators or individuals trained in accordance
with Sec.  745.90(b)(2) on or after [insert date 3 years after date of
publication of the final rule in the Federal Register] in any target
housing, unless, in the case of owner-occupied target housing, the firm
performing the renovation has obtained a statement signed by the owner
that the renovation will occur in the owner's residence and no child
under age 6 resides there.
    (4) Work practices. (i) All renovations, as defined in Sec.
745.83, must be performed in accordance with the work practice
standards in Sec.  745.85 and the associated recordkeeping requirements
in Sec.  745.86(b)(6) and (b)(7) on or after [insert date 2 years after
date of publication of the final rule in the Federal Register]:
    (A) In any target housing where the firm performing the renovation
obtains information indicating that a child under age 6 with a blood
lead level greater than or equal to 10 [mu]g/dL or the applicable State
or local government level of concern, if lower, resides there, or in
any target housing where the firm has not provided the owners and
occupants with the opportunity to inform the firm that a child under
age 6 with such a blood lead level resides there; or
    (B) In target housing constructed before 1960, unless, in the case
of owner-occupied target housing, the firm performing the renovation
has obtained a statement signed by the owner that the renovation will
occur in the owner's residence and no child under age 6 resides there.
    (ii) All renovations, as defined in this subpart, must be performed
in accordance with the work practice standards in Sec.  745.85 and the
associated recordkeeping requirements in Sec.  745.86(b)(6) and (b)(7)
on or after [insert date 3 years after date of publication of the final
rule in the Federal Register] in any target housing, unless, in the
case of owner-occupied target housing, the firm performing the
renovation has obtained a statement signed by the owner that the
renovation will occur in the owner's residence and no child under age 6
resides there.
    (5) The suspension and revocation provisions in Sec.  745.91 are
effective [insert date 2 years after date of publication of the final
rule in the Federal Register].
    (b) Renovation-specific pamphlet. Before [insert date 8 months
after date of publication of the final rule in the Federal Register],
renovators or firms performing renovations in States and Indian Tribal
areas without an authorized program may provide owners and occupants
with either of the following EPA pamphlets: Protect Your Family From
Lead in Your Home or Protect Your Family from Lead During Renovation,
Repair & Painting. After that date, Protect Your Family from Lead
During Renovation, Repair & Painting must be used exclusively.
    (c) Pre-Renovation Education Rule. With the exception of the
requirement to use the pamphlet titled Protect Your Family from Lead
During Renovation, Repair & Painting, the provisions of the Pre-
Renovation Education Rule in this subpart have been in effect since
June 1999.
    4. Section 745.82 is revised to read as follows:

Sec.  745.82  Applicability.

    (a) This subpart applies to all renovations of target housing
performed for compensation, except for the following:
    (1) Minor repair and maintenance activities (including minor
electrical work and plumbing) that disrupt 2 square feet or less of
painted surface per component.
    (2) Renovations in target housing in which a written determination
has been made by an inspector (certified pursuant to either Federal
regulations at Sec.  745.226 or a State or Tribal certification program
authorized pursuant to Sec.  745.324) that the components affected by
the renovation are free of paint or other surface coatings that contain
lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/
cm2) or 0.5% by weight, where the firm performing the
renovation has obtained a copy of the determination.
    (3) Renovations in target housing in which a certified renovator,
using an acceptable test kit and following the kit manufacturer's
instructions, has determined that the components affected by the
renovation are free of paint or other surface coatings that contain
lead equal to or in excess of 1.0 mg/cm2 or 0.5% by weight.
    (b) The information distribution requirements in Sec.  745.84 do
not apply to emergency renovation operations, which are renovation
activities that were not planned but result from a sudden, unexpected
event (such as non-routine failures of equipment) that, if not
immediately attended to, presents a safety or public health hazard, or
threatens equipment and/or property with significant damage. Interim
controls performed in response to an elevated blood lead level in a
resident child are also emergency renovation operations. The work
practice, training, and certification requirements in Sec. Sec.
745.85, 745.89, 745.90 and the recordkeeping requirements in Sec.
745.86(b)(6) and (b)(7) apply to emergency renovation operations to the
extent practicable.
    (c) The work practice standards for renovation activities in Sec.
745.85 apply to all renovations covered by this subpart, except for
renovations in target housing for which the firm performing the
renovation has obtained a statement signed by the owner that the
renovation will occur in the owner's residence and no child under age 6
resides there. For the purposes of this section, a child resides in the
primary residence of his or her custodial parents, legal guardians, and
foster parents. A child also resides in the primary residence of an
informal caretaker if the child lives and sleeps most of the time at
the caretaker's residence.
    5. Section 745.83 is amended as follows:
    a. Remove the definition of ``Emergency renovation operations.''
    b. Revise the definition of ``Pamphlet'' and the definition of
``Renovator.''
    c. Add 11 definitions in alphabetic order.

Sec.  745.83  Definitions.

* * * * *
    Acceptable test kit means a commercially available kit recognized
by EPA pursuant to section 405 of TSCA as being capable of allowing a
user to

