##  TITLE 40\--PROTECTION OF ENVIRONMENT

PART 745\--LEAD-BASED PAINT POISIONING PREVENTION IN CERTAIN RESIDENTIAL
STRUCTURES\--

# Subpart L\--Lead-Based Paint Activities

Sec. 745.220 Scope and applicability.

Sec. 745.223 Definitions.

Sec. 745.225 Accreditation of training programs: target housing and

child-occupied facilities.

Sec. 745.226 Certification of individuals and firms engaged in lead-

based paint activities: target housing and child-occupied

facilities.

Sec. 745.227 Work practice standards for conducting lead-based paint

activities: target housing and child-occupied facilities.

Sec. 745.228 Accreditation of training programs: public and commercial

buildings, bridges and superstructures. \[Reserved\]

Sec. 745.229 Certification of individuals and firms engaged in lead-

based paint activities: public and commercial buildings,

bridges and superstructures. \[Reserved\]

Sec. 745.230 Work practice standards for conducting lead-based paint

activities: public and commercial buildings, bridges and

superstructures. \[Reserved\]

Sec. 745.233 Lead-based paint activities requirements.

Sec. 745.235 Enforcement.

Sec. 745.237 Inspections.

Sec. 745.238 Fees for accreditation and certification of lead-based

paint activities.

Sec. 745.239 Effective dates.

**Sec. 745.220 Scope and applicability.**

\(a\) This subpart contains procedures and requirements for the

accreditation of lead-based paint activities training programs,

procedures and requirements for the certification of individuals and

firms engaged in lead-based paint activities, and work practice

standards for performing such activities. This subpart also requires

that, except as discussed below, all lead-based paint activities, as

defined in this subpart, be performed by certified individuals and

firms.

\(b\) This subpart applies to all individuals and firms who are

engaged in lead-based paint activities as defined in Sec. 745.223,

except persons who perform these activities within residential dwellings

that they own, unless the residential dwelling is occupied by a person

or persons other than the owner or the owner\'s immediate family while

these activities are being performed, or a child residing in the

building has been identified as having an elevated blood lead level.

This subpart applies only in those States or Indian Country that do not

have an authorized State or Tribal program pursuant to Sec. 745.324 of

subpart Q.

\(c\) Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government having

jurisdiction over any property or facility, or engaged in any activity

resulting, or which may result, in a lead-based paint hazard, and each

officer, agent, or employee thereof shall be subject to, and comply

with, all Federal, State, interstate, and local requirements, both

substantive and procedural, including the requirements of this subpart

regarding lead-based paint, lead-based paint activities, and lead-based

paint hazards.

\(d\) While this subpart establishes specific requirements for

performing lead-based paint activities should they be undertaken,

nothing in this subpart requires that the owner or occupant undertake

any particular lead-based paint activity.

Sec. 745.223 Definitions.

The definitions in subpart A apply to this subpart. In addition, the

following definitions apply.

[Abatement]{.underline} means any measure or set of measures designed to

permanently eliminate lead-based paint hazards.

Abatement includes, but is not limited to:

\(1\) The removal of lead-based paint and lead-contaminated dust, the

permanent enclosure or encapsulation of lead-based paint, the

replacement of lead-painted surfaces or fixtures, and the removal or

covering of lead-contaminated soil; and

\(2\) All preparation, cleanup, disposal, and post-abatement clearance

testing activities associated with such measures.

\(3\) Specifically, abatement includes, but is not limited to:

\(i\) Projects for which there is a written contract or other

documentation, which provides that an individual or firm will be

conducting activities in or to a residential dwelling or child-occupied

facility that:

\(A\) Shall result in the permanent elimination of lead-based paint

hazards; or

\(B\) Are designed to permanently eliminate lead-based paint hazards

and are described in paragraphs (1) and (2) of this definition.

\(ii\) Projects resulting in the permanent elimination of lead-based

paint hazards, conducted by firms or individuals certified in accordance

with Sec. 745.226, unless such projects are covered by paragraph (4) of

this definition;

\(iii\) Projects resulting in the permanent elimination of lead-based

paint hazards, conducted by firms or individuals who, through their

company name or promotional literature, represent, advertise, or hold

themselves out to be in the business of performing lead-based paint

activities as identified and defined by this section, unless such

projects are covered by paragraph (4) of this definition; or

\(iv\) Projects resulting in the permanent elimination of lead-based

paint hazards, that are conducted in response to State or local

abatement orders.

\(4\) Abatement does not include renovation, remodeling, landscaping

or other activities, when such activities are not designed to

permanently eliminate lead-based paint hazards, but, instead, are

designed to repair, restore, or remodel a given structure or dwelling,

even though these activities may incidentally result in a reduction or

elimination of lead-based paint hazards. Furthermore, abatement does not

include interim controls, operations and maintenance activities, or

other measures and activities designed to temporarily, but not

permanently, reduce lead-based paint hazards.

[Accredited training program]{.underline} means a training program that
has been

accredited by EPA pursuant to Sec. 745.225 to provide training for

individuals engaged in lead-based paint activities.

[Adequate quality control]{.underline} 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]{.underline} means a company, partnership, corporation,
sole

proprietorship, association, or other business entity that performs

lead-based paint activities to which EPA has issued a certificate of

approval pursuant to Sec. 745.226(f).

[Certified inspector]{.underline} means an individual who has been
trained by an

accredited training program, as defined by this section, and certified

by EPA pursuant to Sec. 745.226 to conduct inspections. A certified

inspector also samples for the presence of lead in dust and soil for the

purposes of abatement clearance testing.

###  [Certified abatement worker]{.underline} means an individual who has been trained 

by an accredited training program, as defined by this section, and

certified by EPA pursuant to Sec. 745.226 to perform abatements.

[Certified project designer]{.underline} means an individual who has
been trained

by an accredited training program, as defined by this section, and

certified by EPA pursuant to Sec. 745.226 to prepare abatement project

designs, occupant protection plans, and abatement reports.

[Certified risk assessor]{.underline} means an individual who has been
trained by

an accredited training program, as defined by this section, and

certified by EPA pursuant to Sec. 745.226 to conduct risk assessments. A

risk assessor also samples for the presence of lead in dust and soil for

the purposes of abatement clearance testing.

[Certified supervisor]{.underline} means an individual who has been
trained by an

accredited training program, as definedby this section, and certified by
EPA pursuant to Sec. 745.226 to

supervise and conduct abatements, and to prepare occupant protection

plans and abatement reports.

[Child-occupied facility]{.underline} 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]{.underline} are values that indicate the maximum
amount of lead

permitted in dust on a surface following completion of an abatement

activity.

[Common area]{.underline} 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]{.underline} means specific design or
structural

elements or fixtures of a building, residential dwelling, or child-

occupied facility that are distinguished from each other by form,

function, and location. These include, but are not limited to, interior

components such as: ceilings, crown molding, walls, chair rails, doors,

door trim, floors, fireplaces, radiators and other heating units,

shelves, shelf supports, stair treads, stair risers, stair stringers,

newel posts, railing caps, balustrades, windows and trim (including

sashes, window heads, jambs, sills or stools and troughs), built in

cabinets, columns, beams, bathroom vanities, counter tops, and air

conditioners; and exterior components such as: painted roofing,

chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias,

rake boards, cornerboards, bulkheads, doors and door trim, fences,

floors, joists, lattice work, railings and railing caps, siding,

handrails, stair risers and treads, stair stringers, columns,

balustrades, window sills or stools and troughs, casings, sashes and

wells, and air conditioners.

[Containment]{.underline} 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]{.underline} means an outline of the key topics to be
covered

during a training course, including the time allotted to teach each

topic.

[Course test]{.underline} 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]{.underline} means written documentation
identifying the

proportion of course test questions devoted to each major topic in the

course curriculum.

[Deteriorated paint]{.underline} means paint that is cracking, flaking,
chipping,

peeling, or otherwise separating from the substrate of a building

component.

[Discipline]{.underline} means one of the specific types or categories
of lead-

based paint activities identified in this subpart for which individuals

may receive training from accredited programs and become certified by

EPA. For example, \`\`abatement worker\'\' is a discipline.

Distinct painting history means the application history, as

indicated by its visual appearance or a record of application, over

time, of paint or other surface coatings to a component or room.

[Documented methodologies]{.underline} are methods or protocols used to
sample for

the presence of lead in paint, dust, and soil.

[Elevated blood lead level (EBL)]{.underline} means an excessive
absorption of

lead that is a confirmed concentration of lead in whole blood of 20

\<greek-m\> g/dl (micrograms of lead per deciliter of whole blood) for a

single venous test or of 15-19 \<greek-m\> g/dl in two consecutive tests

taken 3 to 4 months apart.

[Encapsulant]{.underline} 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]{.underline} means the application of an encapsulant.

[Enclosure]{.underline} 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]{.underline} 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]{.underline} means an evaluation which tests
the

trainees\' ability to satisfactorily perform the work practices and

procedures identified in Sec. 745.225(d), as well as any other skill

taught in a training course.

[Hazardous waste]{.underline} means any waste as defined in 40 CFR
261.3.

