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### EO 12866/13563 Review Draft – As Submitted 1 Rin2070-AK02_EO12866_Lead_MinorAmendmen ts_NPRM_FRdocument_2014-08-19.docx 2 3 BILLING CODE 6560-50-P 4 ENVIRONMENTAL PRO TECTION AGENCY 5 40 CFR Part 745 6 [EPA-HQ-OPPT-2014-0304; FRL-XXXX-X] 7 RIN 2070-AK02 8 Lead-based Paint Programs; Amendment to Jurisdiction-Specific Certification and 9 Accreditation Requirements and RenovatorRefresher Training Requirements 10 AGENCY: Environmental Protection Agency (EPA). 11 ACTION: Proposed rule. 12 SUMMARY: EPA is proposing three minor revisions to the Lead Renovation, Repair, and 13 Painting (RRP) rule that published in the Federal Registeron April 22, 2008, and the Lead14 based Paint (LBP) Activities rule that published in the Federal Registeron August 29, 1996. 15 The proposed revisions are intended to improve the day-to-day function of these programs by 16 reducing burdens to industry a nd the EPA, and by clarifying language for training providers, 17 while retaining the protections provided by the original rules. First, EPA is proposing to 18 eliminate the requirement that the renovator re fresher training have a hands-on component. 19 Second, the Agency is proposing to remove juri sdiction-specific certification and accreditation 20 requirements under the Lead-based Paint Activiti es program. Currently, this program requires 21 that training providers, firms and individuals seek certification in each jurisdiction (e.g., a state) 22 where the organization or person wants to work. Third, EPA is adding clarifying language to the 23 requirements for training pr oviders under both the RRP and LBP Activities programs. 24 DATES: Comments must be recei ved on or before [ insert date 30 days after date of publication 25*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 2 of 28 in the Federal Register ]. 26 ADDRESSES: Submit your comments, identified by doc ket identification (ID) number EPA27 HQ-OPPT-2014-0304, by one of the following methods: 28

• Federal eRulemaking Portal : http://www.regulations.gov . Follow the online 29 instructions for submitting comments. Do not subm it electronically any information you consider 30 to be Confidential Business Information (CBI) or other information whose disclosure is restricted 31 by statute. 32

• Mail : Document Control Office (7407M), Offi ce of Pollution Prevention and Toxics 33 (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 34 20460-0001. 35

• Hand Delivery : To make special arrangements fo r hand delivery or delivery of boxed 36 information, please follow the instructions at http://www.epa.gov/dockets/contacts.html

. 37 Additional instructions on commen ting or visiting the docket, al ong with more information about 38 dockets generally, is available at http://www.epa.gov/dockets

. 39 FOR FURTHER INFORMATION CONTACT: For technical information contact : Marc 40 Edmonds, National Program Chemicals Division, Office of Pollution Prevention and Toxics 41 (7404T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 42 20460-0001; telephone number: 202-566-0758; email address: edmonds.marc@epa.gov

. 43 For general information contact : The TSCA-Hotline, ABVI-Goodwill, 422 South 44 Clinton Ave., Rochester, NY 14620; telephon e number: (202) 554-1404; email address: TSCA45 Hotline@epa.gov

. 46 SUPPLEMENTARY INFORMATION: 47 I. Executive Summary 48 A. Does this Action Apply to Me? 49*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 3 of 28 You may be potentially affected by this ac tion if you operate a tr aining program required 50 to be accredited under 40 CFR 745.225, if you are a fi rm or individual who must be certified to 51 conduct lead-based paint ac tivities in accordance with 40 CFR 745.226, or if you are an 52 individual who must be certif ied to conduct renovation activitie s in accordance with 40 CFR 53 745.90. This proposed rule applies only in States, territories, and tribal areas that do not have 54 authorized programs pursuant to 40 CFR 745.32 4. For further information regarding the 55 authorization status of States , territories, and Tribes, contac t the National Lead Information 56 Center at 1-800- 424-LEAD [5323]. 57 The following list of North American Industrial Classification Syst em (NAICS) codes is 58 not intended to be exhaustive, but rather provides a guide to help readers determine whether this 59 document applies to them. Potentially affected entities may include: 60

• Building construction (NAICS code 236), e.g., single-family housing construction, 61 multi-family housing constructi on, residential remodelers. 62

• Specialty trade contractors (NAICS c ode 238), e.g., plumbing, heating, and air63 conditioning contractors, painting and wall covering contractors, el ectrical contractors, finish 64 carpentry contractors, drywall and insulation contractors, siding contract ors, tile and terrazzo 65 contractors, glass a nd glazing contractors. 66

• Real estate (NAICS code 531), e.g., lessors of residential buildings and dwellings, 67 residential property managers. 68 • Child day care services (NAICS code 624410). 69 • Elementary and secondary schools (NAICS code 611110), e.g., elementary schools with 70 kindergarten classrooms. 71 • Other technical and trade schools ( NAICS code 611519), e.g., training providers. 72 • Engineering services (NAICS code 541330) and building inspection services (NAICS 73*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 4 of 28 code 541350), e.g., dust sampling technicians. 74 • Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 75 engaged in lead-based paint activities. 76 If you have any questions regarding the applicab ility of this action to a particular entity, 77 consult the technical person listed under FOR FURTHER INFORMATION CONTACT