accurately determine the presence of lead at levels equal to or in
excess of 1.0 milligrams per square centimeter, or more than 0.5% lead
by weight, in a paint chip, paint powder, or painted surface.
* * * * *
    Cleaning verification card means a card developed and distributed,
or otherwise approved, by EPA for the purpose of determining, through
comparison of disposable cleaning cloths with the card, whether post-
renovation cleaning has been properly completed.
    Component or building component means specific design or structural
elements or fixtures of a building or residential dwelling that are
distinguished from each other by form, function, and location. These
include, but are not limited to, interior components such as: Ceilings,
crown molding, walls, chair rails, doors, door trim, floors,
fireplaces, radiators and other heating units, shelves, shelf supports,
stair treads, stair risers, stair stringers, newel posts, railing caps,
balustrades, windows and trim (including sashes, window heads, jambs,
sills or stools and troughs), built in cabinets, columns, beams,
bathroom vanities, counter tops, and air conditioners; and exterior
components such as: Painted roofing, chimneys, flashing, gutters and
downspouts, ceilings, soffits, fascias, rake boards, cornerboards,
bulkheads, doors and door trim, fences, floors, joists, lattice work,
railings and railing caps, siding, handrails, stair risers and treads,
stair stringers, columns, balustrades, window sills or stools and
troughs, casings, sashes and wells, and air conditioners.
    Dry disposable cleaning cloth means a commercially available dry,
electrostatically charged, white disposable cloth designed to be used
for cleaning hard surfaces such as uncarpeted floors or counter tops.
* * * * *
    Firm means a company, partnership, corporation, sole proprietorship
or individual doing business, association, or other business entity; a
Federal, State, Tribal, or local government agency; or a nonprofit
organization.
    HEPA-equipped vacuum means a vacuum equipped with a high efficiency
particulate air filter.
    Interim controls means a set of measures designed to temporarily
reduce human exposure or likely exposure to lead-based paint hazards,
including specialized cleaning, repairs, maintenance, painting,
temporary containment, ongoing monitoring of lead-based paint hazards
or potential hazards, and the establishment and operation of management
and resident education programs.
* * * * *
    Pamphlet means the EPA pamphlet titled Protect Your Family from
Lead During Renovation, Repair & Painting developed under section
406(a) of TSCA for use in complying with section 406(b) of TSCA, or any
State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326
that is developed for the same purpose. This includes reproductions of
the pamphlet when copied in full and without revision or deletion of
material from the pamphlet (except for the addition or revision of
State or local sources of information). Before [insert date 8 months
after date of publication of the final rule in the Federal Register],
the term ``pamphlet'' also means any pamphlet developed by EPA under
section 406(a) of TSCA or any State or Tribal pamphlet approved by EPA
pursuant to Sec.  745.326.
* * * * *
    Renovator means a person who either performs or directs uncertified
workers who perform renovations. A certified renovator is a renovator
who has successfully completed a renovator course accredited by EPA or
an EPA-authorized State or Tribal program.
    Training hour means at least 50 minutes of actual learning,
including, but not limited to, time devoted to lecture, learning
activities, small group activities, demonstrations, evaluations, and
hands-on experience.
    Wet disposable cleaning cloth means a commercially available, pre-
moistened white disposable cloth designed to be used for cleaning hard
surfaces such as uncarpeted floors or counter tops.
    Wet mopping system means a device with the following
characteristics: A long handle, a mop head designed to be used with
disposable absorbent cleaning pads, a reservoir for cleaning solution,
and a built-in mechanism for distributing or spraying the cleaning
solution onto a floor.
    Work area means the area that the certified renovator establishes
to contain all of the dust and debris generated by a renovation, based
on the certified renovator's evaluation of the extent and nature of the
activity and the specific work practices that will be used.

Sec.  745.84 [Removed]

    6. Section 745.84 is removed.

Sec.  745.85 [Redesignated]

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

Sec.  745.84  Information distribution requirements.

    (a) Renovations in dwelling units. No more than 60 days before
beginning renovation activities in any residential dwelling unit of
target housing, the firm performing the renovation must:
    (1) * * *
    (2) * * *
    (i) Obtain, from the adult occupant, a written acknowledgment that
the occupant has received the pamphlet; or certify in writing that a
pamphlet has been delivered to the dwelling and that the firm
performing the renovation has been unsuccessful in obtaining a written
acknowledgment from an adult occupant. Such certification must include
the address of the unit undergoing renovation, the date and method of
delivery of the pamphlet, names of the persons delivering the pamphlet,
reason for lack of acknowledgment (e.g., occupant refuses to sign, no
adult occupant available), the signature of a representative of the
firm performing the renovation, and the date of signature.
* * * * *
    (b) Renovations in common areas. No more than 60 days before
beginning renovation activities in common areas of multi-unit target
housing, the firm performing the renovation must:
    (1) * * *
    (2) Notify in writing, or ensure written notification of, each
affected unit and make the pamphlet available upon request prior to the
start of renovation. Such notification shall be accomplished by
distributing written notice to each affected unit. The notice shall
describe the general nature and locations of the planned renovation
activities; the expected starting and ending dates; and a statement of
how the occupant can obtain the pamphlet, at no charge, from the firm
performing the renovation.
    (3) * * *
    (4) If the scope, locations, or expected starting and ending dates
of the planned renovation activities change after the initial
notification, the firm performing the renovation must provide further
written notification to the owners and occupants providing revised
information on the ongoing or planned activities. This subsequent
notification must be provided before the firm performing the renovation
initiates work

beyond that which was described in the original notice.
    (c) Written acknowledgment. The written acknowledgments required by
paragraphs (a)(1)(i), (a)(2)(i), and (b)(1)(i) of this section must:
* * * * *
    9. Section 745.85 is added to subpart E to read as follows:

Sec.  745.85   Work practice standards.

