Attachment 2

Environmental Protection Agency

§ 745.225

Start date means the first day of any
lead-based paint activities training
course or lead-based paint abatement
activity.
Start date provided to EPA means the
start date included in the original notification or the most recent start date
provided to EPA in an updated notification.
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.
Training provider means any organization or entity accredited under § 745.225
to offer lead-based paint activities
courses.
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 po-

tential 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;
69 FR 18495, Apr. 8, 2004]

§ 745.225 Accreditation of training programs: target housing and child occupied facilities.
(a) Scope. (1) A training program may
seek accreditation to offer courses in
any of the following disciplines: Inspector, risk assessor, supervisor, project
designer, abatement worker, renovator,
and dust sampling technician. A training program may also seek accreditation to offer refresher courses for each
of the above listed disciplines.
(2) Training programs may first
apply to EPA for accreditation of their
lead-based paint activities courses or
refresher courses pursuant to this section on or after August 31, 1998. Training programs may first apply to EPA
for accreditation of their renovator or
dust sampling technician courses or refresher courses pursuant to this section
on or after April 22, 2009.
(3) A training program must not provide, offer, or claim to provide EPAaccredited lead-based paint activities
courses without applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after March 1, 1999. A training program must not provide, offer, or
claim to provide EPA-accredited renovator or dust sampling technician
courses without applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after June 23, 2008.
(b) Application process. The following
are procedures a training program
must follow to receive EPA accreditation to offer lead-based paint activities
courses, renovator courses, or dust
sampling technician courses:
(1) 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. For the purposes of this section, courses taught in
different languages and electronic

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§ 745.225

40 CFR Ch. I (7–1–14 Edition)

learning courses are considered different courses, and each must independently meet the accreditation requirements.
(iii) The name and documentation of
the qualifications of the training program manager.
(iv) The name(s) and documentation
of qualifications of any principal instructor(s).
(v) 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.
(vi) If a training program does not
use EPA-recommended model training
materials, 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.
(C) When applying for accreditation
of a course in a language other than
English, a signed statement from a
qualified, independent translator that
they had compared the course to the
English language version and found the
translation to be accurate.
(vii) All training programs shall include in their application for accreditation the following:
(A) A description of the facilities and
equipment to be used for lecture and
hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and
procedures that will be used for conducting the assessment of hands-on
skills for each course.
(D) A copy of the quality control plan
as described in paragraph (c)(9) of this
section.
(2) If a training program meets the
requirements in paragraph (c) of this
section, then EPA shall approve the application for accreditation no more
than 180 days after receiving a complete application from the training

program. In the case of approval, a certificate of accreditation shall be sent
to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to
the applicant. Prior to disapproval,
EPA may, at its discretion, work with
the applicant to address inadequacies
in the application for accreditation.
EPA may also request additional materials retained by the training program
under paragraph (i) of this section. If a
training program’s application is disapproved, the program may reapply for
accreditation at any time.
(3) A training program may apply for
accreditation to offer courses or refresher courses in as many disciplines
as it chooses. A training program may
seek
accreditation
for
additional
courses at any time as long as the program can demonstrate that it meets
the requirements of this section.
(4) A training program applying for
accreditation must submit the appropriate fees in accordance with § 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, renovator courses, or dust
sampling technician courses, the program must 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:

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Environmental Protection Agency

§ 745.225

(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 for instructors of
lead-based paint activities courses or 8
hours of any EPA-accredited or EPAauthorized State or Tribal-accredited
lead-specific training for instructors of
renovator or dust sampling technician
courses; 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, course delivery, and oversight
of the teaching of all course material.
The training manager may designate
guest instructors as needed for a portion of the course to provide instruction specific to the lecture, hands-on
activities, or work practice components of a course. However, the principal instructor is primarily responsible for teaching the course materials
and must be present to provide instruction (or oversight of portions of the
course taught by guest instructors) for
the course for which he has been designated the principal instructor.
(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 must
be submitted with the accreditation
application and retained by the training program as required by the recordkeeping requirements contained in
paragraph (i) of this section. Those
documents include the following:
(i) Official academic transcripts or
diploma as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or
documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Certificates from train-the-trainer courses and lead-specific training

