Annual Costs As presented below in Exhibit 6.14., this analysis estimates the notification cost for all States combined in the year 2004/ 2005 to be $ 107,944. The notification cost for all States is estimated to be $ 108,192 in 2005/ 2006, and $ 107,922 in 2006/ 2007. 58 Exhibit 6.14. States: Notification Cost Estimates for All States Combined Category Notifications per Entity Clerical Cost/ Notification ($ 22.82/ hr) 2004/ 2005 2005/ 2006 2006/ 2007 Firms 15.36 15.36 15.36 $ 2.05 Training Providers 4.51 4.91 4.45 $ 2.51 Entities per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 3,369 3,369 3,369 Training Providers 147 147 147 Cost per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms $ 106,280 $ 106,280 $ 106,280 Training Providers $ 1,664 $ 1,812 $ 1,642 Total Burden $ 107,944 $ 108,092 $ 107,922 6( c) Estimating Agency Burden and Cost Accreditation and Certification 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, 39 States and three Tribal areas have sought and been granted 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 year 2004/ 2005 is estimated to be 6,509 hours. In 2005/ 2006 the total reporting and recordkeeping burden to EPA regions is estimated to be 7,230, and 9,437 in 2006/ 2007. Exhibit 6.15. details the total reporting and recordkeeping burden to each type of EPA administered entity ( e. g., training provider, firm, and individual). 59 In addition the annual burden to EPA Headquarters is estimated to be 728 hours for each calender year of the analysis ( See Exhibit 6.16.). Thus the total EPA burden in the year 2004/ 2005 is 6,237, then 7,958 in 2005/ 2006 and 10,165 hours in 2006/ 2007.

Exhibit 6.15. EPA Regions: Reporting and Recordkeeping Burden Estimates for Accreditation and Certification Activities 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 Year Number of EPA Administered Entities 2004/ 2005 2005/ 2006 2006/ 2007 Training Providers New accreditations 18 18 18 Second year cohort* 85 47 21 Third year cohort* 65 64 35 Fourth year cohort* 5 49 48 Re accreditations 45 10 104 Firms New certifications 200 200 200 Second year cohort* 449 372 546 Third year cohort* 410 421 349 Re certifications 198 384 394 Individuals New certifications 1500 1500 1500 Second year cohort* 1,333 1,228 1,225 Third year cohort* 706 840 774 Re certifications 450 445 529 Burden per Year 2004/ 2005 2005/ 2006 2006/ 2007 Training Providers 1,594 923 2,725 Firms 3,151 4,563 4,638 Individuals 1,764 1,744 2,074 Total EPA Regional Burden 6,509 7,230 9,437 * No reporting and recordkeeping burden/ cost incurred. 60 Exhibit 6.16. EPA Headquarters: Reporting and Recordkeeping Burden Estimates for Accreditation and Certification Activities Annual EPA Headquarters Burden Hours 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 728.00 * HQ administrative burden from the Fees Rule EA; for all EPA administered States EPA Cost The burden on EPA associated with the administration of the States and Tribal areas that have not been approved to administer their own programs were estimated above. The labor rates and overhead and fringe loadings were discussed earlier. Based on these estimates, the reporting and recordkeeping cost to EPA regions in year 2004/ 2005 is estimated to be $ 598,864. In 2005/ 2006 the total reporting and recordkeeping cost to EPA regions rises to $ 629,842, and then rises again to $ 721,877. These increases are due to the year to year variability in accreditation and certification activities, and do not necessarily represent a trend. Exhibit 6.17. 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 $ 28,501 for each year of the analysis ( See Exhibit 6.18.). Thus the total EPA cost in year 2004/ 2005 is $ 627,365, $ 658,343 in year 2005/ 2006, and $ 750,378 in year 2006/ 2007.

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. No such transitions are anticipated during the period of this ICR.

Exhibit 6.17. EPA Regions: Reporting and Recordkeeping Cost Estimates for Accreditation and Certification Activities 2004/ 2005 2005/ 2006 2006/ 2007 Training Providers $ 66,045 $ 37,340 $ 114,434 Firms $ 133,577 $ 193,957 $ 197,203 Individuals $ 399,242 $ 398,545 $ 410,240 Total EPA Regional Cost $ 598,864 $ 629,842 $ 721,877 Exhibit 6.18. EPA Headquarters: Reporting and Recordkeeping Cost Estimates for Accreditation and Certification Activities Annual EPA Headquarters Cost Clerical ($ 23.58/ hr.) Technical ($ 38.78/ hr.) Managerial ($ 55.28/ hr.) Coordinate with Regions $ 0.00 $ 4,033 $ 0.00 Public Assistance $ 2,452 $ 4,033 $ 0.00 Other $ 2,452 $ 4,033 $ 11,498 61 Annual Cost to Headquarters $ 28,501 Notification Agency Burden Under the rule, notifications submitted by training providers and abatement firms will be used by EPA regions in support of compliance monitoring and enforcement activities, and to prioritize inspections. The administrative management of information collected under this proposed rule is detailed in section 4 of this document. The following sections discuss how the recordkeeping burden estimates were developed. Exhibit 6.19. presents the estimation of EPA burden for the notification rule.

Recordkeeping The number of notification events per entity is the sum of pre course, post course, and renotifications submitted by training providers, and the sum of pre abatement and re notifications submitted by firms. The sources of this information are discussed in detail in the respective training provider and firm sections of this analysis. The EPA recordkeeping burden per notification event is estimated at 0.11 hours for training providers and 0.09 hours for abatement firms. Both estimates were obtained by contacting two State agencies, which currently operate similar lead based paint training programs, and maintain lead based paint activity notification records in both electronic and hard copy forms. The number of entities administered by the EPA program was estimated in section 6( a) of this analysis.

Annual Burden As presented below in Exhibit 6.19., this analysis estimates the notification recordkeeping burden for EPA in the year 2004/ 2005 to be 1,846 hours. The notification recordkeeping burden for EPA is estimated to rise slightly to 2,006 hours during the year 2005/ 2006, and then rise slightly again to 2,169 in 2006/ 2007.

Exhibit 6.19. EPA: Notification Burden Estimates Category Notifications per Entity Clerical Hours/ Notification 2004/ 2005 2005/ 2006 2006/ 2007 Firms 15.36 15.36 15.36 0.09 Training Providers 4.51 4.91 4.45 0.11 Entities per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 19,308 21,151 22,871 Training Providers 218 188 226 Burden Hours per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 1,738 1,904 2,058 62 Training Providers 108 102 111 Total Burden 1,846 2,006 2,169 Agency Cost The notification costs are based on the burden estimated in Section 6( a) and the EPA Regional clerical wage rate estimated earlier. The final loaded wage rate is $ 22.82 for EPA Regional clerical staff.

Annual Cost As presented below in Exhibit 6.20., this analysis estimates the EPA cost associated with notifications in the year 2004/ 2005 to be $ 42,123. That cost is expected to rise slightly to $ 45,757 in 2005/ 2006, and then rise slightly again to $ 49,498 in 2006/ 2007.