. 78 B. What Is the Agency's Aut hority for Taking this Action? 79 This proposed rule is being issued under th e authority of sections 402(a) and 402(c)(3) of 80 the Toxic Substances Control Act (T SCA), 15 U.S.C. 2682(a) and 2682(c)(3). 81 C. What Action Is the Agency Taking? 82 EPA is proposing three minor revisions to the RRP rule that published in the Federal 83 Registeron April 22, 2008 (Ref. 1) and the Lead-based Paint Activities rule that published in the 84 Federal Registeron August 29, 1996 (Ref. 2). First, EPA is proposing to eliminate the 85 requirement that the renovator refresher tr aining have a hands-on component. Second, the 86 Agency is proposing to remove jurisdictions under the Lead-based Paint Activities program. 87 Currently, this program requires th at training providers, firms a nd individuals seek certification 88 in each jurisdiction (e.g., a state) where the organization or person wants to work. Third, EPA is 89 adding clarifying language to the requirements for training providers under both the RRP and 90 Lead-based Paint Activities programs. 91 D. Why Is the Agency Taking this Action? 92 The proposed revisions are intended to im prove the day-to-day function of these 93 programs by reducing burdens to industry and the EPA and by clarifying language for training 94 providers, while retaining the bene fits of the original rules. 95 E. What are the Estimated Incremental Impacts of this Action? 96 EPA has prepared an analysis of the potenti al costs and impacts associated with this 97*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 5 of 28 rulemaking. This analysis is summarized in great er detail in Unit V.A. The following is a brief 98 outline of the estimated incremental impacts of this proposal. 99

 Overall Costs. The annualized cost savings of th is proposed rule are estimated at 100 approximately $9.6 million per year using a 3% discount rate and $9.8 million per year using a 101 7% discount rate. 102

 Small Entity Impacts . The rule will not have a si gnificant impact on a substantial 103 number of small entities. This rule would relieve regulatory burden for affected small entities, 104 and would not have a direct negative impact on any small entities. 105

