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1 EO 12866/13563 Review Draft – As Submitted

2 Rin2070-AK02_EO12866_Lead_MinorAmendments_NPRM_FRdocument_2014-08-19.docx 

3 

4 BILLING CODE 6560-50-P 

5 ENVIRONMENTAL PROTECTION AGENCY 

6 40 CFR Part 745 

7 [EPA-HQ-OPPT-2014-0304; FRL-XXXX-X] 

8 RIN 2070-AK02 

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

10 Accreditation Requirements and Renovator Refresher Training Requirements 

11 AGENCY: Environmental Protection Agency (EPA). 

12 ACTION: Proposed rule. 

13 SUMMARY: EPA is proposing three minor revisions to the Lead Renovation, Repair, and 

14 Painting (RRP) rule that published in the Federal Register on April 22, 2008, and the Lead15 based Paint (LBP) Activities rule that published in the Federal Register on August 29, 1996. 

16 The proposed revisions are intended to improve the day-to-day function of these programs by 

17 reducing burdens to industry and the EPA, and by clarifying language for training providers, 

18 while retaining the protections provided by the original rules. First, EPA is proposing to 

19 eliminate the requirement that the renovator refresher training have a hands-on component. 

20 Second, the Agency is proposing to remove jurisdiction-specific certification and accreditation 

21 requirements under the Lead-based Paint Activities program. Currently, this program requires 

22 that training providers, firms and individuals seek certification in each jurisdiction (e.g., a state) 

23 where the organization or person wants to work. Third, EPA is adding clarifying language to the 

24 requirements for training providers under both the RRP and LBP Activities programs. 

25 DATES: Comments must be received on or before [insert date 30 days after date of publication 
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26 in the Federal Register]. 

27 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA28 HQ-OPPT-2014-0304, by one of the following methods: 

29 • Federal eRulemaking Portal: http://www.regulations.gov. Follow the online 

30 instructions for submitting comments. Do not submit electronically any information you consider 

31 to be Confidential Business Information (CBI) or other information whose disclosure is restricted 

32 by statute. 

33 • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics 

34 (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

35 20460-0001. 

36 • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed 

37 information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. 

38 Additional instructions on commenting or visiting the docket, along with more information about 

39 dockets generally, is available at http://www.epa.gov/dockets. 

40 FOR FURTHER INFORMATION CONTACT: For technical information contact: Marc 

41 Edmonds, National Program Chemicals Division, Office of Pollution Prevention and Toxics 

42 (7404T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

43 20460-0001; telephone number: 202-566-0758; email address: edmonds.marc@epa.gov.

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

45 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA46 Hotline@epa.gov. 

47 SUPPLEMENTARY INFORMATION: 

48 I. Executive Summary 

49 A. Does this Action Apply to Me? 
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50 You may be potentially affected by this action if you operate a training program required 

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

52 conduct lead-based paint activities in accordance with 40 CFR 745.226, or if you are an 

53 individual who must be certified to conduct renovation activities in accordance with 40 CFR 

54 745.90. This proposed rule applies only in States, territories, and tribal areas that do not have 

55 authorized programs pursuant to 40 CFR 745.324. For further information regarding the 

56 authorization status of States, territories, and Tribes, contact the National Lead Information 

57 Center at 1-800-424-LEAD [5323]. 

58 The following list of North American Industrial Classification System (NAICS) codes is 

59 not intended to be exhaustive, but rather provides a guide to help readers determine whether this 

60 document applies to them. Potentially affected entities may include: 

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

62 multi-family housing construction, residential remodelers. 

63 • Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air64 conditioning contractors, painting and wall covering contractors, electrical contractors, finish 

65 carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo 

66 contractors, glass and glazing contractors. 

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

68 residential property managers. 

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

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

71 kindergarten classrooms. 

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

73 • Engineering services (NAICS code 541330) and building inspection services (NAICS 
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74 code 541350), e.g., dust sampling technicians. 

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

76 engaged in lead-based paint activities. 

77 If you have any questions regarding the applicability of this action to a particular entity, 

78 consult the technical person listed under FOR FURTHER INFORMATION CONTACT. 

79 B. What Is the Agency's Authority for Taking this Action? 

80 This proposed rule is being issued under the authority of sections 402(a) and 402(c)(3) of 

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

82 C. What Action Is the Agency Taking? 

83 EPA is proposing three minor revisions to the RRP rule that published in the Federal 

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

85 Federal Register on August 29, 1996 (Ref. 2). First, EPA is proposing to eliminate the 

86 requirement that the renovator refresher training have a hands-on component. Second, the 

87 Agency is proposing to remove jurisdictions under the Lead-based Paint Activities program. 

88 Currently, this program requires that training providers, firms and individuals seek certification 

89 in each jurisdiction (e.g., a state) where the organization or person wants to work. Third, EPA is 

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

91 Lead-based Paint Activities programs. 

92 D. Why Is the Agency Taking this Action? 

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

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

95 providers, while retaining the benefits of the original rules. 