Exhibit 6.20. EPA: Notification Cost Estimates Category Notifications per Entity Clerical Cost/ Notification ($ 22.82/ hr) 2004/ 2005 2005/ 2006 2006/ 2007 Firms 15.36 15.36 15.36 $ 2.05 Training Providers 4.51 4.91 4.45 $ 2.51 Entities per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms 19,308 21,151 22,871 Training Providers 218 188 226 Cost per Year 2004/ 2005 2005/ 2006 2006/ 2007 Firms $ 39,655 $ 43,440 $ 46,973 Training Providers $ 2,468 $ 2,317 $ 2,525 Total Annual Cost $ 42,123 $ 45,757 $ 49,498 6( d) Bottom Line Burden Hours and Cost ( i) Respondent Tally 63 Respondent Burden and Cost Accreditation and Certification Burden and Cost 2004/ 2005 2005/ 2006 2006/ 2007 Burden Hours Costs Burden Hours Costs Burden Hours Costs Training Providers 1,329 $ 53,973 1,116 $ 45,152 1,654 $ 68,024 Firms Performing Lead based Paint Activities 351,764 $ 12,607,247 361,118 $ 12,944,692 369,530 $ 13,244,825 Individuals 7,026 $ 227,618 7,022 $ 227,490 7,088 $ 229,633 States 48,813 $ 1,858,856 48,813 $ 1,858,856 48,813 $ 1,858,856 Total 408,932 $ 14,747,694 418,069 $ 15,076,190 427,085 $ 15,401,338 Notification Burden and Cost 2004/ 2005 2005/ 2006 2006/ 2007 Burden Hours Costs Burden Hours Costs Burden Hours Costs Training Providers 1,351 $ 32,936 1,350 $ 32,893 1,361 $ 33,194 Firms Performing Lead based Paint Activities 16,284 $ 428,516 16,709 $ 429,373 17,104 $ 439,505 States 4,730 $ 107,944 4,736 $ 108,092 4,729 $ 107,922 Total 22,365 $ 569,396 22,795 $ 570,358 23,194 $ 580,621 Over All Total 431,297 $ 15,317,090 440,864 $ 15,646,548 450,279 $ 15,981,959 The respondent burden and cost for the collection of this information in the year 2004/ 2005 is estimated to be 2,680 hours and $ 86,909 for the estimated 365 training providers; 368,048 hours and $ 13,055,763 for the estimated 4,626 firms performing lead based paint activities; 7,026 hours and $ 227,618 for the 18,269 individual lead abatement personnel; and 53,543 hours and $ 1,966,800 for the States. That is an average burden of 7.34 hours per training provider, 79.56 hours per certified firm, and 0.38 hours per certified individual. The overall burden and cost for this year for all respondents is 431,297 hours and $ 15,317,090.

The respondent burden and cost for the collection of this information in the year 2005/ 2006 is estimated to be 2,466 hours and $ 78,045 for the estimated 335 training providers; 377,827 hours and $ 13,374,065 for the estimated 4,746 firms performing lead based paint activities; 7,022 hours and $ 227,490 for the 18,293 individual lead abatement personnel; and 53,543 hours and $ 1,966,948 for the States. That is an average burden of 7.36 hours per training provider, 79.61 hours per certified firm, and 0.38 hours per certified individual. The overall burden and cost for this year for all respondents is 440,864 hours and $ 15,646,548.

The respondent burden and cost for the collection of this information in the year 2006/ 2007 is estimated to be 3,015 hours and $ 101,218 for the estimated 373 training providers; 386,634 hours and $ 13,684,330 for the estimated 4,858 firms performing lead based paint activities; 7,088 hours and $ 229,633 for the 18,308 individual lead abatement personnel; and 53,543 hours and $ 1,966,778 for the States. That is an average burden of 8.08 hours per training provider, 79.59 hours per certified firm, and 0.39 hours per certified individual. The overall burden and cost for this year for all respondents is 450,279 hours and $ 15,981,959. 64 The average overall annualized burden and cost for the three years covered by this ICR for all respondents total 440,813 hours and $ 15,648,532.

( ii) Agency Tally Agency Burden and Cost EPA Accreditation and Certification Burden and Cost 2004/ 2005 2005/ 2006 2006/ 2007 Burden Hours Costs Burden Hours Costs Burden Hours Costs Regions 6,509 $ 598,864 7,230 $ 629,842 9,437 $ 721,877 Headquarters 728 $ 28,501 728 $ 28,501 728 $ 28,501 Total 7,237 $ 627,365 7,958 $ 658,343 10,165 $ 750,378 EPA Notification Burden and Cost 2004/ 2005 2005/ 2006 2006/ 2007 Burden Hours Costs Burden Hours Costs Burden Hours Costs 1,846 $ 42,123 2,006 $ 45,757 2,169 $ 49,498 Over All Totals 9,083 $ 669,488 9,964 $ 704,100 12,334 $ 799,876 The Agency burden and cost for the collection of this information is estimated to be 9,083 hours and $ 669,488 in the year 2004/ 2005; 9,964 hours and $ 704,100 in 2005/ 2006; and 12,334 hours and $ 799,826 in 2006/ 2007.

The average overall annualized burden and cost for the Agency for the three years covered by this ICR is 10,460 hours and $ 724,488.

6( e) Reasons for Change in Burden This request reflects an increase in the total estimated burden of 49,639 hours ( from 391,174 hours to 440,813 hours) from that currently in the OMB inventory. This increase represents an adjustment in the number of respondents and/ or the number of activities or events for which respondents must provide information, based on EPA's experience since the approval of the most recent ICR.

The burden in this ICR covers the activities that were reported in two previous ICRs. In this section the Accreditation and Certification portions of this ICR will be compared to those same activities as reported in 1999. Then a comparison will be made between the Notification portions of this ICR and an earlier ICR that covered those same activities.

Accreditation and Certification The previous ICR covering Accreditation and Certification activities was developed before data on the numbers of activities were available, and relied on burden estimates developed in the TSCA 402/ 404 Regulatory Impact Analysis and experience with other similar rules, such as the Asbestos MAP. Data are now available on the level of activities under EPA administration, permitting a more direct projection of activities over the period of this ICR. 65 It is difficult to directly compare the burden projected by the previous ICR and this one, since the previous ICR projected extreme year to year variability in the accreditation and certification activity projected in the previous ICR. That variability was due to the expected high level of activity at the beginning of the program caused by the initial wave of accreditation and certification. However, it is possible to make comparisons to the average burdens and also to look at specific elements that determine burden.

Comparison of Average Annual Burden Estimates over Three Years, Accreditation and Certification Only, 1991 and 2004 ICRs Burden Hours Percent Increase Absolute Increase Share of Increase 1999 ICR 2004 ICR Training providers 742 1,366 84 % 624 1.3 %

Certified firms 317,328 360,804 14 % 43,476 92.9 %

Certified individuals 7,216 7,045  2 %  171  0.4 %

States 45,928 48,813 6 % 2,885 6.2 %

Total 371,214 418,029 13 % 46,814 The largest share of the burden increase, about 93%, is in the burden on certified firms. The estimates of burden per firm are the same in this ICR as in the previous one. This ICR estimates that there will be about 1,375 certified firms on average in EPA administered areas, and an average of 3,370 in non EPA areas, for a total of 4,745. The previous ICR projected 1,170 firms in EPAadministered areas and 2,900 in non EPA areas, for a total of about 4,070. That is an increase of about 16 percent. The percentage burden increase in burden hours was a bit smaller at 13 percent. This minor discrepancy was probably due to the reduction in the numbers of first time certifications after the initial wave associated with the program start up. Except for that small discrepancy, the increase in the total burden on firms is due to a larger estimate of the number of firms engaged in abatement activities.

The burden on training providers is a small part of the overall burden, but it went up by a substantial percentage. This is due to the fact that first time accreditations of training providers are running at a higher rate in the EPA administered areas than had been anticipated.

The burden on States has gone up about 6 percent. This increase is primarily due to the increase in the number of approved State and Tribal administered programs. The previous ICR was based on an assumption of 32 approved State programs. This ICR is based on the 39 State programs that were projected to be approved by the fifth year of this ICR, as projected in the Fees Rule EA. This is a close match to the 39 States and three Tribes that have been authorized as of January 2004. 66 The average annual cost of this burden is about $ 15 million, in comparison to the $ 12 million average annual cost estimated in the previous ICR. That represents an increase of 25 percent. This is due to the 13 percent increase in burden hours along with the increase in hourly labor costs.

Notification The notification portion of this ICR estimates that the burden on training providers, firms, and States will be roughly 22,000 to 23,000 hours per year. The previous ICR estimated a burden of about 18,000 to 20,000 hours per year. Therefore the estimated total burden for these activities is about 3,000 to 4,000 hours more per year than the earlier ICR. Since the burden per activity or event was assumed to be the same in both ICRs, this difference is due to a higher estimate of the number of expected activities or events. This difference is in turn due to the method used to estimate the frequency of activities. The earlier ICR was based on projections made prior to the start of any of these activities. The estimates in this ICR are based at least in part on the data on activities that EPA has accumulated over the past five years.