 Effects on State, Local, and Tribal Governments . This rule will not have a significant 106 intergovernmental mandate, significant or un ique effects on small governments, or have 107 Federalism implications. 108 F. What Should I Consider as I Prepare My Comments for EPA? 109 1. Submitting CBI . Do not submit this information to EPA through 110 http://www.regulations.gov or email. Clearly mark the part or all of the information that you 111 claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the 112 outside of the disk or CD-ROM as CBI and then identify electronically wi thin the disk or CD113 ROM the specific information that is claimed as CBI. In addition to one complete version of the 114 comment that includes information claimed as CBI , a copy of the comment that does not contain 115 the information claimed as CBI must be submitted for inclusion in the public docket. 116 Information so marked will not be disclosed except in accordance with procedures set forth in 40 117 CFR part 2. 118 2. Tips for preparing your comments . When submitting comments, remember to: 119 i. Identify the document by docket ID number and other identifying information (subject 120 heading, Federal Registerdate and page number). 121*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 6 of 28 ii. Follow directions. The Agency may ask you to respond to specific questions or 122 organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 123 iii. Explain why you agree or disagree; suggest alternatives and substitute language for 124 your requested changes. 125 iv. Describe any assumptions and provide a ny technical information and/or data that you 126 used. 127 v. If you estimate potential costs or burdens, explain how you arrived at your estimate in 128 sufficient detail to allow for it to be reproduced. 129 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 130 vii. Explain your views as cl early as possible, avoiding the use of profanity or personal 131 threats. 132 viii. Make sure to submit your comments by the comment period deadline identified. 133 II. Background 134 In 1992, Congress found that low-level leadpoisoning was widespread among American 135 children, affecting, at that time, as many as 3,000 ,000 children under age 6; th at the ingestion of 136 household dust containing lead from deterioratin g or abraded lead-based paint was the most 137 common cause of lead poisoning in children; and that the health and development of children 138 living in as many as 3,800,000 American homes was endangered by chipping or peeling lead 139 paint, or excessive amounts of lead-contamin ated dust in their homes. Congress further 140 determined that the prior federal response to this threat was insufficient and enacted Title X of 141 the Housing and Community Development Act of 1992 (also known as the Residential Lead142 Based Paint Hazard Reduction Act of 1992 or Titl e X) (Ref. 3). Title X established a national 143 goal of eliminating lead-based paint hazards in housing as expeditiously as possible and provided 144 a leadership role for the federal government in building the infrastructure necessary to achieve 145*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 7 of 28 this goal. 146 Title X amended TSCA to add a new subc hapter entitled “Title IV–Lead Exposure 147 Reduction.” Most of EPA’s responsibilities for a ddressing lead-based paint hazards can be found 148 in this title, with TSCA section 402 being one source of the ru lemaking authority to carry out 149 these responsibilities. TSCA sec tion 402(a) directs EPA to promul gate regulations covering lead150 based paint activities to ensure persons performing these activities are properly trained, that 151 training programs are accredited, and that contractors performing these activities are certified. 152 These regulations must contain standards for perfo rming lead-based paint activities, taking into 153 account reliability, effectiveness, and safe ty. On August 29, 1996, EPA promulgated final 154 regulations under TSCA section 402 (a) that govern lead-based paint inspections, lead hazard 155 screens, risk assessments, and abatements in target housing and child-occu pied facilities (also 156 referred to as the Lead-based Paint Activities regu lations) (Ref. 2). These re gulations, codified at 157 40 CFR part 745, subpart L, contained an accred itation program for training providers and 158 training, and certification and work practice requir ements for lead-based paint inspectors, risk 159 assessors, project designers, abatement supervisor s, and abatement workers. Pursuant to TSCA 160 section 404, provisions were made fo r interested States, territories , and Tribes to apply for and 161 receive authorization to administer their own Lead-based Paint Activities programs. 162 Requirements applicable to State, territorial, and trib al programs are codified in 40 CFR part 163 745, subpart Q. 164 TSCA section 402(c) pertains to renova tion and remodeling activities. TSCA section 165 402(c)(3) requires EPA to revise the regulations issued under TSCAsection 402(a) to apply to 166 renovation or remodeling activitie s that create lead-based pain t hazards. On April 22, 2008, EPA 167 issued a final regulation applying a revised version of the Lead-bas ed Paint Activities regulations 168 to renovation, repair, and painting activities in target housing and child-occupi ed facilities (Ref. 169*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 8 of 28 1). Pursuant to the RRP rule, persons performing covered renovation activities must be properly 170 trained, renovators and renovation firms must becertified, and training providers must be 171 accredited (Ref. 1). The requirements of the RRP rulebecame effective in st ages with the entire 172 rule becoming effectiv e as of April 22, 2010. 173 III. Proposed Revisions 174 A. Hands-on Training 175 To become certified as a renovator, a person must successfully complete a renovator 176 course accredited by EPA or by a State, territorial, or tribal program author ized by EPA. To gain 177 initial certification, renovators must complete an 8-hour training course. Until October 4, 2011, 178 renovators that successfully completed an EPA, HUD, or EPA/HUD mo del renovation training 179 course were able to take the 4-hour refresher renovator training in lieu of the 8-hour initial 180 course. Both of these courses require hands- on training. Trainings are taught either in a 181 classroom or via electronic le arning (e-learning). In an e-learning course, students take the 182 lecture portion of the course over th e Internet and then travel to a training facility to perform the 183 hands-on activities and take the exam. To main tain certification, renovators must complete a 184 renovator refresher course within five years of the date the individual co mpleted their previous 185 renovator training. Renovators who received thei r initial certification before April 22, 2010, 186 however, have until July 1, 2015 to take the refres her training to maintaincertification. If the 187 renovator does not complete the c ourse within the required timefram e, the individual must retake 188 the initial 8-hour course to become certified again. 