August 13, 2000 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST ( ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title: TSCA Sections 402/ 404 Training, Certification, Accreditation and Standards for Lead Based Paint Activities EPA ICR No.: 1715.03; OMB Control No: 2070 0155 1( b) Abstract With this information collection request ( ICR), the Agency is seeking a three year extension of the approval for the information collection requirements contained in the regulations addressing training, certification, accreditation and standards for lead based paint ( LBP) activities in target housing and child occupied facilities ( hereafter, the " training rule"), promugated in the Code of Regulations ( CFR) as 40 CFR part 745, Subparts L and Q. The Agency promulgated this regulation pursuant to sections 402 and 404 of the Toxic Substances Control Act ( TSCA). Section 404 allows any state that seeks to administer and enforce standards and regulations comparable to those developed under section 402 to submit an application to EPA for authorization of a State program ( Indian Tribes and Alaskan Native Villages may also submit such applications).

The final training, certification, accreditation and standards regulation requires reporting and/ or recordkeeping from four entities: States/ Tribes/ Alaskan Native Villages ( hereafter, the term " States" includes Tribes and Villages); training providers; and firms and individuals engaged in LBP activities. The following sections provide a general overview of the reporting and recordkeeping requirements for each entity, discussed in more detail in section 4( b).

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

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

Individuals/ Firms. Individuals and firms seeking to engage in LBP activities must receive certification from EPA/ States. To gain certification, an individual must RECEIVED OPPT NCIC 2003 July 25 9: 56AM OPPT 2003 0047 0002 August 13, 2000 2 complete an accredited training course and receive a course completion certificate, pass a third party certification exam, meet specific education/ experience requirements, and demonstrate this to EPA/ States. A firm must submit a letter to EPA/ States certifying that it will employ only certified individuals and conduct LBP activities according to the work practice standards. Individuals/ firms must apply for re certification every three years. The rule also requires that individuals/ firms develop and retain records of the LBP activities they undertake to demonstrate compliance with standards and provide a written record for future reference.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Authority/ Need for the Collection Under section 402( a)( 1) of TSCA, the Agency must "... promulgate final regulations governing lead based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead based paint activities, taking into account reliability, effectiveness and safety."

Section 402( a)( 2) states that " Final regulations promulgated under [ section 402( a)] paragraph ( 1) shall contain specific requirements for the accreditation of ... training programs ... including, but not limited to:

 Minimum requirements for the accreditation of training providers;  Minimum training curricula requirements;  Minimum training hour requirements;  Minimum hands on training requirements;  Minimum training competency and proficiency requirements;  Minimum requirements for training program quality."

The regulations are promulgated as 40 CFR part 745, Subparts L and Q. A copy of the regulation, as well as the statutory provisions mentioned above, is attached to this ICR as Attachments A & B.

2( b) Use/ Users of the Data EPA. This information collection will provide EPA with the materials necessary to authorize State programs as TSCA Title IV directs, and to serve as the accrediting and certifying body in States without authorized programs, discussed further below.

EPA and/ or States. This collection will enable EPA/ States to determine compliance with and enforce the requirements for training, certification, accreditation, and work practice standards. Without this collection, there would be no meaningful way of ensuring the implementation of the statutory objective: to ensure that trained individuals perform all LBP activities to minimize harm to occupants of structures and other parties. August 13, 2000 3 The work practice standards in the rule rely on reporting and record keeping as a check on proper performance of activities; the Agency chose this approach over promulgating prescriptive standards for the conduct of LBP activities. The rulemaking provides flexibility for individuals performing the activities, by relying on guidance and training to help individuals determine the best approaches and on documentation as a " standard of performance." The Agency believes this is the best method for accommodating a variety of LBP hazards and site specific conditions.

It is the nature of certification and accreditation that an entity seeking such must provide materials to the certifying or accrediting body. The materials the Agency/ State requires for these activities are central to the activity.

It is also important to note that the re certification and re accreditation requirements for individuals and training programs are meant to ensure that training programs incorporate new developments and technologies in their courses and that individuals receive training in them. The Agency believes this will ensure that individuals/ firms perform LBP activities in the safest and most effective manner possible in future years of the program as well as the initial year.

The specific data elements in the reports individuals/ firms conducting LBP activities must compile and retain are necessary as a future reference for building owners/ residents, EPA or authorized entities. The records will demonstrate that individuals conducting the activities do so in a safe and effective manner, according to the minimum work practice standards established by the rule. This will also aid EPA's enforcement activities.

The Agency's goal is to assure that residents of structures undergoing LBP abatements are not exposed to a greater hazard as a result of the abatements. The occupant protection plan is crucial to achieving this goal. Requiring that the supervisor or project planner prepare a report detailing this plan will help to ensure the plan is wellconsidered and thorough.

The pre abatement notification requirement, which the rule requires only for abatements in child occupied facilities or multi family housing or in cases where abatement is a result of a State or local order, is necessary to permit the Agency to target its enforcement activities and to ensure compliance within the contracting community.

3. Non Duplication, Consultation and Other Collection Criteria 3( a) Non Duplication The Agency's collection activities contained in the TSCA sections 402/ 404 regulations do not duplicate any other collection. There is no other model program for LBP activities or associated State program approval process, and there are currently no Federal requirements for the training and certification of individuals engaged in these activities, for the accreditation of LBP training programs, or required standards for the August 13, 2000 4 conduct of these activities.

3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on April 24, 2000 ( 64 FR 8964, February 23, 2000). EPA received one comment from a small business that reported difficulties with the State certification requirements.

Although the EPA regulation was intended to establish national standards, and was specifically intended to avoid the need for businesses to take the same training and get the same certification in each and every State. The commenter indicated that several States are apparently imposing local training and certification mandates that require the commenter to send their staff to the same certification training several times. Even though the EPA regulation specifically stated that states should accept another states certification, this does not appear to be happening. As a result, the burden and costs actually incurred by companies, such as the commenter, are significantly more than estimated in this ICR. The commenter provided information about the costs they have incurred so far to certify inspectors in several States, with 17 more States needing to be certified. The commenter was concerned about the lack of reciprocity among States and the variety of fees that different States are imposing.

The issues raised by the commenter are related to State authorized programs and the flexibility provided to States regarding fees and reciprocity. EPA is required by statute to recover the costs of operating the Federal program. States have their own statutory authority to develop fees for their programs. EPA is not authorized to limit the fees that a State may charge. With regard to reciprocity, the statute directed EPA to establish a process that would allow states to be authorized to operate their own training and certification programs if the programs were " at least as protective as" the Federal program. The statute directed EPA only to encourage but not require reciprocity among the States. Congress clearly intended that individual States would be operating distinct programs. EPA has encouraged reciprocity by including in its regulations provisions for accepting valid state certification from any authorized State or Tribe.

The Agency appreciates the comments, but the issues raised are not ones that can be addressed in the context of the ICR. Additional information about the comment received and the Agency's response is included as Attachment C.

3( c) Consultation Throughout the implementation of the program, the Agency has consulted with a broad range of interested parties on a number of occasions, from representatives of State, local and Tribal governments to individual contractors and labor organizations. The Agency has also worked directly with other Federal agencies, States, abatement contractors and solid waste management facilities to develop and implement the Lead program. Typically, EPA has been meeting with State representatives of Departments of August 13, 2000 5 Health and/ or Environment and Tribal government representatives three times annually in specific break out sessions on Lead related issues at the Forum on State and Tribal Toxic Actions ( FOSTTA) meetings. In addition, each year at the National Lead Conference and Workshops, the Agency discusses different aspects of the lead rules and state programs with representatives from State officials, Tribal governments, and industry.

3( d) Effects of Less Frequent Collection Due to the nature of this regulation and its collection, less frequent collection is not feasible. In particular, each individual requires certification and re certification, each training program requires accreditation and re accreditation, and each LBP activity is a separate and unique event requiring specific documentation. Program approval for States is a one time activity.

3( e) General Guidelines This ICR is consistent with OMB's general guidelines. The Agency is requiring that individuals and firms maintain records for three years. Authorized States report once a year for the first three years, and biannually thereafter.

Training programs must maintain records for three and one half years. This is due to the interim certification period of six months following an individual completing training, which allows the individual time to apply to EPA/ States to receive official certification. At such time, the individual remains certified for three years ( or 5 years for individuals who have passed a proficiency test as part of their training) before he or she must obtain refresher training and re certification. EPA wishes training providers to maintain records on a particular student for as long as the individual is certified following training. Therefore, the Agency believes the three and one half years is an appropriate period for the retention of such records.

3( e) Confidentiality This information collection does not include questions of a confidential nature.

3( f) Sensitive Questions This information collection does not include questions of a sensitive nature.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC Codes The following entities are subject to the information collection requirements contained in the regulations at 40 CFR part 745, Subpart L and Q: August 13, 2000 6 1) training providers for LBP activities 2) individuals and firms engaged in LBP activities; and 3) State agencies.

The respondents' SIC codes include:

1521 General Contractors  Single Family Homes 1522 General Contractors  Residential Buildings, Other Than Single Family 1531 Operative Builders 1542 Other Nonresidential Buildings 1721 Painting Contractors 1742 Plastering, Dry Wall, Acoustical, Insulation Work 1751 Carpentry Work Contractors 1761 Roofing, Siding, Sheet Metal Work 1795 Wrecking and Demolition 1799 Miscellaneous Trade Contractors, NEC 8249 Schools: Industrial, Technical & Trade Vocational Schools NEC 8299 Vocational Guidance Training Programs & Services 4( b) Information Requested ( i) Data Items In order to obtain authorization from EPA to administer and enforce a program under section 404, States must prepare:

 a notice of intent to seek authorization, and  an application for authorization identifying the agencies responsible for implementation, administration, and enforcement of the program, and a description of the authority and responsibilities vested in such agencies.

States authorized for the lead based paint training rule must submit to EPA a report summarizing implementation and enforcement activities, including a list of enforcement actions taken and any changes in content, administration, or enforcement of the State program.