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 range between 0.4 hours and 79.6 hours per response, depending on the type of respondent. 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 in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OPPT 2004 0081, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the 67 public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OPPT 2004 0081 and OMB control number 2070 0155 in any correspondence. EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 1 Toxic Substances Control Act Sections 402 and 404 15 U. S. C. 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.

( 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 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. EPA ICR No. 1715.06; OMB Control No. 2070 0155 ATTACHMENT 2 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 ( 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, 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  g/ dl ( micrograms of lead per deciliter of whole blood) for a single venous test or of 15 19  / 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 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. 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.

( a) Scope. ( 1) A training program may seek accreditation to offer lead based paint activities courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program may also seek accreditation to offer refresher courses for each of the above listed disciplines. ( 2) Training programs may first apply to EPA for accreditation of their lead based paint activities courses or refresher courses pursuant to this section on or after August 31, 1998. ( 3) A training program shall not provide, offer, or claim to provide EPA accredited lead based paint activities courses without applying for and receiving accreditation from EPA as required under paragraph ( b) of this section on or after March 1, 1999. ( b) Application process. The following are procedures a training program shall follow to receive EPA accreditation to offer lead based paint activities courses: ( 1) A training program seeking accreditation shall submit a written application to EPA containing the following information: ( i) The training program's name, address, and telephone number. ( ii) A list of courses for which it is applying for accreditation. ( iii) A statement signed by the training program manager certifying that the training program meets the requirements established in paragraph ( c) of this section. If a training program uses EPA recommended model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA under subpart Q of this part, the training program manager shall include a statement certifying that, as well. ( iv) If a training program does not use EPA recommended model training materials or training materials approved by an authorized State or Indian Tribe, its application for accreditation shall also include: ( A) A copy of the student and instructor manuals, or other materials to be used for each course. ( B) A copy of the course agenda for each course. ( v) All training programs shall include in their application for accreditation the following: ( A) A description of the facilities and equipment to be used for lecture and hands on training. ( B) A copy of the course test blueprint for each course. ( C) A description of the activities and procedures that will be used for conducting the assessment of hands on skills for each course. ( D) A copy of the quality control plan as described in paragraph ( c)( 9) of this section. ( 2) If a training program meets the requirements in paragraph ( c) of this section, then EPA shall approve the application for accreditation no more than 180 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, EPA may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the training program under paragraph ( i) of this section. If a training program's application is disapproved, the program may reapply for accreditation at any time. ( 3) A training program may apply for accreditation to offer courses or refresher courses in as many disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements of this section. ( 4) A training program applying for accreditation must submit the appropriate fees in accordance with Sec. 745.238. ( c) Requirements for the accreditation of training programs. For a training program to obtain accreditation from EPA to offer lead based paint activities courses, the program shall meet the following requirements: ( 1) The training program shall employ a training manager who has: ( i) At least 2 years of experience, education, or training in teaching workers or adults; or ( ii) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or ( iii) Two years of experience in managing a training program specializing in environmental hazards; and ( iv) Demonstrated experience, education, or training in the construction industry including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. ( 2) The training manager shall designate a qualified principal instructor for each course who has: ( i) Demonstrated experience, education, or training in teaching workers or adults; and ( ii) Successfully completed at least 16 hours of any EPA accredited or EPA authorized State or Tribal accredited lead specific training; and ( iii) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. ( 3) The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands on activities, or work practice components of a course. ( 4) The following documents shall be recognized by EPA as evidence that training managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in paragraphs ( c)( 1) and ( c)( 2) of this section. This documentation need not be submitted with the accreditation application, but, if not submitted, shall be retained by the training program as required by the recordkeeping requirements contained in paragraph ( i) of this section. Those documents include the following: ( i) Official academic transcripts or diploma as evidence of meeting the education requirements. ( ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. ( iii) Certificates from train the trainer courses and lead specific training courses, as evidence of meeting the training requirements. ( 5) The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed. ( 6) To become accredited in the following disciplines, the training program shall provide training courses that meet the following training hour requirements: ( i) The inspector course shall last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands on training activities. The minimum curriculum requirements for the inspector course are contained in paragraph ( d)( 1) of this section. ( ii) The risk assessor course shall last a minimum of 16 training hours, with a minimum of 4 hours devoted to hands on training activities. The minimum curriculum requirements for the risk assessor course are contained in paragraph ( d)( 2) of this section. ( iii) The supervisor course shall last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands on activities. The minimum curriculum requirements for the supervisor course are contained in paragraph ( d)( 3) of this section. ( iv) The project designer course shall last a minimum of 8 training hours. The minimum curriculum requirements for the project designer course are contained in paragraph ( d)( 4) of this section. ( v) The abatement worker course shall last a minimum of 16 training hours, with a minimum of 8 hours devoted to hands on training activities. The minimum curriculum requirements for the abatement worker course are contained in paragraph ( d)( 5) of this section. ( 7) For each course offered, the training program shall conduct either a course test at the completion of the course, and if applicable, a hands on skills assessment, or in the alternative, a proficiency test for that discipline. Each individual must successfully complete the hands on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test. ( i) The training manager is responsible for maintaining the validity and integrity of the hands on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in paragraph ( d) of this section. ( ii) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics. ( iii) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application. ( 8) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

