*** EO 12866 Review Draft – Deliberative – Do Not Quote, Cite, or Release During Review ***

2015-11-04_Lead_MinorAmendments_FRM_EO12866-Documentation_AsSubmitted_DraftFRdocument.docx

Draft document as submitted for review under EO 12866

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1 BILLING CODE 6560-50-P

2 ENVIRONMENTAL PROTECTION AGENCY

3 40 CFR Part 745

4 EPA-HQ-OPPT-2014-0304; FRL-XXXX-XX

5 RIN 2070-AK02

6 Lead-based Paint Programs; Amendment to Jurisdiction-Specific Certification and 

7 Accreditation Requirements and Renovator Refresher Training Requirements

8 AGENCY: Environmental Protection Agency (EPA).

9 ACTION: Final rule.

10 SUMMARY: EPA is finalizing revisions to the Lead Renovation, Repair, and Painting 

11 (RRP) rule, and the Lead-based Paint (LBP) Activities rule. The revisions are intended to 

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

13 EPA, and by clarifying language for training providers, while retaining the protections 

14 provided by the original rules. First, EPA is modifying the requirement that the renovator 

15 refresher training for individuals have a hands-on component. Second, the Agency is 

16 removing jurisdiction-specific certification and accreditation requirements under the LBP 

17 Activities program in States where EPA administers the program. Previously, this 

18 program required that training providers, firms and individuals seek certification in each 

19 jurisdiction (e.g., a State) where the organization or person wanted to work. Third, EPA 

20 is adding clarifying language to the requirements for training providers under both the 

21 RRP and LBP Activities programs.

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

23 ADDRESSES: The docket for this action, identified by docket identification (ID) 
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24 number HQ-OPPT-2014-0304, is available at http://www.regulations.gov or at the Office 

25 of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection 

26 Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 

27 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 

28 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

29 number for the Public Reading Room is (202) 566-1744, and the telephone number for 

30 the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional 

31 information about the docket available at http://www.epa.gov/dockets.

32 FOR FURTHER INFORMATION CONTACT: For technical information contact:

33 Marc Edmonds, National Program Chemicals Division, Office of Pollution Prevention 

34 and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 

35 Washington, DC 20460-0001; telephone number: 202-566-0758; email address: 

36 edmonds.marc@epa.gov.

37 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South 

38 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: 

39 TSCA-Hotline@epa.gov.

40 SUPPLEMENTARY INFORMATION:

41 I. Executive Summary

42 A. Does this Action Apply to Me?

43 You may be potentially affected by this action if you operate a training program 

44 required to be accredited under 40 CFR 745.225, if you are a firm or individual who must 

45 be certified to conduct lead-based paint activities in accordance with 40 CFR 745.226, or 

46 if you are an individual who must be certified to conduct renovation activities in 

47 accordance with 40 CFR 745.90. This rule applies only in States, territories, and tribal 
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48 areas that do not have authorized programs pursuant to 40 CFR 745.324. For further 

49 information regarding the authorization status of States, territories, and Tribes, contact 

50 the National Lead Information Center at 1-800-424-LEAD [5323]. 

51 The following list of North American Industrial Classification System (NAICS) 

52 codes is not intended to be exhaustive, but rather provides a guide to help readers 

53 determine whether this document applies to them. Potentially affected entities may 

54 include:

55 • Building construction (NAICS code 236), e.g., single-family housing 

56 construction, multi-family housing construction, residential remodelers.

57 • Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air58 conditioning contractors, painting and wall covering contractors, electrical contractors, 

59 finish carpentry contractors, drywall and insulation contractors, siding contractors, tile 

60 and terrazzo contractors, glass and glazing contractors.

61 • Real estate (NAICS code 531), e.g., lessors of residential buildings and 

62 dwellings, residential property managers.

63 • Child day care services (NAICS code 624410).

64 • Elementary and secondary schools (NAICS code 611110), e.g., elementary 

65 schools with kindergarten classrooms.

66 • Other technical and trade schools (NAICS code 611519), e.g., training 

67 providers.

68 • Engineering services (NAICS code 541330) and building inspection services 

69 (NAICS code 541350), e.g., dust sampling technicians.

70 • Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 

71 engaged in lead-based paint activities.
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72 B. What is the Agency's Authority for Taking this Action?

73 This final rule is being issued under the authority of Sections 402(a) and 402(c)(3) 

74 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2682(a) and 2682(c)(3).

75 C. What Action is the Agency Taking?

76 EPA is making minor revisions to the RRP rule that published in the Federal 

77 Register on April 22, 2008 (Ref. 1) and the Lead-based Paint Activities rule that 

78 published in the Federal Register on August 29, 1996 (Ref. 2). EPA is modifying the 

79 requirement that the renovator refresher training for individuals have a hands-on 

80 component. The Agency is also removing jurisdictions under the LBP Activities program

81 in States where EPA administers the program. Previously, this program required that 

82 training providers, firms and individuals seek certification in each jurisdiction (e.g., a 

83 State) where the organization or person wanted to work. In addition, EPA is adding 

84 clarifying language to the requirements for training providers under both the RRP and 

85 LBP Activities programs. 

86 D. Why is the Agency Taking this Action?

87 The proposed revisions are intended to improve the day-to-day function of these

88 programs by reducing burdens to industry and the EPA and by clarifying language for 

89 training providers, while retaining the benefits of the original rules.