###  [Inspection]{.underline} 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]{.underline} means the status of an individual
who has

successfully completed the appropriate training course in a discipline

from an accredited training program, as defined by this section, but has

not yet received formal certification in that discipline from EPA

pursuant to Sec. 745.226. Interim certifications expire 6 months after

the completion of the training course, and is equivalent to a

certificate for the 6-month period.

[Interim controls]{.underline} means a set of measures designed to
temporarily

reduce human exposure or likely exposure to lead-based paint hazards,

including specialized cleaning, repairs, maintenance, painting,

temporary containment, ongoing monitoring of lead-based paint hazards or

potential hazards, and the establishment and operation of management and

resident education programs.

[Lead-based paint]{.underline} 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]{.underline} 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]{.underline} means any condition that causes
exposure to

lead from lead-contaminated dust, lead-contaminated soil, or lead-

contaminated paint that is deteriorated or present in accessible

surfaces, friction surfaces, or impact surfaces that would result in

adverse human health effects as identified by the Administrator pursuant

to TSCA section 403.

[Lead-contaminated dust]{.underline} means surface dust in residential
dwellings,

or child-occupied facilities that contains an area or mass concentration

of lead at or in excess of levels identified by the Administrator

pursuant to TSCA section 403.

[Lead-contaminated soil]{.underline} means bare soil on residential real
property

and on the property of a child-occupied facility that contains lead at

or in excess of levels identified by the Administrator pursuant to TSCA

section 403.

[Lead-hazard screen]{.underline} is a limited risk assessment activity
that

involves limited paint and dust sampling as described in

Sec. 745.227(c).

[Living area]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means the individual who has the
primary

responsibility for organizing and teaching a particular course.

[Recognized laboratory]{.underline} 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]{.underline} means measures designed to reduce or eliminate
human

exposure to lead-based paint hazards through methods including interim

controls and abatement.

[Residential dwelling]{.underline} 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]{.underline} means (1) an on-site investigation to
determine the

existence, nature, severity, and location of lead-based paint hazards,

and (2) the provision of a report by the individual or the firm

conducting the risk assessment, explaining the results of the

investigation and options for reducing lead-based paint hazards.

[State]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} 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]{.underline} means the individual responsible for
administering

a training program and monitoring the performance of principal

instructors and guest instructors.

[Visual inspection for clearance testing]{.underline} 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]{.underline} 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.

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

\(a\) Scope. (1) A training program may seek accreditation to offer

lead-based paint activities courses in any of the following disciplines:

inspector, risk assessor, supervisor, project designer, and abatement

worker. A training program may also seek accreditation to offer

refresher courses for each of the above listed disciplines.

\(2\) Training programs may first apply to EPA for accreditation of

their lead-based paint activities courses or refresher courses pursuant

to this section on or after August 31, 1998.

\(3\) A training program shall not provide, offer, or claim to provide

EPA-accredited lead-based paint activities

courses without applying for and receiving accreditation from EPA as

required under paragraph (b) of this section on or after March 1, 1999.

\(b\) Application process. The following are procedures a training

program shall follow to receive EPA accreditation to offer lead-based

paint activities courses:

\(1\) A training program seeking accreditation shall submit a written

application to EPA containing the following information:

\(i\) The training program\'s name, address, and telephone number.

\(ii\) A list of courses for which it is applying for accreditation.

\(iii\) A statement signed by the training program manager certifying

that the training program meets the requirements established in

paragraph (c) of this section. If a training program uses EPA-

recommended model training materials, or training materials approved by

a State or Indian Tribe that has been authorized by EPA under subpart Q

of this part, the training program manager shall include a statement

certifying that, as well.

\(iv\) If a training program does not use EPA-recommended model

training materials or training materials approved by an authorized State

or Indian Tribe, its application for accreditation shall also include:

\(A\) A copy of the student and instructor manuals, or other materials

to be used for each course.

\(B\) A copy of the course agenda for each course.

\(v\) All training programs shall include in their application for

accreditation the following:

\(A\) A description of the facilities and equipment to be used for

lecture and hands-on training.

\(B\) A copy of the course test blueprint for each course.

\(C\) A description of the activities and procedures that will be used

for conducting the assessment of hands-on skills for each course.

\(D\) A copy of the quality control plan as described in paragraph

(c)(9) of this section.

\(2\) If a training program meets the requirements in paragraph (c) of

this section, then EPA shall approve the application for accreditation

no more than 180 days after receiving a complete application from the

training program. In the case of approval, a certificate of

accreditation shall be sent to the applicant. In the case of

disapproval, a letter describing the reasons for disapproval shall be

sent to the applicant. Prior to disapproval, EPA may, at its discretion,

work with the applicant to address inadequacies in the application for

accreditation. EPA may also request additional materials retained by the

training program under paragraph (i) of this section. If a training

program\'s application is disapproved, the program may reapply for

accreditation at any time.

\(3\) A training program may apply for accreditation to offer courses

or refresher courses in as many disciplines as it chooses. A training

program may seek accreditation for additional courses at any time as

long as the program can demonstrate that it meets the requirements of

this section.

\(4\) A training program applying for accreditation must submit the

appropriate fees in accordance with Sec. 745.238.

\(c\) Requirements for the accreditation of training programs. For a

training program to obtain accreditation from EPA to offer lead-based

paint activities courses, the program shall meet the following

requirements:

\(1\) The training program shall employ a training manager who has:

\(i\) At least 2 years of experience, education, or training in

teaching workers or adults; or

\(ii\) A bachelor\'s or graduate degree in building construction

technology, engineering, industrial hygiene, safety, public health,

education, business administration or program management or a related

field; or

\(iii\) Two years of experience in managing a training program

specializing in environmental hazards; and

\(iv\) Demonstrated experience, education, or training in the

construction industry including: lead or asbestos abatement, painting,

carpentry, renovation, remodeling, occupational safety and health, or

industrial hygiene.

\(2\) The training manager shall designate a qualified principal

instructor for each course who has:

\(i\) Demonstrated experience, education, or training in teaching

workers or adults; and

\(ii\) Successfully completed at least 16 hours of any EPA-accredited

or EPA-authorized State or Tribal-accredited lead-specific training; and

\(iii\) Demonstrated experience, education, or training in lead or

asbestos abatement, painting, carpentry, renovation, remodeling,

occupational safety and health, or industrial hygiene.

\(3\) The principal instructor shall be responsible for the

organization of the course and oversight of the teaching of all course

material. The training manager may designate guest instructors as needed

to provide instruction specific to the lecture, hands-on activities, or

work practice components of a course.

\(4\) The following documents shall be recognized by EPA as evidence

that training managers and principal instructors have the education,

work experience, training requirements or demonstrated experience,

specifically listed in paragraphs (c)(1) and (c)(2) of this section.

This documentation need not be submitted with the accreditation

application, but, if not submitted, shall be retained by the training

program as required by the recordkeeping requirements contained in

paragraph (i) of this section. Those documents include the following:

\(i\) Official academic transcripts or diploma as evidence of meeting

the education requirements.

\(ii\) Resumes, letters of reference, or documentation of work

experience, as evidence of meeting the work experience requirements.

\(iii\) Certificates from train-the-trainer courses and lead-specific

training courses, as evidence of meeting the training requirements.

\(5\) The training program shall ensure the availability of, and

provide adequate facilities for, the delivery of the lecture, course

test, hands-on training, and assessment activities. This includes

providing training equipment that reflects current work practices and

maintaining or updating the equipment and facilities as needed.

\(6\) To become accredited in the following disciplines, the training

program shall provide training courses that meet the following training

hour requirements:

\(i\) The inspector course shall last a minimum of 24 training hours,

with a minimum of 8 hours devoted to hands-on training activities. The

minimum curriculum requirements for the inspector course are contained

in paragraph (d)(1) of this section.

\(ii\) The risk assessor course shall last a minimum of 16 training

hours, with a minimum of 4 hours devoted to hands-on training

activities. The minimum curriculum requirements for the risk assessor

course are contained in paragraph (d)(2) of this section.

\(iii\) The supervisor course shall last a minimum of 32 training

hours, with a minimum of 8 hours devoted to hands-on activities. The

minimum curriculum requirements for the supervisor course are contained

in paragraph (d)(3) of this section.

\(iv\) The project designer course shall last a minimum of 8 training

hours. The minimum curriculum requirements for the project designer

course are contained in paragraph (d)(4) of this section.

\(v\) The abatement worker course shall last a minimum of 16 training

hours, with a minimum of 8 hours devoted to hands-on training

activities. The minimum curriculum requirements for the abatement worker

course are contained in paragraph (d)(5) of this section.

\(7\) For each course offered, the training program shall conduct

either a course test at the completion of the course, and if applicable,

a hands-on skills assessment, or in the alternative, a proficiency test

for that discipline. Each individual must successfully complete the

hands-on skills assessment and receive a passing score on the course

test to pass any course, or successfully complete a proficiency test.

\(i\) The training manager is responsible for maintaining the validity

and integrity of the hands-on skills assessment or 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 andintegrity of the course test to ensure that it accurately
evaluates the

trainees\' knowledge and retention of the course topics.