189 The 8-hour initial training includes hands-on trai ning in testing for lead in paint, methods 190 for minimizing the creation of dust and lead-based paint haza rds, interior and exterior 191 containment and cleanup methods , and cleaning verification. Activ ities covered in clude the use 192 of EPA-recognized test kits, se tting up barriers, covering furn iture, ducts, and carpeted floors 193*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 9 of 28 with plastic, mopping floors, bagging waste, an d determining that the work area has been 194 adequately cleaned. Each student performs thes e activities in front of an instructor who 195 determines if the student is proficient in each one . Students must be deemed proficient in order to 196 pass the class and become certified. The current version of the renovator refresher course 197 includes hands-on training in testing paint for lead and cleaning verification. 198 At the time the RPP Rule became effective it was important to have hands-on training in 199 the refresher course because certain renovators were eligible to take only the refresher course to 200 receive their initial certification (i.e., renovators who completed a prerequisite training). After 201 October 4, 2011, however, renovators could no longer take the refres her course to gain initial 202 certification even if they were prev iously eligible to take the refres her course in lieu of the initial 203 course. From that date forward, all renovators taking the refresher course will already have 204 received hands-on training as part of their in itial renovator certificati on (i.e., an initial or 205 refresher course). Now that renovators will take the refresher course only after being initially 206 certified in a way that includes hands-on trai ning, EPA believes it is less important for the 207 refresher course to include hands-on traini ng. In addition, renovato rs that are seeking 208 recertification have been practicing the hands- on skills on renovation jobs during their 5-year 209 certification. Furthermore, due to the less tec hnical nature of work practices taught in the 210 renovator course versus those taught in the abat ement course, EPA believes performing hands-on 211 activities once is sufficient to teach renovators the skills they need to perform renovations 212 following the RRP rule work practices. 213 In addition, by eliminating this requirement, renovators seeking rece rtification will be 214 able to take the course entirely online without having to travel to a training location to perform 215 the hands-on activities. This change will make it easier for renovators to take the refresher 216 training, especially renovators who live far from a training facility. Re novators will save time 217*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 10 of 28 and travel costs by taking the course from a single location, possibly th eir own home. If taking 218 the training is made easier, EPA believes that mo re renovators will take the refresher training and 219 become recertified. Having more renovators take the refresher training wi ll lead to a higher 220 number of certified renovators, resulting in a workforce better able to perform renovations in a 221 lead-safe manner. For these reasons, EPA believe s it is appropriate to eliminate the hands-on 222 training in the renovator refres her course. The Agency request s comment on eliminating the 223 requirement to include hands-on training in the renovator refresher course. 224 The Agency does not intend to eliminate the hands-on activities in the refresher courses 225 for the other lead-based paint program disciplines: risk assessor, inspector, supervisor, abatement 226 worker and dust sampling technician. The work performed by these disc iplines involves highly 227 specialized skills which individuals must l earn in training courses accredited by EPA or 228 authorized States, territories, and Tribes. For ex ample, a significant po rtion of an abatement 229 worker’s training is focused on abatement technique s and selection of the appropriate course of 230 action for a variety of hazards. Renovators, on the other hand, do not seek to permanently 231 eliminate lead hazards; instead they perform maintenance and im provement tasks as directed by 232 the consumer. Thus, the goal of EPA’s renovator training and certificati on program is not to 233 update the methodology a renovator us es to accomplish these tasks (i.e., how to be painters, 234 plumbers, or carpenters), but rath er to ensure that persons wh o already know how to perform 235 renovations perform their typical work in a lead-s afe manner. Because of the technical nature of 236 the work performed by risk assessors, inspecto rs, supervisors, abatement workers and dust 237 sampling technicians, the Agency believes that it is important for their refresher training courses 238 to include hands-on learning. 239 Currently, training providers are required to submit both a pre-trai ning and post-training 240 notification for each course that they teach. The notification requirements help EPA monitor 241*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 11 of 28 compliance with the training and certification provisions of the RRP and Lead-based Paint 242 Activities programs. Training providers that te ach online courses must submit pre- and post243 training notifications for each hands-on training session they teach. If the Agency eliminates the 244 hands-on requirement for the refresher training then there will be no classroom session for which 245 to notify EPA. Because the training provider will s till need to send the names of the students to 246 EPA, the notification requirements will need to be changed. The Agency requests comment on 247 how it should modify the notification requireme nts to accommodate a training taught entirely 248 online. 249 The Agency is considering a further modi fication to the notification requirements 250 regarding online notifications. For years, training providers have had the option of submitting 251 notifications electroni cally via EPA’s Central Data Exch ange (CDX). The CDX system is 252 designed to streamline the notification process for training providers an d EPA alike, and to 253 perform basic validations of el ectronic submissions that reduce common errors in notifications 254 otherwise submitted on paper. Depending on how the notification requirements are modified, 255 training providers may find it more efficient and less burdensome to submit notifications to EPA 256 electronically if the hands-on refresher training re quirement was eliminated. Such a change could 257 result in an increased rate of electronic reporting of training notif ications to EPA. To reduce the 258 burden on the Agency and save taxpayer dollars , EPA will consider requiring training providers 259 that teach the online refresher renovator course to submit their notifications for that course 260 online. The Agency requests comment on whether it should require training providers to submit 261 notifications online for the online refresher course. 262 B. Jurisdictions 263 On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee schedule for 264 training programs seeking EPA accreditation an d for individuals and firms seeking EPA 265*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 12 of 28 certification (Ref. 4). These fees were establishe d as directed by TSCA section 402(a)(3), which 266 requires EPA to recover the cost of administerin g and enforcing the lead-based paint activities 267 requirements in States without authorizedprograms. The fee schedule created a multi268 jurisdiction registration fee which applies to individuals, firms and training programs that 269 provide training or perform lead-based paint activities in more than one State administered by the 270 EPA program. This fee is applied per discipline for each additional EPA-administered State in 271 which the applicant seeks certifi cation/recertificati on or accreditation/reaccreditation. An EPA272 administered jurisdiction is either an individual State without an authorized program or all Tribes 273 without authorized programs in a given EPA Region. 