To gain accreditation, training providers must submit the following documents to EPA/ State:

 an accreditation statement that clearly indicates how the training program meets the minimum requirements for accreditation, and  a quality control plan, which outlines procedures for periodic revision of training materials and exams, annual review of instructors, and adequacy of the training facilities.

To gain certification, individuals engaged in LBP activities are required to submit August 13, 2000 7 specific materials to EPA/ State:

 Inspectors, Risk Assessors, Supervisors: accredited training course completion certificate, statement certifying the individual meets the education/ experience pre requisites, proof of passage of the third party exam;  Project Planners: statement certifying individual meets the education/ experience requirements, accredited training course completion certificate; and  Workers: accredited training course completion certificate.

In the performance of LBP activities, the firms and/ or individuals must complete and retain a number of reports ( contingent on the activity conducted), including:

 an inspection report describing the surfaces sampled for LBP and the sampling results;  a lead hazard screen report, which includes an accounting of any paint or dust sampling results;  a risk assessment report, which includes an accounting of paint, dust, or soil sampling results and existing hazards;  an occupant protection plan identifying the measures that will be taken to protect building occupants from LBP hazards, and  an abatement report detailing the activities undertaken to eliminate the hazard.

Working with our State and Tribal partners, as well as the affected entities, the Agency has developed new and improved forms and instructions for the Federal program, which also serve as a model for the States and Tribes. Copies of the new forms and instructions/ guidance are included as Attachment D.

( ii) Respondent Activities.

The rule specifies reporting and record keeping for authorized States, training providers, and individuals/ firms undertaking LBP activities. The rule does not require specific forms or applications for submissions.

States seeking authorization for the training rule will need to perform the following activities:

 read the regulations;  compare any existing State program requirements to the minimum requirements of the Federal regulation;  develop and adopt new legislation as necessary;  develop and promulgate new regulations as necessary;  publish a notice of intent to seek authorization and provide an opportunity for public hearing; August 13, 2000 8  prepare and submit to EPA an application for program approval;  maintain program application availability for public inspection for up to one year after submission; and  submit an annual report to EPA.

Training providers seeking accreditation will need to perform the following collection activities:

 read the regulation;  prepare and submit an accreditation application to accrediting entity;  retain records; and  provide accrediting entity access to records as requested.

Individuals seeking certification will need to perform the following activities:

 read the regulation;  submit a proof of passage of third party exam and/ or course completion certificate, and statement certifying individual meets education/ experience requirements; and  retain records, if individual is incorporated or acting as a firm.

Firms seeking certification will need to perform the following activities:

 read the regulation;  submit a statement or letter of certification; and  retain records.

5. The Information Collected  Agency Activities, Collection Methodology and Information Management 5( a) Agency Activities EPA will need to perform the following activities in order to authorize States:

 receive applications;  review applications and compare them with the Federal program at CFR Part 745;  provide applicants with notification of approval/ disapproval.

5( b) Collection Methodology and Management This section details the data elements for each type of respondent and for each reporting or recordkeeping activity. Note that EPA is cited as the accrediting and certifying body, as State programs may not necessarily adopt a program requiring the submission or retention of exactly the same materials as in the Federal program. For the August 13, 2000 9 purposes of estimating burden in Section 6 of this ICR, however, the Agency assumes that States adopt the Federal program requirements for reporting and recordkeeping. In States without authorized programs two years after the effective date, EPA will be the accrediting and certifying body.

The rule provides general instructions to States seeking EPA authorization under this regulation. A State may submit an application to EPA any time after promulgation of this rule, and may choose to submit them together. The elements necessary for application are as follows:

 a public notice of intent to seek authorization, with an opportunity for public hearing;  a transmittal letter from the Governor or Tribal equivalent requesting program approval;  an Attorney General or Tribal equivalent statement certifying the adequacy of the State's program authority;  copies of all applicable State statutes and regulations;  the name of the primary agency that is or will be responsible for administering and enforcing the program and functions of any other agencies involved in administering the program;  a description of the program elements and an analysis of how these elements relate to the Federal program elements under section 402; and  a description of the resources the State intends to devote to the administration and enforcement of the program.

States authorized for this rule will need to provide a report ( or separate reports) to EPA describing any significant changes in the programs and enforcement activities.

The rule instructs training programs seeking accreditation for initial training programs to submit a one time application to EPA covering the following elements:

 the training program's name, address, and telephone number;  a list of courses for which it is applying for accreditation;  a statement, signed by the training program manager, that certifies that the training program meets the minimum requirements ( e. g., training hours) established in the rule;  a copy of the test blueprint, which describes the proportion of test questions devoted to each major course topic;  a detailed description of the facilities and equipment available for lecture and hands on training;  a detailed description of the procedures for conducting the assessment of hands on skills;  a copy of the program's quality control plan; and  for programs that do not adopt the EPA model curriculum, the program must submit, in addition to the above materials, a copy of the student manuals and instructor notebooks to be used for each course, and a copy of the course August 13, 2000 10 agenda, which includes the time allocated for each course topic.

Training programs must submit the following information to seek accreditation for refresher training courses ( note that applications for refresher training may be simultaneously submitted with applications for full length training programs):

 the training program's name, address, and telephone number;  a list of refresher courses for which it is seeking accreditation;  a copy of student manuals and instructor notebooks; and  a statement signed by the training manager certifying compliance with rule provisions.

Training programs must also seek re accreditation from EPA every four years. In order to receive re accreditation, the training program must submit:

 the training program's name, address, and telephone number;  a list of courses for which it is applying for re accreditation;  a description of any changes or updates to the training facility or equipment that would adversely affect a students ability to learn, since its last application was approved; and  a statement from the training program manager that the training program complies at all times with all rule requirements.

The rule specifies that training programs must retain the following records for three years and six months and make them available upon EPA request:

 qualifications of training managers and work practice instructors;  current curriculum/ course materials, and documents reflecting any changes made to these materials;  the course test blueprint;  information on how the hands on assessment is conducted;  the quality control plan;  results of the students' hands on skills assessments and course tests, and a copy of each student's course completion certificate; and  any other material the program submitted to EPA as part of its accreditation application.

The rule provides general instructions to individuals seeking certification to perform LBP activities. Individuals must submit a one time application to EPA, including the following elements:

 proof of training ( for all individuals);  statement certifying that the individual meets the education or experience prerequisites ( applicable to all but workers and inspectors); and  proof of completing the standardized certification exam ( applicable to all but workers and project planners). August 13, 2000 11 The rule provides alternative certification procedures for individuals who received LBP training between October 1, 1990, and the effective date of the final regulation, or those who received training in an authorized State. For certification under the alternative procedures, an individual must submit certain materials to EPA. For inspectors, risk assessors or supervisors:

 proof of successful completion of training or on the job training equivalent to that the rule specifies for the particular discipline;  statement certifying that the individual meets the education and/ or experience requirements;  completion of an accredited refresher training course for the discipline; and  passage of a certification exam for the appropriate discipline.

For workers and project planners:

 proof of successful completion of training or on the job training equivalent to that the rule specifies for the particular discipline;  proof that the applicant meets the education and/ or experience requirements ( for project designers only); and  completion of an accredited refresher training course for the discipline.

Under the rule's provisions, individuals must seek re certification every three years ( 5 years for individuals who have passed a proficiency test as part of their training), submitting to EPA a copy of the refresher course completion certificate.

The rule provides specific requirements for firms seeking certification. A firm must submit to EPA a letter indicating that the firm will employ only certified individuals to conduct LBP activities and follow the work practice standards.

The rule requires that individuals/ firms prepare reports during the conduct of LBP activities and maintain the reports for no fewer than three years. The requirements are specific to the disciplines.

Following the conduct of an inspection, the inspector must prepare a report documenting the following:

 date of inspection;  address of building and units;  date of construction of building and units;  unit numbers ( if applicable);  name, address, and telephone number of the owner of building and units;  name, signature, and certification number of each certified inspector and/ or risk assessor conducting testing;  name, address and telephone of the certified firm employing the individual ( if applicable);  each testing method and device and/ or sampling procedure employed, August 13, 2000 12 including quality control data, and, if used, the serial number of the XRF device;  specific locations of each painted component tested for LBP; and  result of the inspection expressed according to the particular sampling method.

For a risk assessment:

 date of risk assessment;  address of residences and buildings;  date of construction of residences and buildings;  unit numbers ( if applicable);  name, address and telephone number of the owner of residences and buildings;  name, signature, and certification number of risk assessor conducting the assessment,  name, address, and telephone number of certified firm employing the risk assessor ( if applicable);  results of visual inspection;  name, address, and telephone of each recognized laboratory conducting analyses of samples;  testing methods and sampling procedures for paint analysis employed;  specific locations of each painted component tested for the presence of LBP;  all data collected from on site testing;  all results of laboratory analyses on samples;  any other sampling results;  any background information collected prior to the activity;  an evaluation of any previous inspections, analyses, or assessments of LBP, if applicable;  description of the location and type of identified LBP hazards; and  description of options for addressing any LBP hazards.

For a lead hazard screen:

 first 15 items on the risk assessment list above; and  recommendations concerning desirability of follow up risk assessment.

For an abatement resulting from a State or local order or taking place in a childoccupied facility or multi family dwelling, the individual/ firm must first submit to EPA prior notification of abatement activities.

Before an abatement, the individual/ firm must prepare an occupant protection plan describing the measures that the individual/ firm will take during the abatement to protect building occupants from exposure to lead contaminated dust and debris. August 13, 2000 13 Following the abatement, the individual or supervisor must prepare a report detailing the following:

 start and completion dates;  name and address of each individual or firm conducting the abatement( s) and each supervisor assigned to the project;  the occupant protection plan;  name, address, and signature of each certified risk assessor or inspector conducting sampling and the date of clearance testing;  results of clearance testing and all soil analyses, and name of laboratory conducting them; and  a detailed description of the abatement, including method employed, locations of rooms and/ or components, reasons for selecting abatement methods for particular components.