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

97 EPA has prepared an analysis of the potential costs and impacts associated with this 
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98 rulemaking. This analysis is summarized in greater detail in Unit V.A. The following is a brief 

99 outline of the estimated incremental impacts of this proposal. 

100  Overall Costs. The annualized cost savings of this proposed rule are estimated at 

101 approximately $9.6 million per year using a 3% discount rate and $9.8 million per year using a 

102 7% discount rate. 

103  Small Entity Impacts. The rule will not have a significant impact on a substantial 

104 number of small entities. This rule would relieve regulatory burden for affected small entities, 

105 and would not have a direct negative impact on any small entities. 

106  Effects on State, Local, and Tribal Governments. This rule will not have a significant 

107 intergovernmental mandate, significant or unique effects on small governments, or have 

108 Federalism implications. 

109 F. What Should I Consider as I Prepare My Comments for EPA? 

110 1. Submitting CBI. Do not submit this information to EPA through 

111 http://www.regulations.gov or email. Clearly mark the part or all of the information that you 

112 claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the 

113 outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD114 ROM the specific information that is claimed as CBI. In addition to one complete version of the 

115 comment that includes information claimed as CBI, a copy of the comment that does not contain 

116 the information claimed as CBI must be submitted for inclusion in the public docket. 

117 Information so marked will not be disclosed except in accordance with procedures set forth in 40 

118 CFR part 2. 

119 2. Tips for preparing your comments. When submitting comments, remember to: 

120 i. Identify the document by docket ID number and other identifying information (subject 

121 heading, Federal Register date and page number). 
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122 ii. Follow directions. The Agency may ask you to respond to specific questions or 

123 organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 

124 iii. Explain why you agree or disagree; suggest alternatives and substitute language for 

125 your requested changes. 

126 iv. Describe any assumptions and provide any technical information and/or data that you 

127 used. 

128 v. If you estimate potential costs or burdens, explain how you arrived at your estimate in 

129 sufficient detail to allow for it to be reproduced. 

130 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 

131 vii. Explain your views as clearly as possible, avoiding the use of profanity or personal 

132 threats. 

133 viii. Make sure to submit your comments by the comment period deadline identified. 

134 II. Background 

135 In 1992, Congress found that low-level lead poisoning was widespread among American 

136 children, affecting, at that time, as many as 3,000,000 children under age 6; that the ingestion of 

137 household dust containing lead from deteriorating or abraded lead-based paint was the most 

138 common cause of lead poisoning in children; and that the health and development of children 

139 living in as many as 3,800,000 American homes was endangered by chipping or peeling lead 

140 paint, or excessive amounts of lead-contaminated dust in their homes. Congress further 

141 determined that the prior federal response to this threat was insufficient and enacted Title X of 

142 the Housing and Community Development Act of 1992 (also known as the Residential Lead143 Based Paint Hazard Reduction Act of 1992 or Title X) (Ref. 3). Title X established a national 

144 goal of eliminating lead-based paint hazards in housing as expeditiously as possible and provided 

145 a leadership role for the federal government in building the infrastructure necessary to achieve 
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146 this goal. 

147 Title X amended TSCA to add a new subchapter entitled “Title IV–Lead Exposure 

148 Reduction.” Most of EPA’s responsibilities for addressing lead-based paint hazards can be found 

149 in this title, with TSCA section 402 being one source of the rulemaking authority to carry out 

150 these responsibilities. TSCA section 402(a) directs EPA to promulgate regulations covering lead151 based paint activities to ensure persons performing these activities are properly trained, that 

152 training programs are accredited, and that contractors performing these activities are certified. 

153 These regulations must contain standards for performing lead-based paint activities, taking into 

154 account reliability, effectiveness, and safety. On August 29, 1996, EPA promulgated final 

155 regulations under TSCA section 402(a) that govern lead-based paint inspections, lead hazard 

156 screens, risk assessments, and abatements in target housing and child-occupied facilities (also 

157 referred to as the Lead-based Paint Activities regulations) (Ref. 2). These regulations, codified at 

158 40 CFR part 745, subpart L, contained an accreditation program for training providers and 

159 training, and certification and work practice requirements for lead-based paint inspectors, risk 

160 assessors, project designers, abatement supervisors, and abatement workers. Pursuant to TSCA 

161 section 404, provisions were made for interested States, territories, and Tribes to apply for and 

162 receive authorization to administer their own Lead-based Paint Activities programs. 

163 Requirements applicable to State, territorial, and tribal programs are codified in 40 CFR part 

164 745, subpart Q. 

165 TSCA section 402(c) pertains to renovation and remodeling activities. TSCA section 

166 402(c)(3) requires EPA to revise the regulations issued under TSCA section 402(a) to apply to 

167 renovation or remodeling activities that create lead-based paint hazards. On April 22, 2008, EPA 

168 issued a final regulation applying a revised version of the Lead-based Paint Activities regulations 

169 to renovation, repair, and painting activities in target housing and child-occupied facilities (Ref. 
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170 1). Pursuant to the RRP rule, persons performing covered renovation activities must be properly 

171 trained, renovators and renovation firms must be certified, and training providers must be 

172 accredited (Ref. 1). The requirements of the RRP rule became effective in stages with the entire 

173 rule becoming effective as of April 22, 2010. 