\(iii\) The course test shall be developed in accordance with the test

blueprint submitted with the training accreditation application.

\(8\) The training program shall issue unique course completion

certificates to each individual who passes the training course. The

course completion certificate shall include:

\(i\) The name, a unique identification number, and address of the

individual.

\(ii\) The name of the particular course that the individual

completed.

\(iii\) Dates of course completion/test passage.

\(iv\) Expiration date of interim certification, which shall be 6

months from the date of course completion.

\(v\) The name, address, and telephone number of the training program.

\(9\) The training manager shall develop and implement a quality

control plan. The plan shall be used to maintain and improve the quality

of the training program over time. This plan shall contain at least the

following elements:

\(i\) Procedures for periodic revision of training materials and the

course test to reflect innovations in the field.

\(ii\) Procedures for the training manager\'s annual review of

principal instructor competency.

\(10\) The training program shall offer courses which teach the work

practice standards for conducting lead-based paint activities contained

in Sec. 745.227, and other standards developed by EPA pursuant to Title

IV of TSCA. These standards shall be taught in the appropriate courses

to provide trainees with the knowledge needed to perform the lead-based

paint activities they are responsible for conducting.

\(11\) The training manager shall be responsible for ensuring that the

training program complies at all times with all of the requirements in

this section.

\(12\) The training manager shall allow EPA to audit the training

program to verify the contents of the application for accreditation as

described in paragraph (b) of this section.

\(d\) Minimum training curriculum requirements. To become accredited

to offer lead-based paint courses instruction in the specific

disciplines listed below, training programs must ensure that their

courses of study include, at a minimum, the following course topics.

Requirements ending in an asterisk (\*) indicate areas that require

hands-on activities as an integral component of the course.

\(1\) Inspector. (i) Role and responsibilities of an inspector.

\(ii\) Background information on lead and its adverse health effects.

\(iii\) Background information on Federal, State, and local

regulations and guidance that pertains to lead-based paint and lead-

based paint activities.

\(iv\) Lead-based paint inspection methods, including selection of

rooms and components for sampling or testing.\*

\(v\) Paint, dust, and soil sampling methodologies.\*

\(vi\) Clearance standards and testing, including random sampling.\*

\(vii\) Preparation of the final inspection report.\*

\(viii\) Recordkeeping.

\(2\) Risk assessor. (i) Role and responsibilities of a risk assessor.

\(ii\) Collection of background information to perform a risk

assessment.

\(iii\) Sources of environmental lead contamination such as paint,

surface dust and soil, water, air, packaging, and food.

\(iv\) Visual inspection for the purposes of identifying potential

sources of lead-based paint hazards.\*

\(v\) Lead hazard screen protocol.

\(vi\) Sampling for other sources of lead exposure.\*

\(vii\) Interpretation of lead-based paint and other lead sampling

results, including all applicable State or Federal guidance or

regulations pertaining to lead-based paint hazards.\*

\(viii\) Development of hazard control options, the role of interim

controls, and operations and maintenance activities to reduce lead-based

paint hazards.

\(ix\) Preparation of a final risk assessment report.

\(3\) Supervisor. (i) Role and responsibilities of a supervisor.

\(ii\) Background information on lead and its adverse health effects.

\(iii\) Background information on Federal, State, and local

regulations andguidance that pertain to lead-based paint abatement.

\(iv\) Liability and insurance issues relating to lead-based paint

abatement.

\(v\) Risk assessment and inspection report interpretation.\*

\(vi\) Development and implementation of an occupant protection plan

and abatement report.

\(vii\) Lead-based paint hazard recognition and control.\*

\(viii\) Lead-based paint abatement and lead-based paint hazard

reduction methods, including restricted practices.\*

\(ix\) Interior dust abatement/cleanup or lead-based paint hazard

control and reduction methods.\*

\(x\) Soil and exterior dust abatement or lead-based paint hazard

control and reduction methods.\*

\(xi\) Clearance standards and testing.

\(xii\) Cleanup and waste disposal.

\(xiii\) Recordkeeping.

\(4\) Project designer. (i) Role and responsibilities of a project

designer.

\(ii\) Development and implementation of an occupant protection plan

for large scale abatement projects.

\(iii\) Lead-based paint abatement and lead-based paint hazard

reduction methods, including restricted practices for large-scale

abatement projects.

\(iv\) Interior dust abatement/cleanup or lead hazard control and

reduction methods for large-scale abatement projects.

\(v\) Clearance standards and testing for large scale abatement

projects.

\(vi\) Integration of lead-based paint abatement methods with

modernization and rehabilitation projects for large scale abatement

projects.

\(5\) Abatement worker. (i) Role and responsibilities of an abatement

worker.

\(ii\) Background information on lead and its adverse health effects.

\(iii\) Background information on Federal, State and local regulations

and guidance that pertain to lead-based paint abatement.

\(iv\) Lead-based paint hazard recognition and control.\*

\(v\) Lead-based paint abatement and lead-based paint hazard reduction

methods, including restricted practices.\*

\(vi\) Interior dust abatement methods/cleanup or lead-based paint

hazard reduction.\*

\(vii\) Soil and exterior dust abatement methods or lead-based paint

hazard reduction.\*

\(e\) Requirements for the accreditation of refresher training

programs. A training program may seek accreditation to offer refresher

training courses in any of the following disciplines: inspector, risk

assessor, supervisor, project designer, and abatement worker. To obtain

EPA accreditation to offer refresher training, a training program must

meet the following minimum requirements:

\(1\) Each refresher course shall review the curriculum topics of the

full-length courses listed under paragraph (d) of this section, as

appropriate. In addition, to become accredited to offer refresher

training courses, training programs shall ensure that their courses of

study include, at a minimum, the following:

\(i\) An overview of current safety practices relating to lead-based

paint activities in general, as well as specific information pertaining

to the appropriate discipline.

\(ii\) Current laws and regulations relating to lead-based paint

activities in general, as well as specific information pertaining to the

appropriate discipline.

\(iii\) Current technologies relating to lead-based paint activities

in general, as well as specific information pertaining to the

appropriate discipline.

\(2\) Each refresher course, except for the project designer course,

shall last a minimum of 8 training hours. The project designer refresher

course shall last a minimum of 4 training hours.

\(3\) For each course offered, the training program shall conduct a

hands-on assessment (if applicable), and at the completion of the

course, a course test.

\(4\) A training program may apply for accreditation of a refresher

course concurrently with its application for accreditation of the

corresponding training course as described in paragraph (b) of this

section. If so, EPA shall use the approval procedure described in

paragraph (b) of this section. In addition, the minimum requirements

containedin paragraphs (c) (except for the requirements in paragraph
(c)(6)), and

(e)(1), (e)(2) and (e)(3) of this section shall also apply.

\(5\) A training program seeking accreditation to offer refresher

training courses only shall submit a written application to EPA

containing the following information:

\(i\) The refresher training program\'s name, address, and telephone

number.

\(ii\) A list of courses for which it is applying for accreditation.

\(iii\) A statement signed by the training program manager certifying

that the refresher training program meets the minimum requirements

established in paragraph (c) of this section, except for the

requirements in paragraph (c)(6) of this section. If a training program

uses EPA-developed model training materials, or training materials

approved by a State or Indian Tribe that has been authorized by EPA

under Sec. 745.324 to develop its refresher training course materials,

the training manager shall include a statement certifying that, as well.

\(iv\) If the refresher training course materials are not based on

EPA-developed model training materials or training materials approved by

an authorized State or Indian Tribe, the training program\'s application

for accreditation shall include:

\(A\) A copy of the student and instructor manuals to be used for each

course.

\(B\) A copy of the course agenda for each course.

\(v\) All refresher training programs shall include in their

application for accreditation the following:

\(A\) A description of the facilities and equipment to be used for

lecture and hands-on training.

\(B\) A copy of the course test blueprint for each course.

\(C\) A description of the activities and procedures that will be used

for conducting the assessment of hands-on skills for each course (if

applicable).

\(D\) A copy of the quality control plan as described in paragraph

(c)(9) of this section.

\(vi\) The requirements in paragraphs (c)(1) through (c)(5), and

(c)(7) through (c)(12) of this section apply to refresher training

providers.

\(vii\) If a refresher training program meets the requirements listed

in this paragraph, then EPA shall approve the application for

accreditation no more than 180 days after receiving a complete

application from the refresher training program. In the case of

approval, a certificate of accreditation shall be sent to the applicant.

In the case of disapproval, a letter describing the reasons for

disapproval shall be sent to the applicant. Prior to disapproval, EPA

may, at its discretion, work with the applicant to address inadequacies

in the application for accreditation. EPA may also request additional

materials retained by the refresher training program under paragraph (i)

of this section. If a refresher training program\'s application is

disapproved, the program may reapply for accreditation at any time.

\(f\) Re-accreditation of training programs. (1) Unless re-accredited,

a training program\'s accreditation (including refresher training

accreditation) shall expire 4 years after the date of issuance. If a

training program meets the requirements of this section, the training

program shall be re-accredited.