5( c) Small Entity Flexibility The Agency has attempted to ensure that its regulatory requirements do not unduly burden small business. The certification requirements are very simple. A firm need only certify to the accrediting authority that it is employing certified individuals and that it will comply with the required standards. Firms need not seek re certification, although individuals must do so. This process involves taking a refresher training course every three years, or five years for individuals who have passed a proficiency test as part of their training. The Agency also permits flexibility in the way information is prepared and presented ( e. g., there are no mandated forms to complete), yet provides examples for States to adopt.

5( d) Collection Schedule The information collection activities will occur according to the following schedule:

 States/ Tribes have one year, six months from the date of rule promulgation to submit an application for program authorization;  training programs have 180 days from the effective date of the rule to become accredited;  training programs must seek re accreditation at four year intervals following initial accreditation;  individuals and firms must be certified within one year after the effective date of the rule;  individuals must seek re certification at three year intervals ( five year intervals for individuals who have passed a proficiency test as part of their training) following initial certification.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION August 13, 2000 14 This section estimates the incremental burden and cost associated with the reporting and recordkeeping requirements of TSCA sections 402 ( a) and 404, as promulgated in 40 CFR part 745, Supart L and Q. The burden estimates provided in this analysis are primarily based on the cost estimates developed in the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule and a data summary from the nine state lead accreditation and certification program survey. Burden and cost estimates are provided for three calender years 2000, 2001 and 2002. Since entity certifications are valid for a period of three years and accreditations for a period of four years, entity re accreditation and re certification are out of the scope of the analysis time frame. Burden and costs associated with re accreditation and recertification will first be incurred in 2004.

Sections 6( a) and 6( b) discuss the respondents' burdens and costs, respectively. Section 6( c) reports EPA burdens and costs, and Sections 6( d) through 6( f) provide summaries of the respondents' burdens, and provide the burden statement.

EPA published the final 402/ 404 rule on August 29, 1996. States and tribes could begin applying for authorization to operate their own lead based paint training and certification programs on October 28, 1996. On August 31, 1998, EPA began operating the Federal program in all non authorized States and Tribes. There was an additional phase in of elements of the Federal program to allow the regulated community to come into compliance. The accreditation requirements became effective on March 1, 1999, and all training providers must now be accredited by EPA to offer lead based paint activities training courses in the Federal program. The final rule also stated that after August 30, 1999, no individuals or firms could perform, offer, or claim to perform lead based paint activities without certification from EPA. However, several unavoidable delays slowed the process of approving a sufficient number of training providers to accommodate the number of individuals who would be seeking certification prior to the August 30, 1999 date. Therefore, on August 6, 1999, EPA extended the effective date for certification of individuals and firms and use of work practice standards to March 1, 2000 ( 64 FR 42849).

6( a) Estimating Respondent Burden Introduction Four types of respondents will be affected by this information collection request ( ICR): 1) training providers, 2) firms performing lead based paint activities, 3) individual lead based paint professionals, and 4) states. The burdens and costs fall into one of the following categories: 1) applying for authorization/ certification/ accreditation, 2) annual reporting ( or reporting during the course of the year), and 3) annual recordkeeping ( or recordkeeping during the course of the year). The reporting and recordkeeping burden estimates include the time associated with completing and sending the reports to the appropriate authority, as well as the time required to collect the information ( e. g., samples) needed to complete the report. The recordkeeping burden estimates include the time associated with copying, filing and maintaining the records. In addition some states and the federal government will be affected in their role as administrators of the programs. August 13, 2000 15 Sections 402/ 404 allow training providers, firms, and individuals to apply for accreditation/ certification simultaneously in multiple states. While EPA anticipates that many entities may file multi state applications, the extent to which this will happen is unknown at this time. Therefore, this ICR continues to assume that entities apply in one state only. To the extent that applicants take advantage of the relatively low costs associated with applying to additional states under the multi state application process, this analysis may have underestimated the number of entities administered by state and EPA regional programs.

Training Providers Initial Accreditation. A training program may seek accreditation to offer courses in any of the following disciplines: inspector, risk assessor, project designer, supervisor, or worker. However, before training providers can apply for accreditation, they must familiarize themselves with the specific requirements of the rule, as well as compare the contents of their current training courses ( if any) to the requirements specified in the rule. Included in this burden estimate is the managerial time spent in deciding if the training provider should offer lead based paint training. Based on estimates provided in the Regulatory Impact Analysis of the Interim Rule to Revise the Asbestos Model Accreditation Plan ( MAP) ( EPA, 1993), this analysis assumes a total burden of 8 hours associated with rule familiarization and determination of applicability.

If the training provider decides to apply for accreditation, an application must be submitted to EPA containing the following information:

C the training provider's name, address, and telephone number, C a list of courses for which it is applying for accreditation, C a statement signed by the training program manager that clearly indicates how the training program meets the minimum requirement for accreditation, or a statement that indicates that the training program will use the EPAdeveloped curriculum if available, C a copy of the course test, a description of the activities and procedures for conducting the assessment of hands on skills, and a description of the facilities and equipment for lecture and hands on training, and C a quality control plan, which outlines procedures for periodic revision of training materials and exams, annual reviews of instructors, and adequacy of training facilities.

The burden of completing the accreditation statement varies depending on whether the training provider adopts the EPA developed curriculum or chooses to use their own training curriculum. The burden associated with implementing a non EPA curriculum, and providing documentation demonstrating that the curriculum meets certain minimum requirements is significantly greater than adopting the EPA curriculum. Given the similarity between requirements, data collected to assess the burden of preparing an accreditation statement for training approval under the Asbestos MAP were used to estimate the burden August 13, 2000 16 of the training provider approval process required by this rule. Based on the Asbestos MAP, the burden associated with adoption of the EPA curriculum is estimated to be 4 hours, or 40 hours if training providers use their own curriculum. At this time, there is no firm basis for estimating the proportion of training providers that will adopt the EPA curriculum versus those that will use their own. This analysis assumes that most training providers ( 90 percent) will adopt the EPA curriculum, resulting in an average burden of 7.6 hours (( 0.90* 4 hours) + ( 0.10* 40 hours)) of professional time for completion of the accreditation statement. The analysis further assumes two hours of clerical time required for completion of the accreditation statement.

The burden associated with developing the quality control plan is the same for all training providers whether they adopt the EPA curriculum or develop their own. Similar data for estimating the quality control plan burden were not available in the Asbestos MAP. Due to data limitations, this analysis assumes that the preparation of the quality control plan will take 8 hours of professional time and 2 hours of clerical time.

Quadrennial Reporting. Training provider accreditations are valid for a period of 4 years. Training providers seeking re accreditation are required to submit an application to the approving authority containing:

C the training provider's name, address, and telephone number, C a list of courses for which it is applying for re accreditation, C a description of any changes or updates to the training facility or equipment that would adversely affect the students ability to learn, C a statement signed by the program manager certifying that the program complies, with all of the requirements of this rule including recordkeeping and reporting requirements.

Limited data are available regarding the burden of re accreditation. Therefore, this analysis makes the simplifying assumption that it will take one half of the time it took to apply for initial certification ( i. e., 4.8 hours). An audit may also be performed by the approving authority to verify the certification statement and the contents of the application. At this time, the proportion of applicants audited is unknown. This analysis assumes that 10 percent of all programs applying for re accreditation will be audited in a given year. Total burden for a training provider to prepare for and participate in an audit is assumed to be 2 hours professional and 4 hours of clerical time because much of the work will be assembling files for the auditor.

Annual Recordkeeping. There are significant first year and subsequent year recordkeeping burdens for training providers. Sections 402( a) and 404 of TSCA require that training providers keep records on:

C qualifications of the training manager and work practice instructors, C curriculum/ course materials, and documents reflecting any changes made to these materials, C course test blueprint, August 13, 2000 1 See Chapter 9 of the TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis.

17 C hands on skills assessment methodology, C quality control plan, C student files ( including hands on skills assessments, course test results), and C any other materials that were submitted to the EPA as part of the program's application for accreditation.

These reports must be held for a minimum period of three and one half years. EPA estimates that, in total, training provider records will be 11 pages plus two pages for each of their students. 1 The filing burden is calculated as a per report/ file burden, and is not affected by the number of pages in the report; the number of pages only affects the cost of materials. Therefore, the recordkeeping burden estimates for training providers include labor associated with the filing and maintenance of the records only ( one hour of clerical time).

Based on estimates in the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule ( the Fees Rule EA), during the initial two years of this program, 51 training providers will participate in EPA administered programs and 126 training providers will participate in state administered training programs. Based on the current number of EPA administered training providers accredited by mid October 1999, this analysis assumes that 35 EPA administered training providers will receive accreditation by the end of calender year 1999 and the remaining 16 EPA administered training providers will receive accreditation during calender year 2000. In the absence of specific data on the current status of state administered programs, this analysis assumes that the rate of accreditation is the same as in the EPA administered states. Therefore, it is assumed that 85 training providers will be accredited in 1999 and 41 in 2000. All entities receiving accreditation in the same year are referred to as a cohort. Each year, some members of the cohort exit the business. Their number is made up by new entrants who form a new cohort. The number of training providers in each cohort was calculated using an entry/ exit rate of two percent annually ( from the Fees Rule EA).