174 III. Proposed Revisions 

175 A. Hands-on Training 

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

177 course accredited by EPA or by a State, territorial, or tribal program authorized by EPA. To gain 

178 initial certification, renovators must complete an 8-hour training course. Until October 4, 2011, 

179 renovators that successfully completed an EPA, HUD, or EPA/HUD model renovation training 

180 course were able to take the 4-hour refresher renovator training in lieu of the 8-hour initial 

181 course. Both of these courses require hands-on training. Trainings are taught either in a 

182 classroom or via electronic learning (e-learning). In an e-learning course, students take the 

183 lecture portion of the course over the Internet and then travel to a training facility to perform the 

184 hands-on activities and take the exam. To maintain certification, renovators must complete a 

185 renovator refresher course within five years of the date the individual completed their previous 

186 renovator training. Renovators who received their initial certification before April 22, 2010, 

187 however, have until July 1, 2015 to take the refresher training to maintain certification. If the 

188 renovator does not complete the course within the required timeframe, the individual must retake 

189 the initial 8-hour course to become certified again. 

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

191 for minimizing the creation of dust and lead-based paint hazards, interior and exterior 

192 containment and cleanup methods, and cleaning verification. Activities covered include the use 

193 of EPA-recognized test kits, setting up barriers, covering furniture, ducts, and carpeted floors 
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194 with plastic, mopping floors, bagging waste, and determining that the work area has been 

195 adequately cleaned. Each student performs these activities in front of an instructor who 

196 determines if the student is proficient in each one. Students must be deemed proficient in order to 

197 pass the class and become certified. The current version of the renovator refresher course 

198 includes hands-on training in testing paint for lead and cleaning verification. 

199 At the time the RPP Rule became effective it was important to have hands-on training in 

200 the refresher course because certain renovators were eligible to take only the refresher course to 

201 receive their initial certification (i.e., renovators who completed a prerequisite training). After 

202 October 4, 2011, however, renovators could no longer take the refresher course to gain initial 

203 certification even if they were previously eligible to take the refresher course in lieu of the initial 

204 course. From that date forward, all renovators taking the refresher course will already have 

205 received hands-on training as part of their initial renovator certification (i.e., an initial or 

206 refresher course). Now that renovators will take the refresher course only after being initially 

207 certified in a way that includes hands-on training, EPA believes it is less important for the 

208 refresher course to include hands-on training. In addition, renovators that are seeking 

209 recertification have been practicing the hands-on skills on renovation jobs during their 5-year 

210 certification. Furthermore, due to the less technical nature of work practices taught in the 

211 renovator course versus those taught in the abatement course, EPA believes performing hands-on 

212 activities once is sufficient to teach renovators the skills they need to perform renovations 

213 following the RRP rule work practices. 

214 In addition, by eliminating this requirement, renovators seeking recertification will be 

215 able to take the course entirely online without having to travel to a training location to perform 

216 the hands-on activities. This change will make it easier for renovators to take the refresher 

217 training, especially renovators who live far from a training facility. Renovators will save time 
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218 and travel costs by taking the course from a single location, possibly their own home. If taking 

219 the training is made easier, EPA believes that more renovators will take the refresher training and 

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

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

222 lead-safe manner. For these reasons, EPA believes it is appropriate to eliminate the hands-on 

223 training in the renovator refresher course. The Agency requests comment on eliminating the 

224 requirement to include hands-on training in the renovator refresher course. 

225 The Agency does not intend to eliminate the hands-on activities in the refresher courses 

226 for the other lead-based paint program disciplines: risk assessor, inspector, supervisor, abatement 

227 worker and dust sampling technician. The work performed by these disciplines involves highly 

228 specialized skills which individuals must learn in training courses accredited by EPA or 

229 authorized States, territories, and Tribes. For example, a significant portion of an abatement 

230 worker’s training is focused on abatement techniques and selection of the appropriate course of 

231 action for a variety of hazards. Renovators, on the other hand, do not seek to permanently 

232 eliminate lead hazards; instead they perform maintenance and improvement tasks as directed by 

233 the consumer. Thus, the goal of EPA’s renovator training and certification program is not to 

234 update the methodology a renovator uses to accomplish these tasks (i.e., how to be painters, 

235 plumbers, or carpenters), but rather to ensure that persons who already know how to perform 

236 renovations perform their typical work in a lead-safe manner. Because of the technical nature of 

237 the work performed by risk assessors, inspectors, supervisors, abatement workers and dust 

238 sampling technicians, the Agency believes that it is important for their refresher training courses 

239 to include hands-on learning. 