( i) The name, a unique identification number, and address of the individual. ( ii) The name of the particular course that the individual completed. ( iii) Dates of course completion/ test passage. ( iv) Expiration date of interim certification, which shall be 6 months from the date of course completion. ( v) The name, address, and telephone number of the training program. ( 9) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements: ( i) Procedures for periodic revision of training materials and the course test to reflect innovations in the field. ( ii) Procedures for the training manager's annual review of principal instructor competency. ( 10) The training program shall offer courses which teach the work practice standards for conducting lead based paint activities contained in Sec. 745.227, and other standards developed by EPA pursuant to Title IV of TSCA. These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead based paint activities they are responsible for conducting. ( 11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this section. ( 12) The training manager shall allow EPA to audit the training program to verify the contents of the application for accreditation as described in paragraph ( b) of this section. ( d) Minimum training curriculum requirements. To become accredited to offer lead based paint courses instruction in the specific disciplines listed below, training programs must ensure that their courses of study include, at a minimum, the following course topics. Requirements ending in an asterisk (*) indicate areas that require hands on activities as an integral component of the course. ( 1) Inspector. ( i) Role and responsibilities of an inspector. ( ii) Background information on lead and its adverse health effects. ( iii) Background information on Federal, State, and local regulations and guidance that pertains to lead based paint and lead based paint activities. ( iv) Lead based paint inspection methods, including selection of rooms and components for sampling or testing.* ( v) Paint, dust, and soil sampling methodologies.* ( vi) Clearance standards and testing, including random sampling.* ( vii) Preparation of the final inspection report.* ( viii) Recordkeeping. ( 2) Risk assessor. ( i) Role and responsibilities of a risk assessor. ( ii) Collection of background information to perform a risk assessment. ( iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, air, packaging, and food. ( iv) Visual inspection for the purposes of identifying potential sources of lead based paint hazards.* ( v) Lead hazard screen protocol. ( vi) Sampling for other sources of lead exposure.* ( vii) Interpretation of lead based paint and other lead sampling results, including all applicable State or Federal guidance or regulations pertaining to lead based paint hazards.* ( viii) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead based paint hazards. ( ix) Preparation of a final risk assessment report. ( 3) Supervisor. ( i) Role and responsibilities of a supervisor. ( ii) Background information on lead and its adverse health effects. ( iii) Background information on Federal, State, and local regulations and guidance that pertain to lead based paint abatement. ( iv) Liability and insurance issues relating to lead based paint abatement. ( v) Risk assessment and inspection report interpretation.* ( vi) Development and implementation of an occupant protection plan and abatement report. ( vii) Lead based paint hazard recognition and control.* ( viii) Lead based paint abatement and lead based paint hazard reduction methods, including restricted practices.* ( ix) Interior dust abatement/ cleanup or lead based paint hazard control and reduction methods.* ( x) Soil and exterior dust abatement or lead based paint hazard control and reduction methods.* ( xi) Clearance standards and testing. ( xii) Cleanup and waste disposal. ( xiii) Recordkeeping. ( 4) Project designer. ( i) Role and responsibilities of a project designer. ( ii) Development and implementation of an occupant protection plan for large scale abatement projects. ( iii) Lead based paint abatement and lead based paint hazard reduction methods, including restricted practices for large scale abatement projects. ( iv) Interior dust abatement/ cleanup or lead hazard control and reduction methods for large scale abatement projects. ( v) Clearance standards and testing for large scale abatement projects. ( vi) Integration of lead based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects. ( 5) Abatement worker. ( i) Role and responsibilities of an abatement worker. ( ii) Background information on lead and its adverse health effects. ( iii) Background information on Federal, State and local regulations and guidance that pertain to lead based paint abatement. ( iv) Lead based paint hazard recognition and control.* ( v) Lead based paint abatement and lead based paint hazard reduction methods, including restricted practices.* ( vi) Interior dust abatement methods/ cleanup or lead based paint hazard reduction.* ( vii) Soil and exterior dust abatement methods or lead based paint hazard reduction.* ( e) Requirements for the accreditation of refresher training programs. A training program may seek accreditation to offer refresher training courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. To obtain EPA accreditation to offer refresher training, a training program must meet the following minimum requirements: ( 1) Each refresher course shall review the curriculum topics of the full length courses listed under paragraph ( d) of this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following: ( i) An overview of current safety practices relating to lead based paint activities in general, as well as specific information pertaining to the appropriate discipline. ( ii) Current laws and regulations relating to lead based paint activities in general, as well as specific information pertaining to the appropriate discipline. ( iii) Current technologies relating to lead based paint activities in general, as well as specific information pertaining to the appropriate discipline. ( 2) Each refresher course, except for the project designer course, shall last a minimum of 8 training hours. The project designer refresher course shall last a minimum of 4 training hours. ( 3) For each course offered, the training program shall conduct a hands on assessment ( if applicable), and at the completion of the course, a course test. ( 4) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course as described in paragraph ( b) of this section. If so, EPA shall use the approval procedure described in paragraph ( b) of this section. In addition, the minimum requirements contained in paragraphs ( c) ( except for the requirements in paragraph ( c)( 6)), and ( e)( 1), ( e)( 2) and ( e)( 3) of this section shall also apply. ( 5) A training program seeking accreditation to offer refresher training courses only shall submit a written application to EPA containing the following information: ( i) The refresher training program's name, address, and telephone number. ( ii) A list of courses for which it is applying for accreditation. ( iii) A statement signed by the training program manager certifying that the refresher training program meets the minimum requirements established in paragraph ( c) of this section, except for the requirements in paragraph ( c)( 6) of this section. If a training program uses EPA developed model training materials, or training materials approved by a State or Indian Tribe that has been authorized by EPA under Sec. 745.324 to develop its refresher training course materials, the training manager shall include a statement certifying that, as well. ( iv) If the refresher training course materials are not based on EPA developed model training materials or training materials approved by an authorized State or Indian Tribe, the training program's application for accreditation shall include: ( A) A copy of the student and instructor manuals to be used for each course. ( B) A copy of the course agenda for each course. ( v) All refresher training programs shall include in their application for accreditation the following: ( A) A description of the facilities and equipment to be used for lecture and hands on training. ( B) A