*** EO 12866 Review Draft

– Deliberative

– Do Not Quote, Cite, or Release During Review ***

**2015**

**- 11** 

**- 04_Lead_MinorAmendments_FRM_EO12866** 

**- Documentation_AsSubmitted_Draft** 

**** **FRdocument.docx** 

### Draft document as submitted for review under EO 12866

Page 1 of 34 BILLING CODE 6560

- 50

- P 1

ENVIRONMENTAL PROTECTION AGENCY 2

40 CFR Part 745 3

EPA

- HQ

- OPPT

- 2014

- 0304 ; FRL

- XXXX

- XX 4

RIN 2070

- A K02 5

Lead

- based Paint Programs; Amendment to Jurisdiction

- Specific Certification and 6
Accreditation Requirements and Renovator Refresher Training Requirements 7

AGENCY: Environmental Protection Agency (EPA). 8

ACTION: Final rule

. 9

SUMMARY: EPA is finalizing revisions to the Lead Renovation, Repair, and Painting 10
(RRP) rule, and the Lead

- based Paint (LBP) Activities rule. The revisions are intended to 11
improve the day

- to

- day function of these programs by reducing burdens to industry and 12

EPA , and by clarifying la nguage for training providers, while retaining the protections 13
provided by the original rules. First, EPA is modifying the requirement that the renovator 14
refresher training for individuals have a hands

- on component. Second, the Agency is 15

remov ing jurisdict ion

- specific certification and accreditation requirements under the LBP 16

Activities program in States where EPA administers the program

. Previously , this 17
program require d that training providers, firms and individuals seek certification in each 18
jurisdiction (e.g., a State ) where the organization or person want ed to work. Third, EPA 19
is adding clarifying language to the requirements for training providers under both the 20
RRP and LBP Activities programs. 21

DATES: This final rule is effective [ insert date of publication in the Federal Register ]

. 22

ADDRESSES: The docket for this action, identified by docket identification (ID) 23Page 2 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

number HQ

- OPPT

- 2014

- 0304 , is available at http://www.regulations.gov or at the Office 24
of Pollution Prevention and Toxics Docket (OPPT Docket) , Environmental Protection 25
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg. , Rm. 3334, 26

1301 Constitut ion Ave., NW., Washington, DC. The Public Reading Room is open from 27
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holi days. The telephone 28
number for the Public Reading Room is (202) 566

- 1744, and the telephone number for 29

the OPPT Docket is (202) 566

- 0280 . Please review the visitor instructions and additional 30

information about the docket available at http://www.e pa.gov/dockets

. 31

FOR FURTHER INFORMATION CONTACT: For technical information contact : 32
Marc Edmonds, National Program Chemicals Division , Office of Pollution Prevention 33
and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 34
Washington, DC 20460

- 0001; telephone number: 202

- 566

- 0758; email address: 35

edmonds.marc @epa.gov

. 36
For general information contact : The TSCA

- Hotline

, ABVI

- Goodwill, 422 South 37
Clinton Ave., Rochester, NY 14620 ; telephone number: (202) 554

- 1404; email address: 38

TSCA

- Hotline@epa.gov

. 39

SUPPLEMENTARY INFORMATION: 40

I. Executive Summary 41

A. Does this Action Apply to Me? 42
You may be potentially affected by this action if you operate a training program 43
required to be accredited under 40 CFR 745.225, if you are a firm or individual who must 44

be certified to conduct lead

- based paint activities in accordance with 40 CFR 745.226, or 45
if you are an individual who must be certified to conduct renovation activities in 46
accordance with 40 CFR 745.90. This rule applies only in States, territories, and tribal 47Page 3 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

areas that do not have authorized programs pursuant to 40 CFR 745.324. For further 48
information regarding the authorization status of S tates, territories, and Tribes, contact 49

the National Lead Information Center at 1

- 800

- 424

- LEAD [5323]. 50
The following list of North American Industrial Classification System (NAICS) 51
codes is not intended to be exhaustive, but rather provides a guide to hel p readers 52
determine whether this document applies to them. Potentially affected entities may 53

include: 54

• Building construction (NAICS code 236), e.g., single

- family housing 55
construction, multi

- family housing construction, residential remodelers. 56

• Special ty trade contractors (NAICS code 238), e.g., plumbing, heating, and air

57
conditioning contractors, painting and wall covering contractors, electrical contractors, 58
finish carpentry contractors, drywall and insulation contractors, siding contractors, tile 59

and terrazzo contractors, glass and glazing contractors. 60

• Real estate (NAICS code 531), e.g., lessors of residential buildings and 61
dwellings, residential property managers. 62
• Child day care services (NAICS code 624410). 63
• Elementary and secondary schools (NAICS code 611110), e.g., elementary 64
schools with kindergarten classrooms. 65
• Other technical and trade schools (NAICS code 611519), e.g., training 66
providers. 67
• Engineering services (NAICS code 541330) and building inspection services 68
(NAICS code 541350) , e.g., dust sampling technicians. 69
• Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 70
engaged in lead

- based paint activities. 71Page 4 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

B. What is the Agency's Authority for Taking this Action? 72

This final rule is being issued under the authority of S ections 402(a) and 402(c)(3) 73
of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2682(a) and 2682(c)(3). 74

C . What Action is the Agency Taking? 75

EPA is making minor revisions to the RRP rule that published in the Federal 76
Register on April 22, 2008 (Ref. 1) and the Lead

- based Paint Activities rule that 77

p ublished in the Federal Register on August 29, 1996 (Ref. 2). EPA is modifying the 78
requirement that the renovator refresher training for individuals have a hands

- on 79
component. The A gency is also removing jurisdictions under the LBP Activities program 80
in States where EPA administers the program

. Previously , this program require d that 81
training providers, firms and individuals seek certification in each jurisdiction (e.g., a 82
State) wher e the organization or person want ed to work. In addition, EPA is adding 83
clarifying language to the requirements for training providers under both the RRP and 84
LBP Activities programs. 85
D. Why is the Agency Taking this Action? 86
The proposed revisions are inte nded to improve the day

- to

- day function of these 87
programs by reducing burdens to industry and the EPA and by clarifying language for 88
training providers, while retaining the benefits of the original rules. 89
E. What are the Estimated Incremental Impacts of this Action? 90
EPA has prepared an economic analysis (EA) of the potential incremental impacts 91
associated with this rulemaking (Ref. 3). This analysis, which is available in the docket, is 92

discussed in more detail in Unit III

. T he following i s a brief outl ine of the estimated 93

incremental impacts of this rule making

. 94

 Overall costs. Th is rule is estimated to resu lt in cost savings of $1. 8 million to 95Page 5 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