240 Currently, training providers are required to submit both a pre-training and post-training 

241 notification for each course that they teach. The notification requirements help EPA monitor 
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242 compliance with the training and certification provisions of the RRP and Lead-based Paint 

243 Activities programs. Training providers that teach online courses must submit pre- and post244 training notifications for each hands-on training session they teach. If the Agency eliminates the 

245 hands-on requirement for the refresher training then there will be no classroom session for which 

246 to notify EPA. Because the training provider will still need to send the names of the students to 

247 EPA, the notification requirements will need to be changed. The Agency requests comment on 

248 how it should modify the notification requirements to accommodate a training taught entirely 

249 online. 

250 The Agency is considering a further modification to the notification requirements 

251 regarding online notifications. For years, training providers have had the option of submitting 

252 notifications electronically via EPA’s Central Data Exchange (CDX). The CDX system is 

253 designed to streamline the notification process for training providers and EPA alike, and to 

254 perform basic validations of electronic submissions that reduce common errors in notifications 

255 otherwise submitted on paper. Depending on how the notification requirements are modified, 

256 training providers may find it more efficient and less burdensome to submit notifications to EPA 

257 electronically if the hands-on refresher training requirement was eliminated. Such a change could 

258 result in an increased rate of electronic reporting of training notifications to EPA. To reduce the 

259 burden on the Agency and save taxpayer dollars, EPA will consider requiring training providers 

260 that teach the online refresher renovator course to submit their notifications for that course 

261 online. The Agency requests comment on whether it should require training providers to submit 

262 notifications online for the online refresher course. 

263 B. Jurisdictions 

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

265 training programs seeking EPA accreditation and for individuals and firms seeking EPA 
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266 certification (Ref. 4). These fees were established as directed by TSCA section 402(a)(3), which 

267 requires EPA to recover the cost of administering and enforcing the lead-based paint activities 

268 requirements in States without authorized programs. The fee schedule created a multi269 jurisdiction registration fee which applies to individuals, firms and training programs that 

270 provide training or perform lead-based paint activities in more than one State administered by the 

271 EPA program. This fee is applied per discipline for each additional EPA-administered State in 

272 which the applicant seeks certification/recertification or accreditation/reaccreditation. An EPA273 administered jurisdiction is either an individual State without an authorized program or all Tribes 

274 without authorized programs in a given EPA Region. 

275 The multi-state jurisdiction fee of $35 was based on the estimated burdens required for 

276 Agency clerical, technical, and managerial staff to perform tasks associated with adding 

277 jurisdictions to a certification or accreditation. Tasks include entering the information into a 

278 database, approving or disapproving the application and generating and mailing a certificate to 

279 the applicant. After years of implementing the Lead-based Paint Activities program, the Agency 

280 believes that separate certifications for each EPA-administered State jurisdiction are not 

281 necessary. In particular, EPA does not believe it is necessary for the Agency to certify or accredit 

282 the same applicant multiple times; certification in one EPA-administered State jurisdiction 

283 should be sufficient to perform work in any other EPA-administered States. For instance, EPA 

284 did not include separate certifications for each EPA-administered State in the RRP rule and 

285 found that it did not adversely impact the program. In addition, only requiring one certification 

286 for all EPA-administered State jurisdictions helps to streamline the certification and accreditation 

287 process. Accordingly, the Agency is proposing to eliminate the requirement for separate 

288 certifications in each EPA-administered State jurisdiction in the Lead-based Paint Activities 

289 program. If jurisdictions are eliminated, regulated entities will no longer have to send an 
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290 application and fees to EPA for the purpose of adding additional EPA-administered State 

291 jurisdictions to their certification or accreditation. Once a regulated entity applies and is 

292 approved in the Lead-based Paint Activities program, they will be able to work in any EPA293 administered State. EPA requests comment on whether it should eliminate this requirement from 

294 the Lead-based Paint Activities regulations. 

295 Eliminating the fee for adding an EPA-administered State jurisdiction will not cause the 

296 other fees under the Lead-based Paint Activities regulations to increase. As stated earlier, TSCA 

297 requires EPA to recover the cost of administering and enforcing the lead-based paint activities 

298 requirements. Eliminating the requirement to apply for additional jurisdictions also eliminates 

299 the Agency’s costs for processing those applications and its need to recover the fee. Thus, 

300 eliminating the $35 fee will not require the Agency to adjust the other fees it collects under the 

301 Lead-based Paint Activities regulations. 

302 C. Clarification Regarding Training Provider Application Requirements 

303 EPA is clarifying the application regulations for accredited training providers under the 

304 RRP rule (Ref. 1) and Lead-based Paint Activities regulations (Ref. 2). It was brought to the 

305 Agency’s attention that the regulations did not specifically state what constituted a violation of 

306 the regulations at 40 CFR 745.225. For example, some other regulatory provisions, such as 40 

307 CFR 745.87, specifically list various activities that are considered a violation of TSCA. 

308 Accordingly, the Agency is proposing to add clarifying language explaining that training 

309 providers must follow the requirements in that section. EPA believes that accredited training 

310 providers already understand this, but EPA is proposing to add the clarifying language to ensure 

311 understanding of the requirements – similar to what has been done in other regulations. This 

312 clarifying language does not change any requirements for accredited training providers. The 

313 Agency requests comment on adding this clarification to the regulations at 40 CFR 
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314 745.225(a)(4), (c), (d) and (e). 