copy of the course test blueprint for each course. ( C) A description of the activities and procedures that will be used for conducting the assessment of hands on skills for each course ( if applicable). ( D) A copy of the quality control plan as described in paragraph ( c)( 9) of this section. ( vi) The requirements in paragraphs ( c)( 1) through ( c)( 5), and ( c)( 7) through ( c)( 12) of this section apply to refresher training providers. ( vii) If a refresher training program meets the requirements listed in this paragraph, then EPA shall approve the application for accreditation no more than 180 days after receiving a complete application from the refresher training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, EPA may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the refresher training program under paragraph ( i) of this section. If a refresher training program's application is disapproved, the program may reapply for accreditation at any time. ( f) Re accreditation of training programs. ( 1) Unless re accredited, a training program's accreditation ( including refresher training accreditation) shall expire 4 years after the date of issuance. If a training program meets the requirements of this section, the training program shall be re accredited. ( 2) A training program seeking re accreditation shall submit an application to EPA no later than 180 days before its accreditation expires. If a training program does not submit its application for re accreditation by that date, EPA cannot guarantee that the program will be re accredited before the end of the accreditation period. ( 3) The training program's application for re accreditation shall contain: ( i) The training program's name, address, and telephone number. ( ii) A list of courses for which it is applying for re accreditation. ( iii) A description of any changes to the training facility, equipment or course materials since its last application was approved that adversely affects the students ability to learn. ( iv) A statement signed by the program manager stating: ( A) That the training program complies at all times with all requirements in paragraphs ( c) and ( e) of this section, as applicable; and ( B) The recordkeeping and reporting requirements of paragraph ( i) of this section shall be followed. ( v) A payment of appropriate fees in accordance with Sec. 745.238. ( 4) Upon request, the training program shall allow EPA to audit the training program to verify the contents of the application for re accreditation as described in paragraph ( f)( 3) of this section. ( g) Suspension, revocation, and modification of accredited training programs. ( 1) EPA may, after notice and an opportunity for hearing, suspend, revoke, or modify training program accreditation ( including refresher training accreditation) if a training program, training manager, or other person with supervisory authority over the training program has: ( i) Misrepresented the contents of a training course to EPA and/ or the student population. ( ii) Failed to submit required information or notifications in a timely manner. ( iii) Failed to maintain required records. ( iv) Falsified accreditation records, instructor qualifications, or other accreditation related information or documentation. ( v) Failed to comply with the training standards and requirements in this section. ( vi) Failed to comply with Federal, State, or local lead based paint statutes or regulations. ( vii) Made false or misleading statements to EPA in its application for accreditation or re accreditation which EPA relied upon in approving the application. ( 2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. ( h) Procedures for suspension, revocation or modification of training program accreditation. ( 1) Prior to taking action to suspend, revoke, or modify the accreditation of a training program, EPA shall notify the affected entity in writing of the following: ( i) The legal and factual basis for the suspension, revocation, or modification. ( ii) The anticipated commencement date and duration of the suspension, revocation, or modification. ( iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive accreditation in the future. ( iv) The opportunity and method for requesting a hearing prior to final EPA action to suspend, revoke or modify accreditation. ( v) Any additional information, as appropriate, which EPA may provide. ( 2) If a hearing is requested by the accredited training program, EPA shall: ( i) Provide the affected entity an opportunity to offer written statements in response to EPA's assertions of the legal and factual basis for its proposed action, and any other explanations, comments, and arguments it deems relevant to the proposed action. ( ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. ( iii) Appoint an official of EPA as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific matter. ( 3) The Presiding Officer appointed pursuant to paragraph ( h)( 2) of this section shall: ( i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing. ( ii) Consider all relevant evidence, explanation, comment, and argument submitted. ( iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action which may be subject to judicial review. ( 4) If EPA determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any training program prior to the opportunity for a hearing, it shall: ( i) Notify the affected entity of its intent to immediately suspend training program accreditation for the reasons listed in paragraph ( g)( 1) of this section. If a suspension, revocation, or modification notice has not previously been issued pursuant to paragraph ( g)( 1) of this section, it shall be issued at the same time the emergency suspension notice is issued. ( ii) Notify the affected entity in writing of the grounds for the immediate suspension and why it is necessary to suspend the entity's accreditation before an opportunity for a suspension, revocation or modification hearing. ( iii) Notify the affected entity of the anticipated commencement date and duration of the immediate suspension. ( iv) Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. ( 5) Any notice, decision, or order issued by EPA under this section, any transcripts or other verbatim record of oral testimony, and any documents filed by an accredited training program in a hearing under this section shall be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title. ( 6) The public shall be notified of the suspension, revocation, modification or reinstatement of a training program's accreditation through appropriate mechanisms. ( 7) EPA shall maintain a list of parties whose accreditation has been suspended, revoked, modified or reinstated. ( i) Training program recordkeeping requirements. ( 1) Accredited training programs shall maintain, and make available to EPA, upon request, the following records: ( i) All documents specified in paragraph ( c)( 4) of this section that demonstrate the qualifications listed in paragraphs ( c)( 1) and ( c)( 2) of this section of the training manager and principal instructors. ( ii) Current curriculum/ course materials and documents reflecting any changes made to these materials. ( iii) The course test blueprint. ( iv) Information regarding how the hands on assessment is conducted including, but not limited to: ( A) Who conducts the assessment. ( B) How the skills are graded. ( C) What facilities are used. ( D) The pass/ fail rate. ( v) The quality control plan as described in paragraph ( c)( 9) of this section. ( vi) Results of the students' hands on skills assessments and course tests, and a record of each student's course completion certificate. ( vii) Any other material not listed above in paragraphs ( i)( 1)( i) through ( i)( 1)( vi) of this section that was submitted to EPA as part of the program's application for accreditation. ( 2) The training program shall retain these records at the address specified on the training program accreditation application ( or as modified in accordance with paragraph ( i)( 3) of this section for a minimum of 3 years and 6 months. ( 3) The training program shall notify EPA in writing within 30 days of changing the address specified on its training program accreditation application or transferring the records from that address.