    (a) Standards for renovation activities. Renovations must be
performed by certified firms using certified renovators as directed in
Sec.  745.89.
    (1) Occupant protection. Firms must post signs clearly defining the
work area and warning occupants and other persons not involved in
renovation activities to remain outside of the work area. These signs
must be posted before beginning the renovation and must remain in place
and readable until the renovation and the post-renovation cleaning
verification have been completed. If warning signs have been posted in
accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional
signs are not required by this section.
    (2) Containing the work area. Before beginning the renovation, the
firm must isolate the work area so that no visible dust or debris
leaves the work area while the renovation is being performed.
    (i) Interior renovations. The firm must:
    (A) Remove all objects from the work area, including furniture,
rugs, and window coverings, or cover them with plastic sheeting or
other impermeable material with all seams and edges taped or otherwise
sealed.
    (B) Close and cover all ducts opening in the work area with taped-
down plastic sheeting or other impermeable material.
    (C) Close windows and doors in the work area. Doors must be covered
with plastic sheeting or other impermeable material. Doors used as an
entrance to the work area must be covered with plastic sheeting or
other impermeable material in a manner that allows workers to pass
through while confining dust and debris to the work area.
    (D) Cover the floor surface of the work area with plastic sheeting
or other impermeable material with all seams taped and all edges
secured at the perimeter of the work area
    (E) Ensure that all personnel, tools, and other items including
waste are free of dust and debris when leaving the work area.
Alternatively, the paths used to reach the exterior of the home must be
covered with plastic sheeting or other impermeable material to prevent
the spread of lead contaminated dust and debris outside the work area.
    (ii) Exterior renovations. The firm must:
    (A) Close all doors and windows within 20 feet of the renovation.
On multi-story buildings, close all doors and windows within 20 feet of
the renovation on the same floor as the renovation, and close all doors
and windows on all floors below that are the same horizontal distance
from the renovation.
    (B) Ensure that doors within the work area that must be used while
the job is being performed are covered with plastic sheeting or other
impermeable material in a manner that allows workers to pass through
while confining dust and debris to the work area.
    (C) Cover the ground with plastic sheeting or other disposable
impermeable material extending out from the edge of the structure a
sufficient distance to collect falling paint debris.
    (3) Waste from renovations. (i) Waste from renovation activities
must be contained to prevent releases of dust and debris before the
waste is removed from the work area for storage or disposal. If a chute
is used to remove waste from the work area, it must be covered.
    (ii) At the conclusion of each work day and at the conclusion of
the renovation, waste that has been collected from renovation
activities must be stored under containment, in an enclosure, or behind
a barrier that prevents release of dust and debris out of the work area
and prevents access to dust and debris.
    (iii) When the firm transports waste from renovation activities,
the firm must contain the waste to prevent identifiable releases of
dust and debris.
    (4) Cleaning the work area. After the renovation has been
completed, the firm must clean the work area until no visible dust,
debris or residue remains.
    (i) Interior and exterior renovations. The firm must:
    (A) Pick up all paint chips and debris.
    (B) Remove the protective sheeting. Mist the sheeting before
folding it, fold the dirty side inward, and either tape shut to seal or
seal in heavy-duty bags. Sheeting used to isolate contaminated rooms
from non-contaminated rooms must remain in place until after the
cleaning and removal of other sheeting. Dispose of the sheeting as
waste.
    (ii) Additional cleaning for interior renovations. The firm must
clean all objects and surfaces in and around the work area in the
following manner, cleaning from higher to lower:
    (A) Walls. Clean walls starting at the ceiling and working down to
the floor by either vacuuming with a HEPA-equipped vacuum or wiping
with a damp cloth.
    (B) Remaining surfaces. Thoroughly vacuum all remaining surfaces
and objects in the work area, including furniture and fixtures, with a
HEPA-equipped vacuum. The HEPA-equipped vacuum must be equipped with a
beater bar when vacuuming carpets and rugs. Where feasible, floor
surfaces underneath a rug or carpeting must also be thoroughly vacuumed
with a HEPA-equipped vacuum.
    (C) Wipe all remaining surfaces and objects in the work area,
except for carpeted or upholstered surfaces, with a damp cloth. Mop
uncarpeted floors thoroughly, using a 2-bucket mopping method that
keeps the wash water separate from the rinse water, or using a wet
mopping system.
    (b) Standards for post-renovation cleaning verification. (1)
Interiors. (i) A certified renovator must perform a visual inspection
to determine whether visible amounts of dust, debris or residue are
still present. If visible amounts of dust, debris or residue are
present, these conditions must be eliminated by re-cleaning and another
visual inspection must be performed.
    (ii) After a successful visual inspection, a certified renovator
must:
    (A) Verify that each windowsill in the work area has been
adequately cleaned, using the following procedure.
    (1) Wipe the windowsill with a wet disposable cleaning cloth that
is damp to the touch. If the cloth matches the cleaning verification
card, the windowsill has been adequately cleaned.
    (2) If the cloth does not match the cleaning verification card, re-
clean the windowsill as directed in paragraphs (a)(4)(ii)(B) and (C) of
this section, then either use a new cloth or fold the used cloth in
such a way that an unused surface is exposed, and wipe the windowsill
again. If the cloth matches the cleaning verification card, that
windowsill has been adequately cleaned.
    (3) If the cloth does not match the cleaning verification card,
clean that windowsill again as directed in paragraphs (a)(4)(ii)(B) and
(C) of this section and wait for one hour or until the windowsill has
dried completely, whichever is longer.
    (4) After waiting for the windowsill to dry, wipe the windowsill
with dry disposable cleaning cloths until a cloth, or section of cloth,
used to wipe the windowsill matches the cleaning verification card.