\(2\) A training program seeking re-accreditation shall submit an

application to EPA no later than 180 days before its accreditation

expires. If a training program does not submit its application for re-

accreditation by that date, EPA cannot guarantee that the program will

be re-accredited before the end of the accreditation period.

\(3\) The training program\'s application for re-accreditation shall

contain:

\(i\) The training program\'s name, address, and telephone number.

\(ii\) A list of courses for which it is applying for re-

accreditation.

\(iii\) A description of any changes to the training facility,

equipment or course materials since its last application was approved

that adversely affects the students ability to learn.

\(iv\) A statement signed by the program manager stating:

\(A\) That the training program complies at all times with all

requirements in paragraphs (c) and (e) of this section, as applicable;

and

\(B\) The recordkeeping and reporting requirements of paragraph (i) of

this section shall be followed.

\(v\) A payment of appropriate fees in accordance with Sec. 745.238.

\(4\) Upon request, the training program shall allow EPA to audit the

training program to verify the contents of the application for re-

accreditation as described in paragraph (f)(3) of this section.

\(g\) Suspension, revocation, and modification of accredited training

programs. (1) EPA may, after notice and an opportunity for hearing,

suspend, revoke, or modify training program accreditation (including

refresher training accreditation) if a training program, training

manager, or other person with supervisory authority over the training

program has:

\(i\) Misrepresented the contents of a training course to EPA and/or

the student population.

\(ii\) Failed to submit required information or notifications in a

timely manner.

\(iii\) Failed to maintain required records.

\(iv\) Falsified accreditation records, instructor qualifications, or

other accreditation-related information or documentation.

\(v\) Failed to comply with the training standards and requirements in

this section.

\(vi\) Failed to comply with Federal, State, or local lead-based paint

statutes or regulations.

\(vii\) Made false or misleading statements to EPA in its application

for accreditation or re-accreditation which EPA relied upon in approving

the application.

\(2\) In addition to an administrative or judicial finding of

violation, execution of a consent agreement in settlement of an

enforcement action constitutes, for purposes of this section, evidence

of a failure to comply with relevant statutes or regulations.

\(h\) Procedures for suspension, revocation or modification of

training program accreditation. (1) Prior to taking action to suspend,

revoke, or modify the accreditation of a training program, EPA shall

notify the affected entity in writing of the following:

\(i\) The legal and factual basis for the suspension, revocation, or

modification.

\(ii\) The anticipated commencement date and duration of the

suspension, revocation, or modification.

\(iii\) Actions, if any, which the affected entity may take to avoid

suspension, revocation, or modification, or to receive accreditation in

the future.

\(iv\) The opportunity and method for requesting a hearing prior to

final EPA action to suspend, revoke or modify accreditation.

\(v\) Any additional information, as appropriate, which EPA may

provide.

\(2\) If a hearing is requested by the accredited training program,

EPA shall:

\(i\) Provide the affected entity an opportunity to offer written

statements in response to EPA\'s assertions of the legal and factual

basis for its proposed action, and any other explanations, comments, and

arguments it deems relevant to the proposed action.

\(ii\) Provide the affected entity such other procedural opportunities

as EPA may deem appropriate to ensure a fair and impartial hearing.

\(iii\) Appoint an official of EPA as Presiding Officer to conduct the

hearing. No person shall serve as Presiding Officer if he or she has had

any prior connection with the specific matter.

\(3\) The Presiding Officer appointed pursuant to paragraph (h)(2) of

this section shall:

\(i\) Conduct a fair, orderly, and impartial hearing within 90 days of

the request for a hearing.

\(ii\) Consider all relevant evidence, explanation, comment, and

argument submitted.

\(iii\) Notify the affected entity in writing within 90 days of

completion of the hearing of his or her decision and order. Such an

order is a final agency action which may be subject to judicial review.

\(4\) If EPA determines that the public health, interest, or welfare

warrants immediate action to suspend the accreditation of any training

program prior to the opportunity for a hearing, it shall:

\(i\) Notify the affected entity of its intent to immediately suspend

training program accreditation for the reasonslisted in paragraph (g)(1)
of this section. If a suspension, revocation,

or modification notice has not previously been issued pursuant to

paragraph (g)(1) of this section, it shall be issued at the same time

the emergency suspension notice is issued.

\(ii\) Notify the affected entity in writing of the grounds for the

immediate suspension and why it is necessary to suspend the entity\'s

accreditation before an opportunity for a suspension, revocation or

modification hearing.

\(iii\) Notify the affected entity of the anticipated commencement

date and duration of the immediate suspension.

\(iv\) Notify the affected entity of its right to request a hearing on

the immediate suspension within 15 days of the suspension taking place

and the procedures for the conduct of such a hearing.

\(5\) Any notice, decision, or order issued by EPA under this section,

any transcripts or other verbatim record of oral testimony, and any

documents filed by an accredited training program in a hearing under

this section shall be available to the public, except as otherwise

provided by section 14 of TSCA or by part 2 of this title. Any such

hearing at which oral testimony is presented shall be open to the

public, except that the Presiding Officer may exclude the public to the

extent necessary to allow presentation of information which may be

entitled to confidential treatment under section 14 of TSCA or part 2 of

this title.

\(6\) The public shall be notified of the suspension, revocation,

modification or reinstatement of a training program\'s accreditation

through appropriate mechanisms.

\(7\) EPA shall maintain a list of parties whose accreditation has

been suspended, revoked, modified or reinstated.

\(i\) Training program recordkeeping requirements. (1) Accredited

training programs shall maintain, and make available to EPA, upon

request, the following records:

\(i\) All documents specified in paragraph (c)(4) of this section that

demonstrate the qualifications listed in paragraphs (c)(1) and (c)(2) of

this section of the training manager and principal instructors.

\(ii\) Current curriculum/course materials and documents reflecting

any changes made to these materials.

\(iii\) The course test blueprint.

\(iv\) Information regarding how the hands-on assessment is conducted

including, but not limited to:

\(A\) Who conducts the assessment.

\(B\) How the skills are graded.

\(C\) What facilities are used.

\(D\) The pass/fail rate.

\(v\) The quality control plan as described in paragraph (c)(9) of

this section.

\(vi\) Results of the students\' hands-on skills assessments and course

tests, and a record of each student\'s course completion certificate.

\(vii\) Any other material not listed above in paragraphs (i)(1)(i)

through (i)(1)(vi) of this section that was submitted to EPA as part of

the program\'s application for accreditation.

\(2\) The training program shall retain these records at the address

specified on the training program accreditation application (or as

modified in accordance with paragraph (i)(3) of this section for a

minimum of 3 years and 6 months.

\(3\) The training program shall notify EPA in writing within 30 days

of changing the address specified on its training program accreditation

application or transferring the records from that address.

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

**facilities.**

\(a\) Certification of individuals. (1) Individuals seeking

certification by EPA to engage in lead-based paint activities must

either:

\(i\) Submit to EPA an application demonstrating that they meet the

requirements established in paragraphs (b) or (c) of this section for

the particular discipline for which certification is sought; or

\(ii\) Submit to EPA an application with a copy of a valid lead-based

paint activities certification (or equivalent) from a State or Tribal

program that has been authorized by EPA pursuant to subpart Q of this

part.

\(2\) Individuals may first apply to EPA for certification to engage

in lead-based paint activities pursuant to this section on or after

March 1, 1999.

\(3\) Following the submission of an application demonstrating that

all the requirements of this section have been meet, EPA shall certify

an applicant as an inspector, risk assessor, supervisor, project

designer, or abatement worker, as appropriate.

\(4\) Upon receiving EPA certification, individuals conducting lead-

based paint activities shall comply with the work practice standards for

performing the appropriate lead-based paint activities as established in

Sec. 745.227.

\(5\) It shall be a violation of TSCA for an individual to conduct any

of the lead-based paint activities described in Sec. 745.227 after 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 Sec. 745.238.

\(b\) Inspector, risk assessor or supervisor. (1) To become certified

by EPA as an inspector, risk assessor, or supervisor, pursuant to

paragraph (a)(1)(i) of this section, an individual must:

\(i\) Successfully complete an accredited course in the appropriate

discipline and receive a course completion certificate from an

accredited training program.

\(ii\) Pass the certification exam in the appropriate discipline

offered by EPA; and,

\(iii\) Meet or exceed the following experience and/or education

requirements:

\(A\) Inspectors. (1) No additional experience and/or education

requirements.

\(2\) \[Reserved\]

\(B\) Risk assessors. (1) Successful completion of an accredited

training course for inspectors; and

\(2\) Bachelor\'s degree and 1 year of experience in a related field

(e.g., lead, asbestos, environmental remediation work, or construction),

or an Associates degree and 2 years experience in a related field (e.g.,

lead, asbestos, environmental remediation work, or construction); or

\(3\) Certification as an industrial hygienist, professional engineer,

registered architect and/or certification in a related engineering/

health/environmental field (e.g., safety professional, environmental

scientist); or

\(4\) A high school diploma (or equivalent), and at least 3 years of

experience in a related field (e.g., lead, asbestos, environmental

remediation work or construction).

\(C\) Supervisor: (1) One year of experience as a certified lead-based

paint abatement worker; or

\(2\) At least 2 years of experience in a related field (e.g., lead,

asbestos, or environmental remediation work) or in the building trades.