This analysis estimates the burden for all training providers in the calender year 2000 to be 1,242 hours for training providers in state administered programs and 503 hours for training providers in EPA administered programs. The total reporting and recordkeeping burden for all training providers in calender year 2000 is estimated to be 1,744 hours. In 2001 the total reporting and recordkeeping burden for all training providers drops to 241 hours, due to the initial surge of accreditations having passed, and remains at this level in calender year 2002. Exhibit 6.1. below summarizes the burden of the reporting and annual recordkeeping requirements for training providers. August 13, 2000 18 Exhibit 6.1. Training Providers: Reporting and Recordkeeping Burden Estimates Burden Element Professional Hours Clerical Hours Burden Hours Per Training Provider Accreditation Rule Familiarization 8.00 0.00 8.00 Accreditation Statement 7.60 2.00 9.60 Quality Control Plan 8.00 2.00 10.00 Annual Burden Recordkeeping* 0.00 0.81 0.81 Quadrennial Burden ( In Addition to the Annual Burden)

Re accreditation 3.80 1.00 4.80 Audit** 0.20 0.40 0.60 Burden Per Training Provider First Year of Operation 28.41 Second, Third, and Fourth Year of Operation 0.81 Fifth Year of Operation 6.21 Training Providers Per Calender Year Number of State Administered Entities Number of EPA Administered Entities 2000 2001 2002 2000 2001 2002 Year 1 41 3 3 17 1 1 Year 2 85 40 2 34 16 1 Year 3 0 83 40 0 34 16 Year 4 0 0 81 0 0 33 Burden Per Calender Year State Administered Entities EPA Administered Entities 2000 2001 2002 2000 2001 2002 Burden Hours 1,242 171 171 503 69 69 Burden Summary Per Calender Year 2000 2001 2002 Total Burden Hours 1,744 241 241 * ( 17,249 student files/ 177 training providers) * 0.0083 hours per report = 0.809 hours. ** This analysis assumes that 10 percent of all programs applying for re accreditation will be audited Note( s): numbers may not calculate due to rounding. Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999). Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, Regulatory Impact Analysis of the Interim Rule to Revise the Asbestos Model Accreditation Plan ( MAP), and TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis August 13, 2000 19 Firms Performing Lead based Paint Activities Initial Certification. In order to perform the lead based paint activities that are regulated under sections 402( a) and 404, firms performing lead based paint activities, such as inspections and abatements, are required to seek certification from the approving authority. Similar to training providers, these firms must first familiarize themselves with the specific requirements of the rule. They must also determine if it is profitable to enter the market for lead based paint activities. This analysis assumes that it will take only 6 hours for firms, as opposed to 8 hours for training providers, for rule familiarization because firms do not need to compare and contrast as much information. If a firm decides to enter the market, a certification letter must be sent to the approving authority indicating that the firm will follow the standards set forth in the rule and will employ only certified employees. The cost of certifying individuals is discussed in a later section. The professional burden estimate of one hour and the clerical burden estimate of 0.5 hours for initial certification is taken from Chapter 9 of TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis.

Annual Reporting and Recordkeeping. While performing lead based paint activities, firms are required to complete and maintain a number of reports including:

C an inspection report describing the areas inspected and the results of the inspection, C a risk assessment/ lead hazard screen report, which includes the sampling results and the associated hazards, C a pre abatement plan identifying the areas requiring abatement and the methods that will be employed to remediate the hazard and protect workers, and C a post abatement report detailing the activities undertaken to eliminate the hazard.

The total number of events are based on the prior ICR. This analysis derives the total number of events by multiplying the number of events and the total number of firms from the prior ICR and dividing this number by the total number of firms from the fees rule.

The analysis in the TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis makes two assumptions about the certification and reporting requirements of firms performing leadbased paint activities. First, because it is current industry practice to report and maintain the records from a lead inspection, there is no incremental reporting/ recordkeeping burden associated with this activity. Additionally, there are no incremental costs associated with the reporting and recordkeeping of lead hazard screens as defined by this rule. Second, since the various reports will be completed by the inspector, risk assessor, project designer, or supervisor, no clerical support will be required for the reporting requirements; clerical support will be needed for the recordkeeping requirements. August 13, 2000 20 The burden of completing the reports mentioned above varies by report and is indicated in Exhibit 6.2. The reporting burden estimates include the time associated with collecting the information needed ( e. g., samples) to complete the reports.

At the time this analysis was conducted, no firms in EPA administered programs had received certification. It is anticipated that firms and individuals will seek certification just before the deadline in order to maximize the length of time for which their certification is usable. Therefore this analysis assumes that all firms will receive certification during calender year 2000. In the absence of specific data on the current status of state administered programs, this analysis assumes that all firms in state administered programs will receive their initial certification during calender year 2000. The number of firms in each cohort was calculated using an entry/ exit rate of ten percent annually.

This analysis estimates the burden to all firms in the calender year 2000 to be 239,391 hours for state administered firms and 96,268 hours to EPA administered firms. The total reporting and recordkeeping burden to all firms for the calender year 2000 is estimated to be 335,659 hours. In calender years 2001 and 2002 the total annual reporting and recordkeeping burden to all firms is estimated to be 308,162 hours. Exhibit 6.2. below summarizes the burden of the reporting and annual recordkeeping requirements to firms. August 13, 2000 21 Exhibit 6.2. Firms: Reporting and Recordkeeping Burden Estimates Category Number of Events per Firm Reporting Burden Professional Burden Recordkeeping Burden Per Report Clerical Burden Burden Hours Per Firm Certification Rule Familiarization 1.00 6.00 6.00 0.000 0.000 6.00 Certification letter 1.00 1.5 * 1.50 0.008 0.008 1.51 Target Housing ( including Soil Abatements) Risk Assessment and Lead Hazard Screen Reports 16.11 1.86 29.96 0.008 0.134 30.09 Pre Abatement Notifications 4.51 0.50 2.25 0.008 0.037 2.29 Occupant Protection Plan 13.97 1.00 13.97 0.008 0.116 14.08 Post Abatement Reports 13.97 2.00 27.94 0.008 0.000 27.94 Child Occupied Facilities ( including Soil Abatements) Risk Assessment Reports 0.12 1.09 0.14 0.008 0.001 0.14 Pre Abatement Notifications 0.12 0.50 0.06 0.008 0.001 0.06 Occupant Protection Plan 0.12 1.00 0.12 0.008 0.001 0.13 Post Abatement Reports 0.12 2.00 0.25 0.008 0.001 0.25 Burden Per Firm First Year of Operation 82.49 Second and Third Year of Operation 74.98 Fourth Year of Operation 76.49 Firms Per Calender Year Number of State Administered Entities Number of EPA Administered Entities 2000 2001 2002 2000 2001 2002 Year 1 2,902 290 290 1,167 117 117 Year 2 0 2,612 261 0 1,050 105 Year 3 0 0 2,351 0 0 945 Burden Per Calender Year State Administered Entities EPA Administered Entities 2000 2001 2002 2000 2001 2002 Burden Hours 239,391 219,781 219,781 96,268 88,382 88,382 Burden Summary Per Calender Year 2000 2001 2002 Total Burden Hours 335,659 308,162 308,162 * Includes 0.5 hours clerical time. Note( s): Numbers may not calculate due to rounding. Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. All firms will receive initial certification during calender year 2000 ( Currently, no firms have completed the certification process). Source( s): TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis and Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. August 13, 2000 22 Individual Abatement Professionals Burden Initial Certification. In order to become certified to perform lead abatement activities, individuals must apply to the certifying authority. The reporting requirements for certification are the same for inspectors, risk assessors, and supervisors; and for workers and project designers. Certifications are generally valid for a period of three years. In the fourth year, individuals trained in the first year who are still active will need to take refresher training and get recertified. The time associated with re certification is the same as initial certification.

The requirements for certification for inspectors, risk assessors, and supervisors include submitting proof of:

C completion of a training course, C passing the course test, C meeting the educational and/ or experience requirements ( if applicable), and C passing the third party exam.

It is estimated to take 1 hour to gather and send these documents per individual.

The requirements for project designers and workers include proof of:

C completion of a training course, and C meeting the educational and/ or experience requirement ( if applicable)

It is estimated to take ½ hour to gather and send this document per individual.

At the time this analysis was conducted, no individuals in EPA administered programs had received certification. It is anticipated that firms and individuals will seek certification just before the deadline in order to maximize the length of time for which their certification is usable. Therefore this analysis assumes that all individuals will receive certification during calender year 2000. In the absence of specific data on the current status of state administered programs, this analysis assumes that all individuals in state administered programs will receive their initial certification during calender year 2000. The number of individuals in each cohort was calculated using an entry/ exit rate of twenty percent annually for inspectors, risk assessors, supervisors and project designers, and an exit/ entry rate of thirty percent for workers.

This analysis estimates the total reporting and recordkeeping burden to all individuals in calender year 2000 to be 15,180 hours. Approximately 29 percent of this total burden is incurred by individuals in EPA administered programs. In 2001 the total reporting and recordkeeping burden to all individuals drops to 3,234 hours, due to the initial surge of certifications having passed, and remains at this level in calender year 2002. Exhibit 6.3. details the total reporting and recordkeeping burden to the individual subgroups ( e. g. inspectors, risk assessors, and workers) and summarizes the individual burden. August 13, 2000 23 Exhibit 6.3. Individual: Reporting and Recordkeeping Burden Estimates Burden per Individual Inspectors, Risk Assessors, and Supervisors Workers and Project Designers First Year of Operation 1.0 0.5 Second and Third Year of 0.0 0.0 Fourth Year of Operation 1.0 0.5 Individuals per Calender Year Number of State Administered Entities Number of EPA Administered Entities 2000 2001 2002 2000 2001 2002 Inspectors Year 1 3691 738 738 1484 297 297 Year 2* 0 2952 590 0 1188 238 Year 3* 0 0 2362 0 0 950 Risk Assessors Year 1 2952 590 590 1188 238 238 Year 2* 0 2362 472 0 950 190 Year 3* 0 0 1890 0 0 760 Supervisors Year 1 2706 541 541 1089 218 218 Year 2* 0 2165 433 0 871 174 Year 3* 0 0 1732 0 0 697 Workers Year 1 2829 849 849 1138 341 341 Year 2* 0 1980 594 0 797 239 Year 3* 0 0 1386 0 0 558 Project Designers Year 1 123 25 25 49 10 10 Year 2* 0 98 20 0 39 8 Year 3* 0 0 79 0 0 32 Burden per Calender Year 2000 2001 2002 Inspectors 5,175 1,035 1,035 Risk Assessors 4,140 828 828 Supervisors 3,795 759 759 Workers 1,984 595 595 Project Designers 86 17 17 Total Individual Burden Hours 15,180 3,234 3,234 * No reporting and recordkeeping burden/ cost incurred.

Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. All individuals will receive initial certification during calender year 2000 ( Currently, no individuals have completed the certification process).