90 E. What are the Estimated Incremental Impacts of this Action?

91 EPA has prepared an economic analysis (EA) of the potential incremental impacts 

92 associated with this rulemaking (Ref. 3). This analysis, which is available in the docket, is 

93 discussed in more detail in Unit III. The following is a brief outline of the estimated

94 incremental impacts of this rulemaking.

95  Overall costs. This rule is estimated to result in cost savings of $1.8 million to 
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96 $3.4 million per year. 

97  Paperwork burdens. The rule affects information collection activities by training

98 providers that wish to offer online refresher training and is estimated to have an 

99 incremental total estimated annual burden of 2,656 hours. Burden is defined at 5 CFR 

100 1320.3(b).

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

102 substantial number of small entities. 

103  Effects on State, local, and Tribal governments. This rule does not have an 

104 intergovernmental mandate, any significant or unique effects on small governments, or

105 Federalism or Tribal implications.

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

107 This unit discusses the final rule, including what was proposed and the public 

108 comments received on the proposed rule. A separate document that summarizes the 

109 comments received that were relevant to the proposal and EPA’s responses has been 

110 prepared and is available in the docket for this rulemaking (Ref. 4).

111 A. Hands-on Training

112 To become certified as a renovator, a person must successfully complete a 

113 renovator course accredited by EPA or by a State, territorial, or tribal program authorized 

114 by EPA. To gain initial certification, individual renovators must complete an 8-hour 

115 training course. People who had taken an EPA, Department of Housing and Urban 

116 Development (HUD), or EPA/HUD model renovation training course could take the 4-

117 hour refresher renovator training in lieu of the 8-hour initial course. Trainings are taught 

118 either in a classroom or via electronic learning (e-learning). To maintain certification, 

119 renovators must complete a renovator refresher course before their certification expires. 
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120 If the renovator does not complete the course within the required timeframe, the 

121 individual must retake the initial 8-hour course to become certified again. 

122 The 8-hour initial training includes hands-on training in testing for lead in paint, 

123 methods for minimizing the creation of dust and lead-based paint hazards, interior and 

124 exterior containment and cleanup methods, and cleaning verification. Activities covered 

125 include the use of EPA-recognized test kits, setting up barriers, covering furniture, ducts, 

126 and carpeted floors with plastic, mopping floors, bagging waste, and determining that the 

127 work area has been adequately cleaned. Each student performs these activities in front of 

128 an instructor who determines if the student is proficient in each one. Students must be 

129 deemed proficient in order to pass the class and become a certified renovator. The current 

130 version of the renovator refresher course includes hands-on training in testing paint for 

131 lead and cleaning verification.

132 On January 15, 2015, EPA proposed to eliminate the hands-on requirement in the 

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

134 both supported and opposed the proposed change. After carefully weighing the issues at 

135 stake and considering the concerns raised by commenters, the Agency is promulgating a 

136 modified version of the proposal. Specifically, EPA will allow renovators to take a 

137 refresher course without hands-on training once every other certification. Once a 

138 renovator takes the refresher course without the hands-on training, their next refresher 

139 training must include hands-on training. The certification from the refresher course 

140 without hands-on training will last for three years. Taking the course without hands-on 

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

142 include hands-on training and be taken within three years of their previous certification. 

143 The certification from taking a course with hands-on training will last for five years.
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144 Many commenters stated that allowing the refresher course to be taught entirely 

145 online would result in more trained contractors. One commenter stated the online course 

146 would allow for wider adoption of the rule resulting in higher compliance. Another 

147 commenter stated that this will benefit homeowners by having more trained renovators in 

148 the field. One commenter who is in favor of online training stated that when he took his 

149 initial renovator training, he spent two days traveling to and from the training and another 

150 day taking the class. Online training would have saved this person travel costs and time 

151 away from work. EPA agrees that a refresher training taught entirely online would result 

152 in more renovators taking the training. Without the hands-on requirement, renovators 

153 seeking recertification would be able to take the course entirely online without having to 

154 travel to a training location to perform the hands-on activities. This change will make it 

155 easier for renovators to take the refresher training, especially renovators who live far 

156 from a training facility. Renovators will save time and travel costs by taking the course 

157 from a single location, possibly their own home. Although the online training will only be 

158 allowed for every other refresher training, EPA believes that the associated burden and 

159 cost savings will lead to more renovators taking the refresher training and becoming

160 recertified. Having more renovators take the refresher training will lead to a higher 

161 number of certified renovators, resulting in a workforce better able to perform 

162 renovations in a lead-safe manner.

163 Many commenters believe that an in-class course provides better training than an 

164 online course. One commenter stated that students learn more when they can interact with 

165 other students and share information. Many commenters stated that students learn better 

166 by performing hands-on activities. One commenter stated that it is important for students 

167 to practice what they learn and get immediate feedback from instructors. Another 
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168 commenter stated that people who work with their hands, such as renovators, learn better 

169 from doing rather than watching. While EPA believes that renovators can sufficiently 

170 learn the RRP requirements via online training, the Agency understands the commenters’

171 concerns about students missing out on potential benefits of hands-on training and 

172 interaction with trainers and students when they take an online course. These concerns 

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

174 does not include hands-on training to three years and required in-class training every 

175 other certification. This way, renovators who may learn more in a classroom setting will 

176 not be able to take the online course perpetually without ever having classroom refresher

177 training. Further, they will have to take the in-class training sooner, after only three years 

178 from when they completed the online course. 