\(2\) The following documents shall be recognized by EPA as evidence

of meeting the requirements listed in (b)(2)(iii) of this paragraph:

\(i\) Official academic transcripts or diploma, as evidence of meeting

the education requirements.

\(ii\) Resumes, letters of reference, or documentation of work

experience, as evidence of meeting the work experience requirements.

\(iii\) Course completion certificates from lead-specific or other

related training courses, issued by accredited training programs, as

evidence of meeting the training requirements.

\(3\) In order to take the certification examination for a particular

discipline an individual must:

\(i\) Successfully complete an accredited course in the appropriate

discipline and receive a course completion certificate from an

accredited training program.

\(ii\) Meet or exceed the education and/or experience requirements in

paragraph (b)(1)(iii) of this section.

\(4\) The course completion certificate shall serve as interim

certification for an individual until the next available opportunity to

take the certification exam. Such interim certification shall expire 6

months after issuance.

\(5\) After passing the appropriate certification exam and submitting

an application demonstrating that he/she meets the appropriate training,

education, and/or experience prerequisites described in paragraph (b)(1)

of this section, an individual shall be issued a certificate by EPA. To

maintain certification, an individual must be re-certified as described

in paragraph (e) of this section.

\(6\) An individual may take the certification exam no more than three

times within 6 months of receiving a course completion certificate.

\(7\) If an individual does not pass the certification exam and

receive a certificate within 6 months of receiving his/her course

completion certificate, the individual must retake the appropriate

course from an accredited training program before reapplying for

certification from EPA.

\(c\) Abatement worker and project designer. (1) To become certified

by EPA as an abatement worker or project designer, pursuant to paragraph

(a)(1)(i) of this section, an individual must:

\(i\) Successfully complete an accredited course in the appropriate

discipline and receive a course completion certificate from an

accredited training program.

\(ii\) Meet or exceed the following additional experience and/or

education requirements:

\(A\) Abatement workers. (1) No additional experience and/or education

requirements.

\(2\) \[Reserved\]

\(B\) Project designers. (1) Successful completion of an accredited

training course for supervisors.

\(2\) Bachelor\'s degree in engineering, architecture, or a related

profession, and 1 year of experience in building construction and design

or a related field; or

\(3\) Four years of experience in building construction and design or

a related field.

\(2\) The following documents shall be recognized by EPA as evidence

of meeting the requirements listed in this paragraph:

\(i\) Official academic transcripts or diploma, as evidence of meeting

the education requirements.

\(ii\) Resumes, letters of reference, or documentation of work

experience, as evidence of meeting the work experience requirements.

\(iii\) Course completion certificates from lead-specific or other

related training courses, issued by accredited training programs, as

evidence of meeting the training requirements.

\(3\) The course completion certificate shall serve as an interim

certification until certification from EPA is received, but shall be

valid for no more than 6 months from the date of completion.

\(4\) After successfully completing the appropriate training courses

and meeting any other qualifications described in paragraph (c)(1) of

this section, an individual shall be issued a certificate from EPA. To

maintain certification, an individual must be re-certified as described

in paragraph (e) of this section.

\(d\) Certification based on prior training. (1) Any individual who

received training in a lead-based paint activity between October 1,

1990, and March 1, 1999 shall be eligible for certification by EPA under

the alternative procedures contained in this paragraph. Individuals who

have received lead-based paint activities training at an EPA-authorized

State or Tribal accredited training program shall also be eligible for

certification by EPA under the following alternative procedures:

\(i\) Applicants for certification as an inspector, risk assessor, or

supervisor shall:

\(A\) Demonstrate that the applicant has successfully completed

training or on-the-job training in the conduct of a lead-based paint

activity.

\(B\) Demonstrate that the applicant meets or exceeds the education

and/or experience requirements in paragraph (b)(1)(iii) of this section.

\(C\) Successfully complete an accredited refresher training course

for the appropriate discipline.

\(D\) Pass a certification exam administered by EPA for the

appropriate discipline.

\(ii\) Applicants for certification as an abatement worker or project

designer shall:

\(A\) Demonstrate that the applicant has successfully completed

training or on-the-job training in the conduct of a lead-based paint

activity.

\(B\) Demonstrate that the applicant meets the education and/or

experience requirements in paragraphs (c)(1) of this section; and

\(C\) Successfully complete an accredited refresher training course

for the appropriate discipline.

\(2\) Individuals shall have until 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 Sec. 745.238.

\(f\) Certification of firms. (1) All firms which perform or offer to

perform any of the lead-based paint activities described in Sec. 745.227

after 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 Sec. 745.227

for conducting lead-based paint activities.

\(3\) From the date of receiving the firm\'s letter requesting

certification, EPA shall have 90 days to approve or disapprove the

firm\'s request for certification. Within that time, EPA shall respond

with either a certificate of approval or a letter describing the reasons

for a disapproval.

\(4\) The firm shall maintain all records pursuant to the requirements

in Sec. 745.227.

\(5\) Firms may first apply to EPA for certification to engage in

lead-based paint activities pursuant to this section on or after March

1, 1999.

\(6\) Firms applying for certification must submit the appropriate

fees in accordance with Sec. 745.238.

\(7\) To maintain certification a firm shall submit appropriate fees

in accordance with Sec. 745.238 every 3 years.

\(g\) Suspension, revocation, and modification of certifications of

individuals engaged in lead-based paint activities. (1) EPA may, after

notice and opportunity for hearing, suspend, revoke, or modify an

individual\'s certification if an individual has:

\(i\) Obtained training documentation through fraudulent means.

\(ii\) Gained admission to and completed an accredited training

program through misrepresentation of admission requirements.

\(iii\) Obtained certification through misrepresentation of

certification requirements or related documents dealing with education,

training, professional registration, or experience.

\(iv\) Performed work requiring certification at a job site without

having proof of certification.

\(v\) Permitted the duplication or use of the individual\'s own

certificate by another.

\(vi\) Performed work for which certification is required, but for

which appropriate certification has not been received.

\(vii\) Failed to comply with the appropriate work practice standards

for lead-based paint activities at Sec. 745.227.

\(viii\) Failed to comply with Federal, State, or local lead-based

paint statutes or regulations.

\(2\) In addition to an administrative or judicial finding of

violation, for purposes of this section only, execution of a consent

agreement in settlement of an enforcement action constitutes evidence of

a failure to comply with relevant statutes or regulations.

\(h\) Suspension, revocation, and modification of certifications of

firms engaged in lead-based paint activities. (1) EPA may, after notice

and opportunity for hearing, suspend, revoke, or modify a firm\'s

certification if a firm has:

\(i\) Performed work requiring certification at a job site with

individuals who are not certified.

\(ii\) Failed to comply with the work practice standards established

in Sec. 745.227.

\(iii\) Misrepresented facts in its letter of application for

certification to EPA.

\(iv\) Failed to maintain required records.

\(v\) Failed to comply with Federal, State, or local lead-based paint

statutes or regulations.

\(2\) In addition to an administrative or judicial finding of

violation, for purposes of this section only, execution of a consent

agreement in settlement of an enforcement action constitutes evidence of

a failure to comply with relevant statutes or regulations.

\(i\) Procedures for suspension, revocation, or modification of the

certification of individuals or firms.

\(1\) If EPA decides to suspend, revoke, or modify the certification

of any individual or firm, it shall notify the affected entity in

writing of the following:

\(i\) The legal and factual basis for the suspension, revocation, or

modification.

\(ii\) The commencement date and duration of the suspension,

revocation, or modification.

\(iii\) Actions, if any, which the affected entity may take to avoid

suspension, revocation, or modification or to receive certification in

the future.

\(iv\) The opportunity and method for requesting a hearing prior to

final EPA action to suspend, revoke, or modify certification.

\(v\) Any additional information, as appropriate, which EPA may

provide.

\(2\) If a hearing is requested by the certified individual or firm,

EPA shall:

\(i\) Provide the affected entity an opportunity to offer written

statements in response to EPA\'s assertion of the legal and factual
basis

and any other explanations, comments, and arguments it deems relevant to

the proposed action.

\(ii\) Provide the affected entity such other procedural opportunities

as EPA may deem appropriate to ensure a fair and impartial hearing.

\(iii\) Appoint an official of EPA as Presiding Officer to conduct the

hearing. No person shall serve as Presiding Officer if he or she has had

any prior connection with the specific matter.

\(3\) The Presiding Officer shall:

\(i\) Conduct a fair, orderly, and impartial hearing within 90 days of

the request for a hearing;

\(ii\) Consider all relevant evidence, explanation, comment, and

argument submitted; and

\(iii\) Notify the affected entity in writing within 90 days of

completion of the hearing of his or her decision and order. Such an

order is a final EPA action subject to judicial review.

\(4\) If EPA determines that the public health, interest, or welfare

warrants immediate action to suspend the certification of any individual

or firm prior to the opportunity for a hearing, it shall:

\(i\) Notify the affected entity of its intent to immediately suspend

certification for the reasons listed in paragraph (h)(1) of this

section. If a suspension, revocation, or modification notice has not

previously been issued, it shall be issued at the same time the

immediate suspension notice is issued.