274 The multi-state jurisdiction fee of $35 was based on the estimated burdens required for 275 Agency clerical, technical, and managerial st aff to perform tasks associated with adding 276 jurisdictions to a certification or accreditation. Tasks incl ude entering the information into a 277 database, approving or disapprovi ng the application and generating and mailing a certificate to 278 the applicant. After years of im plementing the Lead-based Paint Activities program, the Agency 279 believes that separate certific ations for each EPA-administered State jurisdiction are not 280 necessary. In particular, EPA does notbelieve it is necessary for the Agency to certify or accredit 281 the same applicant multiple times; certificati on in one EPA-administered State jurisdiction 282 should be sufficient to perform work in any other EPA-administered St ates. For instance, EPA 283 did not include separate certifications for each EPA-administered State in the RRP rule and 284 found that it did not adversely impact the progr am. In addition, only requiring one certification 285 for all EPA-administered State jurisdictions help s to streamline the certif ication and accreditation 286 process. Accordingly, the Agency is proposing to eliminate the requirement for separate 287 certifications in each EPA-administered State jurisdiction in the Lead-based Paint Activities 288 program. If jurisdictions are eliminated, regulat ed entities will no longer have to send an 289*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 13 of 28 application and fees to EPA for the purpose of adding additional EP A-administered State 290 jurisdictions to their certification or accred itation. Once a regulated entity applies and is 291 approved in the Lead-based Paint Activities prog ram, they will be able to work in any EPA292 administered State. EPA requests comment on whether it should eliminate this requirement from 293 the Lead-based Paint Activities regulations. 294 Eliminating the fee for adding an EPA-administ ered State jurisdiction will not cause the 295 other fees under the Lead-based Paint Activities re gulations to increase. As stated earlier, TSCA 296 requires EPA to recover the cost of administerin g and enforcing the lead-based paint activities 297 requirements. Eliminating the requirement to apply for additional jurisdictions also eliminates 298 the Agency’s costs for processing those applications and its need to recover the fee. Thus, 299 eliminating the $35 fee will not require the Agency to adjust the other fees it collects under the 300 Lead-based Paint Activi ties regulations. 301 C. Clarification Regarding Training Provider Application Requirements 302 EPA is clarifying the application regulati ons for accredited training providers under the 303 RRP rule (Ref. 1) and Lead-based Paint Activiti es regulations (Ref. 2) . It was brought to the 304 Agency’s attention that the regulations did not specifically state what constituted a violation of 305 the regulations at 40 CFR 745.225. For example, so me other regulatory provisions, such as 40 306 CFR 745.87, specifically list various activities that are consid ered a violation of TSCA. 307 Accordingly, the Agency is proposing to a dd clarifying language e xplaining that training 308 providers must follow the requirements in that section. EPA believes that accredited training 309 providers already understand this, but EPA is propos ing to add the clarifyi ng language to ensure 310 understanding of the requirements – similar to wh at has been done in other regulations. This 311 clarifying language does not change any require ments for accredited training providers. The 312 Agency requests comment on adding this cl arification to the re gulations at 40 CFR 313*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 14 of 28 745.225(a)(4), (c), (d) and (e). 314 D. Correction to Training Notification Requirements 315 The regulatory text of the final RRP rulein 2008 (Ref. 1) inad vertently omitted a 316 requirement for accredited providers of renovation training to provide notification to EPA after 317 each training course the provider delivers. The provision was designed to supply important 318 information regarding certifie d renovators for EPA’s compliance monitoring efforts. In 2009, 319 EPA issued a rule (Ref. 7) to correct th is omission by amending 40 CFR 745.225(c)(14) to 320 require post-course notifications from accredited providers of renovator or dust sampling 321 technician training. The 2009 rule also included conforming changes to 40 CFR 322 745.225(c)(14)(iii) to include the correct name of the sample pos t-course notification form and to 323 make it clear that all methods of post-course no tification are available to both renovation training 324 providers and lead-based pain t activities training providers. As amended, 40 CFR 745.225(c)(14) 325 required renovation training provi ders to notify EPA no later than 10 business days following 326 course completion. Although EPA identified this requirement in its cost estimates in 2008, the 327 regulatory provision was subseque ntly overwritten by another rulemaking. Specifically, in a 328 2011 rule (Ref. 8), the regulatory language inadve rtently removed the regulatory text that was 329 added to 40 CFR 745.225(c)(14)(i) by the 2009 rule. In this proposed rule, EPA is proposing to 330 add the same language back to 40 CFR 745.225(c)( 14)(i) that was included in the 2009 rule. 331 EPA requests comment on adding this language back to the notification requirements. Since EPA 332 has continued to account for the costs and paperw ork burden associated w ith this notification 333 provision, this proposed correction does not increase the estimat ed costs and burdens for the 334 RRP program. 335 E. Effective Date 336 337 EPA is proposing to find under the Admini strative Procedure Act (APA), 5 U.S.C. 338*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 15 of 28 553(d)(3), that good cause exists to dispense with the 30-day delay in the effective date of the 339 final rule that EPA intends to promulgate based u pon this proposed rule. As stated earlier in this 340 preamble, removing the hands-on requirement will make it easier for renovators to take the 341 refresher training, especially re novators who live far from a training facility. If taking the 342 training is made easier, EPA belie ves that removing the hands-on re quirement will lead to more 343 renovators taking the training and becoming recertified. Consequently, delaying the effective 344 date may result in fewer renovators taking the training and becoming recertified. For this reason, 345 the Agency believes it is in th e public interest to remove the requirement as soon as possible. 346 EPA also believes that such action would relieve a restriction in accordance with 5 U.S.C. 347 553(d)(1). EPA therefore proposes to issue a fina l rule making this chan ge to be effective 348 immediately upon publication in the Federal Register