courses, as evidence of meeting the
training requirements.
(5) The training program shall ensure
the availability of, and provide adequate facilities for, the delivery of the
lecture, course test, hands-on training,
and assessment activities. This includes providing training equipment
that reflects current work practices
and maintaining or updating the equipment and facilities as needed.
(6) To become accredited in the following disciplines, the training program shall provide training courses
that meet the following training 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.
(vi) The renovator course must last a
minimum of 8 training hours, with a
minimum of 2 hours devoted to handson training activities. The minimum
curriculum requirements for the renovator course are contained in paragraph (d)(6) of this section.

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§ 745.225

40 CFR Ch. I (7–1–14 Edition)

(vii) The dust sampling technician
course must last a minimum of 8 training hours, with a minimum of 2 hours
devoted to hands-on training activities.
The minimum curriculum requirements for the dust sampling technician
course are contained in paragraph
(d)(7) of this section.
(viii) Electronic learning and other
alternative course delivery methods
are permitted for the classroom portion of renovator, dust sampling technician, or lead-based paint activities
courses but not the hands-on portion of
these courses, or for final course tests
or proficiency tests described in paragraph (c)(7) of this section. Electronic
learning courses must comply with the
following requirements:
(A) A unique identifier must be assigned to each student for them to use
to launch and re-launch the course.
(B) The training provider must track
each student’s course log-ins, launches,
progress, and completion, and maintain
these records in accordance with paragraph (i) of this section.
(C) The course must include periodic
knowledge checks equivalent to the
number and content of the knowledge
checks contained in EPA’s model
course, but at least 16 over the entire
course. The knowledge checks must be
successfully completed before the student can go on to the next module.
(D) There must be a test of at least 20
questions at the end of the electronic
learning portion of the course, of which
80% must be answered correctly by the
student for successful completion of
the electronic learning portion of the
course. The test must be designed so
that students to do not receive feedback on their test answers until after
they have completed and submitted the
test.
(E) Each student must be able to save
or print a copy of an electronic learning course completion certificate. The
electronic certificate must not be susceptible to easy editing.
(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 student must successfully complete the hands-on skills assessment

and receive a passing score on the
course test to pass any course, or successfully complete a proficiency test.
(i) The training manager is responsible for maintaining the validity and
integrity of the hands-on skills assessment or proficiency test to ensure that
it accurately evaluates the trainees’
performance of the work practices and
procedures associated with the course
topics contained in paragraph (d) of
this section.
(ii) The training manager is responsible for maintaining the validity and
integrity of the course test to ensure
that it accurately evaluates the trainees’ knowledge and retention of the
course topics.
(iii) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application.
(8) The training program shall issue
unique course completion certificates
to each individual who passes the
training course. The course completion
certificate shall include:
(i) The name, a unique identification
number, and address of the individual.
(ii) The name of the particular course
that the individual completed.
(iii) Dates of course completion/test
passage.
(iv) For initial inspector, risk assessor, project designer, supervisor, or
abatement worker course completion
certificates, the expiration date of interim certification, which is 6 months
from the date of course completion.
(v) The name, address, and telephone
number of the training program.
(vi) The language in which the course
was taught.
(vii) For renovator and dust sampling
technician course completion certificates, a photograph of the individual.
The photograph must be an accurate
and recognizable image of the individual. As reproduced on the certificate, the photograph must not be
smaller than 1 square inch.
(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:

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Environmental Protection Agency

