April 28, 2015
Supporting Statement for a Request for OMB Review under
The Paperwork Reduction Act
1. IDENTIFICATION OF THE INFORMATION COLLECTION
1(a) Title and Number of the Information Collection Request
Title: TSCA Sections 402 and 404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities and Renovation, Repair, and Painting [RIN 2070-AK02]
EPA ICR No.: 2502.01 OMB Control No: 2070-NEW
1(b) Short Characterization
This information collection request (ICR) addendum revises an existing, approved ICR (EPA ICR No. 1715.13, OMB Control No. 2070-01551) which covers the reporting and recordkeeping requirements for individuals or firms conducting lead-based paint activities or renovation in or on houses, apartments, or child-occupied facilities built before 1978, under the authority of sections 402 and 404 of the Toxic Substances Control Act (TSCA) (15 U. S. C. 2682, 2684; see Attachment 1). This addendum incorporates reporting and recordkeeping requirements in a proposed rule issued on January 14, 2015 (80 FR 1873, FRL-9920-85) that would eliminate the hands-on requirement from the renovator refresher training course. If this change is implemented, EPA expects training providers that are currently accredited to teach the renovator refresher training to apply for accreditation to teach the course via e-learning (i.e., via the internet). The Agency also proposed to remove jurisdictions under the LBP Activities program. Currently, this program requires that training providers, firms and individuals seek certification in each jurisdiction (e.g., a State) where the organization or person wants to work, which if finalized would be eliminated. Only changes that would result from the proposed rule are included in this addendum. Portions of the existing ICR that are not affected by the proposed rule are not included in this document.
2. NEED FOR AND USE OF THE COLLECTION
2(a) Need/Authority for the Collection
Sections 402(a) and 402(c)(3) of TSCA require EPA to develop and administer a training and certification program as well as work practice standards for persons who perform lead-based paint activities and/or renovations, and to require reporting and/or recordkeeping from firms engaged in lead-based paint activities or renovations in target housing and child-occupied facilities; individuals who perform lead-based paint activities in target housing and child-occupied facilities; training providers; and states/territories/tribes/Alaskan native villages. The need/authority is unchanged from that discussed in greater detail in the existing approved ICR.
2(b) Practical Utility/Users of the Data
This collection will enable EPA/states to determine compliance with and enforce the requirements for training, certification, accreditation, and work practice standards for renovations and lead-based paint activities established pursuant to the statutory mandate. The re-certification and re-accreditation requirements for individuals and training programs are meant to ensure that training programs incorporate new developments and technologies in their courses and provide training to individuals. The Agency believes this will ensure that individuals and firms conduct renovations and lead-based paint activities in the safest and most effective manner possible. The practical utility/users of the data is unchanged from that discussed in greater detail in the existing approved ICR.
3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
3(a) Non-Duplication
The Agency’s collection pursuant to the TSCA 402/404 regulations does not duplicate any other collection. There is no other model program for lead-based paint activities or renovations and there are currently no other federal requirements for the training and certification of individuals engaged in these activities, or lead hazard information distribution requirements for renovations in child-occupied facilities, that involve information collection activities that duplicate those discussed in this ICR addendum. This is unchanged from that discussed in greater detail in the existing approved ICR.
3(b) Public Notice Required Prior to ICR Submission to OMB
The notice of proposed rulemaking serves as the public notice for this ICR addendum. Interested parties should submit comments to the address listed at the end of this document. Responses will be taken into account in developing the final rulemaking.
3(c) Consultations and Public Comments
EPA discussed the proposed amendments and solicited comments on the proposed amendments in the proposed rule. See the proposed rule for further discussion.2 In addition, in the proposed rule EPA solicited comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden.
3(d) Effects of Less Frequent Collection
Collection frequency is not being changed in the proposed rule. Under current regulations, renovators must complete a renovator refresher course every 5 years, and each training program must obtain accreditation and re-accreditation every 4 years. Training providers must submit pre-training notifications at least 7 business days prior to the start of the course and must submit post-training notifications no later than 10 business days following course completion. If the Agency eliminates the hands-on requirement for the refresher training then there will be no classroom session for which to notify EPA. Because the training provider will still need to send the names of the students to EPA, the notification requirements will need to be changed. These were determined to be the lowest frequencies possible for achieving statutory and regulatory objectives.