Source( s): TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis and Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule. August 13, 2000 24 State Burden Initial Authorization. Based on the survey results presented in Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule, this analysis assumes that 32 states and the District of Columbia already have authorized state programs and that no additional states will request authorization. Based on this assumption, any burden associated with obtaining authorization has already been incurred. While additional states may seek authorization in the future, information is not available at this time upon which to estimate how many and which states may seek authorization. Thus, the number of entities to be administered in these states is also not known. However, the assumption of 32 states and the District of Columbia exceeds the actual number of 26 states, the District of Columbia, and two tribes authorized as of October 1999.

Reporting and Recordkeeping. The previous version of this ICR estimated the burden to states of program authorization but did not assume administration of entities to be a burden of this rule. However, this revised version does include a burden estimate for the state and federal administration of training providers, firms, and individuals by using state level survey data collected for the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule.

The state level survey data provides burden hours for the following activities for both the certification and re certification of state administered training providers, firms and individuals:

 Application Processing and Recordkeeping  Certification Exam Processing and Recordkeeping  Training Course Audits  Fee Transactions and Waivers  Issuance of Certification Documents  Public Assisstance/ Outreach  Reporting ( to overseeing agencies)  Other Management This analysis multiplied these state level survey data burden hours by the number of state administered training providers, firms, and individuals found in the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule in order to estimate the total burden to all states of administering training providers, firms and individuals.

The total reporting and recordkeeping burden to all states with authorized programs in calender year 2000 is estimated to be 99,734 hours. In 2001 the total reporting and recordkeeping burden to all states with authorized programs drops to 19,025 hours, due to the initial surge of accreditations and certifications having passed, and remains at this level in calender year 2002. Exhibit 6.4. details the total reporting and recordkeeping burden to each type of EPA administered entity ( e. g., training provider, firm, and individual) and summarizes the burden to states for program administration. August 13, 2000 25 Exhibit 6.4. State: Reporting and Recordkeeping Burden Estimates Burden per Entity Type Clerical Hours Technical Hours Managerial Hours Certify Re certify Certify Re certify Certify Re certify Training Providers 3.36 1.40 28.37 10.13 8.93 7.63 Firms 0.61 0.44 4.73 4.25 2.90 2.90 Individuals 1.56 1.36 3.15 1.80 1.32 0.76 Entities per Calender Year Number of State Administered Entities 2000 2001 2002 Training Providers Year 1 41 3 3 Year 2* 85 40 2 Year 3* 0 83 40 Year 4* 0 0 81 Firms Year 1 2,902 290 290 Year 2* 0 2,612 261 Year 3* 0 0 2,351 Individuals Year 1 12,301 2,743 2,743 Year 2* 0 9,558 2,110 Year 3* 0 0 7,448 Burden per Calender Year 2000 2001 2002 Training Providers 1,679 102 102 Firms 23,930 2,393 2,393 Individuals 74,126 16,530 16,530 Total State Burden Hours 99,734 19,025 19,025 * No reporting and recordkeeping burden/ cost incurred.

Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999).

All firms will receive initial certification during calender year 2000. ( Currently, no firms have completed the certification process.) All individuals will receive initial certification during calender year 2000. ( Currently, no individuals have completed the certification process.)

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, and the data summary from the nine state lead accreditation and certification program survey August 13, 2000 26 6( b) Estimating Respondent Costs Introduction The cost estimates addressed in this section are based on the burden estimates discussed in section 6( a). Wage rates for each category of personnel are based on wage rate information from the Bureau of Labor Statistics ( BLS), and the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule. All wage rates are reported in 1998 U. S. dollars. The following fringe and overhead factors from the fees rule and the Comprehensive Assessment Information Rule ( CAIR) were applied:

 Government Employees 1.6 ( fees rule)  Managerial Non government 1.64 ( CAIR)  Technical Non government 1.65 ( CAIR)  Clerical Non government 1.66 ( CAIR).

The following table presents the wage rates used in this analysis including fringe and overhead ( 1998 U. S. dollars):

Professional non government ( BLS Other Professional 39999) ` $ 32.70 Clerical non government ( BLS Secretaries 55108) ` $ 19.86 Managerial  states ( GS 13, Step 1) $ 42.18 Technical   states ( GS 11, Step 1) $ 29.58 Clerical   states ( GS 6, Step 1) $ 17.98 Managerial   EPA Headquarters ( GS 13, Step 1) $ 42.91 Technical   EPA Headquarters ( GS 11, Step 1) $ 30.11 Clerical   EPA Headquarters ( GS 6, Step 1) $ 18.30 Technical   EPA Regions ( GS 11, Step 1) $ 29.58 Inspector ( BLS Chemical Technicians 24505) ` $ 26.50 Risk Assessor ( BLS Construction and Building Inspectors 21908) ` $ 31.04 Project Designer ( BLS Construction Managers 15017) ` $ 40.60 Supervisor ( BLS Other Construction Supervisors and Managers 81099) ` $ 30.93 Worker ( BLS Painters and Paper Hangers 87402) ` $ 22.26 ` Inflated from 1997 U. S. dollars to 1998 U. S. dollars using the GDP inflator.

Training Providers Based on occupational descriptions accompanying the BLS data, the BLS occupational wage rates of Other Professionals and Secretaries were chosen to calculate the professional and clerical labor costs. These wage rates were updated using the GDP inflator and multiplied by the overhead and fringe factors of 1.65 for professional and 1.66 for clerical staff. The final loaded wage rates were $ 32.70 for professional staff and $ 19.86 for clerical staff.

Based on the burden estimates provided in Section 6( a) and the wage rates August 13, 2000 27 discussed above, this analysis estimates the cost to training providers in the calender year 2000 at $ 37,144 for training providers in state administered programs and $ 15,035 for ones in EPA administered programs. The total reporting and recordkeeping cost for all training providers in calender year 2000 is estimated to be $ 52,179. In calender year 2001 the total reporting and recordkeeping cost for all training providers drops to $ 5,819, due to the initial surge of accreditations having passed, and remains at this level in calender year 2002. Exhibit 6.5. below summarizes the cost of the reporting and annual recordkeeping requirements for training providers.

Exhibit 6.5. Training Providers: Reporting and Recordkeeping Cost Estimates Cost Element Professional ($ 32.70/ hr) Clerical ($ 19.86/ hr) Burden Hours Cost ($) Per Training Provider Accreditation Rule Familiarization 8.00 0.00 8.00 $ 261.60 Accreditation Statement 7.60 2.00 9.60 $ 288.25 Quality Control Plan 8.00 2.00 10.00 $ 301.33 Annual Cost Recordkeeping* 0.00 0.74 0.74 $ 15.85 Quadrennial Cost ( In Addition to Annual Cost) Re accreditation 3.80 1.00 4.80 $ 144.12 Audit** 0.20 0.40 0.60 $ 14.49 Cost Per Training Provider First Year of Operation $ 867.03 Second, Third and Fourth Year of Operation $ 15.85 Fifth Year of Operation $ 174.46 Cost Per Calender Year State Administered Entities EPA Administered Entities 2000 2001 2002 2000 2001 2002 Cost $ 37,144 $ 4,142 $ 4,142 $ 15,035 $ 1,677 $ 1,677 Cost Summary Per Calender Year 2000 2001 2002 Total Cost $ 52,179 $ 5,819 $ 5,819 * ( 17,249 student files/ 177 training providers) * 0.0083 hours per report = 0.809 hours. ** This analysis assumes that 10 percent of all programs applying for re accreditation will be audited Note( s): numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999).

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis, and the Bureau of Labor Statistics. August 13, 2000 28 Firms Performing Lead based Paint Activities Costs The recordkeeping costs fall under two categories: labor and materials. The cost estimates used in this analysis rely heavily on the burden estimates developed for the analysis of section 406 ( USEPA, 1993c). Recordkeeping labor costs consist of the time associated with the actual filing of the records. The analysis of section 406 estimates that the time associated with filing each report, regardless of size, is 0.5 minutes or 0.0083 hours. Copying costs are calculated based on $ 0.06 per copy multiplied by the total number of pages to be copied; only one copy is required.

As detailed in Section 6( a), the total number of events are based on the prior ICR. The wage rates used to represent professional and clerical labor costs are the same as those detailed above for training providers.

Based on the burden estimates provided in Section 6( a) and the professional and clerical wage rates described in the above section for training providers, this analysis estimates the cost to all firms in the calender year 2000 at $ 7,866,483 for firms in state administered programs and $ 3,163,400 for firms in EPA administered programs. The total reporting and recordkeeping cost to all firms for the calender year 2000 is estimated to be $ 11,029,883. In calender years 2001 and 2002 the total annual reporting and recordkeeping cost for all firms is estimated to be $ 10,130,839. Exhibit 6.6. below summarizes the cost of the reporting and annual recordkeeping requirements for firms. August 13, 2000 29 Exhibit 6.6. Firms: Reporting and Recordkeeping Cost Estimates Category Average Reporting Cost Per Firm Average Recordkeeping Cost Per Firm* Total Number of Pages Per Firm Material cost (@ $ 0.06per page) Average Cost Per Firm Certification Rule Familiarization ($ 32.70/ hr) $ 196.20 $ 0.00  $ 0.00 $ 196.20 Certification letter ($ 32.70/ hr) $ 49.05 $ 0.16 1.39 $ 0.08 $ 49.30 Target Housing ( including Soil Abatements)

Risk Assessment and lead hazard screen reports ($ 31.04/ hr) $ 929.87 $ 2.66 64.43 $ 3.87 $ 936.39 Pre Abatement Notifications ($ 30.93/ hr) $ 69.69 $ 0.74 9.03 $ 0.54 $ 70.98 O c c u p a n t P r o t e c t i o n P l a n ($ 40.60/ hr) $ 567.15 $ 2.30 41.86 $ 2.51 $ 571.96 Post Abatement Reports ($ 30.93/ hr) $ 864.25 $ 0.00 41.86 $ 2.51 $ 866.76 Child Occupied Facilities ( including Soil Abatements)