179 Many commenters were concerned that training providers would have difficulty 

180 verifying the identity of the person taking the course. One commenter stated that it would 

181 be difficult, if not impossible, to verify that the person taking the training is, in fact, the 

182 individual who receives certification. Another commenter pointed out that a classroom183 based course reduces the potential for misrepresentation and fraud that can take place in 

184 an online learning situation. As one training provider explained, there are measures that it 

185 takes to verify student identity in an online course but admitted that there is no guarantee 

186 that the person taking the course is who they claim to be. Several commenters suggested 

187 possible solutions, such as tracking IP addresses or taking a picture of the student without 

188 notice to verify their identity. These commenters’ suggestions, as well as others, do not 

189 appear to be practical methods to verify student identity. EPA recognizes the possibility 

190 that someone could have another person take the course for him or her; however, there 

191 are potential penalties for those who do this. Pursuant to 18 U.S.C. section 1001, it is a 
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192 criminal violation to knowingly and willfully make a false or fraudulent statement in any 

193 matter within EPA’s jurisdiction. Furthermore, if a renovator is tempted to have someone 

194 else take the course for them, they will know that they will have to take the course in 

195 person for their next certification, ensuring that their identity can be verified, because the 

196 online course can only be taken once every other certification. 

197 EPA understands that there may be disadvantages to online training. However, the 

198 Agency expects that the associated burden and cost savings of the rule will lead to more 

199 renovators taking the refresher training and becoming recertified. The Agency believes 

200 the benefits of having more renovators take the refresher training, leading to a higher 

201 number of certified renovators, will outweigh any disadvantages of the final rule.

202 B. Jurisdictions

203 On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee 

204 schedule for training programs seeking EPA accreditation and for individuals and firms 

205 seeking EPA certification (Ref. 5). These fees were established as directed by TSCA 

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

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

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

209 training programs that provide training or perform lead-based paint activities in more 

210 than one State administered by the EPA program. This fee is applied per discipline for 

211 each additional EPA-administered State in which the applicant seeks 

212 certification/recertification or accreditation/reaccreditation. An EPA-administered 

213 jurisdiction is either an individual State without an authorized program or all Tribes 

214 without authorized programs in a given EPA Region.

215 The multi-state jurisdiction fee of $35 was based on the estimated burdens 
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216 required for Agency clerical, technical, and managerial staff to perform tasks associated 

217 with adding jurisdictions to a certification or accreditation. Tasks include entering the 

218 information into a database, approving or disapproving the application and generating 

219 and mailing a certificate to the applicant. After years of implementing the LBP Activities 

220 Program, the Agency believes that separate certifications for each EPA-administered 

221 State jurisdiction are not necessary. In particular, EPA does not believe it is necessary for 

222 the Agency to certify or accredit the same applicant multiple times; certification in one 

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

224 EPA-administered State. Accordingly, the Agency is eliminating the requirement for 

225 separate certifications in each EPA-administered State jurisdiction in the LBP Activities 

226 Program. Regulated entities will no longer have to send an application and fees to EPA 

227 for the purpose of adding additional EPA-administered State jurisdictions to their 

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

229 certification in the LBP Activities Program, they will be able to work in any EPA230 administered State. 

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

232 LBP Activities Program. Most comments were in support of eliminating jurisdictions. 

233 Commenters who opposed the proposed removal were confused about what EPA was 

234 proposing, believing that the Agency was going to change the requirements for States to 

235 become authorized to implement the LBP Activities Program. The Agency is not 

236 changing the State authorization requirements, nor did it propose to do so. EPA is 

237 promulgating the revisions as proposed by eliminating jurisdictions in the LBP Activities 

238 Program administered by EPA. 

239 Now that jurisdictions in EPA’s LBP Activities Program have been removed, 
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240 firms, individuals and training providers will receive one certificate that will allow them 

241 to work in all EPA-administered States instead of one certificate per State. Certificates 

242 issued before this final rule are still valid until their expiration and regulated entities will 

243 not need their certificates replaced because of this rule. In addition, a previous 

244 certification in a single EPA-administered jurisdiction allows firms, individuals and 

245 training providers to perform lead-based paint activities in all EPA-administered 

246 jurisdictions until the expiration of that certification. 

247 C. Clarification Regarding Training Provider Application Requirements

248 EPA is clarifying the application regulations for accredited training providers 

249 under the RRP rule (Ref. 1) and LBP Activities rule (Ref. 2). It was brought to the 

250 Agency’s attention that the regulations did not specifically state what constituted a 

251 violation of the regulations at 40 CFR 745.225. For example, some other regulatory 

252 provisions, such as 40 CFR 745.87, specifically list various activities that are considered 

253 a violation of TSCA. Accordingly, the Agency proposed to add clarifying language 

254 explaining that training providers must follow the requirements in that section. EPA 

255 believes that accredited training providers already understand this, but EPA proposed to 

256 add the clarifying language to ensure understanding of the requirements – similar to what 

257 has been done in other regulations. This clarifying language does not change any 

258 requirements for accredited training providers. 

259 The Agency received few comments on the clarification. Most of the comments 

260 expressed general support for the proposed change. One commenter said that the current 

261 requirements are specific and the clarification is not necessary. EPA disagrees with this 

262 comment. The language in 40 CFR 745.225 did not specifically say that a failure to 

263 follow the requirements of that section was a violation. While it is likely that many 
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264 training providers already understand that, EPA believes it is important to make it clear in 

265 the regulations in order to eliminate any confusion about what constitutes a violation. 

266 Therefore, EPA is finalizing the changes as proposed by adding the clarifying language to 

267 40 CFR 745.225. 