$3.4 million per year

. 96

 Paperwork burdens. The rule affects information collection activities by training 97
providers that wish to offer online refresher training and is estimated to have an 98

incremental to tal estimated annual burden of 2,656 hours. Burden is defined at 5 CFR 99
1320.3(b). 100

 Small entity impacts. This rule does not have a significant impact on a 101

s ubstantial number of small entities. 102

 Effects on State, local, and Tribal governments. This rule does not have a n 103
intergovernmental mandate, any significant or unique effect s on small governments, or 104

Federalism or Tribal implications. 105

II. Discussion of Comments on the Proposal and the Final Rule 106

This unit discusses the final rule , including what was proposed and the public 107
comments received on the proposed rule. A separate document that summariz es the 108

comments received that were relevant t o the proposal and EPA’s responses has been 109
prepared and is available in the docket for this rulemaking (Ref. 4). 110

A . Hands

- on Training 111
To become certified as a renovator, a person must successfully complete a 112
renovator course accredited by EPA or by a Sta te, territorial, or tribal program authorized 113
by EPA. To gain initial certification, individual renovators must complete an 8

- hour 114
training course . People who had taken an EPA, Department of Housing and Urban 115
Development (HUD), or EPA/HUD model renovation training course could take the 4

- 116
hour refresher renovator training in lieu of the 8

- hour initial course. Trainings are taught 117
either in a classroom or via electronic learning (e

- learning). To maintain certification, 118
renovators must complete a renovator ref resher course before their certification expires

. 119Page 6 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

If the renovator does not complete the course within the required timeframe, the 120

individual must retake the initial 8

- hour course to become certified again. 121

The 8

- hour initial training includes hands

- on t raining in testing for lead in paint, 122
methods for minimizing the creation of dust and lead

- based paint hazards, interior and 123
exterior containment and cleanup methods, and cleaning verification. Activities covered 124

include the use of EPA

- recognized test kits , setting up barriers, covering furniture, ducts, 125
and carpeted floors with plastic, mopping floors, bagging waste, and determining that the 126
work area has been adequately cleaned. Each student performs these activities in front of 127

an instructor who determin es if the student is proficient in each one. Students must be 128
deemed proficient in order to pass the class and become a certified renovator . The current 129

version of the renovator refresher course includes hands

- on training in testing paint for 130

lead and clea ning verification. 131
On January 15, 2015, EPA proposed to eliminate the hands

- on requirement in the 132

renovator refresher course. Over 140 comments on its proposal were received

. Comments 133
both supported and opposed the proposed change. After carefully weighing the issues at 134
stake and considering the concerns raised by commenters, the Agency is promulgating a 135
modified version of the proposal. Specifically, EPA will allow renovators to take a 136

refresher course without hands

- on training once every other certification. Once a 137

renovator takes the refresher course without the hands

- on training, their next refresher 138
training must include hands

- on training

. The certification from the refresher course 139

without hands

- on training will last for three y ears

. Taking the course without hands

- on 140
training is optional but once a renovator takes the course, their next refresher course must 141

include hands

- on training and be taken within three years of their previous certification. 142
The certification from taking a course with hands

- on training will last for five years. 143Page 7 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

Many commenters stated that allowing the refresher course to be taught entirely 144

online would result in more trained contractors. One commenter stated the online course 145
would allow for wider adoption of the rule resulting in higher compliance. Another 146
commenter stated that this will benefit homeowners by having more trained renovators in 147
the field. One commenter who is in favor of online training stated that when he took his 148
initial renovator training, he spent two days traveling to and from the training and another 149
day taking the class. Online training would have saved this person travel costs and time 150
away from work. EPA agrees that a refresher training taught entirely online would result 151

in more reno vators taking the training. Without the hands

- on requirement , renovators 152
seeking recertification would be able to take the course entirely online without having to 153
travel to a training location to perform the hands

- on activities. This change will make it 154

e asier for renovators to take the refresher training, especially renovators who live far 155
from a training facility. Renovators will save time and travel costs by taking the course 156
from a single location, possibly their own home. Although the online training will only be 157
allowed for every other refresher training , EPA believes that the associated burden and 158
cost savings will lead to more renovators taking the refresher training and becom ing 159
recertified. Having more renovators take the refresher training will l ead to a higher 160
number of certified renovators, resulting in a workforce better able to perform 161

renovations in a lead

- safe manner. 162
Many commenters believe that an in

- class course provides better training than an 163

online course. One commenter stated that st udents learn more when they can interact with 164
other students and share information. Many commenters stated that students learn better 165
by performing hands

- on activities. One commenter stated that it is important for students 166
to practice what they learn and get immediate feedback from instructors. Another 167Page 8 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

commenter stated that people who work with their hands, such as renovators, learn better 168
from doing rather than watching. While EPA believes that renovators can sufficiently 169
learn the RRP requirements via on line training, the Agency understands the commenters ’ 170
concerns about students missing out on potential benefits of hands

- on training and 171
interaction with trainers and students when they take an online course. The se concerns 172

are another reason EPA shortened the certification period for the renovator course that 173

does not include hands

- on training to three years and required in

- class training every 174
other certification. This way, renovators who may learn more in a classroom setting will 175

not be able to take the online course perpetually without ever having classroom refresher 176
training. Further, they will have to take the in

- class training sooner, after only three years 177
from when they completed the online course. 178
Many commenters were concerned that training providers would have difficulty 179
verifying the identity of the person taking the course. One commenter stated that it would 180
be difficult, if not impossible, to verify that the person taking the training is, in fact, the 181

individual who receives certification . Another commenter pointed out that a classroom

182
based course reduces the potential for misrepresentation and fraud that can take place in 183
an online learning situation. As one training provider explained, there are measures that it 184
takes to verify student identity in an online course but admitted that there is no guarantee 185
that the person taking the course is who they claim to be. Several commenters suggested 186
possible solutions, such as tracking IP addresses or taking a picture of the student without 187

notice to verify their identity. These commenters’ suggestions, as well as others, do not 188
appear to be practical methods to verify student identity. EPA recognizes the possibility 189
that someone could have another person take the course for him or her ; h owever, th ere 190
are potential penalties for those who do this. P ursuant to 18 U.S.C. s ection 1001, it is a 191Page 9 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

criminal violation to knowingly and willfully make a false or fraudulent statement in any 192
matter within EPA’s jurisdiction . Furthermore, i f a renovator is tempte d to have someone 193
else take the course for them, they will know that they will have to take the course in 194
person for their next certification, ensuring that their identity can be verified , because the 195
online course can only be taken once every other certif ication