    (B) Wipe uncarpeted floors within the work area with a wet
disposable cleaning cloth, using an application device with a long
handle and a head to which the cloth is attached. The cloth must remain
damp at all times while it is being used to wipe the floor for post-
renovation cleaning verification. If the floor surface within the work
area is greater than 40 square feet, the floor within the work area
must be divided into roughly equal sections that are each less than 40
square feet. Wipe each such section separately with a new wet
disposable cleaning cloth. If the cloth used to wipe each section of
the floor within the work area matches the cleaning verification card,
the floor has been adequately cleaned.
    (1) If the cloth used to wipe a particular floor section does not
match the cleaning verification card, re-clean that section of the
floor as directed in paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C) of this
section, then use a new wet disposable cleaning cloth to wipe that
section again. If the cloth matches the cleaning verification card,
that section of the floor has been adequately cleaned.
    (2) If the cloth used to wipe a particular floor section does not
match the cleaning verification card after the floor has been re-
cleaned, clean that section of the floor again as directed in
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C) of this section and wait for
1 hour or until the entire floor within the work area has dried
completely, whichever is longer.
    (3) After waiting for the entire floor within the work area to dry,
wipe those sections of the floor that have not yet achieved post-
renovation cleaning verification with dry disposable cleaning cloths
until a cloth that has wiped those sections of the floor matches the
cleaning verification card. This wiping must also be performed using an
application device with a long handle and a head to which the cloths
are attached.
    (iii) Dust clearance sampling may be performed instead of, or in
addition to, the procedures identified in paragraph (b)(1)(ii) of this
section. If dust clearance sampling is performed, it must be performed
in accordance with Sec.  745.227(e)(8) through (e)(9), except that a
dust sampling technician certified in accordance with this subpart may
collect and report the results of the required samples.
    (iv) When the work area passes the post-renovation cleaning
verification or dust clearance sampling, remove the warning signs.
    (2) Exteriors. A certified renovator must perform a visual
inspection to determine whether visible amounts of dust, debris or
residue are still present. If visible amounts of dust, debris or
residue are present, these conditions must be eliminated and another
visual inspection must be performed. When the area passes the visual
inspection, remove the warning signs.
    (c) Activities conducted after post-renovation cleaning
verification. Activities that do not disturb paint, such as applying
paint to walls that have already been prepared, are not regulated by
this subpart if they are conducted after post-renovation cleaning
verification has been performed.
    10. Section 745.86 is amended by revising paragraph (a) and adding
new paragraphs (b)(6) and (b)(7) to read as follows:

Sec.  745.86  Recordkeeping requirements.

    (a) Firms performing renovations or conducting dust sampling must
retain and, if requested, make available to EPA all records necessary
to demonstrate compliance with this subpart for a period of 3 years
following completion of the renovation or dust sampling activities.
This 3-year retention requirement does not supersede longer obligations
required by other provisions for retaining the same documentation,
including any applicable State or Tribal laws or regulations.
    (b) * * *
    (6) Any signed and dated statements received from owner-occupants
that no children under age 6 reside in housing being renovated which
document that the requirements of Sec.  745.85 do not apply. These
statements must include a declaration that the renovation will occur in
the owner's residence, a declaration that no children under age 6
reside there, the address of the unit undergoing renovation, the
owner's name, the signature of the owner, and the date of signature.
These statements must be written in the same language as the text of
the renovation contract, if any. This requirement includes any
statements received from owners or occupants that a child under age 6
with a blood lead level that equals or exceeds 10 [mu]g/dL, or an
applicable State or local government level of concern, if lower,
resides there.
    (7) Documentation of compliance with the requirements of Sec.
745.85, including documentation that a certified renovator was assigned
to the project, the certified renovator provided on-the-job training
for uncertified workers used on the project, the certified renovator
performed or directed uncertified workers who performed all of the
tasks described in Sec.  745.85(a), and the certified renovator
performed the post-renovation cleaning verification described in Sec.
745.85(b). This documentation must include a copy of the certified
renovator's or dust sampling technician's training certificate, and
signed and dated descriptions of how activities performed by the
certified renovator or dust sampling technician, including worker
training activities, sign posting, work area containment, waste
handling, cleaning, and post-renovation cleaning verification or
clearance were conducted in compliance with this subpart. The
descriptions of these activities must include a certification by the
record preparer that the descriptions are complete and accurate.
    11. Section 745.87 is amended by revising paragraph (e) to read as
follows:

Sec.  745.87  Enforcement and inspections.

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

Sec.  745.88 [Removed]

    12. Section 745.88 is removed.
    13. Section 745.89 is added to subpart E to read as follows:

Sec.  745.89  Firm certification.

    (a) Initial certification. (1) Firms that perform renovations for
compensation must apply to EPA for certification to perform renovations
or dust sampling. To apply, a firm must submit to EPA a completed
``Application for Firms,'' signed by an authorized agent of the firm,
and pay at least the correct amount of fees. If a firm pays more than
the correct amount of fees, EPA will reimburse the firm for the excess
amount.
    (2) After EPA receives a firm's application, EPA will take one of
the following actions within 90 days of the date the application is
received:
    (i) EPA will approve a firm's application if EPA determines that it
is complete and that the environmental compliance history of the firm,
its principals, or its key employees does not show an unwillingness or
inability to maintain compliance with environmental statutes or
regulations. An application is complete if it contains all of the
information requested on the form and includes at least the correct
amount of fees. When EPA approves a firm's application, EPA will issue
the firm a certificate with an expiration date not more than 3 years
from the date the application is approved. EPA