Risk Assessment and lead hazard screen reports ($ 31.04/ hr) $ 4.23 $ 0.02 0.49 $ 0.03 $ 4.28 Pre Abatement Notifications ($ 30.93/ hr) $ 1.93 $ 0.02 0.25 $ 0.01 $ 1.97 O c c u p a n t P r o t e c t i o n P l a n ($ 40.60/ hr) $ 5.07 $ 0.02 0.25 $ 0.01 $ 5.11 Post Abatement Reports ($ 30.93/ hr) $ 7.73 $ 0.02 0.25 $ 0.01 $ 7.77 Cost Per Firm First Year of Operation $ 2,710.71 Second and Third Year of Operation $ 2,465.21 Fourth Year of Operation $ 2,514.51 Cost Per Calender Year State Administered Entities EPA Administered Entities 2000 2001 2002 2000 2001 2002 Cost $ 7,866,483 $ 7,225,288 $ 7,225,288 $ 3,163,400 $ 2,905,552 $ 2,905,552 Cost Summary Per Calender Year 2000 2001 2002 Total Cost $ 11,029,883 $ 10,130,839 $ 10,130,839 * .0083 hours per report @ $ 19.86/ hr Note( s): Numbers may not calculate due to rounding. Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. All firms will receive initial certification during calender year 2000 ( Currently, no firms have completed the certification process). Source( s): TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis, Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, and the Bureau of Labor Statistics. August 13, 2000 30 Individuals Performing Lead Abatement Based on occupational descriptions accompanying the BLS data, the BLS occupational wage rates of Chemical Technicians, Construction and Building Inspectors, Construction Managers, Other Construction Supervisors and Managers, and Painters and Paper Hangers were chosen to calculate the professional and clerical labor costs of inspectors, risk assessors, project designers, supervisors, and workers respectively. These wage rates were updated using the GDP inflator and multiplied by an overhead and fringe factor of 1.65 for technical non governmental staff ( CAIR). The final loaded wage rates were $ 26.50/ hr for inspectors, $ 31.04/ hr for risk assessors, $ 40.60/ hr for project designers, $ 30.93/ hr for Supervisors, and $ 22.26/ hr for workers.

Based on the cost estimates provided in Section 6( a) and the wage rates discussed above, this analysis estimates the total reporting and recordkeeping cost to all individuals in calender year 2000 to be $ 430,661. Approximately 29 percent of this total cost is incurred by individuals in EPA administered programs. In 2001 the total reporting and recordkeeping cost to all individuals drops to $ 90,548, due to the initial surge of certifications having passed, and remains at this level in calender year 2002. Exhibit 6.7. details the total reporting and recordkeeping cost to the individual subgroups ( e. g., inspectors, risk assessors, and workers) and summarizes the individual cost.

Exhibit 6.7. Individual: Reporting and Recordkeeping Cost Estimates Cost per Calender Year 2000 2001 2002 Inspectors ($ 26.50/ hr.) $ 137,117 $ 27,423 $ 27,423 Risk Assessors ($ 31.04/ hr.) $ 128,496 $ 25,699 $ 25,699 Supervisors ($ 30.93/ hr.) $ 117,398 $ 23,480 $ 23,480 Workers ($ 22.26/ hr.) $ 44,158 $ 13,248 $ 13,248 Project Designers ($ 40.60/ hr.) $ 3,492 $ 698 $ 698 Total Individual Cost $ 430,661 $ 90,548 $ 90,548 Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation All individuals will receive initial certification during calender year 2000 ( Currently, no individuals have completed the certification process).

Source( s): TSCA Title IV Sections 402( a) and 404: Target Housing and Child Occupied Facilities Final Rule Regulatory Impact Analysis; Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule; and the Bureau of Labor Statistics.

State Costs The reporting/ recordkeeping requirement costs include the wages associated with the burden estimated in Section 6( a). The wage rates used to calculate the state costs were based on the relevant GS level wage rates as presented in the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule. The wage rates used are $ 42.18 for managerial staff, $ 29.58 for technical staff and $ 17.98 for clerical staff. August 13, 2000 31 The total reporting and recordkeeping cost to all states with authorized programs in calender year 2000 is estimated to be $ 3,020,674. In 2001 the total reporting and recordkeeping cost to all states with authorized programs drops to $ 567,486, due to the initial surge of accreditations and certifications having passed, and remains at this level in calender year 2002. Exhibit 6.8. details the total reporting and recordkeeping cost to each type of state administered entity ( e. g., training provider, firm, and individual).

Exhibit 6.8. State Reporting and Recordkeeping Cost Estimates 2000 2001 2002 Training Providers $ 52,687 $ 3,215 $ 3,215 Firms $ 793,390 $ 79,339 $ 79,339 Individuals $ 2,174,596 $ 484,932 $ 484,932 Total State Cost $ 3,020,674 $ 567,486 $ 567,486 Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999). All firms will receive initial certification during calender year 2000 ( Currently, no firms have completed the certification process). All individuals will receive initial certification during calender year 2000 ( Currently, no individuals have completed the certification process).

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, the data summary from the nine state lead accreditation and certification program survey, and the Bureau of Labor Statistics.

6( c) Estimating Agency Burden and Cost EPA Burden Although sections 402 ( a) and 404 do not require that States develop a lead program, it is encouraged. As discussed in Section 6( a) of this ICR, however, only 32 states and the District of Columbia have sought authorization to administer their own programs under TSCA section 402. This ICR assumes that programs for the remaining states will be administered by EPA. Thus the burden on EPA due to reviewing and approving state applications to administer their own programs has already been incurred. If additional states seek authorization , the cost to EPA of reviewing and approving these applications will be offset by the reduction in EPA hours used to administer the programs.

This analysis estimates the agency burden of administering training providers, firms, and individuals in unauthorized states by using state level survey data collected for the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule and assumes that the EPA Regional Offices will play the major role in administering the section 402 requirements in states without their own programs, while EPA Headquarters will coordinate the regional activities, provide public assistance and perform other activities.

Based on these assumptions and data, the total burden to EPA regions in calender year 2000 is estimated to be 40,119 hours. In 2001 the total reporting and recordkeeping August 13, 2000 32 burden to EPA regions drops to 7,653, due to the initial surge of accreditations and certifications having passed, and remains at this level in calender year 2002. Exhibit 6.9. details the total reporting and recordkeeping burden to each type of EPA administered entity ( e. g., training provider, firm, and individual).

In addition the annual burden to EPA Headquarters is estimated to be 728 hours for each calender year of the analysis ( See Exhibit 6.10.). Thus the total EPA burden in calender year 2000 is 40,847 hours and drops to 8,381 hours for calender years 2001 and 2002.

Exhibit 6.9. EPA Regions: Reporting and Recordkeeping Burden Estimates EPA Region Burden per Entity Type Clerical Hours Technical Hours Managerial Hours Certify Re certify Certify Re certify Certify Re certify Training Providers 3.36 1.40 28.37 10.13 8.93 7.63 Firms 0.61 0.44 4.73 4.25 2.90 2.90 Individuals 1.56 1.36 3.15 1.80 1.32 0.76 Entities per Calender Year Number of State Administered Entities 2000 2001 2002 Training Providers Year 1 17 1 1 Year 2* 34 16 1 Year 3* 0 34 16 Year 4* 0 0 33 Firms Year 1 1,167 117 117 Year 2* 0 1,050 105 Year 3* 0 0 945 Individuals Year 1 4,948 1,103 1,103 Year 2* 0 3,845 849 Year 3* 0 0 2,996 Burden per Calender Year 2000 2001 2002 Training Providers 679 41 41 Firms 9,623 962 962 Individuals 29,817 6,649 6,649 Total EPA Regional Burden 40,119 7,653 7,653 * No reporting and recordkeeping burden/ cost incurred.

Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999). All firms will receive initial certification during calender year 2000 ( Currently, no firms have completed the certification process). All individuals will receive initial certification during calender year 2000 ( Currently, no individuals have completed the certification August 13, 2000 33 process).

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, and the data summary from the nine state lead accreditation and certification program survey.

Exhibit 6.10. EPA Headquarters: Reporting and Recordkeeping Burden Estimates Annual EPA Headquarters Burden Clerical Burden Technical Burden Managerial Burden Coordinate with Regions* 0.00 104.00 0.00 Public Assistance* 104.00 104.00 0.00 Other* 104.00 104.00 208.00 Annual Burden to Headquarters 728 * HQ administrative burden and costs from the Fees Rule; for all EPA administered States Assumption( s): The distribution of entities between States and EPA will not change over the three year period covered by this analysis.

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, and the data summary from the nine state lead accreditation and certification program survey.

EPA Cost The burden associated with EPA certification of state programs were estimated above. The labor rates used correspond to the appropriate GS level, and differ between Regions and Headquarters due to cost of living adjustments. These adjusted labor rates were taken from the Economic Analysis of the Final TSCA Section 402( a)( 3) Lead Based Paint Accreditation and Certification Fee Rule. The costs include a factor of 0.60 to account for federal fringe and overhead.

Based on these estimates, the reporting and recordkeeping cost to EPA regions in calender year 2000 is estimated to be $ 1,215,095. In 2001 the total reporting and recordkeeping cost to EPA regions drops to $ 228,267, due to the initial surge of accreditations and certifications having passed, and remains at this level in calender year 2002. Exhibit 6.11. details the total reporting and recordkeeping cost to each type of EPA administered entity ( e. g., training provider, firm, and individual). The annual cost to EPA Headquarters is estimated to be $ 22,126 for each calender year of the analysis ( See Exhibit 6.12.). Thus the total EPA cost in calender year 2000 is $ 1,237,221 and drops to $ 250,393 for calender years 2001 and 2002.

There will be additional costs involved in transitioning from an existing federal program to an authorized state program in states that receive authorization after the federal program has been fully established. Currently, we do not have a way of estimating the additional burden, nor the number of state programs potentially affected. Such changes would also reduce the annual burden on EPA.

Exhibit 6.11. EPA Regions: Reporting and Recordkeeping Cost Estimates August 13, 2000 34 2000 2001 2002 Training Providers $ 21,326 $ 1,301 $ 1,301 Firms $ 319,051 $ 31,905 $ 31,905 Individuals $ 874,718 $ 195,061 $ 195,061 Total EPA Regional Cost $ 1,215,095 $ 228,267 $ 228,267 Note( s): Numbers may not calculate due to rounding.

