ICR Attachment 3: 40 CFR 745, Subpart L

EPA ICR No. 1715.09; OMB Control No. 2070-0155
ATTACHMENT 3
40 CFR 745, Subpart L
Lead-Based Paint Activities

§ 745.119

40 CFR Ch. I (7–1–03 Edition)

§ 745.119 Impact on State and local requirements.
Nothing in this subpart shall relieve
a seller, lessor, or agent from any responsibility for compliance with State
or local laws, ordinances, codes, or regulations governing notice or disclosure
of known lead-based paint or leadbased paint hazards. Neither HUD nor
EPA assumes any responsibility for ensuring compliance with such State or
local requirements.

Subparts G–K [Reserved]
Subpart L—Lead-Based Paint
Activities
SOURCE: 61 FR 45813, Aug. 29, 1996, unless
otherwise noted.

§ 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
§ 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 § 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.
§ 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 paint and dust, the
permanent enclosure or encapsulation
of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil,
when lead-based paint hazards are
present in such paint, dust or 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
§ 745.226, unless such projects are covered by paragraph (4) of this definition;

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§ 745.223

(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 leadbased 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 § 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
§ 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 § 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 § 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 § 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 § 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 § 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

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§ 745.223

40 CFR Ch. I (7–1–03 Edition)

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 appli-

cation, over time, of paint or other surface coatings to a component or room.
Documented methodologies are methods or protocols used to sample for the
presence of lead in paint, dust, and soil.
Elevated blood lead level (EBL) means
an excessive absorption of lead that is
a confirmed concentration of lead in
whole blood of 20 µ g/dl (micrograms of
lead per deciliter of whole blood) for a
single venous test or of 15–19 µ g/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 § 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 § 745.226. Interim
certifications expire 6 months after the
completion of the training course, and
is equivalent to a certificate for the 6month period.
Interim controls means a set of measures designed to temporarily reduce

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Environmental Protection Agency

§ 745.223

human exposure or likely exposure to
lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of leadbased 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-hazard screen is a limited risk
assessment activity that involves limited paint and dust sampling as described in § 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

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§ 745.225

40 CFR Ch. I (7–1–03 Edition)

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; 66 FR 1239, Jan. 5, 2001]

§ 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.

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§ 745.225

(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 § 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 EPAauthorized 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.

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§ 745.225

40 CFR Ch. I (7–1–03 Edition)

(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 handson 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 handson 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 handson 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 profiency 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 § 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

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Environmental Protection Agency

§ 745.225

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 Fed-

eral 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.

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(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
§ 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.

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(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 § 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,

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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.

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(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]

§ 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 leadbased 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 § 745.227.
(5) It shall be a violation of TSCA for
an individual to conduct any of the
lead-based paint activities described in
§ 745.227 after March 1, 2000, 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 § 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]

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(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 recertified 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:

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(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 March
1, 2000, 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 being
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 § 745.238.
(f) Certification of firms. (1) All firms
which perform or offer to perform any
of the lead-based paint activities described in § 745.227 after March 1, 2000,
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 § 745.227
for conducting lead-based paint activities.

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(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 § 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 § 745.238.
(7) To maintain certification a firm
shall submit appropriate fees in accordance with § 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 § 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
§ 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

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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 hear-

ing 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; 64 FR 42851, Aug. 6,
1999]

§ 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, 2000,
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, leadhazard 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
quidelines.
(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 Contaminiated
Soil or other equivalent guidelines.

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40 CFR Ch. I (7–1–03 Edition)

(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.

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§ 745.227

(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) The following surfaces which are
determined, using documented methodologies, to have a distinct painting
history, shall be tested for the presence
of lead:
(i) Each friction surface or impact
surface with visibly deteriorated paint;
and
(ii) All other surfaces with visibly deteriorated paint.
(5) In residential dwellings, dust samples (either composite or single-surface
samples) from the interior window
sill(s) and floor shall be collected and
analyzed for lead concentration 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, interior window sill and floor dust samples
(either composite or single-surface
samples) shall be collected and analyzed for lead concentration in the following locations:
(i) Common areas adjacent to the
sampled residential dwelling or childoccupied 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, interior window sill and floor dust samples
(either composite or single-surface
samples) shall be collected and analyzed for lead concentration 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 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) The rest of the yard (i.e., nonplay areas) where bare soil is present.
(iii) Dripline/foundation areas where
bare soil is present.