3(e) General Guidelines
The proposed collection activities are consistent with OMB’s general guidelines. No changes have been made to the records retention periods discussed in the currently approved ICR (EPA ICR No. 1715.13, OMB Control No. 2070-0155).
3(f) Confidentiality
The information collection activities in the proposed rule do not include questions of a confidential nature.
3(g) Sensitive Questions
The proposed information collection does not include questions of a sensitive nature.
4. THE RESPONDENTS AND INFORMATION REQUESTED
4(a) Respondents/NAICS Codes
The North American Industrial Classification System (NAICS) codes associated with industries potentially affected by the proposed changes to existing paperwork requirements are described below:
• Building construction (NAICS code 236), e.g., single-family housing construction, multi-family housing construction, residential remodelers.
• Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air-conditioning contractors, painting and wall covering contractors, electrical contractors, finish carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo contractors, glass and glazing contractors.
• Real estate (NAICS code 531), e.g., lessors of residential buildings and dwellings, residential property managers.
• Child day care services (NAICS code 624410).
• Elementary and secondary schools (NAICS code 611110), e.g., elementary schools with kindergarten classrooms.
• Other technical and trade schools (NAICS code 611519), e.g., training providers.
• Engineering services (NAICS code 541330) and building inspection services (NAICS code 541350), e.g., dust sampling technicians.
• Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors engaged in lead-based paint activities.
4(b) Information Requested
The proposed rule this addendum addresses would eliminate the hands-on requirement from the renovator refresher training course. If this change is implemented, EPA expects training providers that are currently accredited to teach the renovator refresher training to develop updated courses without the hands-on component, and apply for accreditation to teach the course via e-learning (i.e., via the internet). This proposed change would result in a reduction in travel time and expenses for renovators that need refresher training to be re-certified every 5 years as required by the existing regulations. If the proposal to remove jurisdictions is implemented, the multi-jurisdiction registration fee of $35 will be eliminated, resulting in savings for renovators certified in multiple EPA-administered states. However, EPA does not anticipate a meaningful change in paperwork burden from the removal of jurisdictions because under the existing regulations, multiple EPA-administered jurisdictions can be listed on the same form.
(i) Data Items
To receive accreditation to provide lead-based paint activities or renovation training, training providers must submit documents to EPA/state, using the form entitled “Application and Instructions for Training Providers” (see Attachment 3) or a similar form containing the required information. Under the proposed rule that this ICR addendum addresses, EPA expects training providers accredited for the renovator refresher course to apply for accreditation to teach the e-learning version of the course. Accredited training providers are eligible for an expedited e-learning course accreditation if they want to teach an already reviewed and accepted e-learning course. Currently-accredited training providers seeking accreditation for the e-learning refresher course must submit the following information to EPA.
A cover letter
A training provider application to amend their accreditation;
An e-learning quality control (QC) plan.
(ii) Respondent Activities
Renovator Refresher Training Course Amendment
Training providers would apply for accreditation to teach the refresher course without the current hands-on component, e.g., an e-learning version of the refresher course, as discussed above in part 4(b)(i) of this supporting statement. In addition to submitting to EPA the information discussed in part 4(b)(i) of this supporting statement, training providers would also have to familiarize themselves with the requirements in the proposed rule that this addendum addresses.
Renovators taking the 4-hour refresher training course would no longer be required to perform hands-on activities if the proposed change is implemented. Renovators would be able to take the refresher course online, and thereby save time and costs (e.g., for travel, potential reduced tuition, etc.).
Abatement Multi-jurisdiction Registration Fee Amendment
The proposed elimination of the multi-state jurisdiction fee of $35 would reduce compliance costs for renovators certified in multiple EPA-administered states. While this is a reduction is overall costs, the multi-jurisdiction registration fee is a regulatory burden, and not a PRA paperwork burden as defined in 5 C.F.R. 1320.3(b), and is therefore not currently accounted for in an existing ICR. Regarding the paperwork burden associated with multi-jurisdiction certification, EPA does not anticipate a meaningful change in paperwork burden from the removal of jurisdictions because under the existing regulations, multiple EPA-administered jurisdictions can be listed on the same form.
5. AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
5(a) Agency Activities
If the changes in the proposed rule are implemented, EPA will need to review the e‑learning applications submitted by training providers to attain accreditation.
5(b) Collection Methodology and Management
If the renovator refresher training course amendment is implemented, training providers would have to submit to EPA the following information to seek accreditation for the e-learning refresher course:
A cover letter
A training provider application to amend their accreditation (see Attachment 3);
An e-learning quality control (QC) plan.
For renovators, neither the proposed renovator refresher training course amendment nor the abatement multi-jurisdiction registration fee amendment would require the use of any new collection instruments or methods.
5(c) Small Entity Flexibility
The proposed revisions are designed to ensure that regulatory requirements do not unduly burden small businesses. The proposed rule would eliminate multi‑jurisdiction registration fees and eliminate the hands‑on training requirement from the lead renovation refresher training course, resulting in cost savings for entities that no longer would pay the multi‑jurisdiction registration fees and renovators that would have a less expensive refresher training option available to them. Training providers incur costs associated with accrediting e-learning courses. However, it is expected that only training providers that anticipate recovering accreditation costs through tuition charges would opt to apply for the additional accreditation because there is no requirement mandating training providers offer an e‑learning refresher training option under the proposed rule. Therefore, there would be no direct negative cost impacts on small entities as a result of the proposed rule.
5(d) Collection Schedule
If the renovator refresher training course amendment is implemented, there will be no impact on the existing approved collection schedule for renovators, who will still need to complete a renovator refresher course every 5 years. The proposed abatement multi-jurisdiction registration fee amendment will not affect the collection schedule for individual and firm certifications and re-certifications.
This section estimates the incremental reporting burden for training providers that may result from the proposed revisions to EPA’s renovation, repair, and painting (RRP) program requirements. This burden is incremental to the burden for EPA’s lead paint program that has already been accounted for in an existing, approved ICR (EPA ICR No. 1715.13, OMB Control No. 2070-0155). This supporting statement provides burden and cost estimates for three years of the program. All costs are presented in year 2014 dollars.
Sections 6(a) and 6(b) estimate the respondents’ paperwork burdens and costs, respectively. Section 6(c) estimates EPA costs, section 6(d) summarizes the bottom line burden and costs, section 6(e) describes the reasons for changes in burden from the previous ICR, and section 6(f) presents the burden statement.
The majority of RRP training providers are predicted to attain accreditation for an e‑learning refresher training course as a result of the proposed rule. Accredited training providers may add an already‑reviewed e‑learning curriculum through an expedited course approval process. Impacts are estimated for training providers currently offering an accredited refresher training course that are assumed to seek accreditation for an e-learning course.
As discussed in part 4(b)(ii) of this supporting statement, renovators taking the 4-hour refresher training course would no longer be required to perform hands-on activities if the proposed change is implemented. Renovators would be able to take the refresher course online, and thereby save time and costs (e.g., for travel, potential reduced tuition, etc.).
With respect to the proposed abatement multi-jurisdiction registration fee amendment, EPA does not anticipate a meaningful change in paperwork burden from the removal of jurisdictions because under the existing regulations, multiple EPA-administered jurisdictions can be listed on the same form.
The burden estimates in this information collection request are for training providers that are accredited to offer renovator refresher training courses. Training providers currently accredited for the renovator refresher training course are expected to apply for an additional accreditation for an e‑learning refresher training course as result of the proposed rule. Therefore they would incur an incremental paperwork burden associated with becoming familiar with the rule’s requirements and with applying for accreditation to teach an online version of the renovator refresher training. All requests to add an already‑reviewed e‑learning curriculum to an already‑accredited training provider’s record must include a cover letter; a training provider application to amend their accreditation; and an e-learning quality control (QC) plan. The e‑learning QC plan must address issues such as how the trainer will ensure that students successfully complete the e‑learning modules and the e‑learning module final assessment. Recordkeeping burdens and reporting burdens associated with notification are not incorporated into the incremental burden because they are incurred with or without this proposed rule, and are accounted for under the existing approved ICR (EPA ICR No. 1715.13).