\(ii\) Notify the affected entity in writing of the grounds upon which

the immediate suspension is based and why it is necessary to suspend the

entity\'s accreditation before an opportunity for a hearing to suspend,

revoke, or modify the individual\'s or firm\'s certification.

\(iii\) Notify the affected entity of the commencement date and

duration of the immediate suspension.

\(iv\) Notify the affected entity of its right to request a hearing on

the immediate suspension within 15 days of the suspension taking place

and the procedures for the conduct of such a hearing.

\(5\) Any notice, decision, or order issued by EPA under this section,

transcript or other verbatim record of oral testimony, and any documents

filed by a certified individual or firm in a hearing under this section

shall be available to the public, except as otherwise provided by

section 14 of TSCA or by part 2 of this title. Any such hearing at which

oral testimony is presented shall be open to the public, except that the

Presiding Officer may exclude the public to the extent necessary to

allow presentation of information which may be entitled to confidential

treatment under section 14 of TSCA or part 2 of this title.

Sec. 745.227 Work practice standards for conducting lead-based paint
activities: target housing and child-occupied facilities.

**(a) Effective date, applicability, and terms.** (1) Beginning on March

1, 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, lead-hazard screen, risk

assessment or abatement, a certified individual must perform that

activity in compliance with the appropriate requirements below.

\(3\) Documented methodologies that are appropriate for this section

are found in the following: The U.S. Department of Housing and Urban

Development (HUD) Guidelines for the Evaluation and Control of Lead-

Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-

Based Paint, Lead-Contaminated Dust, and Lead-Contaminated Soil; the EPA

Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA

report number 7474-R-95-001); Regulations, guidance, methods or

protocols issued by States and Indian Tribes that have been authorized

by EPA; and other equivalent methods and 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 Contaminated Soil or other

equivalent guidelines.

**(b) Inspection.** (1) An inspection shall be conducted only by a

person certified by EPA as an inspector or risk assessor and, if

conducted, must be conducted according to the procedures in this

paragraph.

\(2\) When conducting an inspection, the following locations shall be

selected according to documented methodologies and tested for the

presence of lead-based paint:

\(i\) In a residential dwelling and child-occupied facility, each

component with a distinct painting history and each exterior component

with a distinct painting history shall be tested for lead-based paint,

except those components that the inspector or risk assessor determines

to have been replaced after 1978, or to not contain lead-based paint;

and

\(ii\) In a multi-family dwelling or child-occupied facility, each

component with a distinct painting history in every common area, except

those components that the inspector or risk assessor determines to have

been replaced after 1978, or to not contain lead-based paint.

\(3\) Paint shall be sampled in the following manner: (i) The analysis

of paint to determine the presence of lead shall be conducted using

documented methodologies which incorporate adequate quality control

procedures; and/or

\(ii\) All collected paint chip samples shall be analyzed according to

paragraph (f) of this section to determine if they contain detectable

levels of lead that can be quantified numerically.

\(4\) The certified inspector or risk assessor shall prepare an

inspection report which shall include the following information:

\(i\) Date of each inspection.

\(ii\) Address of building.

\(iii\) Date of construction.

\(iv\) Apartment numbers (if applicable).

\(v\) Name, address, and telephone number of the owner or owners of

each residential dwelling or child-occupied facility.

\(vi\) Name, signature, and certification number of each certified

inspector and/or risk assessor conducting testing.

\(vii\) Name, address, and telephone number of the certified firm

employing each inspector and/or risk assessor, if applicable.

\(viii\) Each testing method and device and/or sampling procedure

employed for paint analysis, including quality control data and, if

used, the serial number of any x-ray fluorescence (XRF) device.

\(ix\) Specific locations of each painted component tested for the

presence of lead-based paint.

\(x\) The results of the inspection expressed in terms appropriate to

the sampling method used.

**(c) Lead hazard screen.** (1) A lead hazard screen shall be conducted

only by a person certified by EPA as a risk assessor.

\(2\) If conducted, a lead hazard screen shall be conducted as

follows:

\(i\) Background information regarding the physical characteristics of

the residential dwelling or child-occupied facility and occupant use

patterns that may cause lead-based paint exposure to one or more

children age 6 years and under shall be collected.

\(ii\) A visual inspection of the residential dwelling or child-

occupied facility shall be conducted to:

\(A\) Determine if any deteriorated paint is present, and

\(B\) Locate at least two dust sampling locations.

\(iii\) If deteriorated paint is present, each surface with

deteriorated paint, which is determined, using documented methodologies,

to be in poor condition and to have a distinct painting history, shall

be tested for the presence of lead.

\(iv\) In residential dwellings, two composite dust samples shall be

collected, one from the floors and the other from the windows, in rooms,

hallways or stairwells where one or more children, age 6 and under, are

most likely to come in contact with dust.

\(v\) In multi-family dwellings and child-occupied facilities, in

addition to the floor and window samples required in paragraph

(c)(1)(iii) of this section, the risk assessor shall also collect

composite dust samples from common areas where one or more children, age

6 and under, are most likely to come into contact with dust.

\(3\) Dust samples shall be collected and analyzed in the following

manner:

\(i\) All dust samples shall be taken using documented methodologies

that incorporate adequate quality control procedures.

\(ii\) All collected dust samples shall be analyzed according to

paragraph (f) of this section to determine if they contain detectable

levels of lead that can be quantified numerically.

\(4\) Paint shall be sampled in the following manner: (i) The analysis

of paint to determine the presence of lead shall be conducted using

documented methodologies which incorporate adequate quality control

procedures; and/or

\(ii\) All collected paint chip samples shall be analyzed according to

paragraph (f) of this section to determine if they contain detectable

levels of lead that can be quantified numerically.

\(5\) The risk assessor shall prepare a lead hazard screen report,

which shall include the following information:

\(i\) The information required in a risk assessment report as

specified in paragraph (d) of this section, including paragraphs

(d)(11)(i) through (d)(11)(xiv), and excluding paragraphs (d)(11)(xv)

through (d)(11)(xviii) of this section. Additionally, any background

information collected pursuant to paragraph (c)(2)(i) of this section

shall be included in the risk assessment report; and

\(ii\) Recommendations, if warranted, for a follow-up risk assessment,

and as appropriate, any further actions.

**(d) Risk assessment.** (1) A risk assessment shall be conducted only

by a person certified by EPA as a risk assessor and, if conducted, must

be conducted according to the procedures in this paragraph.

\(2\) A visual inspection for risk assessment of the residential

dwelling or child-occupied facility shall be undertaken to locate the

existence of deteriorated paint, assess the extent and causes of the

deterioration, and other potential lead-based paint hazards.

\(3\) Background information regarding the physical characteristics of

the residential dwelling or child-occupied facility and occupant use

patterns that may cause lead-based paint exposure to one or more

children age 6 years and under shall be collected.

\(4\) Each surface with deteriorated paint, which is determined, using

documented methodologies, to be in poor condition and to have a distinct

painting history, shall be tested for the presence of lead. Each other

surface determined, using documented methodologies, to be a potential

lead-based paint hazard and having a distinct painting

history, shall also be tested for the presence of lead.

\(5\) In residential dwellings, dust samples (either composite or

single-surface samples) from the window and floor shall be collected in

all living areas where one or more children, age 6 and under, are most

likely to come into contact with dust.

\(6\) For multi-family dwellings and child-occupied facilities, the

samples required in paragraph (d)(4) of this section shall be taken. In

addition, window and floor dust samples (either composite or single-

surface samples) shall be collected in the following locations:

\(i\) Common areas adjacent to the sampled residential dwelling or

child-occupied facility; and

\(ii\) Other common areas in the building where the risk assessor

determines that one or more children, age 6 and under, are likely to

come into contact with dust.

\(7\) For child-occupied facilities, window and floor dust samples

(either composite or single-surface samples) shall be collected in each

room, hallway or stairwell utilized by one or more children, age 6 and

under, and in other common areas in the child-occupied facility where

the risk assessor determines one or more children, age 6 and under, are

likely to come into contact with dust.

\(8\) Soil samples shall be collected and analyzed for lead

concentrations in the following locations:

\(i\) Exterior play areas where bare soil is present; and

\(ii\) Dripline/foundation areas where bare soil is present.

\(9\) Any paint, dust, or soil sampling or testing shall be conducted

using documented methodologies that incorporate adequate quality control

procedures.

\(10\) Any collected paint chip, dust, or soil samples shall be

analyzed according to paragraph (f) of this section to determine if they

contain detectable levels of lead that can be quantified numerically.

\(11\) The certified risk assessor shall prepare a risk assessment

report which shall include the following information:

\(i\) Date of assessment.

\(ii\) Address of each building.

\(iii\) Date of construction of buildings.

\(iv\) Apartment number (if applicable).

\(v\) Name, address, and telephone number of each owner of each

building.

\(vi\) Name, signature, and certification of the certified risk

assessor conducting the assessment.

\(vii\) Name, address, and telephone number of the certified firm

employing each certified risk assessor if applicable.

\(viii\) Name, address, and telephone number of each recognized

laboratory conducting analysis of collected samples.