268 D. Correction to Training Notification Requirements

269 The regulatory text of the final RRP rule in 2008 (Ref. 1) inadvertently omitted a 

270 requirement for accredited providers of renovation training to provide notification to EPA 

271 after each training course the provider delivers. The provision was designed to supply 

272 important information regarding certified renovators for EPA’s compliance monitoring 

273 efforts. In 2009, EPA issued a rule (Ref. 6) to correct this omission by amending 40 CFR 

274 745.225(c)(14) to require post-course notifications from accredited providers of renovator 

275 or dust sampling technician training. The 2009 rule also included conforming changes 

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

277 notification form and to make it clear that all methods of post-course notification are 

278 available to both renovation training providers and LBP Activities training providers. As 

279 amended, 40 CFR 745.225(c)(14) required renovation training providers to notify EPA 

280 no later than 10 business days following course completion. Although EPA identified this 

281 requirement in its cost estimates in 2008, the regulatory provision was subsequently 

282 overwritten by another rulemaking. Specifically, in a 2011 rule (Ref. 7), the regulatory 

283 language inadvertently removed the regulatory text that was added to 40 CFR 

284 745.225(c)(14)(i) by the 2009 rule. In January 2015, EPA proposed to add the same 

285 language back to 40 CFR 745.225(c)(14)(i) that was included in the 2009 rule. 

286 EPA received several comments about the correction to the notification 

287 regulations. Two commenters said they had no objection to the correction. Another 
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288 commenter said simply that he supported the proposed change. No commenters opposed 

289 making the correction. EPA is promulgating the revision as proposed.

290 E. Notifications for Online Trainers

291 As explained in the preamble to the proposed rule, EPA considered modifying the 

292 requirements regarding online training notifications by requiring training providers that 

293 teach the online refresher course to submit notifications via the internet. For years, 

294 training providers have had the option of submitting notifications electronically via 

295 EPA’s Central Data Exchange (CDX). The CDX system is designed to streamline the 

296 notification process for training providers and EPA alike, and to perform basic 

297 validations of electronic submissions that reduce common errors in notifications 

298 otherwise submitted on paper. Submitting notification via the internet reduces the burden 

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

300 The Agency requested comment on whether it should require training providers to 

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

302 training. EPA received one comment submitted by a training provider who supported the 

303 requirement. No commenters opposed the change. Based on the benefits of online 

304 notifications, EPA is promulgating a requirement that training providers that teach the 

305 renovator refresher course without hands-on training must submit their post-training 

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

307 training will be taught online since there will be no need for students to take the course in 

308 person. EPA believes that trainers who teach an online course clearly have the technical 

309 knowledge and ability to submit their post-training notifications via the internet and it is 

310 therefore appropriate to promulgate this requirement. As stated later in this unit, these 

311 trainers will not have to submit pre-training notifications; therefore, this requirement only 
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312 applies to post-training notifications. 

313 EPA also requested comment on how it should modify the notification 

314 requirements to accommodate training taught entirely online. Training providers submit 

315 both a pre-training and post-training notification for each course that they teach. Now that 

316 the renovator refresher training can be taught entirely online, there will be no classroom 

317 session for which to notify EPA for the online class. Consequently, pre-training 

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

319 need to send to EPA the names of the students who completed the online course, post320 training notifications are still required. 

321 EPA received several comments regarding how it should modify the post-training 

322 notification requirements. One commenter said that EPA should be notified as soon as the 

323 student completes the course. Another commenter stated that post-training notifications 

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

325 at the time the student finishes the course would be too burdensome for training 

326 providers. Furthermore, it is not necessary for student information to be submitted the 

327 same day the course is completed. On the other hand, with quarterly notifications, 

328 information for some students would not be submitted to EPA for almost three months 

329 after the training was completed. There are times when EPA uses the information from 

330 notifications to verify whether a certain person is a certified renovator. A delay of three 

331 months increases the likelihood of this information not being available when the Agency 

332 needs it. As a compromise, and as one of the commenters suggested, the Agency is 

333 requiring the notifications to be submitted every month. Specifically, for renovator 

334 refresher courses without hands-on training, training providers must submit post-training 

335 notifications to EPA anytime from the first to tenth day of the month that includes the 
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336 required information on students who completed the course in the previous month.

337 The Agency is requiring training providers that teach the refresher training 

338 entirely online to include the expiration of the renovator’s certification in the post339 training notification. Now that renovator certifications can be either three or five years, it 

340 is important to have the expiration date on the notification so EPA can tell when the 

341 renovator’s certification expires and whether he or she took the course that is taught 

342 entirely online. The Agency is also requiring course completion certificates for all 

343 renovator courses to include the expiration of the certification. Because of the two 

344 different certification timeframes, it is important for the certificate to clearly state when 

345 the certification expires. This information may be of help to various parties including 

346 homeowners and training providers. Homeowners may want to verify that the certified 

347 renovators working in their homes are currently certified. Training providers who teach 

348 the refresher training are required to verify whether the student is eligible to take the 

349 refresher training which would be difficult to do without knowing when the renovator’s 

350 certification expires. 

351 F. Grandfathering

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

353 renovators who have taken an EPA, Department of Housing and Urban Development 

354 (HUD), or EPA/HUD model renovation training course, to take the 4-hour refresher 

355 renovator training in lieu of the 8-hour initial course to receive their initial certification.