. 196

EPA understands that there may be disadvantages to online training. However, the 197
Agency expects that the associated burden and cost savings of the rule will lead to more 198

renovators taking the refresher training and becom ing recertified. The Agenc y believes 199

the benefits of h aving more renovat ors take the refresher training, lead ing to a higher 200
number of certified renovators, will outweigh any disadvantages of the final rule

. 201

B . Jurisdictions 202
On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee 203
schedule for training programs seeking EPA accreditation and for individuals and firms 204
seeking EPA certification (Ref. 5 ). These fees were established as directed by TSCA 205

section 402 (a)(3), which requires EPA to recover the cost of administering and enforcing 206

the LBP A ctivities requirements in States without authorized programs. The fee schedule 207

created a multi

- jurisdiction registration fee which applies to individuals, firms and 208

trai ning programs that provide training or perform lead

- based paint activities in more 209
than one State administered by the EPA program. This fee is applied per discipline for 210

each additional EPA

- administered State in which the applicant seeks 211

certification/rece rtification or accreditation/reaccreditation. An EPA

- administered 212
jurisdiction is either an individual State without an authorized program or all Tribes 213
without authorized programs in a given EPA Region. 214

The multi

- state jurisdiction fee of $35 was based on the estimated burdens 215Page 10 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

required for Agency clerical, technical, and managerial staff to perform tasks associated 216
with adding jurisdictions to a certification or accreditation. Tasks include entering the 217
information into a database, approving or disapprovin g the application and generating 218
and mailing a certificate to the applicant. After years of implementing the LBP Activities 219

P rogram , the Agency believes that separate certifications for each EPA

- administered 220
State jurisdiction are not necessary. In particu lar, EPA does not believe it is necessary for 221
the Agency to certify or accredit the same applicant multiple times; certification in one 222

EPA

- administered State jurisdiction should be sufficient to perform work in any other 223

EPA

- administered State. Accordingl y, the Agency is eliminating the requirement for 224
separate certifications in each EPA

- administered State jurisdiction in the LBP Activities 225

P rogram. R egulated entities will no longer have to send an application and fees to EPA 226
for the purpose of adding addi tional EPA

- administered State jurisdictions to their 227

certification or accreditation. Now when a regulated entity applies to EPA and receives 228

certification in the LBP Activities P rogram, they will be able to work in any EPA

229

administered State. 230

EPA received many comments on its proposal to remove jurisdictions from the 231

LBP Activities P rogram . Most comments were in support of eliminating jurisdictions. 232
Commenters who opposed the proposed removal were confused about what EPA was 233
proposing, believing that the A gency was going to change the requirements for States to 234
become authorized to implement the LBP Activities P rogram. The Agency is not 235
changing the State authorization requirements, nor did it propose to do so. EPA is 236
promulgating the revisions as proposed by eliminating jurisdictions in the LBP Activities 237

P rogram administered by EPA

. 238
Now that jurisdictions in EPA’s LBP Activities P rogram have been removed, 239Page 11 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

firms, individuals and training providers will receive one certificate that will allow them 240

to work in all EPA

- administered States instead of one certificate per State . Certificates 241
issued before this final rule are still valid until their expiration and r egulated entities will 242
not need their certificates replaced because of this rule. In addition, a previous 243
certification in a single EPA

- administered jurisdiction allows firms, individuals and 244
training providers to perform lead

- based paint activities in all EPA

- administered 245
jurisdictions until the expiration of that certification. 246

C . Clarification Regarding Training Provider Application Requirements 247
EPA is clarifying the application regulations for accredited training providers 248
under the RRP rule (Ref. 1 ) and LBP Activities rule (Ref. 2 ). It was brought to the 249
Agency’s attention that the regulations did not specifically state what constituted a 250
violation of the regulations at 40 CFR 745.225. For example, some other regulatory 251
provisions, such as 40 CFR 745. 87, specifically list various activities that are considered 252
a violation of TSCA. Accordingly, the Agency propos ed to add clarifying language 253
explaining that training providers must follow the requirements in that section. EPA 254

believes that accredited trai ning providers already understand this, but EPA proposed to 255
add the clarifying language to ensure understanding of the requirements

– similar to what 256
has been done in other regulations. This clarifying language does not change any 257
requirements for accredit ed training providers. 258
The Agency received few comments on the clarification. Most of the comments 259
expressed general su pport for the proposed change. One commenter said that the current 260
requirements are specific and the clarification i s not necessary. EPA disagrees with this 261

comment. The language in 40 CFR 745.225 did not specifically say that a failure to 262
follow the requirements of that se ction was a violation. While it i s likely that many 263Page 12 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

training providers already u nderstand that, EPA believes it i s import ant to make it clear in 264
the regulations in order to eliminate any confusion about what constitutes a violation. 265
Therefore, EPA is finalizing the changes as proposed by adding the clarifying language to 266

40 CFR 745.225. 267

D

. Correction to Training Not ification Requirements 268
The regulatory text of the final RRP rule in 2008 (Ref. 1 ) inadvertently omitted a 269
requirement for accredited providers of renovation training to provide notification to EPA 270
after each training course the provider delivers. The provi sion was designed to supply 271
important information regarding certified renovators for EPA’s compliance monitoring 272
efforts. In 2009, EPA issued a rule (Ref. 6 ) to correct this omission by amending 40 CFR 273
745.225(c)(14) to require post

- course notifications fr om accredited providers of renovator 274
or dust sampling technician training. The 2009 rule also included conforming changes 275

to 40 CFR 745.225(c)(14)(iii) to include the correct name of the sample post

- course 276

notification form and to make it clear that all me thods of post

- course notification are 277
available to both renovation training providers and LBP A ctivities training providers. As 278
amended, 40 CFR 745.225(c)(14) required renovation training providers to notify EPA 279
no later than 10 business days following cou rse completion. Although EPA identified this 280
requirement in its cost estimates in 2008, the regulatory provision was subsequently 281
overwritten by another rulemaking. Specifically, in a 2011 rule (Ref. 7 ), the regulatory 282
language inadvertently removed the re gulatory text that was added to 40 CFR 283
745.225(c)(14)(i) by the 2009 rule. In January 2015, EPA proposed to add the same 284
language back to 40 CFR 745.225(c)(14)(i) that was included in the 2009 rule. 285