§ 745.225

(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) Courses offered by the training
program must teach the work practice
standards contained in § 745.85 or
§ 745.227, as applicable, in such a manner that trainees are provided with the
knowledge needed to perform the renovations or lead-based paint activities
they will be responsible for conducting.
(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.
(13) The training manager must provide notification of renovator, dust
sampling technician, or lead-based
paint activities courses offered.
(i) The training manager must provide EPA with notification of all renovator, dust sampling technician, or
lead-based paint activities courses offered. The original notification must
be received by EPA at least 7 business
days prior to the start date of any renovator, dust sampling technician, or
lead-based paint activities course.
(ii) The training manager must provide EPA updated notification when
renovator, dust sampling technician, or
lead-based paint activities courses will
begin on a date other than the start
date specified in the original notification, as follows:
(A) For renovator, dust sampling
technician, or lead-based paint activities courses beginning prior to the
start date provided to EPA, an updated
notification must be received by EPA
at least 7 business days before the new
start date.
(B) For renovator, dust sampling
technician, or lead-based paint activities courses beginning after the start
date provided to EPA, an updated notification must be received by EPA at
least 2 business days before the start
date provided to EPA.
(iii) The training manager must update EPA of any change in location of

renovator, dust sampling technician, or
lead-based paint activities courses at
least 7 business days prior to the start
date provided to EPA.
(iv) The training manager must update EPA regarding any course cancellations, or any other change to the
original notification. Updated notifications must be received by EPA at least
2 business days prior to the start date
provided to EPA.
(v) Each notification, including updates, must include the following:
(A) Notification type (original, update, cancellation).
(B) Training program name, EPA accreditation number, address, and telephone number.
(C) Course discipline, type (initial/refresher), and the language in which instruction will be given.
(D) Date(s) and time(s) of training.
(E) Training location(s) telephone
number, and address.
(F) Principal instructor’s name.
(G) Training manager’s name and signature.
(vi) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency’s Central
Data Exchange (CDX). Written notification of lead-based paint activities
course schedules can be accomplished
by using either the sample form titled
‘‘Lead-Based Paint Training Notification’’ or a similar form containing the
information required in paragraph
(c)(13)(v) of this section. All written notifications must be delivered to EPA by
U.S. Postal Service, fax, commercial
delivery service, or hand delivery (persons submitting notification by U.S.
Postal Service are reminded that they
should allow 3 additional business days
for delivery in order to ensure that
EPA receives the notification by the
required date). Instructions and sample
forms can be obtained from the NLIC
at 1–800–424–LEAD(5323), or on the
Internet
at
http://www.epa.gov/lead.
Hearing- or speech-impaired persons
may reach the above telephone number
through TTY by calling the toll-free
Federal Relay Service at 1–800–877–8339.
(vii) Renovator, dust sampling technician, or lead-based paint activities
courses must not begin on a date, or at
a location other than that specified in

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§ 745.225

40 CFR Ch. I (7–1–14 Edition)

the original notification unless an updated notification identifying a new
start date or location is submitted, in
which case the course must begin on
the new start date and/or location specified in the updated notification.
(viii) No training program shall provide renovator, dust sampling technician, or lead-based paint activities
courses without first notifying EPA of
such activities in accordance with the
requirements of this paragraph.
(14) The training manager must provide notification following completion
of renovator, dust sampling technician,
or lead-based paint activities courses.
(i) The training manager must provide EPA notification after the completion of any lead-based paint activities course. This notice must be received by EPA no later than 10 business days following course completion.
(ii) The notification must include the
following:
(A) Training program name, EPA accreditation number, address, and telephone number.
(B) Course discipline and type (initial/refresher).
(C) Date(s) of training.
(D) The following information for
each student who took the course:
(1) Name.
(2) Address.
(3) Date of birth.
(4) Course completion certificate
number.
(5) Course test score.
(6) For renovator or dust sampling
technician courses, a digital photograph of the student.
(E) Training manager’s name and signature.
(iii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency’s Central
Data Exchange (CDX). Written notification following renovator, dust sampling technician, or lead-based paint
activities training courses can be accomplished by using either the sample
form titled ‘‘Lead-Based Paint Training Course Follow-up’’ or a similar
form containing the information required in paragraph (c)(14)(ii) of this
section. All written notifications must
be delivered to EPA by U.S. Postal
Service, fax, commercial delivery serv-