356 In a subsequent rulemaking, the regulations were changed (Ref. 7) to allow renovators to 

357 take advantage of the provision only if they had taken the prerequisite course before 

358 October 4, 2011. Now that the Agency is allowing a refresher course that does not have a 

359 hands-on requirement, the grandfather provision would have allowed a student to receive 
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360 initial renovator certification by taking an online refresher course that does not have 

361 hands-on training. EPA received several comments about the grandfather provision. 

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

363 the refresher course without hands-on training as their initial renovator training. 

364 EPA believes that it is important for renovators to have hands-on training when 

365 they receive their initial certification. To address commenters’ concerns, EPA will ensure 

366 that all renovators have hands-on training when they get their initial certification, by

367 requiring renovators who take advantage of the grandfather provision to take a refresher 

368 training that includes hands-on training. Therefore, only renovators that have received 

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

370 that does not include hands-on training. 

371 III. Economic Analysis

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

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

374 The rule amendments do not preempt regulations by states, territories, or tribal 

375 governments that have their own authorized lead programs, so these estimates only 

376 reflect changes in EPA-administered jurisdictions.

377 Over 500,000 renovators have been trained and certified under the federal RRP 

378 program since renovator training became mandatory in 2010. Since a large number of 

379 renovators received their initial certification in the first year of the program, there will be 

380 some initial cyclicality in the annual number of renovators recertified. However, this 

381 cyclicality will decrease over time as trained renovators exit the industry and are replaced 

382 by new entrants. EPA’s analysis makes the simplifying assumptions that under the 

383 existing regulation (where all refresher training is valid for five years) there will be a 
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384 steady state average of 100,000 renovators per year with expiring certifications, and 

385 30,000 renovators per year will leave the industry and be replaced by new entrants who 

386 must take the initial training course. So an average of 70,000 renovators per year would 

387 take the refresher course in the baseline. 

388 In the baseline, both initial and refresher renovator training must have a hands-on 

389 component, and renovator certification and recertification are both valid for five years. 

390 EPA considered several options for revising the hands-on requirement for renovator 

391 refresher training. The options differed in terms of the length of time for which 

392 recertification based on refresher training without a hands-on component would be valid, 

393 as well as the number of training cycles in which hands-on refresher training would have 

394 to be taken (i.e., every other time, every third time, or never). The options that EPA 

395 analyzed are summarized in Table 1. The final rule reflects the refresher training 

396 requirements in Option 4(c).

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 without 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

398 Allowing refresher training to be taught without the hands-on component will 

399 reduce costs for training providers because they will no longer have to purchase the 

400 supplies required for hands-on training. As a result, the average cost per student of 
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401 providing such a course is expected to be $45 less than the baseline cost. Some or all of 

402 these savings may be passed on to the students in the form of lower tuition. 

403 Refresher training without a hands-on component can be taken entirely online. 

404 Most training providers currently offering the classroom portion of a renovator training 

405 course online charge the same tuition whether the class is taken in person or online, 

406 suggesting that the costs of providing online and in-person training are similar. But 

407 renovators taking a course entirely online will avoid the time and associated expenses 

408 needed to travel to a training site, at an average savings of $144 per person. 

409 Due to the cost savings, as many as 400 training providers might offer refresher 

410 training online if the hands-on requirement is revised, and many renovators will take their 

411 training online. But some renovators will still chose to take their training in person even 

412 when they are eligible for an online class. EPA considered three different scenarios for 

413 how renovators might respond if the hands-on requirement is modified, assuming that 

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

415 allowed to do so. This means that at least 10%, 25%, or 50% of renovators would choose 

416 to take all of their training in person under each option. And under Options 2 and 4, 

417 renovators who chose to take training without a hands-on component would have to take 

418 hands-on training in a subsequent training cycle. So under these options, the number of 

419 renovators being trained in person in any given year exceeds 10%, 25%, or 50% of the 

420 total number of renovators trained that year. Table 2 lists the annual number of 

421 renovators trained under each option. To simplify the analysis, renovators are assumed to 

422 take training without a hands-on component online, although the rule would also allow 

423 such training to be taken in person. The range in the results for each option reflects the 

424 different scenarios for the number of renovators electing to take online training. 
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425

Table 2. Average Annual Number of Renovators Trained 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 21,000 to 37,000 70,000

Option 3(a) 30,000 7,000 to 35,000 88,000 to 158,000 123,000 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 65,000 84,000 to 96,000

The final rule is Option 4(c).

426

427 The rule amendments also change the notification requirements for training 

428 courses. Post-training notifications will have to include the expiration date for each 

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

430 this information. Training providers will not be required to submit pre-notifications for 

431 online courses that have no in-person component, which will reduce the total number of 

432 submissions by between 4,000 and 7,000 per year. The amendments also allow training 

433 providers to submit post-notifications once a month for online courses that have no in434 person component, instead of no later than ten business days following course 

435 completion. Such monthly notifications would have to be submitted though EPA’s CDX

436 system, but approximately 92% of notifications are already submitted via CDX.

437 Assuming that 400 training providers offer online refresher training, up to 4,800 post438 training notifications could be submitted for online training each year. This is a reduction 

439 compared to the number of post-training notifications that would be submitted if the 

440 amendments did not allow monthly reporting for online training, and it is partially offset 

441 by a reduction in the number of post-training notifications for in-person classes.

442 And the rule removes the $35 multi-jurisdiction registration fee that individuals, 
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443 firms, and training providers currently pay when they apply to perform lead-based paint 

444 activities or provide training for that program in additional EPA-administered 

445 jurisdictions. In a typical year, these entities apply to work in a total of 431 additional 

446 jurisdictions.