. 349 IV. References 350 The following is a listing of the documents that are specifically referenced in this 351 document. The docket includes these documents and other information considered by EPA, 352 including documents that are referenced within the documents that are included in the docket, 353 even if the referenced document is not physically located in the docket. Fo r assistance in locating 354 these other documents, please consu lt the technical person listed under FOR FURTHER 355 INFORMATION CONTACT

. 356 1. Lead; Renovation, Repair, and Painting Progr am; Final Rule. Federal Register (73 FR 357 21692, April 22, 2008) (FRL-8355-7). 358 2. Lead; Requirements for Lead-Based Paint Activities in TargetHousing and Child359 Occupied Facilities; Final Rule. Federal Re gister (61 FR 45778, August 29, 1996) (FRL-5389-9). 360 3. Housing and Community Development Act of 1992, Public Law 102-550 (October 28, 361 1992). 362*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 16 of 28 4. Lead; Fees for Accreditation of Training Programs and Certification of Lead-based 363 Paint Activities Contractors; Final Rule. Fe deral Register (64 FR 31091, June 9, 1999) (FRL364 6058-6). 365 5. EPA. Economic Analysis for the Lead -Based Paint Program Minor Amendments 366 Proposed Rule (Economic Analysis). (April 2014). 367 6. EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 Training, 368 Certification, Accreditation and Standards fo r Lead-Based Paint Activities and Renovation, 369 Repair, and Painting. EPA ICR No. 2502.01 and OMB No. 2070-[NEW]. (April 2014). 370 7. Lead; Minor Amendments to the Renovation, Repair, and Painting Program; Final 371 Rule. Federal Register (74 FR 34257, July 15, 2009) (FRL-8422-7). 372 8. Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 373 Painting Program; Federal Register (76 FR 47918, August 5, 2011)(FRL-8881-8). 374 V. Statutory and Executive Order Reviews 375 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 376 Improving Regulation and Regulatory Review 377 This proposed rule has been designated by the Office of Management and Budget (OMB) 378 as a “significant regulatory action” under se ction 3(f) of Executive Order 12866 (58 FR 51735, 379 October 4, 1993). Accordingly, EPA submitted this action to OMB for review under Executive 380 Order 12866 and 13563 (76 FR 3821, January 21, 2011) , and any changes made in response to 381 OMB recommendations are documented in the docket. 382 EPA has prepared an analysis of the poten tial cost savings associated with this 383 rulemaking. This analysis is contained in the Economic Analysis for the Lead-based Paint 384 Program Minor Amendments Proposed Rule (R ef. 5) and is briefly summarized here. 385*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 17 of 28 In a typical year, individuals, firms, and tr aining providers apply to perform lead-based 386 paint activities or provide trai ning in a total of 431 additional EPA-administered jurisdictions. 387 Removing the $35 multi-jurisdiction fee will resu lt in total estimated cost savings of 388 approximately $15,000 per year to these entities. 389 Removing the hands-on training requirement fo r renovator refresher training is estimated 390 to reduce the tuition by an av erage of $37. Removing the hands-on requirement also makes 391 online renovator refresher training more attrac tive to training provide rs and renovators. If 392 renovators become recertified by taking an e-learning refresher course they are estimated to save 393 an additional $165 by avoiding the time and associated expenses needed to travel to a training 394 site. Renovator training and certific ation (which is valid for fiveyears) became mandatory in 395 2010, and a large number of renovators were trained that year. As many as 168,000 of these 396 renovators are predicted to seek refresher tr aining in 2015. Over time, the annual number is 397 predicted to equilibrate such that up to 48,000 renovators may seek refresher training in later 398 years. Nearly all of these renovators are assumed to choose online refresher training if the option 399 is available. Therefore, removing the hands-on requirement for renovator refresher training is 400 estimated to reduce costs by over $9 million per year. 401 The rule includes a correction to the traini ng notification requirements to add back 402 regulatory text on post-training notifications that was inadvertently overwritten in a 2011 403 rulemaking (although most training providers are continuing to provide post-training 404 notifications to EPA in a timely manner). EPA ha s already accounted for the burden and cost of 405 requiring accredited providers of renovation training to provide notification to EPA after each 406 training course the provider delivers. For example, the currently approved 407 Information Collection Request for the TSCAsections 402 and 404 Training, Certification, 408 Accreditation and Standards for Lead-BasedPaint Activities and Renovation, Repair, and 409*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 18 of 28 Painting (EPA ICR No. 1715.13, OMB Control No. 2070-0155) estimates that 600 renovation 410 training providers will submit an average of 14 post- training notifications per year. This yields a 411 total of 8,400 post-training notifications per year at an average burden of 1.6 hours per response, 412 resulting in a total burden for this activity of 13,440 hours at a cost of $339,578. In order to 413 avoid double-counting, EPA’s Economi c Analysis and Information Collection Request for this 414 action do not include the burden and cost of reinstating the post-training notification 415 requirements. 416 The clarifying language being added to the ru le explaining that tr aining providers must 417 follow the regulations does not affect the cost of compliance because it does not change any 418 requirements for accreditedtraining providers. 419 Removing the multi-jurisdiction fee and the re quirement for hands on refresher renovator 420 training is estimated to result in cost savings of up to $9.6 million per year using a 3% discount 421 rate and $9.8 million per year using a 7% discount rate. 422 B. Paperwork Reduction Act (PRA) 423 The information collection requirements in this proposed rule have been submitted to 424 OMB for review and approval under the PRA, 44 U.S.C. 3501 et seq . The ICR document 425 prepared by EPA has been assigned EPA ICR No. 2502.01 and the OMB Control No. 2070- 426 [NEW] (Ref. 6). The ICR document provides a detailed presentation of the estimated burden and 427 costs predicted as a result of the proposed rule. Burden is defined at 5 CFR 1320.3(b). 428 There are 275 training providers accredite d to offer renovator refresher training 429 programs. All these training providers are assume d to apply to EPA to become accredited to 430 offer e-learning refresher traini ng once the requirement for hands- on renovator refresher training 431 is removed. The applications must address issu es such as how the trainer will ensure that 432 students successfully complete the e-learning modules and the e-learni ng final assessment. 433*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 19 of 28 Training providers are most likely to add an al ready reviewed and accepted e-learning course 434 from another training provider to their training curriculum. In that case, their burden to become 435 familiar with the new rule and to submit an application is estimated to average 13.8 hours per 436 response, at a cost of $687. For the 275 training pr oviders this results ina total burden of 3,795 437 hours at a tota l cost $188,861. 438 An agency may not conduct or sponsor, and a person is not required to respond to an 439 information collection request unl ess it displays a currently vali d OMB control number, or is 440 otherwise required to submit the specific inform ation by a statute. The OMB control numbers for 441 EPA’s regulations codified in Title 40 of the C ode of Federal Regulations, after appearing in the 442 preamble of the final rule, are further displayed either by publication in the Federal Registeror 443 by other appropriate means, such as on the relate d collection instrument or form, if applicable. 444 The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR 9.1. 445 Submit any comments on the Agency’s need fo r this information, the accuracy of the 446 provided burden estimates, and any suggestedmethods for minimizing respondent burden to 447 both EPA and OMB. For EPA, follow the instructions in the ADDRESSES section at the 448 beginning of this document. For OMB, referenc e “OMB Desk Officer for EPA” and email your 449 comments to oira_submission@omb.eop.gov. Sin ce OMB is required to make a decision 450 concerning the ICR between 30 and 60 days after [Insert date of publication in the Federal 451 Register ], a comment to OMB is best assured of having its full effect if OMB receives it by 452 [Insert date 30 days af ter publication in the Federal Register ]. The final rule will address any 453 OMB or public comments received on the informa tion collection requiremen ts contained in this 454 proposal. 455 C. Regulatory Flexibility Act (RFA) 456*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 20 of 28 The RFA, 5 U.S.C. 601 et seq. , generally requires an agen cy to prepare a regulatory 457 flexibility analysis of any rule subject to notice and comment rulemaking requirements under the 458 APA, 5 U.S.C. 551-553, or any other statute unless the agency certifies that the rule will not have 459 a significant economic impact on a substantial number of small entities. 