315 D. Correction to Training Notification Requirements 

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

317 requirement for accredited providers of renovation training to provide notification to EPA after 

318 each training course the provider delivers. The provision was designed to supply important 

319 information regarding certified renovators for EPA’s compliance monitoring efforts. In 2009, 

320 EPA issued a rule (Ref. 7) to correct this omission by amending 40 CFR 745.225(c)(14) to 

321 require post-course notifications from accredited providers of renovator or dust sampling 

322 technician training. The 2009 rule also included conforming changes to 40 CFR 

323 745.225(c)(14)(iii) to include the correct name of the sample post-course notification form and to 

324 make it clear that all methods of post-course notification are available to both renovation training 

325 providers and lead-based paint activities training providers. As amended, 40 CFR 745.225(c)(14) 

326 required renovation training providers to notify EPA no later than 10 business days following 

327 course completion. Although EPA identified this requirement in its cost estimates in 2008, the 

328 regulatory provision was subsequently overwritten by another rulemaking. Specifically, in a 

329 2011 rule (Ref. 8), the regulatory language inadvertently removed the regulatory text that was 

330 added to 40 CFR 745.225(c)(14)(i) by the 2009 rule. In this proposed rule, EPA is proposing to 

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

332 EPA requests comment on adding this language back to the notification requirements. Since EPA 

333 has continued to account for the costs and paperwork burden associated with this notification 

334 provision, this proposed correction does not increase the estimated costs and burdens for the 

335 RRP program. 

336 E. Effective Date 

337 

338 EPA is proposing to find under the Administrative Procedure Act (APA), 5 U.S.C. 
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339 553(d)(3), that good cause exists to dispense with the 30-day delay in the effective date of the 

340 final rule that EPA intends to promulgate based upon this proposed rule. As stated earlier in this 

341 preamble, removing the hands-on requirement will make it easier for renovators to take the 

342 refresher training, especially renovators who live far from a training facility. If taking the 

343 training is made easier, EPA believes that removing the hands-on requirement will lead to more 

344 renovators taking the training and becoming recertified. Consequently, delaying the effective 

345 date may result in fewer renovators taking the training and becoming recertified. For this reason, 

346 the Agency believes it is in the public interest to remove the requirement as soon as possible. 

347 EPA also believes that such action would relieve a restriction in accordance with 5 U.S.C. 

348 553(d)(1). EPA therefore proposes to issue a final rule making this change to be effective 

349 immediately upon publication in the Federal Register. 

350 IV. References 

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

352 document. The docket includes these documents and other information considered by EPA, 

353 including documents that are referenced within the documents that are included in the docket, 

354 even if the referenced document is not physically located in the docket. For assistance in locating 

355 these other documents, please consult the technical person listed under FOR FURTHER 

356 INFORMATION CONTACT. 

357 1. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register (73 FR 

358 21692, April 22, 2008) (FRL-8355-7). 

359 2. Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child360 Occupied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-5389-9). 

361 3. Housing and Community Development Act of 1992, Public Law 102-550 (October 28, 

362 1992). 
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363 4. Lead; Fees for Accreditation of Training Programs and Certification of Lead-based 

364 Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 1999) (FRL365 6058-6). 

366 5. EPA. Economic Analysis for the Lead-Based Paint Program Minor Amendments 

367 Proposed Rule (Economic Analysis). (April 2014). 

368 6. EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 Training, 

369 Certification, Accreditation and Standards for Lead-Based Paint Activities and Renovation, 

370 Repair, and Painting. EPA ICR No. 2502.01 and OMB No. 2070-[NEW]. (April 2014). 

371 7. Lead; Minor Amendments to the Renovation, Repair, and Painting Program; Final 

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

373 8. Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 

374 Painting Program; Federal Register (76 FR 47918, August 5, 2011)(FRL-8881-8). 

375 V. Statutory and Executive Order Reviews 

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

377 Improving Regulation and Regulatory Review 

378 This proposed rule has been designated by the Office of Management and Budget (OMB) 

379 as a “significant regulatory action” under section 3(f) of Executive Order 12866 (58 FR 51735, 

380 October 4, 1993). Accordingly, EPA submitted this action to OMB for review under Executive 

381 Order 12866 and 13563 (76 FR 3821, January 21, 2011), and any changes made in response to 

382 OMB recommendations are documented in the docket. 

383 EPA has prepared an analysis of the potential cost savings associated with this 

384 rulemaking. This analysis is contained in the Economic Analysis for the Lead-based Paint 

385 Program Minor Amendments Proposed Rule (Ref. 5) and is briefly summarized here. 
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386 In a typical year, individuals, firms, and training providers apply to perform lead-based 

387 paint activities or provide training in a total of 431 additional EPA-administered jurisdictions. 