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§ 745.227

40 CFR Ch. I (7–1–03 Edition)

(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 leadbased 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

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Environmental Protection Agency

§ 745.227

occupants from exposure to any leadbased 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 leadbased 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 the soil is removed:
(A) The soil shall be replaced by soil
with a lead concentration as close to
local background as practicable, but no
greater than 400 ppm.
(B) The soil that is removed shall not
be used as top soil at another residential property or child-occupied facility.
(ii) If soil is not removed, the soil
shall be permanently covered, as defined in § 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 in
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 postabatement 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 interior window sill
and from one window trough (if
present) and one dust sample shall be
taken from the floors of each 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 each of no less
than four rooms, hallways or stairwells
in the residential dwelling or child-occupied facility. One dust sample shall
be taken from one interior window sill
and window trough (if present) 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

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40 CFR Ch. I (7–1–03 Edition)

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 single surface
dust sample with clearance levels in
paragraph (e)(8)(viii) of this section for
lead in dust on floors, interior window
sills, and window troughs or from each
composite dust sample with the applicable clearance levels for lead in dust
on floors, interior window sills, and
window troughs divided by half the
number of subsamples in the composite
sample. If the residual lead level in a
single surface dust sample equals or exceeds the applicable clearance level or
if the residual lead level in a composite
dust sample equals or exceeds the applicable clearance level divided by half
the number of subsamples in the composite sample, the components represented by the failed sample shall be
recleaned and retested.
(viii) The clearance levels for lead in
dust are 40 µg/ft2 for floors, 250 µg/ft2 for
interior window sills, and 400 µg/ft2 for
window troughs.
(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.

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§ 745.235

(h) Determinations. (1) Lead-based
paint is present:
(i) On any surface that is tested and
found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5%
by weight; and
(ii) On any surface like a surface
tested in the same room equivalent
that has a similar painting history and
that is found to be lead-based paint.
(2) A paint-lead hazard is present:
(i) On any friction surface that is
subject to abrasion and where the lead
dust levels on the nearest horizontal
surface underneath the friction surface
(e.g., the window sill or floor) are equal
to or greater than the dust hazard levels identified in § 745.227(b);
(ii) On any chewable lead-based paint
surface on which there is evidence of
teeth marks;
(iii) Where there is any damaged or
otherwise deteriorated lead-based paint
on an impact surface that is cause by
impact from a related building component (such as a door knob that knocks
into a wall or a door that knocks
against its door frame; and
(iv) If there is any other deteriorated
lead-based paint in any residential
building or child-occupied facility or
on the exterior of any residential building or child-occupied facility.
(3) A dust-lead hazard is present in a
residential dwelling or child occupied
facility:
(i) In a residential dwelling on floors
and interior window sills when the
weighted arithmetic mean lead loading
for all single surface or composite samples of floors and interior window sills
are equal to or greater than 40 µg/ft2 for
floors and 250 µg/ft2 for interior window
sills, respectively;
(ii) On floors or interior window sills
in an unsampled residential dwelling in
a multi-family dwelling, if a dust-lead
hazard is present on floors or interior
window sills, respectively, in at least
one sampled residential unit on the
property; and
(iii) On floors or interior window sills
in an unsampled common area in a
multi-family dwelling, if a dust-lead
hazard is present on floors or interior
window sills, respectively, in at least
one sampled common area in the same
common area group on the property.