460 Small entities include small businesses, small organizations, and small governmental 461 jurisdictions. For purposes of assessing the impact s of this proposed rule on small entities, small 462 entity is defined as: 463 (1) A small business as defined by the Small Business Administration’s (SBA) 464 regulations at 13 CFR 121.201. The SBA’s definitions typically are based upon either a sales or 465 an employment level, depending on the nature of the industry. 466 (2) A small governmental jurisdiction that is a government of a c ity, county, town, school 467 district or special district w ith a population of less than 50,000. 468 (3) A small organization that is any not-fo r-profit enterprise which is independently 469 owned and operated and is not dominant in its field. 470 After considering the economic impacts of this proposed ruleon small entities, I certify 471 that this action will not have a significant economic impact on a substantial number of small 472 entities. In determining whether a rule has a si gnificant economic impact on a substantial number 473 of small entities, the impact of concern is any significant adverse economic impact on small 474 entities, since the primary purpose of the regulatory flexibility analys es is to identify and address 475 regulatory alternatives “which minimize any signi ficant economic impact of the rule on small 476 entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a 477 significant economic impact on a substantial numb er of small entities if the rule relieves 478 regulatory burden, or otherwise has a positive econo mic effect on all of the small entities subject 479 to the rule. 480*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 21 of 28 The proposed rule would eliminate multi-jurisdi ction registration fees for the Lead-based 481 Paint Activities program, and eliminate the hands-on training requirement from the lead 482 renovation refresher training course. This results in cost savings for entities that no longer would 483 pay the multi-jurisdiction registration fees and for renovators that would have a less expensive 484 refresher training option available to them. T hose training providers that choose to offer e485 learning refresher renovator training would incur a cost to apply for accreditation of their e486 learning courses. However, it is expected thatonly training providers th at anticipate recovering 487 accreditation costs through tuition charges would opt to apply for the additional accreditation 488 because there is no requirement mandating these firms to offer an e-le arning refresher training 489 option under the proposed rule. Therefore, there would be no direct negative cost impacts on 490 small entities as a result of the proposed rule. We have ther efore concluded that this proposed 491 rule will relieve regulatory burden for all affected small entities. 492 D. Unfunded Mandates Reform Act (UMRA) 493 This action does not contain any Federal mandates under the provisions of Title II of 494 UMRA, 2 U.S.C. 1531-1538, for State, local, or tribal governments or the private sector. The 495 action imposes no enforceable duty on any State, lo cal or tribal governments or the private sector. 496 Therefore, this action is not subject to the requ irements of UMRA sectio ns 202 or 205. This action 497 is also not subject to the requirements of UM RA section 203 because it contains no regulatory 498 requirements that might signifi cantly or uniquely a ffect small governments. Those training 499 providers (both those in the privat e sector as well as local or tr ibal governments) that choose to 500 offer e-learning refresher renovator training would incur a cost to ap ply for accreditation of their e501 learning courses. However, it is expected thatonly training providers th at anticipate recovering 502 accreditation costs through tuition charges would opt to apply for the additional accreditation 503*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 22 of 28 because there is no requirement mandating these firms to offer an e-le arning refresher training 504 option under the proposed rule. 505 E. Executive Order 13132: Federalism 506 This action does not have federalism impli cations as specified in Executive Order 13132 507 (64 FR 43255, August 10, 1999). It will not have subs tantial direct effects on the States, on the 508 relationship between the national government and the States, or on the distribution of power and 509 responsibilities among the various levels of government. Local governments can serve as 510 training providers, and those tr aining providers that choose to offer e-learning refresher 511 renovator training would incur a cost to apply for accreditation of their e-learning courses. 512 However, it is expected that onl y training providers that anticipate recovering accreditation costs 513 through tuition charges would opt to apply for the additional accreditation because there is no 514 requirement mandating these firms to offer an e-learning refresher trai ning option under the 515 proposed rule. Thus, Executive Order 13132 does notapply to this action. EPA specifically 516 solicits comment on this proposed acti on from State and local officials. 517 F. Executive Order 13175: Consultation and Coor dination with Indian Tribal Governments 518 This action does not have tribal implicati ons as specified in Executive Order 13175 (65 519 FR 67249, November 9, 2000). Tribal governments canserve as training providers, and those 520 training providers that choose to offer e-learning refresher renovator training would incur a cost 521 to apply for accreditation of their e-learning courses. However, it is expected that only training 522 providers that anticipate rec overing accreditation cost s through tuition ch arges would opt to 523 apply for the additional accreditation because there is no requirement mandating these firms to 524 offer an e-learning refresher training option under the proposedrule. Thus, Executive Order 525 13175 does not apply to this ac tion. EPA specifically solicits additional comment on this 526 proposed action from tribal officials. 527*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 23 of 28 G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 528 Risks 529 This action is not subject to Execu tive Order 13045 (62 FR 19885, April 23, 1997) 530 because it is not an economically significant re gulatory action as defined by Executive Order 531 12866, and because EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), as 532 applying only to those regulatory actions that concern health or safety risks, such that the 533 analysis required under section 5-501 of the Executive Order has the potential to influence the 534 regulation. This action is not subject to Executi ve Order 13045, because it would not establish an 535 environmental standard intended to mitigate health or safety risks. 536 H. Executive Order 13211: Actions Concerning Regul ations That Significantly Affect Energy 537 Supply, Distribution, or Use 538 This proposed rule is not a “significant energy action” as defined in Executive Order 539 13211 (66 FR 28355, May 22, 2001), because it is not likel y to have a significant adverse effect 540 on the supply, distribution, or use of energy. Further, this rule is not likelyto have any adverse 541 energy effects because it does not require any action related to the supply, distribution, or use of 542
energy. 543 I. National Technology Transfe r and Advancement Act (NTTAA) 544 Section 12(d) of NTTAA, 15 U.S.C. 272 note, directs EPA to use voluntary consensus 545 standards in its regulatory activities unless to do so would be inconsistent with applicable law or 546 otherwise impractical. Voluntary consensus standards are technical st andards (e.g., materials 547 specifications, test methods, sampling procedures , and business practices) that are developed or 548 adopted by voluntary consensus standards bodies . NTTAA directs EPA to provide Congress, 549 through OMB, explanations when the Agency de cides not to use avai lable and applicable 550 voluntary consensus standards. 551*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 24 of 28 This proposed rule does not involve tec hnical standards. Therefore, EPA is not 552 considering the use of any voluntary consensu s standards. EPA welcomes comments on this 553 aspect of the proposed rule and specifically in vites the public to iden tify additional potentially554 applicable voluntary consensus standards and to explain why such standards should be used in 555 this regulation. 556 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 557 Populations and Low-Income Populations 558 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive 559 policy on environmental justice. It s main provision directs federal ag encies, to the greatest extent 560 practicable and permitted by law, to make environmental justice part of their mission by 561 identifying and addressing, as appropriate, disp roportionately high and adverse human health or 562 environmental effects of their programs, policie s, and activities on minority populations and low563 income populations in the United States. 564 EPA has determined that this proposed rule will not have disproportionately high and 565 adverse human health or environmental effects on minority or low-income populations because it 566 does not directly affect the leve l of protection provided to human health or the environment. The 567 proposed rule would remove multi-jurisdiction fees for the Lead-based Paint Activities program 568 and remove the hands-on requirement for refres her renovator training. However, it would not 569 change the work practice require ments for lead-based paint activ ities or renovation, repair or 570 painting activities disturbing lead-based paint. 571*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 25 of 28 List of Subjects in 40 CFR Part 745 572 Environmental protection, Lea d, Lead-based paint, Renovation. 573 Dated: ____________________ 574 575