[ 61 FR 45813, Aug. 29, 1996, as amended at 64 FR 31098, June 9, 1999]

Sec. 745.226 Certification of individuals and firms engaged in lead based paint activities: target housing and child occupied facilities.

( a) Certification of individuals. ( 1) Individuals seeking certification by EPA to engage in lead based paint activities must either: ( i) Submit to EPA an application demonstrating that they meet the requirements established in paragraphs ( b) or ( c) of this section for the particular discipline for which certification is sought; or ( ii) Submit to EPA an application with a copy of a valid lead based paint activities certification ( or equivalent) from a State or Tribal program that has been authorized by EPA pursuant to subpart Q of this part. ( 2) Individuals may first apply to EPA for certification to engage in lead based paint activities pursuant to this section on or after March 1, 1999. ( 3) Following the submission of an application demonstrating that all the requirements of this section have been meet, EPA shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate. ( 4) Upon receiving EPA certification, individuals conducting lead based paint activities shall comply with the work practice standards for performing the appropriate lead based paint activities as established in Sec. 745.227. ( 5) It shall be a violation of TSCA for an individual to conduct any of the lead based paint activities described in Sec. 745.227 after August 30, 1999, if that individual has not been certified by EPA pursuant to this section to do so. ( 6) Individuals applying for certification must submit the appropriate fees in accordance with Sec. 745.238. ( b) Inspector, risk assessor or supervisor. ( 1) To become certified by EPA as an inspector, risk assessor, or supervisor, pursuant to paragraph ( a)( 1)( i) of this section, an individual must: ( i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. ( ii) Pass the certification exam in the appropriate discipline offered by EPA; and, ( iii) Meet or exceed the following experience and/ or education requirements: ( A) Inspectors. ( 1) No additional experience and/ or education requirements. ( 2) [ Reserved] ( B) Risk assessors. ( 1) Successful completion of an accredited training course for inspectors; and ( 2) Bachelor's degree and 1 year of experience in a related field ( e. g., lead, asbestos, environmental remediation work, or construction), or an Associates degree and 2 years experience in a related field ( e. g., lead, asbestos, environmental remediation work, or construction); or ( 3) Certification as an industrial hygienist, professional engineer, registered architect and/ or certification in a related engineering/ health/ environmental field ( e. g., safety professional, environmental scientist); or ( 4) A high school diploma ( or equivalent), and at least 3 years of experience in a related field ( e. g., lead, asbestos, environmental remediation work or construction). ( C) Supervisor: ( 1) One year of experience as a certified lead based paint abatement worker; or ( 2) At least 2 years of experience in a related field ( e. g., lead, asbestos, or environmental remediation work) or in the building trades. ( 2) The following documents shall be recognized by EPA as evidence of meeting the requirements listed in ( b)( 2)( iii) of this paragraph: ( i) Official academic transcripts or diploma, as evidence of meeting the education requirements. ( ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. ( iii) Course completion certificates from lead specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. ( 3) In order to take the certification examination for a particular discipline an individual must: ( i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. ( ii) Meet or exceed the education and/ or experience requirements in paragraph ( b)( 1)( iii) of this section. ( 4) The course completion certificate shall serve as interim certification for an individual until the next available opportunity to take the certification exam. Such interim certification shall expire 6 months after issuance. ( 5) After passing the appropriate certification exam and submitting an application demonstrating that he/ she meets the appropriate training, education, and/ or experience prerequisites described in paragraph ( b)( 1) of this section, an individual shall be issued a certificate by EPA. To maintain certification, an individual must be re certified as described in paragraph ( e) of this section. ( 6) An individual may take the certification exam no more than three times within 6 months of receiving a course completion certificate. ( 7) If an individual does not pass the certification exam and receive a certificate within 6 months of receiving his/ her course completion certificate, the individual must retake the appropriate course from an accredited training program before reapplying for certification from EPA. ( c) Abatement worker and project designer. ( 1) To become certified by EPA as an abatement worker or project designer, pursuant to paragraph ( a)( 1)( i) of this section, an individual must: ( i) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. ( ii) Meet or exceed the following additional experience and/ or education requirements: ( A) Abatement workers. ( 1) No additional experience and/ or education requirements. ( 2) [ Reserved] ( B) Project designers. ( 1) Successful completion of an accredited training course for supervisors. ( 2) Bachelor's degree in engineering, architecture, or a related profession, and 1 year of experience in building construction and design or a related field; or ( 3) Four years of experience in building construction and design or a related field. ( 2) The following documents shall be recognized by EPA as evidence of meeting the requirements listed in this paragraph: ( i) Official academic transcripts or diploma, as evidence of meeting the education requirements. ( ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. ( iii) Course completion certificates from lead specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. ( 3) The course completion certificate shall serve as an interim certification until certification from EPA is received, but shall be valid for no more than 6 months from the date of completion. ( 4) After successfully completing the appropriate training courses and meeting any other qualifications described in paragraph ( c)( 1) of this section, an individual shall be issued a certificate from EPA. To maintain certification, an individual must be re certified as described in paragraph ( e) of this section. ( d) Certification based on prior training. ( 1) Any individual who received training in a lead based paint activity between October 1, 1990, and March 1, 1999 shall be eligible for certification by EPA under the alternative procedures contained in this paragraph. Individuals who have received lead based paint activities training at an EPA authorized State or Tribal accredited training program shall also be eligible for certification by EPA under the following alternative procedures: ( i) Applicants for certification as an inspector, risk assessor, or supervisor shall: ( A) Demonstrate that the applicant has successfully completed training or on the job training in the conduct of a lead based paint activity. ( B) Demonstrate that the applicant meets or exceeds the education and/ or experience requirements in paragraph ( b)( 1)( iii) of this section. ( C) Successfully complete an accredited refresher training course for the appropriate discipline. ( D) Pass a certification exam administered by EPA for the appropriate discipline. ( ii) Applicants for certification as an abatement worker or project designer shall: ( A) Demonstrate that the applicant has successfully completed training or on the job training in the conduct of a lead based paint activity. ( B) Demonstrate that the applicant meets the education and/ or experience requirements in paragraphs ( c)( 1) of this section; and ( C) Successfully complete an accredited refresher training course for the appropriate discipline. ( 2) Individuals shall have until August 30, 1999 to apply to EPA for certification under the above procedures. After that date, all individuals wishing to obtain certification must do so through the procedures described in paragraph ( a), and paragraph ( b) or ( c) of this section, according to the discipline for which certification is sought. ( e) Re certification. ( 1) To maintain certification in a particular discipline, a certified individual shall apply to and be re certified by EPA in that discipline by EPA either: ( i) Every 3 years if the individual completed a training course with a course test and hands on assessment; or ( ii) Every 5 years if the individual completed a training course with a proficiency test. ( 2) An individual shall be re certified if the individual successfully completes the appropriate accredited refresher training course and submits a valid copy of the appropriate refresher course completion certificate. ( 3) Individuals applying for re certification must submit the appropriate fees in accordance with Sec. 745.238. ( f) Certification of firms. ( 1) All firms which perform or offer to perform any of the lead based paint activities described in Sec. 745.227 after August 30, 1999 shall be certified by EPA. ( 2) A firm seeking certification shall submit to EPA a letter attesting that the firm shall only employ appropriately certified employees to conduct lead based paint activities, and that the firm and its employees shall follow the work practice standards in Sec. 745.227 for conducting lead based paint activities. ( 3) From the date of receiving the firm's letter requesting certification, EPA shall have 90 days to approve or disapprove the firm's request for certification. Within that time, EPA shall respond with either a certificate of approval or a letter describing the reasons for a disapproval. ( 4) The firm shall maintain all records pursuant to the requirements in Sec. 745.227. ( 5) Firms may first apply to EPA for certification to engage in lead based paint activities pursuant to this section on or after March 1, 1999. ( 6) Firms applying for certification must submit the appropriate fees in accordance with Sec. 745.238. ( 7) To maintain certification a firm shall submit appropriate fees in accordance with Sec. 745.238 every 3 years. ( g) Suspension, revocation, and modification of certifications of individuals engaged in lead based paint activities. ( 1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify an individual's certification if an individual has: ( i) Obtained training documentation through fraudulent means. ( ii) Gained admission to and completed an accredited training program through misrepresentation of admission requirements. ( iii) Obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience. ( iv) Performed work requiring certification at a job site without having proof of certification. ( v) Permitted the duplication or use of the individual's own certificate by another. ( vi) Performed work for which certification is required, but for which appropriate certification has not been received. ( vii) Failed to comply with the appropriate work practice standards for lead based paint activities at Sec. 745.227. ( viii) Failed to comply with Federal, State, or local lead based paint statutes or regulations. ( 2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. ( h) Suspension, revocation, and modification of certifications of firms engaged in lead based paint activities. ( 1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify a firm's certification if a firm has: ( i) Performed work requiring certification at a job site with individuals who are not certified. ( ii) Failed to comply with the work practice standards established in Sec. 745.227. ( iii) Misrepresented facts in its letter of application for certification to EPA. ( iv) Failed to maintain required records. ( v) Failed to comply with Federal, State, or local lead based paint statutes or regulations. ( 2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. ( i) Procedures for suspension, revocation, or modification of the certification of individuals or firms. ( 1) If EPA decides to suspend, revoke, or modify the certification of any individual or firm, it shall notify the affected entity in writing of the following: ( i) The legal and factual basis for the suspension, revocation, or modification. ( ii) The commencement date and duration of the suspension, revocation, or modification. ( iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification or to receive certification in the future. ( iv) The opportunity and method for requesting a hearing prior to final EPA action to suspend, revoke, or modify certification. ( v) Any additional information, as appropriate, which EPA may provide. ( 2) If a hearing is requested by the certified individual or firm, EPA shall: ( i) Provide the affected entity an opportunity to offer written statements in response to EPA's assertion of the legal and factual basis and any other explanations, comments, and arguments it deems relevant to the proposed action. ( ii) Provide the affected entity such other procedural opportunities as EPA may deem appropriate to ensure a fair and impartial hearing. ( iii) Appoint an official of EPA as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific matter. ( 3) The Presiding Officer shall: ( i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing; ( ii) Consider all relevant evidence, explanation, comment, and argument submitted; and ( iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final EPA action subject to judicial review. ( 4) If EPA determines that the public health, interest, or welfare warrants immediate action to suspend the certification of any individual or firm prior to the opportunity for a hearing, it shall: ( i) Notify the affected entity of its intent to immediately suspend certification for the reasons listed in paragraph ( h)( 1) of this section. If a suspension, revocation, or modification notice has not previously been issued, it shall be issued at the same time the immediate suspension notice is issued. ( ii) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why it is necessary to suspend the entity's accreditation before an opportunity for a hearing to suspend, revoke, or modify the individual's or firm's certification. ( iii) Notify the affected entity of the commencement date and duration of the immediate suspension. ( iv) Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing. ( 5) Any notice, decision, or order issued by EPA under this section, transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section shall be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title.