There are 275 training providers with accredited renovator refresher training programs (see Exhibit 6.1). Training provider accreditation data are taken from the Federal Lead‑based Paint Program (FLPP) database.
Exhibit 6.1 Number of RRP Training Providers |
|
|
Entity Type |
Number of Entities Accredited in Year 1 |
|
RPP Training Provider |
275 |
|
Exhibit 6.2 presents the number of burden hours per activity and Exhibit 6.3 presents total and average burden hours per training provider. Unit burden hour estimates are assumed to be half of the burden hour estimates from the previously approved ICR (EPA ICR No. 1715.13) because less information needs to be provided, given that the training provider has already been accredited for an in-person course. As presented in Exhibit 6.3, the burden for all training providers is estimated to be 3,795 hours in Year 1, and 0 hours in Year 2 and Year 3. All 275 training providers are assumed to apply for accreditation for the e‑learning course in Year 1. While new training providers who are not currently accredited may apply for accreditation of an e-learning course, EPA expects that the number of new entrants will be offset by the number of currently accredited providers that choose not to re-accredit.3 Because of the offsetting of new entrants by existing providers that choose not to re-accredit, the burden is 0 hours in Year 2 and Year 3. The average estimated annual aggregate burden for training providers over the three years covered by this ICR is 1,265 hours.
Exhibit 6.3 Total and Average E-learning Course Accreditation Burden Hours |
|
|||
Year |
Number of Respondents |
Burden Per-Respondent |
Total Burden |
|
1 |
275 |
13.8 |
3,795 |
|
2 |
0 |
0 |
||
3 |
0 |
0 |
||
3-Year Average |
4.6 |
1,265 |
||
* EPA expects that the number of new entrants will be offset by the number of currently accredited providers that choose not to re-accredit. |
||||
The cost estimates addressed in this section are based on the burden estimates discussed in Section 6(a). Wage rates for each category of personnel are derived with methods and from sources either identical to or very similar to those used in previous ICR renewals and related economic analyses. Exhibit 6.4 presents loaded wage rates for training provider professional and clerical staff, which are $53.66 and $26.79, respectively. Wage and fringe benefit data are taken from the Employer Cost for Employee Compensation data series published by the Bureau of Labor Statistics (BLS)4. Both the professional and clerical base wage rates are inflated to 2014 dollars by applying the CPI for All Urban Consumers published by the BLS5. The overhead data is taken from Wage Rates for Economic Analyses of The Toxics Release Inventory Program6. The overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage (see Exhibit 6.4).
Exhibit 6.4 Private Sector Wage Rates for Calculating Labor Costs (2014$) |
||||||||
Labor Category |
BLS Occupation Category1 |
Date |
Wage1 |
Fringe Benefit |
Fringe |
Overhead |
Wage Multiplier |
Loaded Wages3 |
(a) |
(b) |
(c) =(b)/(a) |
(d) |
(e) =1+(c)+(d) |
(f) =(a)*(e) |
|||
Professional |
Professional and related |
9/12 |
$33.96 |
$13.92 |
41% |
17% |
1.58 |
$53.66 |
Clerical |
Office and administrative support |
9/12 |
$16.64 |
$7.32 |
44% |
17% |
1.61 |
$26.79 |
1Bureau of Labor Statistics (BLS). (2013, Dec. 11). "Employer Costs for Employee Compensation - September 2013." Private industry workers, goods-producing and service-producing. 2U.S. EPA (2002). Wage Rates for Economic Analyses of The Toxics Release Inventory Program, U.S. Environmental Protection Agency, Office of Environmental Information, Environmental Analysis Division, Analytical Support Branch. 3Wage rates are rounded to the closest penny. |
||||||||
Exhibit 6.5 estimates the cost per activity associated with this information collection for training providers offering renovator courses. This yields an average cost of $687 per training provider. As shown in Exhibit 6.6, total training provider costs are estimated to be $188,925 in the first year of the rule, and $0 in the second and third years. The average annual cost over the three years covered by this ICR is $62,975.