ice, or hand delivery (persons submitting notification by U.S. Postal Service
are reminded that they should allow 3
additional business days for delivery in
order to ensure that EPA receives the
notification by the required date). Instructions and sample forms can be obtained from the NLIC at 1–800–424–
LEAD (5323), or on the Internet at
http://www.epa.gov/lead.
(d) Minimum training curriculum requirements. To become accredited to
offer lead-based paint courses in the
specific disciplines listed in this paragraph, training programs must ensure
that their courses of study include, at
a minimum, the following course topics.
(1) Inspector. Instruction in the topics
described in paragraphs (d)(1)(iv), (v),
(vi), and (vii) of this section must be
included in the hands-on portion of the
course.
(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. Instruction in the
topics
described
in
paragraphs
(d)(2)(iv), (vi), and (vii) of this section
must be included in the hands-on portion of the course.
(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.

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Environmental Protection Agency

§ 745.225

(vi) Sampling for other sources of
lead exposure.
(vii) Interpretation of lead-based
paint and other lead sampling results,
including all applicable Federal or
State 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. Instruction in the topics described in paragraphs (d)(3)(v),
(vii), (viii), (ix), and (x) of this section
must be included in the hands-on portion of the course.
(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. Instruction in
the topics described in paragraphs
(d)(5)(iv), (v), (vi), and (vii) of this section must be included in the hands-on
portion of the course.
(i) Role and responsibilities of an
abatement worker.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State and local regulations and
guidance that pertain to lead-based
paint abatement.
(iv) Lead-based paint hazard recognition and control.
(v) Lead-based paint abatement and
lead-based paint hazard reduction
methods, including restricted practices.
(vi) Interior dust abatement methods/
cleanup or lead-based paint hazard reduction.
(vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction.
(6) Renovator. Instruction in the topics described in paragraphs (d)(6)(iv),
(vi), (vii), and (viii) of this section
must be included in the hands-on portion of the course.
(i) Role and responsibility of a renovator.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on
EPA, HUD, OSHA, and other Federal,
State, and local regulations and guidance that pertains to lead-based paint
and renovation activities.
(iv) Procedures for using acceptable
test kits to determine whether paint is
lead-based paint.
(v) Procedures for collecting a paint
chip sample and sending it to a laboratory recognized by EPA under section
405(b) of TSCA.
(vi) Renovation methods to minimize
the creation of dust and lead-based
paint hazards.
(vii) Interior and exterior containment and cleanup methods.

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(viii) Methods to ensure that the renovation has been properly completed,
including cleaning verification and
clearance testing.
(ix) Waste handling and disposal.
(x) Providing on-the-job training to
other workers.
(xi) Record preparation.
(7) Dust sampling technician. Instruction in the topics described in paragraphs (d)(6)(iv) and (vi) of this section
must be included in the hands-on portion of the course.
(i) Role and responsibility of a dust
sampling technician.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertains to lead-based
paint and renovation activities.
(iv) Dust sampling methodologies.
(v) Clearance standards and testing.
(vi) Report preparation.
(e) Requirements for the accreditation
of refresher training programs. A training program may seek accreditation to
offer refresher training courses in any
of the following disciplines: Inspector,
risk assessor, supervisor, project designer, abatement worker, renovator,
and dust sampling technician. To obtain EPA accreditation to offer refresher training, a training program
must meet the following minimum requirements:
(1) 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
in general, as well as specific information pertaining to the appropriate discipline.
(ii) Current laws and regulations relating to lead-based paint in general, as
well as specific information pertaining
to the appropriate discipline.
(iii) Current technologies relating to
lead-based paint in general, as well as
specific information pertaining to the
appropriate discipline.

(2) Refresher courses for inspector,
risk assessor, supervisor, and abatement worker must last a minimum of 8
training hours. Refresher courses for
project designer, renovator, and dust
sampling technician must last a minimum of 4 training hours. Refresher
courses for all disciplines except
project designer must include a handson component.
(3) Except for project designer
courses, for all other courses offered,
the training program shall conduct a
hands-on assessment, 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)(1) through (c)(5) and
(c)(7) through (c)(14), and (e)(1),through
(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) The name and documentation of
the qualifications of the training program manager.
(iv) The name(s) and documentation
of the qualifications of the principal
instructor(s).
(v) 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.