EPA received several comments about the correction to th e notification 286
regulations. Two commenters said they had no objection to the correction. Another 287Page 13 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

commenter said simply that he supported the proposed change. No commenters opposed 288
making the correction. EPA is promulgating the revision as proposed. 289

E

. Noti fications for O nline T rainers 290
As explained in the preamble to the proposed rule, EPA considered modifying the 291
requirements regarding online training notifications by requiring training providers that 292

teach the online refresher course to submit notifications via the internet . For years, 293
training providers have had the option of submitting notifications electronically via 294
EPA’s Central Data Exchange (CDX)

. The CDX system is designed to streamline the 295
notification process for training providers and EPA alike, and to perform basic 296

validations of electronic submissions that reduce common errors in notifications 297
otherwise submitted on paper. Submitting notification via the internet reduces the burden 298

on the training providers and the Agency , as well as saving taxpayer dollars

. 299
The Agency request ed comment on whether it should require training providers to 300

submit online notifications for the refresher course that does not include hands

- on 301
training

. EPA received one comment submitted by a training provide r who supported the 302
requirement

. No commenters opposed the change. Based on the benefits of online 303
notifications, EPA is promulgating a requirement that training providers that teach the 304

renovator refresher course without hands

- on training must submit thei r post

- training 305

notifications via the internet. Most, if not all, of the refresher courses without hands

- on 306
training will be taught online since there will be no need for students to take the course in 307
person. EPA believes that trainers who teach an online course clearly have the technical 308
knowledge and ability to submit their post

- training notifications via the internet and it is 309
therefore appropriate to promulgate this requirement

. As stated later in this unit, these 310
trainers will not have to submit pre

- training notifications ; therefore, this requirement only 311Page 14 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

applies to post

- training notifications. 312
EPA also requested comment on how it should modify the notification 313
requirements to accommodate training taught entirely online. T raining providers submit 314
both a pre

- training and post

- training notification for each course that they teach. Now that 315
the renovator refresher training can be taught entirely online, there will be no classroom 316

session for w hich to notify EPA for the online class

. Consequently, pre

- training 317
notifications will not be required for such courses. Because the training provider will still 318

need to send to EPA the names of the students who completed the online course
, post

319
training n otifications are still required. 320
EPA received several comments regarding how it should modify the post

- training 321
notification requirements. One commenter said that EPA should be notified as soon as the 322
student completes the course. Another commenter stated that post

- training notifications 323
should be sent quarterly, or at most monthly. EPA believes that submitting notifications 324

at the time the student finishes the course would be too burd ensome for training 325
providers. Furthermore, it is not necessary for stud ent information to be submitted the 326
same day the course is completed. On the other hand, with quarterly notifications, 327

information for some students would not be submitted to EPA for almost three months 328
after the training was completed

. There are time s when EPA uses the information from 329

notifications to verify whether a certain person is a certified renovator

. A delay of three 330
months increases the likelihood of this information not being avail able when the Agency 331

needs it. As a compromise, and as one of the commenters suggested, the Agency is 332
requiring the notifications to be submitted ever y month. Specifically, for renovator 333

refresher courses without hands

- on training , training providers must submit post

- training 334
notifications to EPA anytime from the fi rst to tenth day of the month that includes the 335Page 15 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

required information on students who completed the course in the previous month

. 336
The Agency is requiring training providers that teach the refresher training 337
entirely online to include the expiration of the renovator’s certification in the post

338
training notification. N ow that renovator certifications can be either three or five years, it 339
is important to have the expiration date on the notification so EPA can tell when the 340
renovator’s certification expires and whether he or she took the course that is taught 341
entirely online

. The Agency is also requiring course completion certificates for all 342
renovator courses to include the expiration of the certification. Because of the two 343
different certification timeframes, it is important for the certificate to clearly state when 344
the certification expires. This information may be of help to various parties including 345
homeowners and training providers. Homeowners may want to verify that the certified 346
renovators working in thei r homes are currently certified. Training providers who teach 347
the refresher training are required to verify whether the student is eligible to take the 348
refresher training which would be difficult to do without knowing when the renovator’s 349
certification exp ires. 350

F

. Grandfathering 351

In the 2008 RRP rule (Ref. 1) , EPA created a grandfather provision that allowed 352

renovators who have taken an EPA, Department of Housing and Urban Development 353
(HUD), or EPA/HUD model renovation training course
, to take the 4

- hour refresher 354
renovator training in lieu of the 8

- hour initial course to receive their initial certification

. 355
In a subsequent rulemaking, the regulations were changed (Ref. 7 ) to allow renovators to 356
take advantage of the provision only if they had taken the pr erequisite course before 357
October 4, 2011. Now that the Agency is allowing a refresher course that does not have a 358

hands

- on requirement, the grandfather provision would have allowed a student to receive 359Page 16 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

initial renovator certification by taking an online re fresher course that does not have 360

hands

- on training

. EPA received several comments about the grandfather provision. 361

Commenters were concerned that , under the proposal, renovators would be able to take 362

the refresher course without hands

- on training as thei r initial renovator training. 363
EPA believes that it is important for renovators to have hands

- on training when 364
they receive their initial certification. To address commenters ’ concerns, EPA will ensure 365

that all renovators have hands

- on training when they g et their initial certification, by 366
requiring renovators who take advantage of the grandfather provision to take a refresher 367

train ing that includes hands

- on training

. Therefore, o nly renovators that have received 368

their initial certification under the RRP pr ogram may take the renovator refresher course 369

that does not include hands

- on training

. 370

III

. Economic Analysis 371

EPA ’s economic analysis of the potential costs and savings associated with this 372

action (Ref. 3), is available in the docket and is briefly summarized in this Unit

. 373
The rule amendments do not preempt regulations by states, territories, or tribal 374
governments that have their own authorized lead programs, so these estimates only 375
reflect changes in EPA