certification allows the firm to perform renovations covered by this
section in any State or Indian Tribal area that does not have a
renovation program that is authorized under subpart Q of this part.
    (ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete. If EPA requests a firm
to supplement its application, the firm must submit the requested
information or pay the additional fees within 30 days of the date of
the request.
    (iii) EPA will not approve a firm's application if the firm does
not supplement its application in accordance with paragraph (a)(2)(ii)
of this section or if EPA determines that the environmental compliance
history of the firm, its principals, or its key employees demonstrates
an unwillingness or inability to maintain compliance with environmental
statutes or regulations. EPA will send the firm a letter giving the
reason for not approving the application. EPA will not refund the
application fees. A firm may reapply for certification at any time by
filing a new, complete application that includes the correct amount of
fees.
    (b) Re-certification. To maintain its certification, a firm must be
re-certified by EPA every 3 years.
    (1) Timely and complete application. To be re-certified, a firm
must submit a complete application for re-certification. A complete
application for re-certification includes a completed ``Application for
Firms'' which contains all of the information requested by the form and
is signed by an authorized agent of the firm, noting on the form that
it is submitted as a re-certification. A complete application must also
include at least the correct amount of fees. If a firm pays more than
the correct amount of fees, EPA will reimburse the firm for the excess
amount.
    (i) An application for re-certification is timely if it is
postmarked 90 days or more before the date the firm's current
certification expires. If the firm's application is complete and
timely, the firm's current certification will remain in effect until
its expiration date or until EPA has made a final decision to approve
or disapprove the re-certification application, whichever is later.
    (ii) If the firm submits a complete re-certification application
less than 90 days before its current certification expires, and EPA
does not approve the application before the expiration date, the firm's
current certification will expire and the firm will not be able to
conduct renovations until EPA approves its re-certification
application.
    (iii) If the firm fails to obtain recertification before the firm's
current certification expires, the firm must not perform renovations or
dust sampling until it is certified anew pursuant to paragraph (a) of
this section.
    (2) EPA action on an application. After EPA receives a firm's
application for re-certification, EPA will review the application and
take one of the following actions within 90 days of receipt:
    (i) EPA will approve a firm's application if EPA determines that it
is timely and complete and that the environmental compliance history of
the firm, its principals, or its key employees does not show an
unwillingness or inability to maintain compliance with environmental
statutes or regulations. When EPA approves a firm's application for re-
certification, EPA will issue the firm a new certificate with an
expiration date 3 years from the date that the firm's current
certification expires. EPA certification allows the firm to perform
renovations or dust sampling covered by this section in any State or
Indian Tribal area that does not have a renovation program that is
authorized under subpart Q of this part.
    (ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete.
    (iii) EPA will not approve a firm's application if it is not
received or is not complete as of the date that the firm's current
certification expires, or if EPA determines that the environmental
compliance history of the firm, its principals, or its key employees
demonstrates an unwillingness or inability to maintain compliance with
environmental statutes or regulations. EPA will send the firm a letter
giving the reason for not approving the application. EPA will not
refund the application fees. A firm may reapply for certification at
any time by filing a new application and paying the correct amount of
fees.
    (c) Amendment of certification. A firm must amend its certification
within 45 days of the date a change occurs to information included in
the firm's most recent application. If the firm fails to amend its
certification within 45 days of the date the change occurs, the firm
may not perform renovations or dust sampling until its certification is
amended.
    (1) To amend a certification, a firm must submit a completed
``Application for Firms,'' signed by an authorized agent of the firm,
noting on the form that it is submitted as an amendment and indicating
the information that has changed. The firm must also pay at least the
correct amount of fees.
    (2) If additional information is needed to process the amendment,
or the firm did not pay the correct amount of fees, EPA will request
the firm to submit the necessary information or fees. The firm's
certification is not amended until the firm complies with the request.
    (3) Amending a certification does not affect the certification
expiration date.
    (d) Firm responsibilities. Firms performing renovations or dust
sampling must ensure that:
    (1)(i) All persons performing renovation activities on behalf of
the firm are either certified renovators or have been trained by a
certified renovator in accordance with Sec.  745.90.
    (ii) All persons performing dust sampling on behalf of the firm are
certified as either risk assessors, inspectors, or dust sampling
technicians.
    (2) A certified renovator is assigned to each renovation performed
by the firm and discharges all of the certified renovator
responsibilities identified in Sec.  745.90; and
    (3) All renovations performed by the firm are performed in
accordance with the work practice standards in Sec.  745.85.
    14. Section 745.90 is added to subpart E to read as follows:

Sec.  745.90  Renovator and dust sampling technician certification.

    (a) Renovator and dust sampling technician certification. (1) To
become a certified renovator or dust sampling technician, a person must
successfully complete the appropriate course accredited by EPA under
Sec.  745.225 or by a State or Tribal program that is authorized under
subpart Q of this part. The course completion certificate serves as
proof of certification. EPA renovator certification allows the
certified individual to perform renovations covered by this section in
any State or Indian Tribal area that does not have a renovation program
that is authorized under subpart Q of this part. EPA dust sampling
technician certification allows the certified individual to perform
dust sampling covered by this section in any State or Indian Tribal
area that does not have a renovation program that is authorized under
subpart Q of this part.
    (2) To maintain renovator or dust sampling technician
certification, a person must complete a renovator or dust sampling
technician refresher course accredited by EPA under Sec.  745.225 or by
a State or Tribal program that is authorized under subpart Q of this
part within 3 years of the date the person completed the initial course
described in paragraph (a)(1) of this

section. If the person does not complete a refresher course within this
time, the person must re-take the initial course to become certified
again.
    (3) Persons who have a valid lead-based paint abatement supervisor
or worker certification issued by EPA under Sec.  745.226 or by a State
or Tribal program authorized under subpart Q of this part are also
deemed to be certified renovators.
    (4) Persons who have a valid lead-based paint inspector or risk
assessor certification issued by EPA under Sec.  745.226 or by a State
or Tribal program authorized under subpart Q of this part are also
deemed to be certified dust sampling technicians.
    (b) Renovator responsibilities. Certified renovators are
responsible for ensuring compliance with Sec.  745.85 at all
renovations to which they are assigned. A certified renovator:
    (1) Must perform all of the tasks described in Sec.  745.85(b) and
must either perform or direct uncertified workers who perform all of
the tasks described in Sec.  745.85(a).
    (2) Must provide training to uncertified workers on the lead-safe
work practices they will be using in performing their assigned tasks,
how to isolate the work area and maintain the integrity of the
containment barriers, and how to avoid spreading dust or debris beyond
the work area.
    (3) Must be physically present at the work site when the signs
required by Sec.  745.85(a)(1) are posted, while the work area
containment required by Sec.  745.85(a)(2) is being established, and
while the work area cleaning required by Sec.  745.85(a)(4) is
performed.
    (4) Must direct work being performed by uncertified persons to
ensure that lead-safe work practices are being followed, the integrity
of the containment barriers is maintained, and dust or debris is not
spread beyond the work area.
    (5) Must be available, either on-site or by telephone, at all times
that renovations are being conducted.
    (6) When requested by the entity contracting for renovation
services, must use an acceptable test kit to determine whether
components to be affected by the renovation contain lead-based paint.
    (7) Must have with them at the work site copies of their initial
course completion certificate and their most recent refresher course
completion certificate.
    (c) Dust sampling technician responsibilities. A certified dust
sampling technician:
    (1) Must collect dust samples in accordance with Sec.
745.227(e)(8), must send the collected samples to a laboratory
recognized by EPA under TSCA section 405(b), and must compare the
results to the clearance levels in accordance with Sec.  745.227(e)(8).
    (2) Must have with them at the work site copies of their initial
course completion certificate and their most recent refresher course
completion certificate.
    15. Section 745.91 is added to subpart E to read as follows:

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

    (a)(1) Grounds for suspending, revoking or modifying an
individual's certification. EPA may suspend, revoke, or modify an
individual's certification if the individual fails to comply with
Federal lead-based paint statutes or regulations. EPA may also suspend,
revoke, or modify a certified renovator's certification if the
renovator fails to ensure that all assigned renovations comply with
Sec.  745.85. In addition to an administrative or judicial finding of
violation, execution of a consent agreement in settlement of an
enforcement action constitutes, for purposes of this section, evidence
of a failure to comply with relevant statutes or regulations.
    (2) Grounds for suspending, revoking or modifying a firm's
certification. EPA may suspend, revoke, or modify a firm's
certification if the firm:
    (i) Submits false or misleading information to EPA in its
application for certification or re-certification.
    (ii) Fails to maintain or falsifies records required in Sec.
745.86.
    (iii) Fails to comply, or an individual performing a renovation on
behalf of the firm fails to comply, with Federal lead-based paint
statutes or regulations. In addition to an administrative or judicial
finding of violation, execution of a consent agreement in settlement of
an enforcement action constitutes, for purposes of this section,
evidence of a failure to comply with relevant statutes or regulations.
    (b) Process for suspending, revoking, or modifying certification.
(1) Prior to taking action to suspend, revoke, or modify an
individual's or firm's certification, EPA will notify the affected
entity in writing of the following:
    (i) The legal and factual basis for the proposed suspension,
revocation, or modification.
    (ii) The anticipated commencement date and duration of the
suspension, revocation, or modification.
    (iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification, or to receive certification in
the future.
    (iv) The opportunity and method for requesting a hearing prior to
final suspension, revocation, or modification.
    (2) If an individual or firm requests a hearing, EPA will:
    (i) Provide the affected entity an opportunity to offer written
statements in response to EPA's assertions of the legal and factual
basis for its proposed action.
    (ii) Appoint an impartial official of EPA as Presiding Officer to
conduct the hearing.
    (3) The Presiding Officer will:
    (i) Conduct a fair, orderly, and impartial hearing within 90 days
of the request for a hearing.
    (ii) Consider all relevant evidence, explanation, comment, and
argument submitted.
    (iii) Notify the affected entity in writing within 90 days of
completion of the hearing of his or her decision and order. Such an
order is a final agency action which may be subject to judicial review.
    (4) If EPA determines that the public health, interest, or welfare
warrants immediate action to suspend the certification of any
individual or firm prior to the opportunity for a hearing, it will:
    (i) Notify the affected entity in accordance with paragraph
(b)(1)(i) through (b)(1)(iii) of this section, explaining why it is
necessary to suspend the entity's certification before an opportunity
for a hearing.
    (ii) Notify the affected entity of its right to request a hearing
on the immediate suspension within 15 days of the suspension taking
place and the procedures for the conduct of such a hearing.
    (5) Any notice, decision, or order issued by EPA under this
section, any transcript or other verbatim record of oral testimony, and
any documents filed by a certified individual or firm in a hearing
under this section will be available to the public, except as otherwise
provided by section 14 of TSCA or by part 2 of this title. Any such
hearing at which oral testimony is presented will be open to the
public, except that the Presiding Officer may exclude the public to the
extent necessary to allow presentation of information which may be
entitled to confidential treatment under section 14 of TSCA or part 2
of this title.
    (6) EPA will maintain a publicly available list of entities whose
certification has been suspended, revoked, modified or reinstated.
    16. Section 745.220 is amended by revising paragraph (a) to read as
follows:

Sec.  745.220  Scope and applicability.

    (a) This subpart contains procedures and requirements for the
accreditation of training programs for lead-based paint activities and
renovations, procedures and requirements for the certification of
individuals and firms engaged in lead-based paint activities, and work
practice standards for performing such activities. This subpart also
requires that, except as discussed below, all lead-based paint
activities, as defined in this subpart, be performed by certified
individuals and firms.
* * * * *
    17. Section 745.225 is amended as follows:
    a. Revise paragraph (a).
    b. Revise the introductory text of paragraph (b), revise paragraph
(b)(1)(ii), and add paragraph (b)(1)(iv)(C).
    c. Revise the introductory text of paragraph (c) and paragraph
(c)(8)(iv), add paragraphs (c)(6)(vi), (c)(6)(vii), and (c)(8)(vi), and
revise paragraph (c)(10).
    d. Amend paragraph (c)(13) by replacing the phrase ``lead-based
paint activities'' with the phrase ``renovator, dust sampling
technician, or lead-based paint activities'' wherever it appears in the
paragraph.
    e. Add paragraphs (d)(6) and (d)(7).
    f. Revise the introductory text of paragraph (e).
    g. Amend paragraph (e)(1) by removing the word ``activities''
wherever it appears in the paragraph.
    h. Revise paragraph (e)(2).