Exhibit 6.5 RRP Training Providers: Accreditation Cost Estimates (2014$) |
||||||
Activity |
Reporting Hours per Activity1 |
Reporting Cost per Activity |
||||
Professional Hours |
Clerical Hours |
Total Hours |
Professional (53.66/Hr) |
Clerical ($26.79/Hr) |
Total |
|
Rule Familiarization |
4.0 |
0.0 |
4.0 |
$214.64 |
$0.00 |
$214.64 |
Accreditation Statement |
3.8 |
1.0 |
4.8 |
$203.91 |
$26.79 |
$230.70 |
Quality Control Plan |
4.0 |
1.0 |
5.0 |
$214.64 |
$26.79 |
$241.43 |
Total |
11.8 |
2.0 |
13.8 |
$633.19 |
$53.58 |
$686.77 |
1Hour estimates are derived from the previously approved EPA ICR No. 1715.13. The hour estimates were rounded to one decimal place for this ICR. |
||||||
Exhibit 6.6 Total and Average RRP Training Provider E-learning Course Accreditation Costs (2014$) |
|||
Year |
Number of Respondents |
Cost Per-Respondent |
Total Burden |
1 |
275 |
$687 |
$188,925 |
2 |
0 |
0 |
|
3 |
0 |
0 |
|
3-Year Average |
$229 |
$62,975 |
|
* EPA expects that the number of new entrants will be offset by the number of currently accredited providers that choose not to re-accredit. |
|||
There are also government costs associated with reviewing the expedited e‑learning applications. EPA estimates that it will take 4 hours apiece for an Agency employee to review the 275 training provider e‑learning program accreditation applications. The base wage rate of the federal government employee reviewing applications is taken from the 2014 General Schedule (GS) Locality Pay Table for Washington-Baltimore-Northern Virginia, published by the Office of Personnel Management. A loaded wage rate of $78.13 is then derived by applying a multiplier of 1.6 to account for fringe benefits and overhead to the base wage rate of a GS‑13 Step 5 government employee ($48.83)7.
Exhibit 6.7 presents the costs to EPA for Years 1, 2, and 3, as well as the average annual costs. The costs are calculated by applying the government employee wage rate to the 4 hours of time for each of the 275 accreditation applications.
Exhibit 6.7 EPA Costs (2014$) |
|||
Year 1 |
Year 2 |
Year 3 |
Avg. |
$85,943 |
$0 |
$0 |
$28,648 |
Exhibit 6.8 presents a summary of the number of respondents, the respondent burden, and the respondent costs over 3 years. The three year average annual paperwork burden is estimated to be 1,265 hours. The three year average annual respondent cost is estimated to be $62,975. The Agency cost is estimated to average $28,648 per year, as shown in Exhibit 6.9.
Exhibit 6.8 Respondent Burden and Cost Summary |
|
||||||
Year |
Number of Respondents |
Number of Small Respondents1 |
Burden Per-Respondent |
Total Burden |
Cost Per-Respondent |
Total Cost |
|
1 |
275 |
259 |
13.8 |
3,795 |
$687 |
$188,861 |
|
2 |
0 |
0 |
0 |
0 |
|||
3 |
0 |
0 |
0 |
0 |
|||
3-Year Average |
4.6 |
1,265 |
$229 |
$62,975 |
|||
1Consistent with the previously approved EPA ICR No. 1715.13, 94% of training providers are assumed to be small entities. * EPA expects that the number of new entrants will be offset by the number of currently accredited providers that choose not to re-accredit. |
|||||||
Exhibit 6.9 EPA Costs |
||||
|
Year 1 |
Year 2 |
Year 3 |
Avg. |
EPA |
$85,943 |
$0 |
$0 |
$28,648 |
The total burden in OMB’s inventory for the existing, approved ICR for the lead paint program (EPA ICR No. 1715.13) is 3,312,524 hours. With the addition of the 1,265 program change hours related to the proposed rule, the total burden requested for the lead paint program will be 3,313,789 hours.