- administered jurisdictions. 376

Over 50 0,000 renovators have been trained and certified under the federal RRP 377
program since renovator training became mandatory in 2010. Since a large number of 378
renovators received their initial certification in the first year of the program, there will be 379

some i nitial cyclicality in the annual number of renovators recertified. However, this 380
cyclicality will decrease over time as trained renovators exit the industry and are replaced 381
by new entrants. EPA’s analysis makes the simplifying assumptions that under the 382

e xisting regulation (where all refresher training is valid for five years) there will be a 383Page 17 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

steady state average of 100,000 renovators per year with expiring certifications, and 384
30,000 renovators per year will leave the industry and be replaced by new entran ts who 385
must take the initial training course. So an average of 70,000 renovators per year would 386

take the refresher course in the baseline. 387
In the baseline, both initial and refresher renovator training must have a hands

- on 388
component, and renovator certifi cation and recertification are both valid for five years. 389
EPA considered several options for revising the hands

- on requirement for renovator 390
refresher training. The options differed in terms of the length of time for which 391

recertification based on refreshe r training without a hands

- on component would be valid, 392
as well as the number of training cycles in which hands

- on refresher training would have 393
to be taken (i.e., every other time, every third time, or never). The options that EPA 394
analyzed are summarized in Table 1. The final rule reflects the refresher training 395
requirements in Option 4(c). 396

Table 1. Options for Renovator Refresher Training Analyzed in the Economic Analysis

Option Period for which recertification is valid

based on refresher training with a hands

- on component Period for which recertification is valid based on refresher training with out a hands

- on component Number of training cycles in which hands

- on refresher

training must be taken

Existing rule 5 years Not allowed 1 Option 1 5 years 5 years 0 Option 2 5 years 5 years 2 Option 3(a) 5 years 2 years 0 Option 3(b) 5 years 3 years 0 Option 4(a) 5 years 2 years 2 Option 4(b) 5 years 2 years 3 Option 4(c) 5 years 3 years 2 Option 4(d) 5 years 3 years 3 The final rule is Option 4(c). 397 Allowing refresher training to be taught without the hands

- on component will 398
reduce costs for training providers because they will no longer have to purchase the 399
supplies required for hands

- on training

. As a result, the average cost per student of 400Page 18 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

providin g such a course is expected to be $45 less than the baseline cost. Some or all of 401
these savings may be passed on to the students in the form of lower tuition. 402
Refresher training without a hands

- on component can be taken entirely online. 403
Most training prov iders currently offering the classroom portion of a renovator training 404
course online charge the same tuition whether the class is taken in person or online, 405
suggesting that the costs of providing online and in

- person training are similar. But 406

r enovators ta king a course entirely online will avoid the time and associated expenses 407
needed to travel to a training site, at an average savings of $ 1 44 per person. 408
Due to the cost savings, as many as 400 training providers might offer refresher 409
training online if the hands

- on requirement is revised, and many renovators will take their 410
training online. But some renovators will still chose to take their training in per son even 411
when they are eligible for an online class

. EPA considered three different scenarios for 412

how renovators might respond if the hands

- on requirement is modified, assuming that 413

50 % , 75 % , or 90 % of renovators would choose to take their training online if they are 414

allowed to do so. This means that at least 10%, 25%, or 50 % of renovators would choose 415
to take all of their training in person under each option

. And under Options 2 and 4, 416
renovators who chose to take training without a hands

- on component woul d have to take 417

hands

- on training in a subsequent training cycle. So under these options, the number of 418
renovators being trained in person in any given year exceeds 10%, 25%, or 50% of the 419
total number of renovators trained that year. Table 2 lists the annu al number of 420
renovators trained under each option. To simplify the analysis, renovators are assumed to 421
take training without a hands

- on component online, although the rule would also allow 422
such training to be taken in person. The range in the results for e ach option reflects the 423
different scenarios for the number of renovators electing to take online training. 424Page 19 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

425 Table 2

. Average Annual Number of Renovator s Train ed by Option
Option New renovators taking initial

training Renovators taking in

- person refresher training Renovators taking online

- only refresher training Total renovators taking refresher training Existing rule 30,000 70,000 0 70,000 Option 1 30,000 7,000 to 35,000 35,000 to 63,000 70,000 Option 2 30,000 33,000 to 49,000 2 1
, 000 to 37,0 00 70,000 Option 3(a) 30,000 7,000 to 35,000 88
, 0 00 to 15 8
, 0 00 123,000 to 165,000 Option 3(b) 30,000 7,000 to 35,000 58,000 to 105,000 93,000 to 112,000 Option 4(a) 30,000 50,000 to 59,000 27,000 to 49, 000 86,000 to 100,000 Option 4(b) 30,000 39,000 to 53,000 43,000 to 78
, 000 96,000 to 117,000 Option 4(c) 30,000 43,000 to 55,000 25 , 000 to 44, 000 80,000 to 88,000 Option 4(d) 30,000 31,000 to 48,000 36,000 to 6 5,000 84,000 to 96,000 The final rule is Option 4(c). 426 The rule amendments also change the notification requirements for training 427

courses

. P ost

- training notification s will have to include the expiration date for each 428

renovator’ s certification, but it takes a negligible effort for the training provider to submit 429

this information

. Training providers will not be required to submit pre

- notifications for 430

online courses that have no in

- person component , which will reduce the total number of 431
submissions by between 4,000 and 7,000 per year. The amendments also allow training 432
providers to submit post

- notifications once a month for online courses that have no in

433

person component, instead of no later than ten business days following course 434
completion . Such monthly notifications would have to be submitted though EPA’s CDX 435
system, but approxima tely 92% of notifications are already submitted via CDX

. 436
Assuming that 400 training providers offer online refresher training, up to 4,800 post

437
training notifications could be submitted for online training each year. This is a reduction 438
compared to the num ber of post

- training notifications that would be submitted if the 439
amendments did not allow monthly reporting for online training, and it is partially offset 440
by a reduction in the number of post

- training notifications for in

- person classes. 441

And the rule rem oves the $35 multi

- jurisdiction registration fee that individuals, 442Page 20 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

firms, and training providers currently pay when they apply to perform lead

- based paint 443
activities or provide training for that program in additional EPA

- administered 444
jurisdictions. In a ty pical year, these entities apply to work in a total of 431 additional 445
jurisdictions. 446
The rule requires training providers to include the expiration date of the 447
renovator’s certification in the post