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

    (a) Scope. (1) A training program may seek accreditation to offer
courses in any of the following disciplines: Inspector, risk assessor,
supervisor, project designer, abatement worker, renovator, and dust
sampling technician. A training program may also seek accreditation to
offer refresher courses for each of the above listed disciplines.
    (2) Training programs may first apply to EPA for accreditation of
their lead-based paint activities courses or refresher courses pursuant
to this section on or after August 31, 1998. Training programs may
first apply to EPA for accreditation of their renovator or dust
sampling technician courses or refresher courses pursuant to this
section on or after [insert date 1 year after date of publication of
the final rule in the Federal Register].
    (3) A training program must not provide, offer, or claim to provide
EPA-accredited lead-based paint activities courses without applying for
and receiving accreditation from EPA as required under paragraph (b) of
this section on or after March 1, 1999. A training program must not
provide, offer, or claim to provide EPA-accredited renovator or dust
sampling technician courses without applying for and receiving
accreditation from EPA as required under paragraph (b) of this section
on or after [insert date 60 days after date of publication of the final
rule in the Federal Register].
    (b) Application process. The following are procedures a training
program must follow to receive EPA accreditation to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses:
    (1) * * *
    (ii) A list of courses for which it is applying for accreditation.
For the purposes of this section, courses taught in different languages
are considered different courses, and each must independently meet the
accreditation requirements.
* * * * *
    (iv) * * *
    (C) When applying for accreditation of a course in a language other
than English, a signed statement from a qualified, independent
translator that they had compared the course to the English language
version and found the translation to be accurate.
    (c) Requirements for the accreditation of training programs. For a
training program to obtain accreditation from EPA to offer lead-based
paint activities courses, renovator courses, or dust sampling
technician courses, the program must meet the following requirements:
* * * * *
    (6) * * *
    (vi) The renovator course must last a minimum of 8 training hours,
with a minimum of 2 hours devoted to hands-on training activities. The
minimum curriculum requirements for the renovator course are contained
in paragraph (d)(6) of this section. Hands-on training activities must
cover renovation methods that minimize the creation of dust and lead-
based paint hazards, interior and exterior containment and cleanup
methods, and post-renovation cleaning verification.
    (vii) The dust sampling technician course must last a minimum of 8
training hours, with a minimum of 2 hours devoted to hands-on training
activities. The minimum curriculum requirements for the dust sampling
technician course are contained in paragraph (d)(7) of this section.
Hands on training activities must cover dust sampling methodologies.
* * * * *
    (8) * * *
    (iv) For initial inspector, risk assessor, project designer,
supervisor, or abatement worker course completion certificates, the
expiration date of interim certification, which is 6 months from the
date of course completion.
* * * * *
    (vi) The language in which the course was taught.
* * * * *
    (10) Courses offered by the training program must teach the work
practice standards contained in Sec.  745.85 or Sec.  745.227, as
applicable, in such a manner that trainees are provided with the
knowledge needed to perform the renovations or lead-based paint
activities they will be responsible for conducting.
* * * * *
    (d) * * *
    (6) Renovator. (i) Role and responsibility of a renovator.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State, and local
regulations and guidance that pertains to lead-based paint and
renovation activities.
    (iv) Procedures for using acceptable test kits to determine whether
paint is lead-based paint.
    (v) Renovation methods to minimize the creation of dust and lead-
based paint hazards.
    (vi) Interior and exterior containment and cleanup methods.
    (vii) Methods to ensure that the renovation has been properly
completed, including clean-up verification, and clearance testing.
    (viii) Waste handling and disposal.
    (7) Dust sampling technician. (i) Role and responsibility of a dust
sampling technician.
    (ii) Background information on lead and its adverse health effects.
    (iii) Background information on Federal, State, and local
regulations and guidance that pertains to lead-based paint and
renovation activities.
    (iv) Dust sampling methodologies.
    (v) Clearance standards and testing.
    (vi) Report preparation.
* * * * *
    (e) Requirements for the accreditation of refresher training
programs. A training program may seek accreditation to offer refresher
training courses in any of the following disciplines: Inspector, risk
assessor, supervisor, project designer, abatement worker, renovator,
and dust sampling technician. To obtain EPA accreditation to offer
refresher training, a training program must meet the following minimum
requirements:
* * * * *

    (1) * * *
    (2) Refresher courses for inspector, risk assessor, supervisor, and
abatement worker must last a minimum of 8 training hours. Refresher
courses for project designer, renovator, and dust sampling technician
must last a minimum of 4 training hours.
* * * * *
    18. Section 745.320 is amended by revising paragraph (c) to read as
follows:

Sec.  745.320  Scope and purpose.

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

Sec.  745.324  Authorization of State or Tribal programs.

    (a) Application content and procedures. (1) Any State or Indian
Tribe that seeks authorization from EPA to administer and enforce the
provisions of subpart E or subpart L of this part must submit an
application to the Administrator in accordance with this paragraph.
* * * * *
    (b) * * *
    (2) * * *
    (i) * * *
    (ii) An analysis of the State or Tribal program that compares the
program to the Federal program in subpart E or subpart L of this part,
or both. This analysis must demonstrate how the program is, in the
State's or Indian Tribe's assessment, at least as protective as the
elements in the Federal program at subpart E or subpart L of this part,
or both. EPA will use this analysis to evaluate the protectiveness of
the State or Tribal program in making its determination pursuant to
paragraph (e)(2)(i) of this section.
* * * * *
    (e) * * *
    (2) * * *
    (i) The State or Tribal program is at least as protective of human
health and the environment as the corresponding Federal program under
subpart E or subpart L of this part, or both; and
* * * * *
    (4) If the State or Indian Tribe applies for authorization of State
or Tribal programs under both subpart E and subpart L, EPA may, as
appropriate, authorize one program and disapprove the other.
* * * * *
    (f) * * *
    (2) If a State or Indian Tribe does not have an authorized program
to administer and enforce the pre-renovation education requirements of
subpart E of this part by August 31, 1998, the Administrator will, by
such date, enforce those provisions of subpart E of this part as the
Federal program for that State or Indian Country. If a State or Indian
Tribe does not have an authorized program to administer and enforce the
training, certification and accreditation requirements and work
practice standards of subpart E of this part by [insert date 1 year
after date of publication of the final rule in the Federal Register],
the Administrator will, by such date, enforce those provisions of
subpart E of this part as the Federal program for that State or Indian
Country.
* * * * *
    (i) * * *
    (8) By the date of such order, the Administrator will establish and
enforce the provisions of subpart E or subpart L of this part, or both,
as the Federal program for that State or Indian Country.
    20. Section 745.326 is revised to read as follows:

Sec.  745.326   Renovation: State and Tribal program requirements.