__________________________________________ 576 Administrator 577*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 26 of 28 Therefore, it is proposed that 40 CFR chapter I be amended as follows: 578 PART 745--[AMENDED] 579 1. The authority citation for part 745 continues to read as follows: 580 Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d. 581 2. In § 745.225: 582 a. Add new paragraph (a)(4). 583 b. Revise paragraphs (c), (c)(14)(i), (d), (e), (e)(2) and (e)(3). 584 The amendments read as follows: 585 § 745.225 Accreditation of training programs: targethousing and child-occupied facilities. 586 (a) * * * 587 (4) Accredited training programs, training pr ogram managers, and principal instructors 588 must comply with all of the requirements of this section including approved terms of the 589 application and all of the requirements and limitations specified in any accreditation documents 590 issued to training programs. 591
* * * * * 592 (c) Requirements for the accreditation of training programs. A training program 593 accredited by EPA to offer lead-based paint ac tivities courses, renovator courses, or dust 594 sampling technician courses must meet the following requirements: 595 (1) * * * 596 (14) * * * 597 (i) The training manager must provide EPA notification after the completion of any 598 renovator, dust sampling, or lead-based paint activ ities course. This notice must be received by 599 EPA no later than 10 business days following course completion. 600
* * * * * 601*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 27 of 28 (d) Minimum training curriculum requirements. A training program accredited by EPA to 602 offer lead-based paint courses in the specific discip lines listed in this paragraph must ensure that 603 their courses of study include, at a mi nimum, the following course topics. 604
* * * * * 605 (e) Requirements for the accreditati on of refresher training programs. A training 606 program may seek accreditation to offer refresher training co urses in any of the following 607 disciplines: Inspector, risk assessor, supervisor , project designer, abatement worker, renovator, 608 and dust sampling technician. A training program accredited by EPA to offer refresher training 609 must meet the following minimum requirements: 610 (1) * * * 611 (2) Refresher courses for inspector, risk asse ssor, supervisor, and abatement worker must 612 last a minimum of 8 training hour s. Refresher courses for projectdesigner, renovator, and dust 613 sampling technician must last a minimum of 4 training hours. Refresher courses for all 614 disciplines except renovator and project de signer must include a hands-on component. 615 (3) Except for renovator and project designer co urses, for all other courses offered, the 616 training program shall conduct a hands-on assessme nt. With the exceptio n of project designer 617 courses, the training program shall conduct a co urse test at the completion of the course. 618
* * * * * 619 3. In § 745.238: 620 a. Remove paragraph (c)(3). 621 b. Redesignate paragraphs (c)(4) and (c)(5) as (c)(3) and (c)(4). 622 c. Revise paragraphs (d )(1),(d)(2), and (e)(2). 623 The amendments read as follows: 624 § 745.238 Fees for accreditation and certificatio n of lead-based paint activities. 625*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 28 of 28 * * * * * 626 (d) Application/payment procedure —(1) Certification and re-certification 627 (i) * * * 628 (ii) * * * 629 (2) Accreditation and re-accreditation. Submit a completed application (titled 630 “Accreditation Application for Training Programs” ), the materials described at §745.225, and the 631 application fee described in paragraph (c) of this section. 632
* * * * * 633 (e) * * * 634 (1) * * * 635 (2) Submit application and payment in the am ount specified in paragraph (c)(3) of this 636 section in accordance with th e instructions provided withthe application package. 637