- training notification, but the time required to do this 448

i s negligible. The rule also clarifies the requirements for the time

- frame to submit post

449
training notifications for in

- person training courses. The burden and cost of this activity 450

were already accounted for in previous economic analyses and ICRs for the l ead 451

program, and are not repeated here in order to avoid double

- counting these costs

. Another 452
revision adds clarifying language explaining that training providers must follow the 453
regulations . This does not affect the estimated cost of compliance because it does not 454
change any requirements for accredited training providers. 455
Table 3 presents the total cost savings of the rule options, including modifying the 456
notification requirements for training providers , and r emoving the multi

- jurisdiction fee

. 457

The final rule, which is Option 4(c), is estimated to resu lt in cost savings of $1. 8 million 458
to $3.4 million per year (in 2014 dollars) . The rule reduces the cost of providing and 459
taking refresher training enough that compliance costs decrease even though reducing t he 460
certification period to 3 years for renovators taking refresher training without a hands

- on 461
component is projected to increase the total number of renovators trained per year. 462

463 Table 3

. Total Annualized Cost Savings of Minor Amendments Rule Option Description of Modifications to Refresher Training Recertification Requirements Total Cost Savings ($ million per year) Option 1 T raining without hands

- on valid for 5 years $8. 2 to $12. 4 Option 2 T raining without hands

- on component valid for 5 years

. H ands

- on training required eve ry other recertification period. $3. 9 to $7. 0Page 21 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

Option 3(a) Training without hands

- on valid for 2 years

. $1. 8 to $3. 4 Option 3(b) Training without hands

- on valid for 3 years

. $4.5 to $8. 2 Option 4(a) T raining without hands

- on valid for 2 years. H ands

on training required every 2 cycles. $0. 5 to $ 1.0 Option 4(b) T raining without hands

- on valid for 2 years. H ands

on training required every 3 cycles. $0. 9 to $1.6 Option 4(c)

– Final Rule Training without hands

- on valid for 3 years. Hands

- on training required every 2 cycles. $1. 8 to $3.4 Option 4(d) T raining without hands

- on valid for 3 years. H ands

on training required every 3 cycles. $2.7 to $5. 0

Cost savings for all options reflect revisions to the renovator refresher training requirements, changes to the pre

and post

- training notifications , and the removal of the multi

- jurisdiction registration fee. Recertification based on refresher training with a hands

- on component is valid for 5 years under all of the options. I V

. References 464
The following is a listing of the documents that are specificall y referenced in this 465

document. The docket includes these documents and other information considered by 466
EPA, including documents that are referenced within the documents that ar e included in 467
the docket, even if the referenced document is not phy sically located in the docket. For 468
assistance in locating these other documents, please consult the technical person listed 469

under FOR FURTHER INFORMATION CONTACT

. 470
1. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register 471
(73 FR 21692, April 22, 2008) (F RL

- 8355

- 7). 472

2. Lead; Requirements for Lead

- Based Paint Activities in Target Housing and 473

Child

- Occupied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) 474
(FRL

- 5389

- 9). 475

3

. EPA. Economic Analysis for the Lead

- Based Paint Program Minor 476
Amendments Final Rule (Economic Analysis). October 2015. 477

4. EPA. Response to Public Comments ; Lead

- based Paint Programs; Amendment 478

to Jurisdict ion

- Specific Certification and Accreditation Requirements and Renovator 479
Refresher Training Requirements Rulemaking. October 2015

. 480

5. Lead; Fees for Accreditation of Training Programs and Certification of Lead

- 481Page 22 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

based Paint Activities Contractors; Final Rule

. Federal Register (64 FR 31091, June 9, 482
1999) (FRL

- 6058

- 6). 483

6 . Lead; Minor Amendments to the Renovation, Repair, and Painting Program; 484

Final Rule. Federal Register (74 FR 34257, July 15, 2009) (FRL

- 8422

- 7). 485

7 . Lead; Clearance and Clearance Testing Requirements for the Renovation, 486
Repair, and Painting Program; Final Rule. Federal Register (76 FR 47918, August 5, 487
2011) (FRL

- 8881

- 8). 488

8 . EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 489
Training, Certification, Accreditation and St andards for Lead

- Based Paint Activities and 490
Renovation, Repair, and Painting. EPA ICR No. 2502.0 2 and OMB No. 2070

- 0192

. 491

October 2015. 492

V. Statutory and Executive Order Reviews 493
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13 563: 494
Improving Regulation and Regulatory Review 495
This action is a significant regulatory action that was submitted to the Office of 496
Management and Budget (OMB) for review u nder Executive Order s 12866 (58 FR 497
51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), and any changes 498
made in response to OMB recommendations are documented in the docket. 499
EPA prepared an economic analysis of the potential cost savings associated with 500

this acti on (Ref. 3), which is available in the docket and is briefly summarized in Unit III

. 501
B. Paperwork Reduction Act (PRA) 502
The information collection requirements in this rule have been submitted to OMB 503
for review and approval under the PRA, 44 U.S.C. 3501 et seq . The ICR document 504
prepared by EPA has been assigned EPA ICR No. 2502.0 2 and the OMB Control No. 505Page 23 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

2070

- 0192 (Ref. 8 ). The ICR document provides a detailed presentation of the estimated 506
burden and costs p redicted as a result of this action

. You can find a copy of the ICR in the 507
docket for this rule, and it is briefly summarized here. The information collection 508
requirements are not enforceable until OMB approves them. 509
Respondents/affected entities: The rule affects information collection activities by 510
training providers that wish to offer online refresher training. 511
Respondent’s obligation to respond: Although training providers have the option of 512
choosing whether to offer such training, once an enti ty chooses to do so, the information 513
collection activities contained in this rule become mandatory. 514
Estimated number of respondents: 400

. 515
Frequency of response: 1, on occasion

. 516

Total estimated burden: 2,656 hours (per year). Burden is defined at 5 CFR 13 20.3(b). 517

Total estimated burden cost: $ 113.942 (per year), includes $ 0 annualized capital or 518
operation & maintenance costs. 519
Change in approved burden: The total burden in OMB’s inventory for the existing, 520
approved ICR for the lead paint program is 3,312,52 4 hours (OMB Control No. 2070

- 521
0155, EPA ICR No. 1715.13). With the addition of the 2,656 hours related to th is rule 522
amendments ( which qualifies as a program change), the total annual burden for the lead 523
paint pro gram is estimated to be 3,315,180 hours. 524

A n agency may not conduct or sponsor, and a person is not required to respond to, 525
a collection of information unless it displays a currently valid OMB control number. The 526
OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. 527