Assumption( s): EPA and State administered programs are at approximately the same point in program implementation. 69% of all Training Providers will be accredited by December 31, 1999 ( based on EPA estimate that approximately 35 will be accredited in EPA administered programs by end of 1999). All firms will receive initial certification during calender year 2000 ( Currently, no firms have completed the certification process). All individuals will receive initial certification during calender year 2000 ( Currently, no individuals have completed the certification process).

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, the data summary from the nine state lead accreditation and certification program survey, and the Bureau of Labor Statistics.

Exhibit 6.12. EPA Headquarters: Reporting and Recordkeeping Cost Estimates Annual EPA Headquarters Cost Clerical ($ 18.30/ hr.) Technical ($ 30.11/ hr.) Managerial ($ 42.91/ hr.) Coordinate with Regions* $ 0.00 $ 3,131.44 $ 0.00 Public Assistance* $ 1,903.20 $ 3,131.44 $ 0.00 Other* $ 1,903.20 $ 3,131.44 $ 8,925.28 Annual Cost to Headquarters $ 22,126 * HQ administrative burden and costs from the Fees Rule; for all EPA administered States Note( s): Numbers may not calculate due to rounding. Assumption( s): The distribution of entities between States and EPA will not change over the three year period covered by this analysis.

Source( s): Economic Analysis of the Final TSCA Section 402 ( a) ( 3) Lead Based Paint Accreditation and Certification Fee Rule, and the data summary from the nine state lead accreditation and certification program survey.

6( d) Bottom Line Burden Hours and Cost ( i) Respondent Tally As indicated in the table below, the total annual respondent burden and costs for the collection of this information in the first effective year is estimated to be 1,744 hours and $ 52,179 for the estimated 177 training providers; 335,659 hours and $ 11,029,883 for the estimated 4,069 firms performing lead based paint activities; 15,180 hours and $ 430,661 for the 17,249 individual lead personnel; and 99,734 hours and $ 3,020,674 for the states ( i. e., 32 states and the District of Columbia). The total annual respondent burden for the collection of this information in the second and third effective years is estimated to be 241 hours and $ 5,819 for the estimated 177 training providers; 308,162 hours and $ 10,130,839 for the estimated 4,069 firms performing lead based paint activities; 3,234 hours and $ 90,548 for the 17,249 individual lead personnel; and 19,025 hours and $ 567,486 for the states. August 13, 2000 35 2000 2001 2002 Burden Hours Costs Burden Hours Costs Burden Hours Costs Training Providers 1,744 $ 52,179 241 $ 5,819 241 $ 5,819 Firms Performing Lead based Paint Activities 335,659 $ 11,029,883 308,162 $ 10,130,839 308,162 $ 10,130,839 Individuals 15,180 $ 430,661 3,234 $ 90,548 3,234 $ 90,548 States 99,734 $ 3,020,674 19,025 $ 567,486 19,025 $ 567,486 Total 452,317 $ 14,533,397 330,663 $ 10,794,692 330,663 $ 10,794,692 Therefore the average, annualized burden and cost to respondents are as follows:

Annualized burden = 452,317 + 330,663 + 330,663 / 3 years = 371,214 hours Annualized cost = $ 14,533,397 + $ 10,794,692 + $ 10,794,692 / 3 years = $ 12,040,927 ( ii) Agency Tally Similarly, the total annual burden and costs to the Agency associated with this information collection in the first effective year and in the second and third effective years are shown below.

2000 2001 2002 Burden Hours Costs Burden Hours Costs Burden Hours Costs Regions 40,119 $ 1,215,095 7,653 $ 228,267 7,653 $ 228,267 Headquarters 728 $ 22,126 728 $ 22,126 728 $ 22,126 Total 40,847 $ 1,237,221 8,381 $ 250,393 8,381 $ 250,393 Therefore the average, annualized burden and cost to the Agency are as follows:

Annualized burden = 40,847 + 8,381 + 8,381 / 3 years = 19,203 hours Annualized cost = $ 1,237,221+ $ 250,393 + $ 250,393 / 3 years = $ 579,336 6( e) Reasons For Change in Burden Compared with the ICR previously approved by OMB, there is a net decrease of 32,327 hours in the estimated burden to respondents, from an estimated annual total burden of 403,541 hours currently approved to an estimated annual total burden of 371,214 hours in this request. This decrease reflects a number of factors, all of which represent adjustments in the burden and costs calculations. These adjustments are directly related to the progress in implementing this program, which was being newly established when the previous ICR was approved. The factors are desribed in more detail in other sections of this ICR, and include the elimination of the burden and costs specifically associated with the initial implamentation of the program. In addition, the initial ICR was developed before the program was underway, and relied on burden estimates developed as part of the TSCA 402/ 404 rulemaking, and experience with other similar rules, such as the Asbestos MAP. Wage rates were updated to reflect current economic conditions, and better estimates are now available on the likely burden and costs related to this program. Finally, a more accurate estimate of the number of states that sought August 13, 2000 authorization to run their own programs is available; the initial ICR assumed all states would seek authorization.

6( f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0155, is estimated to average 17.2 hours per response ( 371,214 average annual burden hours ÷ 21,527 average annual respondents). According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it 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. 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, after initial display in the final rule, are listed in 40 CFR part 9, and appear on the information collection instrument ( i. e., form or instructions).

At any time, you may send 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 through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( Mail Code 2822), Ariel Rios Building, 1200 Pennsylvania Avenue, N. W., Washington, D. C. 20460. Include the OMB control number in any correspondence but do not submit the requested information to this address. The requested information should be submitted in accordance with the instructions accompanying the form, or as specified in the corresponding regulation.

ATTACHMENTS:

[ NOTE: Unless otherwise noted, an electronic version of the listed attachment appears in the electronic file for the ICR, following the main text of the Supporting Statement.]

A  Sections 402 and 404 of the Toxic Substances Control Act ( 15 USC 2682, 2684)

B  40 CFR 745, Subparts L and Q; Lead Based Paint Poisoning Prevention in Certain Residential Structures; Subpart L  Lead Based Paint Activities; Subpart Q  State and Indian Tribal Programs C  Response to Comments D  Application and Instructions Used in the Federal Program ( These new documents are not yet available electronically. They will be added to the Lead Homepage as August 13, 2000 soon as they are. Please check the Home page at http:// www. epa. gov/ lead/, or contact EPA.) August 13, 2000 A  1 ATTACHMENT A Toxic Substances Control Act ( TSCA) Sections 402 and 404 ( 15 USC 2682, 2684)

Sec. 2682. Lead based paint activities training and certification ( a) Regulations ( 1) In general Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services ( acting through the Director of the National Institute for Occupational Safety and Health), promulgate final regulations governing lead based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified contractors, as such term is defined in section 4851b of title 42. The provisions of this section shall supersede the provisions set forth under the heading '' Lead Abatement Training and Certification'' and under the heading '' Training Grants'' in title III of the Act entitled '' An Act making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, commissions, corporations, and offices for the fiscal year ending September 30, 1992, and for other purposes'', Public Law 102 139 ( 105 Stat. 765, 42 U. S. C. 4822 note), and upon October 28, 1992, the provisions set forth in such public law under such headings shall cease to have any force and effect. ( 2) Accreditation of training programs Final regulations promulgated under paragraph ( 1) shall contain specific requirements for the accreditation of lead based paint activities training programs for workers, supervisors, inspectors and planners, and other individuals involved in lead based paint activities, including, but not limited to, each of the following: ( A) Minimum requirements for the accreditation of training providers. ( B) Minimum training curriculum requirements. ( C) Minimum training hour requirements. ( D) Minimum hands on training requirements. ( E) Minimum trainee competency and proficiency requirements. ( F) Minimum requirements for training program quality control. ( 3) Accreditation and certification fees The Administrator ( or the State in the case of an authorized State program) shall impose a fee on  ( A) persons operating training programs accredited under this subchapter; and ( B) lead based paint activities contractors certified in accordance with paragraph ( 1). The fees shall be established at such level as is necessary to cover the costs of administering and enforcing the standards and regulations under this section which are applicable to such programs and contractors. The fee shall not be imposed on any State, local government, or nonprofit training program. The Administrator ( or the State in the case of an authorized State program) may waive the fee for lead based paint activities contractors under subparagraph ( A) for the purpose of training their own employees.

( b) Lead based paint activities For purposes of this subchapter, the term '' lead based paint activities'' means  ( 1) in the case of target housing, risk assessment, inspection, and abatement; and ( 2) in the case of any public building constructed before 1978, commercial building, bridge, or other structure or superstructure, identification of lead based paint and materials containing lead based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph ( 2), the term '' deleading'' means activities conducted by a person who offers to eliminate lead based paint or lead based paint hazards or to plan such activities. August 13, 2000 A  2 ( c) Renovation and remodeling ( 1) Guidelines In order to reduce the risk of exposure to lead in connection with renovation and remodeling of target housing, public buildings constructed before 1978, and commercial buildings, the Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged in such renovation and remodeling through hardware and paint stores, employee organizations, trade groups, State and local agencies, and through other appropriate means. ( 2) Study of certification The Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings are exposed to lead in the conduct of such activities or disturb lead and create a lead based paint hazard on a regular or occasional basis. The Administrator shall complete such study and publish the results thereof within 30 months after October 28, 1992. ( 3) Certification determination Within 4 years after October 28, 1992, the Administrator shall revise the regulations under subsection ( a) of this section to apply the regulations to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead based paint hazards. In determining which contractors are engaged in such activities, the Administrator shall utilize the results of the study under paragraph ( 2) and consult with the representatives of labor organizations, lead based paint activities contractors, persons engaged in remodeling and renovation, experts in lead health effects, and others. If the Administrator determines that any category of contractors engaged in renovation or remodeling does not require certification, the Administrator shall publish an explanation of the basis for that determination.