\(ix\) Results of the visual inspection.

\(x\) Testing method and sampling procedure for paint analysis

employed.

\(xi\) Specific locations of each painted component tested for the

presence of lead.

\(xii\) All data collected from on-site testing, including quality

control data and, if used, the serial number of any XRF device.

\(xiii\) All results of laboratory analysis on collected paint, soil,

and dust samples.

\(xiv\) Any other sampling results.

\(xv\) Any background information collected pursuant to paragraph

(d)(3) of this section.

\(xvi\) To the extent that they are used as part of the lead-based

paint hazard determination, the results of any previous inspections or

analyses for the presence of lead-based paint, or other assessments of

lead-based paint-related hazards.

\(xvii\) A description of the location, type, and severity of

identified lead-based paint hazards and any other potential lead

hazards.

\(xviii\) A description of interim controls and/or abatement options

for each identified lead-based paint hazard and a suggested

prioritization for addressing each hazard. If the use of an encapsulant

or enclosure is recommended, the report shall recommend a maintenance

and monitoring schedule for the encapsulant or enclosure.

**(e) Abatement.** (1) An abatement shall be conducted only by an

individual certified by EPA, and if conducted, shall be conducted
according to the procedures in this paragraph.

\(2\) A certified supervisor is required for each abatement project

and shall be onsite during all work site preparation and during the

post-abatement cleanup of work areas. At all other times when abatement

activities are being conducted, the certified supervisor shall be onsite

or available by telephone, pager or answering service, and able to be

present at the work site in no more than 2 hours.

\(3\) The certified supervisor and the certified firm employing that

supervisor shall ensure that all abatement activities are conducted

according to the requirements of this section and all other Federal,

State and local requirements.

\(4\) Notification of the commencement of lead-based paint abatement

activities in a residential dwelling or child-occupied facility or as a

result of a Federal, State, or local order shall be given to EPA prior

to the commencement of abatement activities. The procedure for this

notification will be developed by EPA prior to August 31, 1998.

\(5\) A written occupant protection plan shall be developed for all

abatement projects and shall be prepared according to the following

procedures:

\(i\) The occupant protection plan shall be unique to each residential

dwelling or child-occupied facility and be developed prior to the

abatement. The occupant protection plan shall describe the measures and

management procedures that will be taken during the abatement to protect

the building occupants from exposure to any lead-based paint hazards.

\(ii\) A certified supervisor or project designer shall prepare the

occupant protection plan.

\(6\) The work practices listed below shall be restricted during an

abatement as follows:

\(i\) Open-flame burning or torching of lead-based paint is

prohibited;

\(ii\) Machine sanding or grinding or abrasive blasting or

sandblasting of lead-based paint is prohibited unless used with High

Efficiency Particulate Air (HEPA) exhaust control which removes

particles of 0.3 microns or larger from the air at 99.97 percent or

greater efficiency;

\(iii\) Dry scraping of lead-based paint is permitted only in

conjunction with heat guns or around electrical outlets or when treating

defective paint spots totaling no more than 2 square feet in any one

room, hallway or stairwell or totaling no more than 20 square feet on

exterior surfaces; and

\(iv\) Operating a heat gun on lead-based paint is permitted only at

temperatures below 1100 degrees Fahrenheit.

\(7\) If conducted, soil abatement shall be conducted in one of the

following ways:

\(i\) If soil is removed, the lead-contaminated soil shall be replaced

with soil that is not lead-contaminated; or

\(ii\) If soil is not removed, the lead-contaminated soil shall be

permanently covered, as defined in Sec. 745.223.

\(8\) The following post-abatement clearance procedures shall be

performed only by a certified inspector or risk assessor:

\(i\) Following an abatement, a visual inspection shall be performed

to determine if deteriorated painted surfaces and/or visible amounts of

dust, debris or residue are still present. If deteriorated painted

surfaces or visible amounts of dust, debris or residue are present,

these conditions must be eliminated prior to the continuation of the

clearance procedures.

\(ii\) Following the visual inspection and any post-abatement cleanup

required by paragraph (e)(8)(i) of this section, clearance sampling for

lead-contaminated dust shall be conducted. Clearance sampling may be

conducted by employing single-surface sampling or composite sampling

techniques.

\(iii\) Dust samples for clearance purposes shall be taken using

documented methodologies that incorporate adequate quality control

procedures.

\(iv\) Dust samples for clearance purposes shall be taken a minimum of

1 hour after completion of final post-abatement cleanup activities.

\(v\) The following post-abatement clearance activities shall be

conducted as appropriate based upon the extent or manner of abatement

activities conducted in or to the residential dwelling or child-occupied

facility:

\(A\) After conducting an abatement with containment between abated

and unabated areas, one dust sample shall be taken from one window (if

available) and one dust sample shall be taken from the floor of no less

than four rooms, hallways or stairwells within the containment area. In

addition, one dust sample shall be taken from the floor outside the

containment area. If there are less than four rooms, hallways or

stairwells within the containment area, then all rooms, hallways or

stairwells shall be sampled.

\(B\) After conducting an abatement with no containment, two dust

samples shall be taken from no less than four rooms, hallways or

stairwells in the residential dwelling or child-occupied facility. One

dust sample shall be taken from one window (if available) and one dust

sample shall be taken from the floor of each room, hallway or stairwell

selected. If there are less than four rooms, hallways or stairwells

within the residential dwelling or child-occupied facility then all

rooms, hallways or stairwells shall be sampled.

\(C\) Following an exterior paint abatement, a visible inspection

shall be conducted. All horizontal surfaces in the outdoor living area

closest to the abated surface shall be found to be cleaned of visible

dust and debris. In addition, a visual inspection shall be conducted to

determine the presence of paint chips on the dripline or next to the

foundation below any exterior surface abated. If paint chips are

present, they must be removed from the site and properly disposed of,

according to all applicable Federal, State and local requirements.

\(vi\) The rooms, hallways or stairwells selected for sampling shall

be selected according to documented methodologies.

\(vii\) The certified inspector or risk assessor shall compare the

residual lead level (as determined by the laboratory analysis) from each

dust sample with applicable clearance levels for lead in dust on floors

and windows. If the residual lead levels in a dust sample exceed the

clearance levels, all the components represented by the failed sample

shall be recleaned and retested until clearance levels are met.

\(9\) In a multi-family dwelling with similarly constructed and

maintained residential dwellings, random sampling for the purposes of

clearance may be conducted provided:

\(i\) The certified individuals who abate or clean the residential

dwellings do not know which residential dwelling will be selected for

the random sample.

\(ii\) A sufficient number of residential dwellings are selected for

dust sampling to provide a 95 percent level of confidence that no more

than 5 percent or 50 of the residential dwellings (whichever is smaller)

in the randomly sampled population exceed the appropriate clearance

levels.

\(iii\) The randomly selected residential dwellings shall be sampled

and evaluated for clearance according to the procedures found in

paragraph (e)(8) of this section.

\(10\) An abatement report shall be prepared by a certified supervisor

or project designer. The abatement report shall include the following

information:

\(i\) Start and completion dates of abatement.

\(ii\) The name and address of each certified firm conducting the

abatement and the name of each supervisor assigned to the abatement

project.

\(iii\) The occupant protection plan prepared pursuant to paragraph

(e)(5) of this section.

\(iv\) The name, address, and signature of each certified risk

assessor or inspector conducting clearance sampling and the date of

clearance testing.

\(v\) The results of clearance testing and all soil analyses (if

applicable) and the name of each recognized laboratory that conducted

the analyses.

\(vi\) A detailed written description of the abatement, including

abatement methods used, locations of rooms and/or components where

abatement occurred, reason for selecting particular abatement methods

for each component, and any suggested monitoring of encapsulants or

enclosures.

**(f) Collection and laboratory analysis of samples**. Any paint chip,

dust, or soil samples collected pursuant to the work practice standards

contained in this section shall be:

\(1\) Collected by persons certified by EPA as an inspector or risk

assessor; and

\(2\) Analyzed by a laboratory recognized by EPA pursuant to section

405(b) of TSCA as being capable of performing analyses for lead

compounds in paint chip, dust, and soil samples.

**(g) Composite dust sampling.** Composite dust sampling may only be

conducted in the situations specified in paragraphs (c) through (e) of

this section. If such sampling is conducted, the following conditions

shall apply:

\(1\) Composite dust samples shall consist of at least two subsamples;

\(2\) Every component that is being tested shall be included in the

sampling; and

\(3\) Composite dust samples shall not consist of subsamples from more

than one type of component.

**(h) Recordkeeping.** All reports or plans required in this section

shall be maintained by the certified firm or individual who prepared the

report for no fewer than 3 years. The certified firm or individual also

shall provide copies of these reports to the building owner who

contracted for its services.

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

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

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

**Sec. 745.233 Lead-based paint activities requirements.**

Lead-based paint activities, as defined in this part, shall only be

conducted according to the procedures and work practice standards

contained in Sec. 745.227 of this subpart. No individual or firm may

offer to perform or perform any lead-based paint activity as defined in

this part, unless certified to perform that activity according to the

procedures in Sec. 745.226.