    (a) Program elements. To receive authorization from EPA, a State or
Tribal program must contain the following program elements:
    (1) For pre-renovation education programs, procedures and
requirements for the distribution of lead hazard information to owners
and occupants of target housing before renovations for compensation.
    (2) For renovation training, certification, accreditation, and work
practice standards programs:
    (i) Procedures and requirements for the accreditation of renovation
and dust sampling technician training programs.
    (ii) Procedures and requirements for the certification of
renovators and dust sampling technicians.
    (iii) Procedures and requirements for the certification of
individuals and/or firms.
    (iv) Requirements that all renovations be conducted by
appropriately certified individuals and/or firms.
    (v) Work practice standards for the conduct of renovations.
    (3) For all renovation programs, development of the appropriate
infrastructure or government capacity to effectively carry out a State
or Tribal program.
    (b) Pre-renovation education. To be considered at least as
protective as the Federal program, the State or Tribal program must:
    (1) Establish clear standards for identifying renovation activities
that trigger the information distribution requirements.
    (2) Establish procedures for distributing the lead hazard
information to owners and occupants of housing prior to renovation
activities.
    (3) Require that the information to be distributed include either
the pamphlet titled Protect Your Family from Lead During Renovation,
Repair & Painting, developed by EPA under section 406(a), or an
alternate pamphlet or package of lead hazard information that has been
submitted by the State or Tribe, reviewed by EPA, and approved by EPA
for that State or Tribe. Such information must contain renovation-
specific information similar to that in Protect Your Family from Lead
During Renovation, Repair & Painting, must meet the content
requirements prescribed by section 406(a) of TSCA, and must be in a
format that is readable to the diverse audience of housing owners and
occupants in that State or Tribe.
    (i) A State or Tribe with a pre-renovation education program
approved before [insert date 60 days after date of publication of the
final rule in the Federal Register] must demonstrate that it meets the
requirements of this section no later than the first report that it
submits pursuant to Sec.  745.324(h) of this subpart on or after
[insert date 1 year after date of publication of the final rule in the
Federal Register].
    (ii) A State or Tribe with an application for approval of a pre-
renovation education program submitted but not approved before [insert
date 60 days after date of publication of the final rule in the Federal
Register] must demonstrate that it meets the requirements of this
section either by amending its application or in the first report that
it submits pursuant to Sec.  745.324(h) of this part on or after
[insert date 1 year after date of publication of the final rule in the
Federal Register].
    (iii) A State or Indian Tribe submitting its application for
approval

of a pre-renovation education program on or after [insert date 60 days
after date of publication of the final rule in the Federal Register]
must demonstrate in its application that it meets the requirements of
this section.
    (c) Accreditation of training programs. To be considered at least
as protective as the Federal program, the State or Tribal program must
meet the requirements of either paragraph (c)(1) or (c)(2) of this
section:
    (1) The State or Tribal program must establish accreditation
procedures and requirements, including:
    (i) Procedures and requirements for the accreditation of training
programs, including, but not limited to:
    (A) Training curriculum requirements.
    (B) Training hour requirements.
    (C) Hands-on training requirements.
    (D) Trainee competency and proficiency requirements.
    (E) Requirements for training program quality control.
    (ii) Procedures and requirements for the re-accreditation of
training programs.
    (iii) Procedures for the oversight of training programs.
    (iv) Procedures and standards for the suspension, revocation, or
modification of training program accreditations; or
    (2) The State or Tribal program must establish procedures and
requirements for the acceptance of renovation training offered by
training providers accredited by EPA or a State or Tribal program
authorized by EPA under this subpart.
    (d) Certification of renovators. To be considered at least as
protective as the Federal program, the State or Tribal program must:
    (1) Establish procedures and requirements for individual
certification that ensure that certified renovators are trained by an
accredited training program.
    (2) Establish procedures and requirements for re-certification.
    (3) Establish procedures for the suspension, revocation, or
modification of certifications.
    (e) Work practice standards for renovations. To be considered at
least as protective as the Federal program, the State or Tribal program
must establish standards that ensure that renovations are conducted
reliably, effectively, and safely. At a minimum, the State or Tribal
program must contain the following requirements:
    (1) Renovations must be conducted only by certified contractors.
    (2) Renovations are conducted using lead-safe work practices that
are at least as protective to occupants as the requirements in Sec.
745.85.
    (3) Certified contractors must retain appropriate records.
    21. Section 745.327 is amended by revising paragraphs (b)(1)(iv)
and (b)(2)(ii) to read as follows:

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

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

Sec.  745.339   Effective dates.

    States and Indian Tribes may seek authorization to administer and
enforce subpart L of this part pursuant to this subpart at any time.
States and Indian Tribes may seek authorization to administer and
enforce subpart E of this part pursuant to this subpart effective
[insert date 60 days after date of publication of the final rule in the
Federal Register].

[FR Doc. 06-71 Filed 1-9-06; 8:45 am]

BILLING CODE 6560-50-S