388 Removing the $35 multi-jurisdiction fee will result in total estimated cost savings of 

389 approximately $15,000 per year to these entities. 

390 Removing the hands-on training requirement for renovator refresher training is estimated 

391 to reduce the tuition by an average of $37. Removing the hands-on requirement also makes 

392 online renovator refresher training more attractive to training providers and renovators. If 

393 renovators become recertified by taking an e-learning refresher course they are estimated to save 

394 an additional $165 by avoiding the time and associated expenses needed to travel to a training 

395 site. Renovator training and certification (which is valid for five years) became mandatory in 

396 2010, and a large number of renovators were trained that year. As many as 168,000 of these 

397 renovators are predicted to seek refresher training in 2015. Over time, the annual number is 

398 predicted to equilibrate such that up to 48,000 renovators may seek refresher training in later 

399 years. Nearly all of these renovators are assumed to choose online refresher training if the option 

400 is available. Therefore, removing the hands-on requirement for renovator refresher training is 

401 estimated to reduce costs by over $9 million per year. 

402 The rule includes a correction to the training notification requirements to add back 

403 regulatory text on post-training notifications that was inadvertently overwritten in a 2011 

404 rulemaking (although most training providers are continuing to provide post-training 

405 notifications to EPA in a timely manner). EPA has already accounted for the burden and cost of 

406 requiring accredited providers of renovation training to provide notification to EPA after each 

407 training course the provider delivers. For example, the currently approved 

408 Information Collection Request for the TSCA sections 402 and 404 Training, Certification, 

409 Accreditation and Standards for Lead-Based Paint Activities and Renovation, Repair, and 
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410 Painting (EPA ICR No. 1715.13, OMB Control No. 2070-0155) estimates that 600 renovation 

411 training providers will submit an average of 14 post-training notifications per year. This yields a 

412 total of 8,400 post-training notifications per year at an average burden of 1.6 hours per response, 

413 resulting in a total burden for this activity of 13,440 hours at a cost of $339,578. In order to 

414 avoid double-counting, EPA’s Economic Analysis and Information Collection Request for this 

415 action do not include the burden and cost of reinstating the post-training notification 

416 requirements. 

417 The clarifying language being added to the rule explaining that training providers must 

418 follow the regulations does not affect the cost of compliance because it does not change any 

419 requirements for accredited training providers. 

420 Removing the multi-jurisdiction fee and the requirement for hands on refresher renovator 

421 training is estimated to result in cost savings of up to $9.6 million per year using a 3% discount 

422 rate and $9.8 million per year using a 7% discount rate. 

423 B. Paperwork Reduction Act (PRA) 

424 The information collection requirements in this proposed rule have been submitted to 

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

426 prepared by EPA has been assigned EPA ICR No. 2502.01 and the OMB Control No. 2070-

427 [NEW] (Ref. 6). The ICR document provides a detailed presentation of the estimated burden and 

428 costs predicted as a result of the proposed rule. Burden is defined at 5 CFR 1320.3(b). 

429 There are 275 training providers accredited to offer renovator refresher training 

430 programs. All these training providers are assumed to apply to EPA to become accredited to 

431 offer e-learning refresher training once the requirement for hands-on renovator refresher training 

432 is removed. The applications must address issues such as how the trainer will ensure that 

433 students successfully complete the e-learning modules and the e-learning final assessment. 
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434 Training providers are most likely to add an already reviewed and accepted e-learning course 

435 from another training provider to their training curriculum. In that case, their burden to become 

436 familiar with the new rule and to submit an application is estimated to average 13.8 hours per 

437 response, at a cost of $687. For the 275 training providers this results in a total burden of 3,795 

438 hours at a total cost $188,861. 

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

440 information collection request unless it displays a currently valid OMB control number, or is 

441 otherwise required to submit the specific information by a statute. The OMB control numbers for 

442 EPA’s regulations codified in Title 40 of the Code of Federal Regulations, after appearing in the 

443 preamble of the final rule, are further displayed either by publication in the Federal Register or 

444 by other appropriate means, such as on the related collection instrument or form, if applicable. 

445 The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR 9.1. 

446 Submit any comments on the Agency’s need for this information, the accuracy of the 

447 provided burden estimates, and any suggested methods for minimizing respondent burden to 

448 both EPA and OMB. For EPA, follow the instructions in the ADDRESSES section at the 

449 beginning of this document. For OMB, reference “OMB Desk Officer for EPA” and email your 

450 comments to oira_submission@omb.eop.gov. Since OMB is required to make a decision 

451 concerning the ICR between 30 and 60 days after [Insert date of publication in the Federal 

452 Register], a comment to OMB is best assured of having its full effect if OMB receives it by 

453 [Insert date 30 days after publication in the Federal Register]. The final rule will address any 

454 OMB or public comments received on the information collection requirements contained in this 

455 proposal. 