Sec. 745.235 Enforcement.

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

Secs. 745.225, 745.226, 745.227, or 745.233 is a prohibited act under

sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689).

\(b\) Failure or refusal to establish, maintain, provide, copy, or

permit access to records or reports as required by Secs. 745.225,

745.226, or 745.227 is a prohibited act under sections 15 and 409 of

TSCA (15 U.S.C. 2614, 2689).

\(c\) Failure or refusal to permit entry or inspection as required by

Sec. 745.237 and section 11 of TSCA (15 U.S.C. 2610) is a prohibited act

under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689).

\(d\) In addition to the above, any individual or firm that performs

any of the following acts shall be deemed to have committed a prohibited

act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689). These

include the following:

\(i\) Obtaining certification through fraudulent representation;

\(ii\) Failing to obtain certification from EPA and performing work

requiring certification at a job site; or

\(iii\) Fraudulently obtaining certification and engaging in any lead-

based paint activities requiring certification.

\(e\) Violators are subject to civil and criminal sanctions pursuant

to section 16 of TSCA (15 U.S.C. 2615) for each violation.

Sec. 745.237 Inspections.

EPA may conduct reasonable inspections pursuant to the provisions of

section 11 of TSCA (15 U.S.C. 2610) to ensure compliance with this

subpart.

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

\(a\) Purpose. To establish and impose fees for certified individuals

and firms engaged in lead-based paint activities and persons operating

accredited training programs under section 402(a) of the Toxic

Substances Control Act (TSCA).

\(b\) Persons who must pay fees. Fees in accordance with paragraph (c)

of this section must be paid by:

\(1\) Training programs. (i) All non-exempt training programs applying

to EPA for the accreditation and re-accreditation of training programs

in one or more of the following disciplines: inspector, risk assessor,

supervisor, project designer, abatement worker.

\(ii\) Exemptions. No fee shall be imposed on any training program

operated by a State, federally recognized Indian Tribe, local

government, or nonprofit organization. This exemption does not apply to

the certification of firms or individuals.

\(2\) Firms and individuals. All firms and individuals seeking

certification and re-certification from EPA to engage in lead-based

paint activities in one or more of the following disciplines: inspector,

risk assessor, supervisor, project designer, abatement worker.

\(c\) Fee amounts\--(1) Certification and accreditation fees. Initial

and renewal certification and accreditation fees are specified in the

following table:

# Certification and Accreditation Fee Levels

+-----------------------+-----------------------+-----------------------+
| Training Program      | Accreditation ^1^     | Re-accreditation ^1^  |
|                       |                       | \[every 4 years see   |
|                       |                       | 40 CFR                |
|                       |                       |                       |
|                       |                       | 745.225(f)(1) for     |
|                       |                       | details\]             |
+-----------------------+-----------------------+-----------------------+
| Initial Course        | \$2,500               | \$1,600               |
|                       |                       |                       |
| Inspector             | \$1,760               | \$1,150               |
|                       |                       |                       |
| Risk assessor         | \$3,250               | \$2,050               |
|                       |                       |                       |
| Supervisor            | \$1,760               | \$1,150               |
|                       |                       |                       |
| Worker                | \$1,010               | \$710                 |
|                       |                       |                       |
| Project designer      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Refresher Course      | \$1,010               | \$710                 |
|                       |                       |                       |
| Inspector             | \$1,010               | \$710                 |
|                       |                       |                       |
| Risk assessor         | \$1,010               | \$710                 |
|                       |                       |                       |
| Supervisor            | \$1,010               | \$710                 |
|                       |                       |                       |
| Worker                | \$640                 | \$490                 |
|                       |                       |                       |
| Project designer      |                       |                       |
+-----------------------+-----------------------+-----------------------+

+-----------------------+-----------------------+-----------------------+
| Lead-based Paint      | Certification ^1^     | Re-certification ^1^  |
| Activities-           |                       | \[every 3 or 5 years, |
| Individual            |                       | see 40 CFR            |
|                       |                       | 745.226(e)(1) for     |
|                       |                       | details\]             |
+-----------------------+-----------------------+-----------------------+
| Inspector             | \$400                 | \$350                 |
|                       |                       |                       |
| Risk assessor         | \$520                 | \$420                 |
|                       |                       |                       |
| Supervisor            | \$470                 | \$390                 |
|                       |                       |                       |
| Worker                | \$280                 | \$240                 |
|                       |                       |                       |
| Project designer      | \$470                 | \$390                 |
+-----------------------+-----------------------+-----------------------+

+-----------------------+-----------------------+-----------------------+
| Lead-based Paint      | Certification ^1^     | Certification Renewal |
| Activities Firm       |                       | ^1^ \[every 3 years,  |
|                       |                       | see 40 CFR            |
|                       |                       | 745.226(f)(7) for     |
|                       |                       |                       |
|                       |                       | details\]             |
+-----------------------+-----------------------+-----------------------+
| Firm                  | \$540                 | \$430                 |
+-----------------------+-----------------------+-----------------------+

^1^ Fees will be adjusted periodically based on adjustments accounting

for changes in participation and operating costs.

\(2\) Certification examination fee. Individuals required to take a

certification exam in accordance with Sec. 745.226 will be assessed a

fee of \$70 for each exam attempt.

\(3\) Multi-jurisdiction registration fee. An individual, firm, or

training program certified or accredited by EPA may wish to provide

training or perform lead-based paint activities in additional EPA-

administered jurisdictions. A fee of \$35 per discipline will be
assessed

for each additional EPA-administered jurisdiction in which an

individual, firm, or training program applies for certification/re-

certification or accreditation/re-accreditation. For purposes of this

multi-jurisdiction registration fee, an EPA-administered jurisdiction is

either an individual state without an authorized program or all Indian

Tribes without authorized programs that are within a given EPA Region.

\(4\) Lost identification card or certificate. A \$15 fee shall be

charged for replacement of an identification card or certificate. (See

replacement procedure in paragraph (e) of this section.)

\(d\) Application/payment procedure\--(1) Certification and re-

certification in one or more EPA-administered jurisdiction\--(i)

Individuals. Submit a completed application (titled \`\`Application for

Individuals to Conduct Lead-based Paint Activities\'\'), the materials

described at Sec. 745.226, and the application fee(s) described in

paragraph (c) of this section.

\(ii\) Firms. Submit a completed application (titled \`\`Application for

Firms to Conduct Lead-based Paint Activities\'\'), the materials
described

at Sec. 745.226, and the application fee(s) described in paragraph (c)

of this section.

\(2\) Accreditation and re-accreditation in one or more EPA-

administered jurisdiction. Submit a completed application (titled

\`\`Accreditation Application for Training Programs\'\'), the materials

described at Sec. 745.225, and the application fee described in

paragraph (c) of this section.

\(3\) Application forms. Application forms and instructions can be

obtained from the National Lead Information Center at: 1-800-424-LEAD.

\(e\) Identification card replacement and certificate replacement. (1)

Parties seeking identification card or certificate replacement shall

complete the applicable portions of the appropriate application in

accordance with the instructions provided. The appropriate applications

are:

\(i\) Individuals. \`\`Application for Individuals to Conduct Lead-based

Paint Activities.\'\'

\(ii\) Firms. \`\`Application for Firms to Conduct Lead-based Paint

Activities.\'\'

\(iii\) Training programs. \`\`Accreditation Application for Training

Programs.\'\'

\(2\) Submit application and payment in the amount specified in

paragraph (c)(4) of this section in accordance with the instructions

provided with the application package.

\(f\) Adjustment of fees. (1) EPA will collect fees reflecting the

costs associated with the administration and enforcement of subpart L of

this part with the exception of costs associated with the accreditation

of training programs operated by a State, federally recognized Indian

Tribe, local government, and nonprofit organization. In order to do

this, EPA will periodically adjust the fees to reflect changed economic

conditions.

\(2\) The fees will be evaluated based on the cost to administer and

enforce the program, and the number of applicants. New fee schedules

will be published in the Federal Register.

\(g\) Failure to remit a fee. (1) EPA will not provide certification,

re-certification, accreditation, or re-accreditation for any individual,

firm, or training program which does not remit fees described in

paragraph (c) of this section in accordance with the procedures

specified in paragraph (d) of this section.

\(2\) EPA will not replace identification cards or certificates for

any individual, firm, or training program which does not remit fees

described in paragraph (c) of this section in accordance with the

procedures specified in paragraph (e) of this section.

Sec. 745.239 Effective dates.

This subpart L shall apply in any State or Indian Country that does

not have an authorized program under subpart Q, effective August 31,

1998\. In such States or Indian Country:

\(a\) Training programs shall not provide, offer or claim to provide

training or refresher training for certification without accreditation

from EPA pursuant to Sec. 745.225 on or after March 1, 1999.

\(b\) No individual or firm shall perform, offer, or claim to perform

lead-based paint activities, as defined in this subpart, without

certification from EPA to conduct such activities pursuant to

Sec. 745.226 on or after March 1, 2000.

\(c\) All lead-based paint activities shall be performed pursuant to

the work practice standards contained in Sec. 745.227 on or after March

1, 2000.