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§ 745.225

(vi) If the refresher training course
materials are not based on EPA-developed model training materials, 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.
(vii) All refresher training programs
shall include in their application for
accreditation the following:
(A) A description of the facilities and
equipment to be used for lecture and
hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and
procedures that will be used for conducting the assessment of hands-on
skills for each course (if applicable).
(D) A copy of the quality control plan
as described in paragraph (c)(9) of this
section.
(viii) The requirements in paragraphs
(c)(1) through (c)(5), and (c)(7) through
(c)(14) of this section apply to refresher
training providers.
(ix) 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 reaccredited.

(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) The name and qualifications of
the training program manager.
(iv) The name(s) and qualifications of
the principal instructor(s).
(v) 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.
(vi) 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.
(vii) 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.

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§ 745.225

40 CFR Ch. I (7–1–14 Edition)

(iv) Falsified accreditation records,
instructor qualifications, or other accreditation-related information or documentation.
(v) Failed to comply with the training standards and requirements in this
section.
(vi) Failed to comply with Federal,
State, or local lead-based paint statutes or regulations.
(vii) Made false or misleading statements to EPA in its application for accreditation or re-accreditation which
EPA relied upon in approving the application.
(2) In addition to an administrative
or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section,
evidence of a failure to comply with
relevant statutes or regulations.
(h) Procedures for suspension, revocation or modification of training program
accreditation. (1) Prior to taking action
to suspend, revoke, or modify the accreditation of a training program, EPA
shall notify the affected entity in writing of the following:
(i) The legal and factual basis for the
suspension, revocation, or modification.
(ii) The anticipated commencement
date and duration of the suspension,
revocation, or modification.
(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or
to receive accreditation in the future.
(iv) The opportunity and method for
requesting a hearing prior to final EPA
action to suspend, revoke or modify accreditation.
(v) Any additional information, as
appropriate, which EPA may provide.
(2) If a hearing is requested by the accredited training program, EPA shall:
(i) Provide the affected entity an opportunity to offer written statements
in response to EPA’s assertions of the
legal and factual basis for its proposed
action, and any other explanations,
comments, and arguments it deems relevant to the proposed action.
(ii) Provide the affected entity such
other procedural opportunities as EPA
may deem appropriate to ensure a fair
and impartial hearing.

(iii) Appoint an official of EPA as
Presiding Officer to conduct the hearing. No person shall serve as Presiding
Officer if he or she has had any prior
connection with the specific matter.
(3) The Presiding Officer appointed
pursuant to paragraph (h)(2) of this
section shall:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing.
(ii) Consider all relevant evidence,
explanation, comment, and argument
submitted.
(iii) Notify the affected entity in
writing within 90 days of completion of
the hearing of his or her decision and
order. Such an order is a final agency
action which may be subject to judicial
review.
(4) If EPA determines that the public
health, interest, or welfare warrants
immediate action to suspend the accreditation of any training program
prior to the opportunity for a hearing,
it shall:
(i) Notify the affected entity of its intent to immediately suspend training
program accreditation for the reasons
listed in paragraph (g)(1) of this section. If a suspension, revocation, or
modification notice has not previously
been issued pursuant to paragraph
(g)(1) of this section, it shall be issued
at the same time the emergency suspension notice is issued.
(ii) Notify the affected entity in writing of the grounds for the immediate
suspension and why it is necessary to
suspend the entity’s accreditation before an opportunity for a suspension,
revocation or modification hearing.
(iii) Notify the affected entity of the
anticipated commencement date and
duration of the immediate suspension.
(iv) Notify the affected entity of its
right to request a hearing on the immediate suspension within 15 days of
the suspension taking place and the
procedures for the conduct of such a
hearing.
(5) Any notice, decision, or order
issued by EPA under this section, any
transcripts or other verbatim record of
oral testimony, and any documents
filed by an accredited training program
in a hearing under this section shall be
available to the public, except as otherwise provided by section 14 of TSCA