[ 61 FR 45813, Aug. 29, 1996, as amended at 64 FR 31098, June 9, 1999]

Sec. 745.227 Work practice standards for conducting lead based paint activities: target housing and child occupied facilities. ( a) Effective date, applicability, and terms. ( 1) Beginning on March 1, 1999, all lead based paint activities shall be performed pursuant to the work practice standards contained in this section. ( 2) When performing any lead based paint activity described by the certified individual as an inspection, lead hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with the appropriate requirements below. ( 3) Documented methodologies that are appropriate for this section are found in the following: The U. S. Department of Housing and Urban Development ( HUD) Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing; the EPA Guidance on Residential Lead Based Paint, Lead Contaminated Dust, and Lead Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling ( EPA report number 7474 R 95 001); Regulations, guidance, methods or protocols issued by States and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. ( 4) Clearance levels are appropriate for the purposes of this section may be found in the EPA Guidance on Residential Lead Based Paint, Lead Contaminated Dust, and Lead Contaminated Soil or other equivalent guidelines. ( b) Inspection. ( 1) An inspection shall be conducted only by a person certified by EPA as an inspector or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph. ( 2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead based paint: ( i) In a residential dwelling and child occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead based paint, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead based paint; and ( ii) In a multi family dwelling or child occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead based paint. ( 3) Paint shall be sampled in the following manner: ( i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/ or ( ii) All collected paint chip samples shall be analyzed according to paragraph ( f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. ( 4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information: ( i) Date of each inspection. ( ii) Address of building. ( iii) Date of construction. ( iv) Apartment numbers ( if applicable). ( v) Name, address, and telephone number of the owner or owners of each residential dwelling or child occupied facility. ( vi) Name, signature, and certification number of each certified inspector and/ or risk assessor conducting testing. ( vii) Name, address, and telephone number of the certified firm employing each inspector and/ or risk assessor, if applicable. ( viii) Each testing method and device and/ or sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x ray fluorescence ( XRF) device. ( ix) Specific locations of each painted component tested for the presence of lead based paint. ( x) The results of the inspection expressed in terms appropriate to the sampling method used. ( c) Lead hazard screen. ( 1) A lead hazard screen shall be conducted only by a person certified by EPA as a risk assessor. ( 2) If conducted, a lead hazard screen shall be conducted as follows: ( i) Background information regarding the physical characteristics of the residential dwelling or child occupied facility and occupant use patterns that may cause lead based paint exposure to one or more children age 6 years and under shall be collected. ( ii) A visual inspection of the residential dwelling or child occupied facility shall be conducted to: ( A) Determine if any deteriorated paint is present, and ( B) Locate at least two dust sampling locations. ( iii) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. ( iv) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children, age 6 and under, are most likely to come in contact with dust. ( v) In multi family dwellings and child occupied facilities, in addition to the floor and window samples required in paragraph ( c)( 1)( iii) of this section, the risk assessor shall also collect composite dust samples from common areas where one or more children, age 6 and under, are most likely to come into contact with dust. ( 3) Dust samples shall be collected and analyzed in the following manner: ( i) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures. ( ii) All collected dust samples shall be analyzed according to paragraph ( f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. ( 4) Paint shall be sampled in the following manner: ( i) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and/ or ( ii) All collected paint chip samples shall be analyzed according to paragraph ( f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. ( 5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information: ( i) The information required in a risk assessment report as specified in paragraph ( d) of this section, including paragraphs ( d)( 11)( i) through ( d)( 11)( xiv), and excluding paragraphs ( d)( 11)( xv) through ( d)( 11)( xviii) of this section. Additionally, any background information collected pursuant to paragraph ( c)( 2)( i) of this section shall be included in the risk assessment report; and ( ii) Recommendations, if warranted, for a follow up risk assessment, and as appropriate, any further actions. ( d) Risk assessment. ( 1) A risk assessment shall be conducted only by a person certified by EPA as a risk assessor and, if conducted, must be conducted according to the procedures in this paragraph. ( 2) A visual inspection for risk assessment of the residential dwelling or child occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and other potential lead based paint hazards. ( 3) Background information regarding the physical characteristics of the residential dwelling or child occupied facility and occupant use patterns that may cause lead based paint exposure to one or more children age 6 years and under shall be collected. ( 4) Each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. Each other surface determined, using documented methodologies, to be a potential lead based paint hazard and having a distinct painting history, shall also be tested for the presence of lead. ( 5) In residential dwellings, dust samples ( either composite or single surface samples) from the window and floor shall be collected in all living areas where one or more children, age 6 and under, are most likely to come into contact with dust. ( 6) For multi family dwellings and child occupied facilities, the samples required in paragraph ( d)( 4) of this section shall be taken. In addition, window and floor dust samples ( either composite or single surface samples) shall be collected in the following locations: ( i) Common areas adjacent to the sampled residential dwelling or child occupied facility; and ( ii) Other common areas in the building where the risk assessor determines that one or more children, age 6 and under, are likely to come into contact with dust. ( 7) For child occupied facilities, window and floor dust samples ( either composite or single surface samples) shall be collected in each room, hallway or stairwell utilized by one or more children, age 6 and under, and in other common areas in the child occupied facility where the risk assessor determines one or more children, age 6 and under, are likely to come into contact with dust. ( 8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: ( i) Exterior play areas where bare soil is present; and ( ii) Dripline/ foundation areas where bare soil is present. ( 9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures. ( 10) Any collected paint chip, dust, or soil samples shall be analyzed according to paragraph ( f) of this section to determine if they contain detectable levels of lead that can be quantified numerically. ( 11) The certified risk assessor shall prepare a risk assessment report which shall include the following information: ( i) Date of assessment. ( ii) Address of each building. ( iii) Date of construction of buildings. ( iv) Apartment number ( if applicable). ( v) Name, address, and telephone number of each owner of each building. ( vi) Name, signature, and certification of the certified risk assessor conducting the assessment. ( vii) Name, address, and telephone number of the certified firm employing each certified risk assessor if applicable. ( viii) Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples. ( ix) Results of the visual inspection. ( x) Testing method and sampling procedure for paint analysis employed. ( xi) Specific locations of each painted component tested for the presence of lead. ( xii) All data collected from on site testing, including quality control data and, if used, the serial number of any XRF device. ( xiii) All results of laboratory analysis on collected paint, soil, and dust samples. ( xiv) Any other sampling results. ( xv) Any background information collected pursuant to paragraph ( d)( 3) of this section. ( xvi) To the extent that they are used as part of the lead based paint hazard determination, the results of any previous inspections or analyses for the presence of lead based paint, or other assessments of lead based paint related hazards. ( xvii) A description of the location, type, and severity of identified lead based paint hazards and any other potential lead hazards. ( xviii) A description of interim controls and/ or abatement options for each identified lead based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure. ( e) Abatement. ( 1) An abatement shall be conducted only by an individual certified by EPA, and if conducted, shall be conducted according to the procedures in this paragraph. ( 2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work site in no more than 2 hours. ( 3) The certified supervisor and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other Federal, State and local requirements. ( 4) Notification of the commencement of lead based paint abatement activities in a residential dwelling or child occupied facility or as a result of a Federal, State, or local order shall be given to EPA prior to the commencement of abatement activities. The procedure for this notification will be developed by EPA prior to August 31, 1998. ( 5) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures: ( i) The occupant protection plan shall be unique to each residential dwelling or child occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead based paint hazards. ( ii) A certified supervisor or project designer shall prepare the occupant protection plan. ( 6) The work practices listed below shall be restricted during an abatement as follows: ( i) Open flame burning or torching of lead based paint is prohibited; ( ii) Machine sanding or grinding or abrasive blasting or sandblasting of lead based paint is prohibited unless used with High Efficiency Particulate Air ( HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency; ( iii) Dry scraping of lead based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than 2 square feet in any one room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and ( iv) Operating a heat gun on lead based paint is permitted only at temperatures below 1100 degrees Fahrenheit. ( 7) If conducted, soil abatement shall be conducted in one of the following ways: ( i) If soil is removed, the lead contaminated soil shall be replaced with soil that is not lead contaminated; or ( ii) If soil is not removed, the lead contaminated soil shall be permanently covered, as defined in Sec. 745.223. ( 8) The following post abatement clearance procedures shall be performed only by a certified inspector or risk assessor: ( i) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces and/ or visible amounts of dust, debris or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures. ( ii) Following the visual inspection and any post abatement cleanup required by paragraph ( e)( 8)( i) of this section, clearance sampling for lead contaminated dust shall be conducted. Clearance sampling may be conducted by employing single surface sampling or composite sampling techniques. ( iii) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures. ( iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion of final post abatement cleanup activities. ( v) The following post abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child occupied facility: ( A) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one window ( if available) and one dust sample shall be taken from the floor of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are less than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled. ( B) After conducting an abatement with no containment, two dust samples shall be taken from no less than four rooms, hallways or stairwells in the residential dwelling or child occupied facility. One dust sample shall be taken from one window ( if available) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are less than four rooms, hallways or stairwells within the residential dwelling or child occupied facility then all rooms, hallways or stairwells shall be sampled. ( C) Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable Federal, State and local requirements. ( vi) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies. ( vii) The certified inspector or risk assessor shall compare the residual lead level ( as determined by the laboratory analysis) from each dust sample with applicable clearance levels for lead in dust on floors and windows. If the residual lead levels in a dust sample exceed the clearance levels, all the components represented by the failed sample shall be recleaned and retested until clearance levels are met. ( 9) In a multi family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided: ( i) The certified individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample. ( ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings ( whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels. ( iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph ( e)( 8) of this section. ( 10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information: ( i) Start and completion dates of abatement. ( ii) The name and address of each certified firm conducting the abatement and the name of each supervisor assigned to the abatement project. ( iii) The occupant protection plan prepared pursuant to paragraph ( e)( 5) of this section. ( iv) The name, address, and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing. ( v) The results of clearance testing and all soil analyses ( if applicable) and the name of each recognized laboratory that conducted the analyses. ( vi) A detailed written description of the abatement, including abatement methods used, locations of rooms and/ or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures. ( f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be: ( 1) Collected by persons certified by EPA as an inspector or risk assessor; and ( 2) Analyzed by a laboratory recognized by EPA pursuant to section 405( b) of TSCA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. ( g) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in paragraphs ( c) through ( e) of this section. If such sampling is conducted, the following conditions shall apply: ( 1) Composite dust samples shall consist of at least two subsamples; ( 2) Every component that is being tested shall be included in the sampling; and ( 3) Composite dust samples shall not consist of subsamples from more than one type of component. ( h) Recordkeeping. All reports or plans required in this section shall be maintained by the certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or individual also shall provide copies of these reports to the building owner who contracted for its services.

Sec. 745.228 Accreditation of training programs: public and commercial buildings, bridges and superstructures. [ Reserved]

Sec. 745.229 Certification of individuals and firms engaged in lead based paint activities: public and commercial buildings, bridges and superstructures. [ Reserved]

Sec. 745.230 Work practice standards for conducting lead based paint activities: public and commercial buildings, bridges and superstructures. [ Reserved]

Sec. 745.233 Lead based paint activities requirements.