447 The rule requires training providers to include the expiration date of the 

448 renovator’s certification in the post-training notification, but the time required to do this 

449 is negligible. The rule also clarifies the requirements for the time-frame to submit post450 training notifications for in-person training courses. The burden and cost of this activity 

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

452 program, and are not repeated here in order to avoid double-counting these costs. Another 

453 revision adds clarifying language explaining that training providers must follow the 

454 regulations. This does not affect the estimated cost of compliance because it does not 

455 change any requirements for accredited training providers.

456 Table 3 presents the total cost savings of the rule options, including modifying the 

457 notification requirements for training providers, and removing the multi-jurisdiction fee. 

458 The final rule, which is Option 4(c), is estimated to result in cost savings of $1.8 million 

459 to $3.4 million per year (in 2014 dollars). The rule reduces the cost of providing and 

460 taking refresher training enough that compliance costs decrease even though reducing the 

461 certification period to 3 years for renovators taking refresher training without a hands-on 

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

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 Training without hands-on valid for 5 years $8.2 to $12.4

Option 2 Training without hands-on component valid for 5 

years. Hands-on training required every other 

recertification period.

$3.9 to $7.0
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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) Training without hands-on valid for 2 years. Handson training required every 2 cycles. $0.5 to $1.0

Option 4(b) Training without hands-on valid for 2 years. Handson 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) Training without hands-on valid for 3 years. Handson 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 preand 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.

464 IV. References

465 The following is a listing of the documents that are specifically referenced in this 

466 document. The docket includes these documents and other information considered by 

467 EPA, including documents that are referenced within the documents that are included in 

468 the docket, even if the referenced document is not physically located in the docket. For 

469 assistance in locating these other documents, please consult the technical person listed 

470 under FOR FURTHER INFORMATION CONTACT.

471 1. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register

472 (73 FR 21692, April 22, 2008) (FRL-8355-7).

473 2. Lead; Requirements for Lead-Based Paint Activities in Target Housing and 

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

475 (FRL-5389-9).

476 3. EPA. Economic Analysis for the Lead-Based Paint Program Minor 

477 Amendments Final Rule (Economic Analysis). October 2015.

478 4. EPA. Response to Public Comments; Lead-based Paint Programs; Amendment 

479 to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator 

480 Refresher Training Requirements Rulemaking. October 2015.

481 5. Lead; Fees for Accreditation of Training Programs and Certification of Lead-
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482 based Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 

483 1999) (FRL-6058-6). 

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

485 Final Rule. Federal Register (74 FR 34257, July 15, 2009) (FRL-8422-7).

486 7. Lead; Clearance and Clearance Testing Requirements for the Renovation, 

487 Repair, and Painting Program; Final Rule. Federal Register (76 FR 47918, August 5, 

488 2011) (FRL-8881-8).

489 8. EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 

490 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities and 

491 Renovation, Repair, and Painting. EPA ICR No. 2502.02 and OMB No. 2070-0192. 

492 October 2015.

493 V. Statutory and Executive Order Reviews

494 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563:

495 Improving Regulation and Regulatory Review

496 This action is a significant regulatory action that was submitted to the Office of 

497 Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 

498 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), and any changes 

499 made in response to OMB recommendations are documented in the docket.

500 EPA prepared an economic analysis of the potential cost savings associated with 

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

502 B. Paperwork Reduction Act (PRA)

503 The information collection requirements in this rule have been submitted to OMB 

504 for review and approval under the PRA, 44 U.S.C. 3501 et seq. The ICR document 

505 prepared by EPA has been assigned EPA ICR No. 2502.02 and the OMB Control No. 
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506 2070-0192 (Ref. 8). The ICR document provides a detailed presentation of the estimated 

507 burden and costs predicted as a result of this action. You can find a copy of the ICR in the 

508 docket for this rule, and it is briefly summarized here. The information collection 

509 requirements are not enforceable until OMB approves them.

510 Respondents/affected entities: The rule affects information collection activities by 

511 training providers that wish to offer online refresher training. 

512 Respondent’s obligation to respond: Although training providers have the option of 

513 choosing whether to offer such training, once an entity chooses to do so, the information 

514 collection activities contained in this rule become mandatory. 

515 Estimated number of respondents: 400.

516 Frequency of response: 1, on occasion.

517 Total estimated burden: 2,656 hours (per year). Burden is defined at 5 CFR 1320.3(b).

518 Total estimated burden cost: $113.942 (per year), includes $0 annualized capital or 

519 operation & maintenance costs.

520 Change in approved burden: The total burden in OMB’s inventory for the existing, 

521 approved ICR for the lead paint program is 3,312,524 hours (OMB Control No. 2070-

522 0155, EPA ICR No. 1715.13). With the addition of the 2,656 hours related to this rule 

523 amendments (which qualifies as a program change), the total annual burden for the lead 

524 paint program is estimated to be 3,315,180 hours.

525 An agency may not conduct or sponsor, and a person is not required to respond to, 

526 a collection of information unless it displays a currently valid OMB control number. The 

527 OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. 

528 When OMB approves this ICR, the Agency will announce that approval in the Federal 

529 Register and publish a technical amendment to 40 CFR part 9 to display the OMB 
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530 control number for the approved information collection activities contained in this final 

531 rule.