Sec. 2684. Authorized State programs ( a) Approval Any State which seeks to administer and enforce the standards, regulations, or other requirements established under section 2682 or 2686 of this title, or both, may, after notice and opportunity for public hearing, develop and submit to the Administrator an application, in such form as the Administrator shall require, for authorization of such a State program. Any such State may also certify to the Administrator at the time of submitting such program that the State program meets the requirements of paragraphs ( 1) and ( 2) of subsection ( b) of this section. Upon submission of such certification, the State program shall be deemed to be authorized under this section, and shall apply in such State in lieu of the corresponding Federal program under section 2682 or 2686 of this title, or both, as the case may be, until such time as the Administrator disapproves the program or withdraws the authorization.

( b) Approval or disapproval Within 180 days following submission of an application under subsection ( a) of this section, the Administrator shall approve or disapprove the application. The Administrator may approve the application only if, after notice and after opportunity for public hearing, the Administrator finds that  ( 1) the State program is at least as protective of human health and the environment as the Federal program under section 2682 or 2686 of this title, or both, as the case may be, and ( 2) such State program provides adequate enforcement. Upon authorization of a State program under this section, it shall be unlawful for any person to violate or fail or refuse to comply with any requirement of such program.

( c) Withdrawal of authorization If a State is not administering and enforcing a program authorized under this section in compliance with standards, regulations, and other requirements of this subchapter, the Administrator shall so notify the State and, if corrective action is not completed within a reasonable time, not to exceed August 13, 2000 A  3 180 days, the Administrator shall withdraw authorization of such program and establish a Federal program pursuant to this subchapter.

( d) Model State program Within 18 months after October 28, 1992, the Administrator shall promulgate a model State program which may be adopted by any State which seeks to administer and enforce a State program under this subchapter. Such model program shall, to the extent practicable, encourage States to utilize existing State and local certification and accreditation programs and procedures. Such program shall encourage reciprocity among the States with respect to the certification under section 2682 of this title.

( e) Other State requirements Nothing in this subchapter shall be construed to prohibit any State or political subdivision thereof from imposing any requirements which are more stringent than those imposed by this subchapter.

( f) State and local certification The regulations under this subchapter shall, to the extent appropriate, encourage States to seek program authorization and to use existing State and local certification and accreditation procedures, except that a State or local government shall not require more than 1 certification under this section for any lead based paint activities contractor to carry out lead based paint activities in the State or political subdivision thereof.

( g) Grants to States The Administrator is authorized to make grants to States to develop and carry out authorized State programs under this section. The grants shall be subject to such terms and conditions as the Administrator may establish to further the purposes of this subchapter.

( h) Enforcement by Administrator If a State does not have a State program authorized under this section and in effect by the date which is 2 years after promulgation of the regulations under section 2682 or 2686 of this title, the Administrator shall, by such date, establish a Federal program for section 2682 or 2686 of this title ( as the case may be) for such State and administer and enforce such program in such State. August 13, 2000 B  1 ATTACHMENT B 40 CFR 745, Subparts L and Q Lead Based Paint Poisoning Prevention in Certain Residential Structures Subpart L  Lead Based Paint Activities Subpart Q  State and Indian Tribal Programs TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 745 LEAD BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Table of Contents Subpart L Lead Based Paint Activities Source: 61 FR 45813, Aug. 29, 1996, unless otherwise noted.

Sec. 745.220 Scope and applicability.

( a) This subpart contains procedures and requirements for the accreditation of lead based paint activities training programs, procedures and requirements for the certification of individuals and firms engaged in lead based paint activities, and work practice standards for performing such activities. This subpart also requires that, except as discussed below, all lead based paint activities, as defined in this subpart, be performed by certified individuals and firms. ( b) This subpart applies to all individuals and firms who are engaged in lead based paint activities as defined in Sec. 745.223, except persons who perform these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level. This subpart applies only in those States or Indian Country that do not have an authorized State or Tribal program pursuant to Sec. 745.324 of subpart Q. ( c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in a lead based paint hazard, and each officer, agent, or employee thereof shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural, including the requirements of this subpart regarding lead based paint, lead based paint activities, and lead based paint hazards. ( d) While this subpart establishes specific requirements for performing lead based paint activities should they be undertaken, nothing in this subpart requires that the owner or occupant undertake any particular lead based paint activity.

Sec. 745.223 Definitions.

The definitions in subpart A apply to this subpart. In addition, the following definitions apply. Abatement means any measure or set of measures designed to permanently eliminate lead based paint hazards. Abatement includes, but is not limited to: ( 1) The removal of lead based paint and lead contaminated dust, the permanent enclosure or encapsulation of lead based paint, the replacement of lead painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and ( 2) All preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures. ( 3) Specifically, abatement includes, but is not limited to: ( i) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child occupied facility that: ( A) Shall result in the permanent elimination of lead based paint hazards; or August 13, 2000 B  2 ( B) Are designed to permanently eliminate lead based paint hazards and are described in paragraphs ( 1) and ( 2) of this definition. ( ii) Projects resulting in the permanent elimination of lead based paint hazards, conducted by firms or individuals certified in accordance with Sec. 745.226, unless such projects are covered by paragraph ( 4) of this definition; ( iii) Projects resulting in the permanent elimination of lead based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead based paint activities as identified and defined by this section, unless such projects are covered by paragraph ( 4) of this definition; or ( iv) Projects resulting in the permanent elimination of lead based paint hazards, that are conducted in response to State or local abatement orders. ( 4) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead based paint hazards. Accredited training program means a training program that has been accredited by EPA pursuant to Sec. 745.225 to provide training for individuals engaged in lead based paint activities. Adequate quality control means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling. Certified firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead based paint activities to which EPA has issued a certificate of approval pursuant to Sec. 745.226( f). Certified inspector means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to Sec. 745.226 to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified abatement worker means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to Sec. 745.226 to perform abatements. Certified project designer means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to Sec. 745.226 to prepare abatement project designs, occupant protection plans, and abatement reports. Certified risk assessor means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to Sec. 745.226 to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing. Certified supervisor means an individual who has been trained by an accredited training program, as defined by this section, and certified by EPA pursuant to Sec. 745.226 to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports. Child occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days within any week ( Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours. Child occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity. Common area means a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences. Component or building component means specific design or structural elements or fixtures of a building, residential dwelling, or child occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, August 13, 2000 B  3 stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim ( including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners. Containment means a process to protect workers and the environment by controlling exposures to the lead contaminated dust and debris created during an abatement. Course agenda means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic. Course test means an evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course. Course test blue print means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum. Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component. Discipline means one of the specific types or categories of lead based paint activities identified in this subpart for which individuals may receive training from accredited programs and become certified by EPA. For example,    abatement worker'' is a discipline. Distinct painting history means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room. Documented methodologies are methods or protocols used to sample for the presence of lead in paint, dust, and soil. Elevated blood lead level ( EBL) means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 µ g/ dl ( micrograms of lead per deciliter of whole blood) for a single venous test or of 15 19 µ / dl in two consecutive tests taken 3 to 4 months apart. Encapsulant means a substance that forms a barrier between lead based paint and the environment using a liquid applied coating ( with or without reinforcement materials) or an adhesively bonded covering material. Encapsulation means the application of an encapsulant. Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead based paint and the environment. Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands on activities, or work practice components of a course. Hands on skills assessment means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in Sec. 745.225( d), as well as any other skill taught in a training course. Hazardous waste means any waste as defined in 40 CFR 261.3. Inspection means a surface by surface investigation to determine the presence of lead based paint and the provision of a report explaining the results of the investigation. Interim certification means the status of an individual who has successfully completed the appropriate training course in a discipline from an accredited training program, as defined by this section, but has not yet received formal certification in that discipline from EPA pursuant to Sec. 745.226. Interim certifications expire 6 months after the completion of the training course, and is equivalent to a certificate for the 6 month period. Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. Lead based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight. Lead based paint activities means, in the case of target housing and child occupied facilities, inspection, risk assessment, and abatement, as defined in this subpart. Lead based paint hazard means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible August 13, 2000 B  4 surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by the Administrator pursuant to TSCA section 403. Lead contaminated dust means surface dust in residential dwellings, or child occupied facilities that contains an area or mass concentration of lead at or in excess of levels identified by the Administrator pursuant to TSCA section 403. Lead contaminated soil means bare soil on residential real property and on the property of a child occupied facility that contains lead at or in excess of levels identified by the Administrator pursuant to TSCA section 403. Lead hazard screen is a limited risk assessment activity that involves limited paint and dust sampling as described in Sec. 745.227( c). Living area means any area of a residential dwelling used by one or more children age 6 and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms. Local government means a county, city, town, borough, parish, district, association, or other public body ( including an agency comprised of two or more of the foregoing entities) created under State law. Multi family dwelling means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. Nonprofit means an entity which has demonstrated to any branch of the Federal Government or to a State, municipal, tribal or territorial government, that no part of its net earnings inure to the benefit of any private shareholder or individual. Paint in poor condition means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than 2 square feet of deteriorated paint on interior components with large surface areas ( e. g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas ( window sills, baseboards, soffits, trim). Permanently covered soil means soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering. Person means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal government. Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course. Recognized laboratory means an environmental laboratory recognized by EPA pursuant to TSCA section 405( b) as being capable of performing an analysis for lead compounds in paint, soil, and dust. Reduction means measures designed to reduce or eliminate human exposure to lead based paint hazards through methods including interim controls and abatement. Residential dwelling means ( 1) a detached single family dwelling unit, including attached structures such as porches and stoops; or ( 2) a single family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons. Risk assessment means ( 1) an on site investigation to determine the existence, nature, severity, and location of lead based paint hazards, and ( 2) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead based paint hazards. State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States. Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities ( unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0 bedroom dwelling. Training curriculum means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills. Training hour means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/ or hands on experience. August 13, 2000 B  5 Training manager means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. Visual inspection for clearance testing means the visual examination of a residential dwelling or a child occupied facility following an abatement to determine whether or not the abatement has been successfully completed. Visual inspection for risk assessment means the visual examination of a residential dwelling or a child occupied facility to determine the existence of deteriorated lead based paint or other potential sources of lead based paint hazards.

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

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