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Environmental Protection Agency

§ 745.225

or by 40 CFR part 2. 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 40 CFR
part 2.
(6) The public shall be notified of the
suspension, revocation, modification or
reinstatement of a training program’s
accreditation
through
appropriate
mechanisms.
(7) EPA shall maintain a list of parties whose accreditation has been suspended, revoked, modified or reinstated.
(i) Training program recordkeeping requirements. (1) Accredited training programs shall maintain, and make available to EPA, upon request, the following records:
(i) All documents specified in paragraph (c)(4) of this section that demonstrate the qualifications listed in
paragraphs (c)(1) and (c)(2) of this section of the training manager and principal instructors.
(ii) Current curriculum/course materials and documents reflecting any
changes made to these materials.
(iii) The course test blueprint.
(iv) Information regarding how the
hands-on assessment is conducted including, but not limited to:
(A) Who conducts the assessment.
(B) How the skills are graded.
(C) What facilities are used.
(D) The pass/fail rate.
(v) The quality control plan as described in paragraph (c)(9) of this section.
(vi) Results of the students’ hands-on
skills assessments and course tests,
and a record of each student’s course
completion certificate.
(vii) Any other material not listed 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.
(viii) For renovator refresher and
dust sampling technician refresher
courses, a copy of each trainee’s prior
course completion certificate showing
that each trainee was eligible to take
the refresher course.

(ix) For course modules delivered in
an electronic format, a record of each
student’s log-ins, launches, progress,
and completion, and a copy of the electronic learning completion certificate
for each student.
(2) The training program must retain
records pertaining to renovator, dust
sampling technician and lead-based
paint activities courses at the address
specified on the training program accreditation application (or as modified
in accordance with paragraph (i)(3) of
this section) for the following minimum periods:
(i) Records pertaining to lead-based
paint activities courses must be retained for a minimum of 3 years and 6
months.
(ii) Records pertaining to renovator
or dust sampling technician courses offered before April 22, 2010 must be retained until July 1, 2015.
(iii) Records pertaining to renovator
or dust sampling technician courses offered on or after April 22, 2010 must be
retained for a minimum of 5 years.
(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.
(j) Amendment of accreditation. (1) A
training program must amend its accreditation within 90 days of the date a
change occurs to information included
in the program’s most recent application. If the training program fails to
amend its accreditation within 90 days
of the date the change occurs, the program may not provide renovator, dust
sampling technician, or lead-based
paint activities training until its accreditation is amended.
(2) To amend an accreditation, a
training program must submit a completed ‘‘Accreditation Application for
Training Providers,’’ signed by an authorized agent of the training provider,
noting on the form that it is submitted
as an amendment and indicating the
information that has changed.
(3) Training managers, principal instructors, permanent training locations. If
the amendment includes a new training
program manager, any new or additional principal instructor(s), or any
new permanent training location(s),

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§ 745.226

40 CFR Ch. I (7–1–14 Edition)

the training provider is not permitted
to provide training under the new
training manager or offer courses
taught by any new principal instructor(s) or at the new training location(s)
until EPA either approves the amendment or 30 days have elapsed, whichever occurs earlier. Except:
(i) If the amendment includes a new
training program manager or new or
additional principal instructor that
was identified in a training provider
accreditation application that EPA has
already approved under this section,
the training provider may begin to provide training under the new training
manager or offer courses taught by the
new principal instructor on an interim
basis as soon as the provider submits
the amendment to EPA. The training
provider may continue to provide
training under the new training manager or offer courses taught by the new
principal instructor if EPA approves
the amendment or if EPA does not disapprove the amendment within 30 days.
(ii) If the amendment includes a new
permanent training location, the training provider may begin to provide
training at the new permanent training
location on an interim basis as soon as
the provider submits the amendment
to EPA. The training provider may
continue to provide training at the new
permanent training location if EPA approves the amendment or if EPA does
not disapprove the amendment within
30 days.
[76 FR 47939, Aug. 5, 2011]

§ 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]
(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

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