The burden analyzed in this ICR addendum relates to EPA’s proposed program change to remove the hands-on requirement from the refresher renovator training. This is expected to result in a number of training providers applying for accreditation to offer e-learning refresher courses and will provide renovators needing re-certification with the option of taking a refresher course online.
The existing approved ICR that this addendum revises does not include time or costs associated with attending renovator training. However, the existing approved ICR is undergoing revisions in a separate effort. The separate effort to revise the existing approved ICR is expected to be complete before the proposed rule that this addendum addresses is finalized. Therefore, the ICR addendum for the final rule can discuss any changes to training costs that EPA might include in the separate effort to revise the existing approved ICR. A discussion of potential renovator savings can be found in Chapter 3 of the Economic Analysis for the Lead-Based Paint Program Minor Amendments Proposed Rule, available in the public docket for this ICR, under docket ID No. EPA-HQ-OPPT-2014-0304.
With respect to the proposed Abatement Multi-jurisdiction Registration Fee Amendment, EPA does not anticipate a meaningful change in paperwork burden from the removal of jurisdictions because under the existing regulations, multiple EPA-administered jurisdictions can be listed on the same form.
EPA estimates that 275 RRP training providers would apply for an accreditation for an e‑learning refresher training course as a result of the provision to eliminate the course’s hands‑on training requirement from the course curriculum. The addition of these new responses is expected to increase the annual accreditation burden by 1,265 hours.
The incremental public burden for this collection of information is estimated to average 13.8 hours per response. Burden is defined in 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.
The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2014-0304, which is available for online viewing at www.regulations.gov, or in-person viewing at the EPA Docket Center (EPA/DC), EPA William Jefferson Clinton West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention and Toxics Docket is (202) 566-0280. You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques.
Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-2014-0304 and OMB Control No. 2070-[NEW], to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Document Control Office (DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407M, 1200 Pennsylvania Ave., NW, Washington, D.C. 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.
ATTACHMENTS TO THE SUPPORTING STATEMENT
Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPPT-2014-0304.
Attachment 1: |
15 U.S.C. 2682 - Toxic Substances Control Act Sections 402
|
Attachment 2: |
Accreditation of training programs: target housing and child-occupied facilities 40 CFR 745.225 |
Attachment 3: |
Application and Instructions for Training Providers - Applying for Accreditation of Lead-Based Paint Activity Training Programs - EPA Form 8500-25. |
EPA ICR No. 2502.01; OMB Control No. 2070-NEW
ATTACHMENT 1
Toxic Substances Control Act Sections 402
15 U.S.C. 2682
Sec. 2682. Lead-based paint activities training and certification
(a) Regulations
(1) In general
Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services (acting through the Director of the National Institute for Occupational Safety and Health), promulgate final regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint activities, taking into account reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, inspection, and abatement activities performed in target housing shall be performed by certified contractors, as such term is defined in section 4851b of title 42. The provisions of this section shall supersede the provisions set forth under the heading ‘’Lead Abatement Training and Certification’‘ and under the heading ‘’Training Grants’‘ in title III of the Act entitled ‘’An Act making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, commissions, corporations, and offices for the fiscal year ending September 30, 1992, and for other purposes’‘, Public Law 102-139 (105 Stat. 765, 42 U.S.C. 4822 note), and upon October 28, 1992, the provisions set forth in such public law under such headings shall cease to have any force and effect.
(2) Accreditation of training programs
Final regulations promulgated under paragraph (1) shall contain specific requirements for the accreditation of lead-based paint activities training programs for workers, supervisors, inspectors and planners, and other individuals involved in lead-based paint activities, including, but not limited to, each of the following:
(A) Minimum requirements for the accreditation of training providers.
(B) Minimum training curriculum requirements.
(C) Minimum training hour requirements.
(D) Minimum hands-on training requirements.
(E) Minimum trainee competency and proficiency requirements.