456 C. Regulatory Flexibility Act (RFA) 
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457 The RFA, 5 U.S.C. 601 et seq., generally requires an agency to prepare a regulatory 

458 flexibility analysis of any rule subject to notice and comment rulemaking requirements under the 

459 APA, 5 U.S.C. 551-553, or any other statute unless the agency certifies that the rule will not have 

460 a significant economic impact on a substantial number of small entities. 

461 Small entities include small businesses, small organizations, and small governmental 

462 jurisdictions. For purposes of assessing the impacts of this proposed rule on small entities, small 

463 entity is defined as: 

464 (1) A small business as defined by the Small Business Administration’s (SBA) 

465 regulations at 13 CFR 121.201. The SBA’s definitions typically are based upon either a sales or 

466 an employment level, depending on the nature of the industry. 

467 (2) A small governmental jurisdiction that is a government of a city, county, town, school 

468 district or special district with a population of less than 50,000. 

469 (3) A small organization that is any not-for-profit enterprise which is independently 

470 owned and operated and is not dominant in its field. 

471 After considering the economic impacts of this proposed rule on small entities, I certify 

472 that this action will not have a significant economic impact on a substantial number of small 

473 entities. In determining whether a rule has a significant economic impact on a substantial number 

474 of small entities, the impact of concern is any significant adverse economic impact on small 

475 entities, since the primary purpose of the regulatory flexibility analyses is to identify and address 

476 regulatory alternatives “which minimize any significant economic impact of the rule on small 

477 entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a 

478 significant economic impact on a substantial number of small entities if the rule relieves 

479 regulatory burden, or otherwise has a positive economic effect on all of the small entities subject 

480 to the rule. 
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481 The proposed rule would eliminate multi-jurisdiction registration fees for the Lead-based 

482 Paint Activities program, and eliminate the hands-on training requirement from the lead 

483 renovation refresher training course. This results in cost savings for entities that no longer would 

484 pay the multi-jurisdiction registration fees and for renovators that would have a less expensive 

485 refresher training option available to them. Those training providers that choose to offer e486 learning refresher renovator training would incur a cost to apply for accreditation of their e487 learning courses. However, it is expected that only training providers that anticipate recovering 

488 accreditation costs through tuition charges would opt to apply for the additional accreditation 

489 because there is no requirement mandating these firms to offer an e-learning refresher training 

490 option under the proposed rule. Therefore, there would be no direct negative cost impacts on 

491 small entities as a result of the proposed rule. We have therefore concluded that this proposed 

492 rule will relieve regulatory burden for all affected small entities. 

493 D. Unfunded Mandates Reform Act (UMRA)

494 This action does not contain any Federal mandates under the provisions of Title II of 

495 UMRA, 2 U.S.C. 1531-1538, for State, local, or tribal governments or the private sector. The 

496 action imposes no enforceable duty on any State, local or tribal governments or the private sector. 

497 Therefore, this action is not subject to the requirements of UMRA sections 202 or 205. This action 

498 is also not subject to the requirements of UMRA section 203 because it contains no regulatory 

499 requirements that might significantly or uniquely affect small governments. Those training 

500 providers (both those in the private sector as well as local or tribal governments) that choose to 

501 offer e-learning refresher renovator training would incur a cost to apply for accreditation of their e502 learning courses. However, it is expected that only training providers that anticipate recovering 

503 accreditation costs through tuition charges would opt to apply for the additional accreditation 
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504 because there is no requirement mandating these firms to offer an e-learning refresher training 

505 option under the proposed rule. 

506 E. Executive Order 13132: Federalism 

507 This action does not have federalism implications as specified in Executive Order 13132 

508 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the States, on the 

509 relationship between the national government and the States, or on the distribution of power and 

510 responsibilities among the various levels of government. Local governments can serve as 

511 training providers, and those training providers that choose to offer e-learning refresher 

512 renovator training would incur a cost to apply for accreditation of their e-learning courses. 

513 However, it is expected that only training providers that anticipate recovering accreditation costs 

514 through tuition charges would opt to apply for the additional accreditation because there is no 

515 requirement mandating these firms to offer an e-learning refresher training option under the 

516 proposed rule. Thus, Executive Order 13132 does not apply to this action. EPA specifically 

517 solicits comment on this proposed action from State and local officials. 

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

519 This action does not have tribal implications as specified in Executive Order 13175 (65 

520 FR 67249, November 9, 2000). Tribal governments can serve as training providers, and those 

521 training providers that choose to offer e-learning refresher renovator training would incur a cost 

522 to apply for accreditation of their e-learning courses. However, it is expected that only training 

523 providers that anticipate recovering accreditation costs through tuition charges would opt to 

524 apply for the additional accreditation because there is no requirement mandating these firms to 

525 offer an e-learning refresher training option under the proposed rule. Thus, Executive Order 

526 13175 does not apply to this action. EPA specifically solicits additional comment on this 

527 proposed action from tribal officials. 
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528 G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

529 Risks 

530 This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) 

531 because it is not an economically significant regulatory action as defined by Executive Order 

532 12866, and because EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), as 

533 applying only to those regulatory actions that concern health or safety risks, such that the 

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

535 regulation. This action is not subject to Executive Order 13045, because it would not establish an 

536 environmental standard intended to mitigate health or safety risks. 