532 C. Regulatory Flexibility Act (RFA)

533 I certify that this action will not have a significant economic impact on a 

534 substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. In making this 

535 determination, the impact of concern is any significant adverse economic impact on small 

536 entities. An agency may certify that a rule will not have a significant economic impact on 

537 a substantial number of small entities if the rule relieves regulatory burden, has no net 

538 burden or otherwise has a positive economic effect on the small entities subject to the 

539 rule.

540 Eliminating multi-jurisdiction registration fees saves money for entities that wish 

541 to perform LBP activities in multiple jurisdictions. The rule also allows training providers 

542 (many of which are small businesses) additional flexibility in how they offer training. 

543 Online training is already allowed for the classroom component of both initial and 

544 refresher training, and training providers can choose whether or not to offer it. The 

545 amended rule still allows training providers to choose what type of training to offer 

546 because they can continue to offer refresher training with a hands-on component, begin 

547 offering online training without the hands-on component, or offer both types of training. 

548 Training providers that voluntarily choose to start offering online refresher training 

549 without a hands-on component would incur costs for some activities (e.g., applying for a 

550 new accreditation) but they would reduce other expenses (e.g., supplies for the hands-on 

551 training). See the Economic Analysis (Ref. 3) for additional information on the potential 

552 costs and savings of these activities. Because there is no requirement mandating that 

553 training providers offer an online refresher course, training providers will not choose to 
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554 offer online training unless the savings from doing so exceed the costs, or if they can 

555 recover their costs through tuition charges, increased volume of business, or other means. 

556 The rule requires training providers to include the expiration date of the renovator’s 

557 certification in the post-training notification, but the time required to do this is negligible. 

558 D. Unfunded Mandates Reform Act (UMRA)

559 This action does not contain an unfunded mandate of $100 million or more as 

560 described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect 

561 small governments. The rule amendments do not preempt regulations by states, 

562 territories, or tribal governments that have their own authorized lead programs, so those 

563 jurisdictions are not required to change their programs. 

564 E. Executive Order 13132: Federalism

565 This action does not have federalism implications as specified in Executive Order 

566 13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the 

567 states, on the relationship between the national government and the states, or on the 

568 distribution of power and responsibilities among the various levels of government.

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

570 Governments

571 This action does not have tribal implications as specified in Executive Order 

572 13175 (65 FR 67249, November 9, 2000). The rule amendments do not preempt 

573 regulations by tribal governments that have their own authorized lead programs, so those 

574 jurisdictions are not required to adopt these amendments. Tribal governments can serve 

575 as training providers, and those training providers that choose to offer online refresher 

576 renovator training would incur costs for some activities (such as applying for a new 

577 accreditation) but they would reduce other expenses (such as supplies for the hands-on 
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578 training). However, there is no requirement mandating that training providers offer an 

579 online refresher course. So training providers will not choose to offer online training 

580 unless the savings of doing so exceed the costs, or if they can recover their costs through 

581 tuition charges or other means. Thus, Executive Order 13175 does not apply to this 

582 action. 

583 G. Executive Order 13045: Protection of Children from Environmental Health Risks and 

584 Safety Risks

585 This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 

586 1997) because it is not an economically significant regulatory action as defined by 

587 Executive Order 12866, and because EPA interprets Executive Order 13045 as applying 

588 only to those regulatory actions that concern health or safety risks, such that the analysis 

589 required under section 5-501 of the Executive Order has the potential to influence the

590 regulation. This action does not establish an environmental standard intended to mitigate 

591 health or safety risks. Furthermore, the requirements in the lead program will continue to 

592 protect children, since renovators will still be required to take an 8 hour initial training 

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

594 the refresher training will have to include a hands-on component every other training 

595 cycle; refresher training without a hands-on component will only be valid for three years; 

596 and renovators will still have to comply with the work practice requirements for 

597 renovation, repair or painting activities that disturb lead-based paint. 

598 H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect 

599 Energy Supply, Distribution, or Use

600 This action is not a significant energy action as defined in Executive Order 13211 

601 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 
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602 on the supply, distribution, or use of energy. Further, this rule is not likely to have any 

603 adverse energy effects because it does not require any action related to the supply, 

604 distribution, or use of energy.

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

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

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

608 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority

609 Populations and Low-Income Populations

610 EPA has determined that this action will not have disproportionately high and 

611 adverse human health or environmental effects on minority or low-income populations as 

612 specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action does 

613 not directly affect the level of protection provided to human health or the environment. 

614 The rule removes multi-jurisdiction fees for the LBP Activities program, revises the 

615 hands-on requirement for refresher renovator training, and changes the notification 

616 requirements for training providers. However, renovators will still be required to take an 

617 8 hour initial training that includes a hands-on component; they will still have to take 

618 regular refresher training; the refresher training will have to include a hands-on 

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

620 will only be valid for three years; and renovators will still have to comply with the work 

621 practice requirements for renovation, repair or painting activities that disturb lead-based 

622 paint. 

623 K. Congressional Review Act (CRA)
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624 This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA will submit a 

625 rule report to each House of the Congress and to the Comptroller General of the United 

626 States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). 
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627 List of Subjects in 40 CFR Part 745

628 Environmental protection, Lead, Lead-based paint, Renovation.

629

630 Dated: ________________

631

632 ____________________________________

633 Gina McCarthy

634 Administrator.

635
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636 Therefore, 40 CFR chapter I is amended as follows:

637 PART 745--[AMENDED]

638 1. The authority citation for part 745 continues to read as follows:

639 Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

640 2. In § 745.90

641 a. revise paragraph (a)(2)

642 b. revise paragraph (a)(4)

643 The addition and revisions read as follows:

644 §745.90 Renovator certification and dust sampling technician certification.