Lead based paint activities, as defined in this part, shall only be conducted according to the procedures and work practice standards contained in Sec. 745.227 of this subpart. No individual or firm may offer to perform or perform any lead based paint activity as defined in this part, unless certified to perform that activity according to the procedures in Sec. 745.226.

Sec. 745.235 Enforcement.

( a) Failure or refusal to comply with any requirement of Secs. 745.225, 745.226, 745.227, or 745.233 is a prohibited act under sections 15 and 409 of TSCA ( 15 U. S. C. 2614, 2689). ( b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by Secs. 745.225, 745.226, or 745.227 is a prohibited act under sections 15 and 409 of TSCA ( 15 U. S. C. 2614, 2689). ( c) Failure or refusal to permit entry or inspection as required by Sec. 745.237 and section 11 of TSCA ( 15 U. S. C. 2610) is a prohibited act under sections 15 and 409 of TSCA ( 15 U. S. C. 2614, 2689). ( d) In addition to the above, any individual or firm that performs any of the following acts shall be deemed to have committed a prohibited act under sections 15 and 409 of TSCA ( 15 U. S. C. 2614, 2689). These include the following: ( i) Obtaining certification through fraudulent representation; ( ii) Failing to obtain certification from EPA and performing work requiring certification at a job site; or ( iii) Fraudulently obtaining certification and engaging in any lead based paint activities requiring certification. ( e) Violators are subject to civil and criminal sanctions pursuant to section 16 of TSCA ( 15 U. S. C. 2615) for each violation.

Sec. 745.237 Inspections.

EPA may conduct reasonable inspections pursuant to the provisions of section 11 of TSCA ( 15 U. S. C. 2610) to ensure compliance with this subpart.

Sec. 745.238 Fees for accreditation and certification of lead based paint activities.

( a) Purpose. To establish and impose fees for certified individuals and firms engaged in lead based paint activities and persons operating accredited training programs under section 402( a) of the Toxic Substances Control Act ( TSCA). ( b) Persons who must pay fees. Fees in accordance with paragraph ( c) of this section must be paid by: ( 1) Training programs. ( i) All non exempt training programs applying to EPA for the accreditation and re accreditation of training programs in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement worker. ( ii) Exemptions. No fee shall be imposed on any training program operated by a State, federally recognized Indian Tribe, local government, or nonprofit organization. This exemption does not apply to the certification of firms or individuals. ( 2) Firms and individuals. All firms and individuals seeking certification and re certification from EPA to engage in lead based paint activities in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement worker. ( c) Fee amounts( 1) Certification and accreditation fees. Initial and renewal certification and accreditation fees are specified in the following table:

Certification and Accreditation Fee Levels Training Program Accreditation1 Re Accreditation1 [ every 4 years; see 40 CFR 745.225( f)( 1) for details]

Initial Course Inspector Risk assessor Supervisor Worker Project designer $ 2,500 $ 1,760 $ 3,250 $ 1,760 $ 1,010 $ 1,600 $ 1,150 $ 2,050 $ 1,150 $ 710 Refresher Course Inspector Risk assessor Supervisor Worker Project designer $ 1,010 $ 1,010 $ 1,010 $ 1,010 $ 640 $ 710 $ 710 $ 710 $ 710 $ 490 Lead Based Paint Activities  Individual Certification1 Re certification1 [ every 3 or 5 years, see 40 CFR 745.226( e)( 1) for details]

Inspector Risk assessor Supervisor Worker Project designer $ 400 $ 520 $ 470 $ 280 $ 470 $ 350 $ 420 $ 390 $ 240 $ 390 Lead Based Paint Activities  Firm Certification1 Re certification1 [ every 3 years, see 40 CFR 745.226( f)( 7) for details]

Firm $ 540 $ 430 1\ Fees will be adjusted periodically based on adjustments accounting for changes in participation and operating costs.

( 2) Certification examination fee. Individuals required to take a certification exam in accordance with Sec. 745.226 will be assessed a fee of $ 70 for each exam attempt. ( 3) Multi jurisdiction registration fee. An individual, firm, or training program certified or accredited by EPA may wish to provide training or perform lead based paint activities in additional EPA administered jurisdictions. A fee of $ 35 per discipline will be assessed for each additional EPA administered jurisdiction in which an individual, firm, or training program applies for certification/ re certification or accreditation/ re accreditation. For purposes of this multi jurisdiction registration fee, an EPA administered jurisdiction is either an individual state without an authorized program or all Indian Tribes without authorized programs that are within a given EPA Region. ( 4) Lost identification card or certificate. A $ 15 fee shall be charged for replacement of an identification card or certificate. ( See replacement procedure in paragraph ( e) of this section.) ( d) Application/ payment procedure( 1) Certification and re certification in one or more EPA administered jurisdiction( i) Individuals. Submit a completed application ( titled `' Application for Individuals to Conduct Lead based Paint Activities'`), the materials described at Sec. 745.226, and the application fee( s) described in paragraph ( c) of this section. ( ii) Firms. Submit a completed application ( titled `' Application for Firms to Conduct Lead based Paint Activities'`), the materials described at Sec. 745.226, and the application fee( s) described in paragraph ( c) of this section. ( 2) Accreditation and re accreditation in one or more EPA administered jurisdiction. Submit a completed application ( titled `' Accreditation Application for Training Programs'`), the materials described at Sec. 745.225, and the application fee described in paragraph ( c) of this section. ( 3) Application forms. Application forms and instructions can be obtained from the National Lead Information Center at: 1 800 424 LEAD. ( e) Identification card replacement and certificate replacement. ( 1) Parties seeking identification card or certificate replacement shall complete the applicable portions of the appropriate application in accordance with the instructions provided. The appropriate applications are: ( i) Individuals. `' Application for Individuals to Conduct Lead based Paint Activities.'` ( ii) Firms. `' Application for Firms to Conduct Lead based Paint Activities.'` ( iii) Training programs. `' Accreditation Application for Training Programs.'` ( 2) Submit application and payment in the amount specified in paragraph ( c)( 4) of this section in accordance with the instructions provided with the application package. ( f) Adjustment of fees. ( 1) EPA will collect fees reflecting the costs associated with the administration and enforcement of subpart L of this part with the exception of costs associated with the accreditation of training programs operated by a State, federally recognized Indian Tribe, local government, and nonprofit organization. In order to do this, EPA will periodically adjust the fees to reflect changed economic conditions. ( 2) The fees will be evaluated based on the cost to administer and enforce the program, and the number of applicants. New fee schedules will be published in the Federal Register. ( g) Failure to remit a fee. ( 1) EPA will not provide certification, re certification, accreditation, or re accreditation for any individual, firm, or training program which does not remit fees described in paragraph ( c) of this section in accordance with the procedures specified in paragraph ( d) of this section. ( 2) EPA will not replace identification cards or certificates for any individual, firm, or training program which does not remit fees described in paragraph ( c) of this section in accordance with the procedures specified in paragraph ( e) of this section.

[ 64 FR 31098, June 9, 1999]

Sec. 745.239 Effective dates.

This subpart L shall apply in any State or Indian Country that does not have an authorized program under subpart Q, effective August 31, 1998. In such States or Indian Country: ( a) Training programs shall not provide, offer or claim to provide training or refresher training for certification without accreditation from EPA pursuant to Sec. 745.225 on or after March 1, 1999. ( b) No individual or firm shall perform, offer, or claim to perform lead based paint activities, as defined in this subpart, without certification from EPA to conduct such activities pursuant to Sec. 745.226 on or after August 30, 1999. ( c) All lead based paint activities shall be performed pursuant to the work practice standards contained in Sec. 745.227 on or after August 30, 1999. TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 745 LEAD BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Table of Contents Subpart Q State and Indian Tribal Programs Source: 61 FR 45825, Aug. 29, 1996, unless otherwise noted.

Sec. 745.320 Scope and purpose.