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

538 Supply, Distribution, or Use 

539 This proposed rule is not a “significant energy action” as defined in Executive Order 

540 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 

541 on the supply, distribution, or use of energy. Further, this rule is not likely to have any adverse 

542 energy effects because it does not require any action related to the supply, distribution, or use of 

543 energy. 

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

545 Section 12(d) of NTTAA, 15 U.S.C. 272 note, directs EPA to use voluntary consensus 

546 standards in its regulatory activities unless to do so would be inconsistent with applicable law or 

547 otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials 

548 specifications, test methods, sampling procedures, and business practices) that are developed or 

549 adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, 

550 through OMB, explanations when the Agency decides not to use available and applicable 

551 voluntary consensus standards. 
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552 This proposed rule does not involve technical standards. Therefore, EPA is not 

553 considering the use of any voluntary consensus standards. EPA welcomes comments on this 

554 aspect of the proposed rule and specifically invites the public to identify additional potentially555 applicable voluntary consensus standards and to explain why such standards should be used in 

556 this regulation. 

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

558 Populations and Low-Income Populations 

559 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive 

560 policy on environmental justice. Its main provision directs federal agencies, to the greatest extent 

561 practicable and permitted by law, to make environmental justice part of their mission by 

562 identifying and addressing, as appropriate, disproportionately high and adverse human health or 

563 environmental effects of their programs, policies, and activities on minority populations and low564 income populations in the United States. 

565 EPA has determined that this proposed rule will not have disproportionately high and 

566 adverse human health or environmental effects on minority or low-income populations because it 

567 does not directly affect the level of protection provided to human health or the environment. The 

568 proposed rule would remove multi-jurisdiction fees for the Lead-based Paint Activities program 

569 and remove the hands-on requirement for refresher renovator training. However, it would not 

570 change the work practice requirements for lead-based paint activities or renovation, repair or 

571 painting activities disturbing lead-based paint. 
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572 List of Subjects in 40 CFR Part 745

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

574 Dated: ____________________ 

575 

576 __________________________________________ 

577 Administrator
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578 Therefore, it is proposed that 40 CFR chapter I be amended as follows: 

579 PART 745--[AMENDED] 

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

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

582 2. In § 745.225: 

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

584 b. Revise paragraphs (c), (c)(14)(i), (d), (e), (e)(2) and (e)(3). 

585 The amendments read as follows: 

586 § 745.225 Accreditation of training programs: target housing and child-occupied facilities. 

587 (a) * * * 

588 (4) Accredited training programs, training program managers, and principal instructors 

589 must comply with all of the requirements of this section including approved terms of the 

590 application and all of the requirements and limitations specified in any accreditation documents 

591 issued to training programs. 

592 * * * * * 

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

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

595 sampling technician courses must meet the following requirements: 

596 (1) * * * 

597 (14) * * * 

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

599 renovator, dust sampling, or lead-based paint activities course. This notice must be received by 

600 EPA no later than 10 business days following course completion. 

601 * * * * * 
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602 (d) Minimum training curriculum requirements. A training program accredited by EPA to 

603 offer lead-based paint courses in the specific disciplines listed in this paragraph must ensure that 

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

605 * * * * * 

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

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

608 disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, renovator, 

609 and dust sampling technician. A training program accredited by EPA to offer refresher training 

610 must meet the following minimum requirements: 

611 (1) * * * 

612 (2) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must 

613 last a minimum of 8 training hours. Refresher courses for project designer, renovator, and dust 

614 sampling technician must last a minimum of 4 training hours. Refresher courses for all 

615 disciplines except renovator and project designer must include a hands-on component. 

616 (3) Except for renovator and project designer courses, for all other courses offered, the 

617 training program shall conduct a hands-on assessment. With the exception of project designer 

618 courses, the training program shall conduct a course test at the completion of the course. 

619 * * * * * 

620 3. In § 745.238: 

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

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

623 c. Revise paragraphs (d)(1),(d)(2), and (e)(2). 

624 The amendments read as follows: 

625 § 745.238 Fees for accreditation and certification of lead-based paint activities. 
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626 * * * * * 

627 (d) Application/payment procedure—(1) Certification and re-certification 

628 (i) * * * 

629 (ii) * * * 

630 (2) Accreditation and re-accreditation. Submit a completed application (titled 

631 “Accreditation Application for Training Programs”), the materials described at §745.225, and the 

632 application fee described in paragraph (c) of this section. 

633 * * * * * 

634 (e) * * * 

635 (1) * * * 

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

637 section in accordance with the instructions provided with the application package.