W hen OMB approves this ICR, the Agency will announce that approval in the Federal 528
Register and publish a technical amendment to 40 CFR part 9 to display the OMB 529Page 24 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

control number for the approved information collection activities contained in this final 530

rule. 531
C. Regulatory Flexibility Act (RFA) 532
I certify that this action will not have a significant economic impact on a 533

substantial number of small entities under the RFA , 5 U.S.C. 601 et seq. In making this 534
determination, the impact of concern is any significant adverse economic impact on small 535

entities

. An agency may certify that a rule will not have a significant economic impact on 536
a substantial number of small entities if the rule relieves regulatory burden, has no net 537
burden or otherwise has a positive econom ic effect on the small entities subject to the 538

rule. 539
Eliminating multi

- jurisdiction registration fees saves money for entities that wish 540
to perform LBP activities in multiple jurisdictions. The rule also allows training providers 541
(many of which are small businesses) additional flexibility in how they offer training. 542
Online training is already allowed for the classroom component of both initial and 543
refresher training, and training providers can choose whether or not to offer it. The 544

amended rule still allow s training providers to choose what type of training to offer 545
because they can continue to offer refresher training with a hands

- on component, begin 546
offering online training without the hands

- on component, or offer both types of training. 547
Training provide rs that voluntarily choose to start offering online refresher training 548

without a hands

- on component would incur costs for some activities (e.g., applying for a 549
new accreditation) but they would reduce other expenses (e.g., supplies for the hands

- on 550

trainin g). See the Economic Analysis (Ref. 3) for additional information on the potential 551
costs and savings of these activities. Because there is no requirement mandating that 552
training providers offer an online refresher course, training providers will not choose to 553Page 25 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

offer online training unless the savings from doing so exceed the costs, or if they can 554
recover their costs through tuition charges, increased volume of business, or other means. 555
The rule requires training providers to include the expiration date of t he renovator’s 556
certification in the post

- training notification, but the time required to do this is negligible. 557
D. Unfunded Mandates Reform Act (UMRA) 558
This action does not contain an unfunded mandate of $100 million or more as 559
described in UMRA, 2 U.S.C. 1531

– 1538, and does not significantly or uniquely affect 560
small governments . The rule amendments do not preempt regulations by states, 561
territories, or tribal governments that have their own authorized lead programs, so those 562
jurisdictions are not required t o change their programs. 563

E. Executive Order 13132: Federalism 564
This action does not have federalism implications as specified in Executive Order 565
13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the 566
states, on the relatio nship between the national government and the states, or on the 567
distribution of power and responsibilities among the various levels of government. 568

F. Executive Order 13175: Consultation and Coordination with Indian Tribal 569

Governments 570

This action does not h ave tribal implications as specified in Executive Order 571
13175 (65 FR 67249, November 9, 2000 ). The rule amendments do not preempt 572
regulations by tribal governments that have their own authorized lead programs, so those 573
jurisdictions are not required to adopt these amendments. Tribal governments can serve 574
as training providers, and those training providers that choose to offer online refresher 575
renovator training would incur costs for some activities (such as applying for a new 576
accreditation) but they would reduce other expenses (such as supplies for the hands

- on 577Page 26 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

training). However, there is no requ irement mandating that training providers offer an 578

online refresher course. So training providers will not choose to offer online training 579
unless the savings of doing so exceed the costs, or if they can recover their costs through 580
tuition charges or other means. Thus, Executive Order 13175 does not apply to this 581

action. 582
G. Executive Order 13045: Protection of Children from Environmental Health Risks and 583
Safety Risks 584
This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 585
1997) because i t is not an economically significant regulatory action as defined by 586
Executive Order 12866, and because EPA interprets Executive Order 13045 as applying 587
only to those regulatory actions that concern health or safety risks, such that the analysis 588
required u nder section 5

- 501 of the Executive Order has the potential to influence the 589
regulation. This action does not establish an environmental standard intended to mitigate 590
health or safety risks. Furthermore, the requirements in the lead program will continue t o 591
protect children, sin ce renovators will still be required to take an 8 hour initial training 592

that includes a hands

- on component; they will still have to take regular refresher training; 593
the refresher training will have to include a hands

- on component eve ry other training 594
cycle; refresher training without a hands

- on component will only be valid for three years; 595
and renovators will still have to comply with the work practice requirements for 596
renovation, repair or painting activities that disturb lead

- based paint. 597
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect 598
Energy S upply, Distribution, or Use 599

This action is not a significant energy action as defined in Executive Order 13211 600
(66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 601Page 27 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

on the supply, distribution, or use of energy. Further, this rule is not likely to have any 602
adverse energy effects because it does not require any action related to the supply, 603
distribution, or use of energy. 604

I. National Technology Transfer and Advancement Act (NTTAA) 605

This rule does not involve technical standards and is therefore not subject to 606

considerations under s ection 12(d) of NTTAA, 15 U.S.C. 272 note

. 607

J. Executive Order 12898: Federal Actions to Address E nvironmental Justice in Minority 608
Populations and Low

- Income Populations 609

EPA has determined that this action will not have disproportionately high and 610
adverse human health or environmental effects on minority or low

- income populations as 611
specified in Execut ive Order 12898 (59 FR 7629, February 16, 1994) . This action does 612
not directly affect the level of protection provided to human health or the environment. 613

The rule remove s multi

- jurisdiction fees for the LBP Activities program
, revises the 614

hands

- on requirement for refresher renovator training , and changes the notification 615
requirements for training providers . However, renovators will still be required to take an 616
8 hour initial training that includes a hands

- on component; they will still have to take 617

r egular refresher training; the refresher training will have to include a hands

- on 618
component every other training cycle; refresher training without a hands

- on component 619
will only be valid for three years; and renovators will still have to comply with the wo rk 620
practice requirements for renovation, repair or painting activities that disturb lead

- based 621
paint. 622

K

. Congressional Review Act (CRA) 623Page 28 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

This action is subject to the CRA
, 5 U.S.C. 801 et seq., and EPA will submit a 624
rule report to each House of the Congres s and to the Comptroller General of the United 625

States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). 626Page 29 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

L ist of Subjects in 40 CFR Part 745 627
Environmental protection
, Lead, Lead

- based paint, Renovation. 628

629

Dated:

________________ 630

631

____________________________________ 632
Gina McCarthy 633

Administrator. 634

635Page 30 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

Therefore, 40 CFR chapter I is amended as follows: 636

PART 745

-- [AMENDED] 637
1. The authority citation for part 745 continues to read as follows: 638
Authority: 15 U.S.C. 2605, 2607, 2681

- 2692 and 42 U.S.C. 4852d. 639
2. In § 745. 90 640
a. revise paragraph (a)( 2 ) 641
b. revise paragraph (a)(4) 642

The addition and revisions read as follows: 643
§745.90 Renovator certification and dust sampling technician certification. 644
(a) * * * 645
( 2 ) Individuals who have successfully completed an accredited abatement worker or 646
supervisor course, or individuals who successfully completed an EPA, HUD, or 647
EPA/HUD model renovation training course before October 4, 2011 may take an 648
accredited refresher renovator training course that includes hands

- on training in lieu of 649
the initial renovator training course to become a certified renovator. 650

* * * * * 651
(4) To maintain renovator certification or dust sampling technician certification, an 652
individual must complete a renovator or dust sampling technician refresher course 653
accredited by EPA under §745.225 or by a State or Tribal program that is authorized 654
under subpart Q of this part within 5 years of the date the individual completed the initial 655
course described in paragraph (a)(1) of th is section. If the individual does not complete a 656
refresher course within this time, the individual must re

- take the initial course to become 657
certified again. Individuals who complete a renovator course accredited by EPA or an 658
EPA authorized program on or before March 31, 2010, must complete a renovator 659Page 31 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

refresher course accredited by EPA or an EPA authorized program on or before March 660
31, 2016, to maintain renovator certification. Individuals who completed a renovator 661
course accredited by EPA or an EPA auth orized program between April 1, 2010 and 662
March 31, 2011, will have one year added to their original 5

- year certification. 663

Individuals who take a renovator refresher course that does not include hands

- on training 664
will be certified for 3 years from the da te they complete the training. Individuals who 665
take a refresher training course that includes hands

- on training will be certified for 5 666

years. Individuals who take the renovator refresher without hands

- on training must , for 667
their next refresher course, take a refresher course that includes hands

- on training to 668

maintain renovator certification

. 669

* * * * * 670

3 . In § 745.225: 671
a. Add new paragraph (a)(4). 672
b. Revise the introductory text of paragraphs (c), (d), and (e). 673
c. Add new paragraph (c)(8)(vii) 674

d. Revise paragraph (c)(13)(i) 675

e . Revise paragraphs (c)(14)(i) and (e)(2) and (3). 676
f. Add new paragraph (c)(14)(ii)(D)(7) 677

The addition and revisions read as follows: 678
§ 745.225 Accreditation of training programs: target housing and child

- occupied 679

facilities. 680
(a) * * * 681
(4) Accredited training programs, training program managers, and principal 682
instructors must comply with all of the requirements of this section including approved 683Page 32 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

terms of the application and all of the requirements and limitations specified in any 684
accreditation documents issued to training programs. 685

* * * * * 686
(c) Requirements for the accreditation of training programs. A training program 687
accredited by EPA to offer lead

- based paint activities courses, renovator courses, or dust 688
sampling technician c ourses must meet the following requirements: 689

* * * * * 690
(8) * * * 691
(viii) For renovator course completion certificates, the expiration date of 692

certification. 693

* * * * * 694
(13) * * * 695
(i) The training manager must provide EPA with notification of all renovator, dust 696
sampling technician, or lead

- based paint activities courses offered except for any 697

renovator course without hands

- on training delivered via electronic learning . The original 698
notification must be received by EPA at least 7 business days prior to the start date of any 699
renovator, dust sampling technician, or lead

- based paint activities course. 700

* * * * * 701
(14) * * * 702
(i) The training manager must provide EPA notification after the completion of 703
any renovator, dust sampling, or lead

- based paint activities course. This notification must 704
be received by EPA no later than 10 business days following course completion. 705

Notifications for any e

- learning renovator refresher course that does not include hands

- on 706
training must be submitted via the Central Data Exchan ge no later than the 10 th day of the 707Page 33 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

month and include all students trained in the previous month. 708
(ii) * * * 709
(D) * * * 710
( 7 ) For renovator refresher courses, the expiration date of certification

. 711

* * * * * 712
(d) Minimum training curriculum requirements. A training program accredited by 713

EPA to offer lead

- based paint courses in the specific disciplines listed in this paragraph 714
(d) must ensure that its courses of study include, at a minimum, the following course 715
topics. 716

* * * * * 717
(e) Requirements for the accre ditation of refresher training programs. A training 718
program may seek accreditation to offer refresher training courses in any of the following 719
disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, 720
renovator, and dust sampli ng technician. A training program accredited by EPA to offer 721
refresher training must meet the following minimum requirements: 722

* * * * * 723
(2) Refresher courses for inspector, risk assessor, supervisor, and abatement 724
worker must last a minimum of 8 training h ours. Refresher courses for project designer, 725
renovator, and dust sampling technician must last a minimum of 4 training hours. 726
Refresher courses for all disciplines except renovator and project designer must include a 727

hands

- on component. Renovators must ta ke a refresher course that includes hands

- on 728
training at least every other recertification. 729
(3) Except for renovator and project designer courses, for all other courses 730
offered, the training program shall conduct a hands

- on assessment. With the exception of 731Page 34 of 34 [RIN 2070

- AK02] ***Internal Final Agency Review Draft

– Deliberative

- Do Not Cite, Quote or Release***

project designer courses, the training program shall conduct a course test at the 732
completion of the course. Renovators must take a refresher course that includes hands

- on 733
training at least every other recertification. 734

* * * * * 735

4 . In § 745.238: 736

a. Remo ve paragraph (c)(3). 737
b. Redesignate paragraphs (c)(4) and (5) as (c)(3) and (4). 738
c. Revise the headings for paragraphs (d)(1) and (2). 739
d. Revise paragraph (e)(2). 740

The amendments read as follows: 741
§ 745.238 Fees for accreditation and certification of lead

- based paint activities. 742

* * * * * 743
(d) * * * 744
(1) Certification and re

- certification * * * 745
(2) Accreditation and re

- accreditation. * * * 746

* * * * * 747
(e) * * * 748
(2) Submit application and payment in the amount specified in paragraph (c)(3) of 749

this section in accordance with the instructions provided with the application package. 750

* * * * * 751