(4) A soil-lead hazard is present:
(i) In a play area when the soil-lead
concentration from a composite play
area sample of bare soil is equal to or
greater than 400 parts per million; or
(ii) In the rest of the yard when the
arithmetic mean lead concentration
from a composite sample (or arithmetic mean of composite samples) of
bare soil from the rest of the yard (i.e.,
non-play areas) for each residential
building on a property is equal to or
greater than 1,200 parts per million.
(i) 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.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 42852, Aug. 6, 1999; 66 FR 1239, Jan. 5, 2001]

§ 745.228 Accreditation of training programs: public and commercial
buildings,
bridges
and
superstructures. [Reserved]
§ 745.229 Certification of individuals
and firms engaged in lead-based
paint activities: public and commercial buildings, bridges and superstructures. [Reserved]
§ 745.230 Work practice standards for
conducting lead-based paint activities: public and commercial buildings, bridges and superstructures.
[Reserved]
§ 745.233 Lead-based
requirements.

paint

activities

Lead-based paint activities, as defined in this part, shall only be conducted according to the procedures and
work practice standards contained in
§ 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 § 745.226.
§ 745.235

Enforcement.

(a) Failure or refusal to comply with
any requirement of §§ 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).

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40 CFR Ch. I (7–1–03 Edition)

(b) Failure or refusal to establish,
maintain, provide, copy, or permit access to records or reports as required
by §§ 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 § 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.
§ 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.

§ 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
Accreditation 1

Training Program

Re-accreditation 1 [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

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Environmental Protection Agency

§ 745.238
Certification 1

Lead-based Paint Activities-Individual
Inspector
Risk assessor
Supervisor
Worker
Project designer

$400
$520
$470
$280
$470

$350
$420
$390
$240
$390

Certification 1

Lead-based Paint Activities-Firm
Firm
1 Fees

Re-certification 1 [every 3 or 5
years, see 40 CFR 745.226(e)(1)
for details]

$540

Certification Renewal 1 [every 3
years, see 40 CFR 745.226(f)(7)
for details]
$430

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 § 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
§ 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
§ 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 § 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

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§ 745.239

40 CFR Ch. I (7–1–03 Edition)

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]

§ 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 § 745.225 on or after March 1, 1999.
(b) No individual or firm shall perform, offer, or claim to perform leadbased paint activities, as defined in
this subpart, without certification
from EPA to conduct such activities
pursuant to § 745.226 on or after March
1, 2000.
(c) All lead-based paint activities
shall be performed pursuant to the
work practice standards contained in
§ 745.227 on or after March 1, 2000.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 42852, Aug. 6, 1999]

Subparts M–P [Reserved]
Subpart Q—State and Indian Tribal
Programs
SOURCE: 61 FR 45825, Aug. 29, 1996, unless
otherwise noted.

§ 745.320

Scope and purpose.

(a) This subpart establishes the requirements that State or Tribal programs must meet for authorization by
the Administrator to administer and
enforce the standards, regulations, or
other requirements established under
TSCA section 402 and/or section 406 and
establishes the procedures EPA will
follow in approving, revising, and withdrawing approval of State or Tribal
programs.
(b) For State or Tribal lead-based
paint training and certification programs, a State or Indian Tribe may
seek authorization to administer and
enforce §§ 745.225, 745.226, and 745.227.
The provisions of §§ 745.220, 745.223,
745.233, 745.235, 745.237, and 745.239 shall
be applicable for the purposes of such
program authorization.
(c) For State or Tribal pre-renovation notification programs, a State or
Indian Tribe may seek authorization to
administer and enforce regulations developed pursuant to TSCA section 406.
(d) A State or Indian Tribe applying
for program authorization may seek either interim approval or final approval
of the compliance and enforcement
portion of the State or Tribal leadbased paint program pursuant to the
procedures at § 745.327(a).
(e) State or Tribal submissions for
program authorization shall comply
with the procedures set out in this subpart.
(f) Any State or Tribal program approved by the Administrator under this
subpart shall at all times comply with
the requirements of this subpart.
(g) In many cases States will lack authority to regulate activities in Indian
Country. This lack of authority does
not impair a State’s ability to obtain
full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor Indian
Tribe has been granted program authorization by EPA.
§ 745.323

Definitions.

The definitions in subpart A apply to
this subpart. In addition, the definitions in § 745.223 and the following definitions apply:

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