(F) Minimum requirements for training program quality control.
(3) Accreditation and certification fees
The Administrator (or the State in the case of an authorized State program) shall impose a fee on -
(A) persons operating training programs accredited under this subchapter; and
(B) lead-based paint activities contractors certified in accordance with paragraph (1).
The fees shall be established at such level as is necessary to cover the costs of administering and enforcing the standards and regulations under this section which are applicable to such programs and contractors. The fee shall not be imposed on any State, local government, or nonprofit training program. The Administrator (or the State in the case of an authorized State program) may waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of training their own employees.
(b) Lead-based paint activities
For purposes of this subchapter, the term ‘’lead-based paint activities’‘ means -
(1) in the case of target housing, risk assessment, inspection, and abatement; and
(2) in the case of any public building constructed before 1978, commercial building, bridge, or other structure or superstructure, identification of lead-based paint and materials containing lead-based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph (2), the term ‘’deleading’‘ means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such activities.
(c) Renovation and remodeling
(1) Guidelines
In order to reduce the risk of exposure to lead in connection with renovation and remodeling of target housing, public buildings constructed before 1978, and commercial buildings, the Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged in such renovation and remodeling through hardware and paint stores, employee organizations, trade groups, State and local agencies, and through other appropriate means.
(2) Study of certification
The Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings are exposed to lead in the conduct of such activities or disturb lead and create a lead-based paint hazard on a regular or occasional basis. The Administrator shall complete such study and publish the results thereof within 30 months after October 28, 1992.
(3) Certification determination
Within 4 years after October 28, 1992, the Administrator shall revise the regulations under subsection (a) of this section to apply the regulations to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead-based paint hazards. In determining which contractors are engaged in such activities, the Administrator shall utilize the results of the study under paragraph (2) and consult with the representatives of labor organizations, lead-based paint activities contractors, persons engaged in remodeling and renovation, experts in lead health effects, and others. If the Administrator determines that any category of contractors engaged in renovation or remodeling does not require certification, the Administrator shall publish an explanation of the basis for that determination.
EPA ICR No. 2502.01; OMB Control No. 2070-NEW
ATTACHMENT 2
Accreditation of training programs: target housing and child-occupied facilities
40 CFR 745.225
For an electronic copy of 40 CFR 745.225, go to http://www.ecfr.gov/cgi-bin/text-idx?SID=2181334de64d0515a321c606e0ea0b8d&node=40:32.0.1.1.14.6.1.3&rgn=div8.
EPA ICR No. 2502.01; OMB Control No. 2070-NEW
ATTACHMENT 3
Application and Instructions for Training Providers - Applying for Accreditation of Lead-Based Paint Activity Training Programs - EPA Form 8500-25
An electronic copy of the training provider application form and instructions is available at http://www2.epa.gov/sites/production/files/2013-09/documents/trainapp_9_5_13.pdf
1 ICR Reference No. 201109-2070-002, available electronically at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201109-2070-002.
2 “Lead-based Paint Programs; Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements” (80 FR 1873, January 14, 2015) (FRL-9920-85).
3 Training providers must apply for re-accreditation every four years following initial accreditation.
4 Bureau of Labor Statistics (BLS). (2013, Dec. 11). "Employer Costs for Employee Compensation - September 2013." Retrieved Jan. 30, 2014, from http://www.bls.gov/news.release/archives/ecec_12112013.pdf.
5 Bureau of Labor Statistics (BLS). (2014). "Consumer Price Index - All Urban Consumers, U.S. City Average (2004 to 2014)." CUSR0000SA0 Retrieved Mar. 21, 2014.
6 U.S. EPA (2002). Wage Rates for Economic Analyses of The Toxics Release Inventory Program, U.S. Environmental Protection Agency, Office of Environmental Information, Environmental Analysis Division, Analytical Support Branch.
7 The 1.6 fringe benefits and overhead multiplier is taken from the ICR Handbook- EPA’s Guide to Writing Information Collection Requests, published in 2009.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Modified | 0000-00-00 |
| File Created | 2021-01-25 |