645 (a) * * *

646 (2) Individuals who have successfully completed an accredited abatement worker or 

647 supervisor course, or individuals who successfully completed an EPA, HUD, or 

648 EPA/HUD model renovation training course before October 4, 2011 may take an 

649 accredited refresher renovator training course that includes hands-on training in lieu of 

650 the initial renovator training course to become a certified renovator.

651 * * * * *

652 (4) To maintain renovator certification or dust sampling technician certification, an 

653 individual must complete a renovator or dust sampling technician refresher course 

654 accredited by EPA under §745.225 or by a State or Tribal program that is authorized 

655 under subpart Q of this part within 5 years of the date the individual completed the initial 

656 course described in paragraph (a)(1) of this section. If the individual does not complete a 

657 refresher course within this time, the individual must re-take the initial course to become 

658 certified again. Individuals who complete a renovator course accredited by EPA or an 

659 EPA authorized program on or before March 31, 2010, must complete a renovator 
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660 refresher course accredited by EPA or an EPA authorized program on or before March 

661 31, 2016, to maintain renovator certification. Individuals who completed a renovator 

662 course accredited by EPA or an EPA authorized program between April 1, 2010 and 

663 March 31, 2011, will have one year added to their original 5-year certification.

664 Individuals who take a renovator refresher course that does not include hands-on training 

665 will be certified for 3 years from the date they complete the training. Individuals who 

666 take a refresher training course that includes hands-on training will be certified for 5 

667 years. Individuals who take the renovator refresher without hands-on training must, for 

668 their next refresher course, take a refresher course that includes hands-on training to 

669 maintain renovator certification. 

670 * * * * *

671 3. In § 745.225:

672 a. Add new paragraph (a)(4). 

673 b. Revise the introductory text of paragraphs (c), (d), and (e).

674 c. Add new paragraph (c)(8)(vii)

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

676 e. Revise paragraphs (c)(14)(i) and (e)(2) and (3). 

677 f. Add new paragraph (c)(14)(ii)(D)(7)

678 The addition and revisions read as follows:

679 § 745.225 Accreditation of training programs: target housing and child-occupied 

680 facilities. 

681 (a) * * *

682 (4) Accredited training programs, training program managers, and principal 

683 instructors must comply with all of the requirements of this section including approved 
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684 terms of the application and all of the requirements and limitations specified in any

685 accreditation documents issued to training programs.

686 * * * * *

687 (c) Requirements for the accreditation of training programs. A training program 

688 accredited by EPA to offer lead-based paint activities courses, renovator courses, or dust 

689 sampling technician courses must meet the following requirements:

690 * * * * *

691 (8) * * *

692 (viii) For renovator course completion certificates, the expiration date of 

693 certification.

694 * * * * *

695 (13) * * *

696 (i) The training manager must provide EPA with notification of all renovator, dust 

697 sampling technician, or lead-based paint activities courses offered except for any 

698 renovator course without hands-on training delivered via electronic learning. The original 

699 notification must be received by EPA at least 7 business days prior to the start date of any 

700 renovator, dust sampling technician, or lead-based paint activities course.

701 * * * * *

702 (14) * * *

703 (i) The training manager must provide EPA notification after the completion of 

704 any renovator, dust sampling, or lead-based paint activities course. This notification must 

705 be received by EPA no later than 10 business days following course completion. 

706 Notifications for any e-learning renovator refresher course that does not include hands-on 

training must be submitted via the Central Data Exchange no later than the 10th 707 day of the 
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708 month and include all students trained in the previous month.

709 (ii) * * *

710 (D) * * *

711 (7) For renovator refresher courses, the expiration date of certification.

712 * * * * *

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

714 EPA to offer lead-based paint courses in the specific disciplines listed in this paragraph 

715 (d) must ensure that its courses of study include, at a minimum, the following course 

716 topics.

717 * * * * *

718 (e) Requirements for the accreditation of refresher training programs. A training 

719 program may seek accreditation to offer refresher training courses in any of the following 

720 disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, 

721 renovator, and dust sampling technician. A training program accredited by EPA to offer 

722 refresher training must meet the following minimum requirements:

723 * * * * *

724 (2) Refresher courses for inspector, risk assessor, supervisor, and abatement 

725 worker must last a minimum of 8 training hours. Refresher courses for project designer, 

726 renovator, and dust sampling technician must last a minimum of 4 training hours. 

727 Refresher courses for all disciplines except renovator and project designer must include a 

728 hands-on component. Renovators must take a refresher course that includes hands-on 

729 training at least every other recertification. 

730 (3) Except for renovator and project designer courses, for all other courses 

731 offered, the training program shall conduct a hands-on assessment. With the exception of 
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732 project designer courses, the training program shall conduct a course test at the 

733 completion of the course. Renovators must take a refresher course that includes hands-on 

734 training at least every other recertification.

735 * * * * *

736 4. In § 745.238:

737 a. Remove paragraph (c)(3).

738 b. Redesignate paragraphs (c)(4) and (5) as (c)(3) and (4).

739 c. Revise the headings for paragraphs (d)(1) and (2).

740 d. Revise paragraph (e)(2).

741 The amendments read as follows:

742 § 745.238 Fees for accreditation and certification of lead-based paint activities.

743 * * * * *

744 (d) * * *

745 (1) Certification and re-certification * * *

746 (2) Accreditation and re-accreditation. * * *

747 * * * * *

748 (e) * * *

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

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

751 * * * * *