*** EO 12866 Review Draft

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– Do Not Quote, Cite, or Release During Review ***

**RIN2070**

**- AK02_EO12866_Lead_MinorAmendments_FRM_FRdocument_REDLINE_2015** 

**- 12** 

**- 31.docx**  

### Redline Draft reflecting edits made in response to interagency comments under EO 12866

Page 1 of 35 BILLING CODE 6560

- 50

- P 1

ENVIRONMENTAL PROTECTION AGENCY 2

40 CFR Part 745 3

EPA

- HQ

- OPPT

- 2014

- 0304 ; FRL

- XXXX

- XX 4

RIN 2070

- A K02 5

Lead

- based Paint Programs; Amendment to Jurisdiction

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

AGENCY: Environmental Protection Agency (EPA). 8

ACTION: Final rule

. 9

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

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

- to

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

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

- on component. Second, the Agency is 15

remov ing jurisdict ion

- specific certification and accreditation requirements under the LBP 16

Activities program in States where EPA administers the program

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

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

. 22Page 2 of 35 [RIN 2070

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ADDRESSES: The docket for this action, identified by docket identification (ID) 23

number HQ

- OPPT

- 2014

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

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

- 1744, and the telephone number for 29

the OPPT Docket is (202) 566

- 0280 . Please review the visitor instructions and additional 30

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

. 31

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

- 0001; telephone number: 202

- 566

- 0758; email address: 35

edmonds.marc @epa.gov

. 36
For general information contact : The TSCA

- Hotline

, ABVI

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

- 1404; email address: 38

TSCA

- Hotline@epa.gov

. 39

SUPPLEMENTARY INFORMATION: 40

I. Executive Summary 41

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

be certified to conduct lead

- based paint activities in accordance with 40 CFR 745.226, or 45
if you are an individual who must be certified to conduct renovation activities in 46Page 3 of 35 [RIN 2070

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accordance with 40 CFR 745.90. This rule applies only in States, territories, and tribal 47
areas that do not have authorized programs pursuant to 40 CFR 745.324. For further 48
information regarding the authorization status of S tates, territories, and Tribes, contact 49

the National Lead Information Center at 1

- 800

- 424

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

include: 54

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

- family housing 55
construction, multi

- family housing construction, residential remodelers. 56

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

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

and terrazzo contractors, glass and glazing contractors. 60

• Real estate (NAICS code 531), e.g., lessors of residential buildings and 61
dwellings, residential property managers. 62
• Child day care services (NAICS code 624410). 63
• Elementary and secondary schools (NAICS code 611110), e.g., elementary 64
schools with kindergarten classrooms. 65
• Other technical and trade schools (NAICS code 611519), e.g., training 66
providers. 67
• Engineering services (NAICS code 541330) and building inspection services 68
(NAICS code 541350) , e.g., dust sampling technicians. 69
• Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 70Page 4 of 35 [RIN 2070

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engaged in lead

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

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

C . What Action is the Agency Taking? 75

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

- based Paint Activities rule that 77

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

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

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

- to

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

discussed in more detail in Unit III

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

incremental impacts of this rule making

. 94Page 5 of 35 [RIN 2070

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 Overall costs. Th is rule is estimated to resu lt in cost savings of $1. 8 million to 95
$3.4 million per year

. 96

 Paperwork burdens. The rule affects information collection activities by training 97
providers that wish to offer online e

- learning refresher training and is estimated to have an 98

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

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

substantial number of small entities. 102

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

Federalism or Tribal implications. 105

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

This unit discusses the final rule , including what was proposed and the public 107
comments received on the proposed rule. A separate document that summariz es the 108
comments received that were relevant to the proposal and EPA’s responses has been 109
prepared and is available in the docket for this rulemaking (Ref. 4). 110

A . Hands

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

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

- hour refresher 116
renovator training in lieu of the 8

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

- learning). E

- learnin g is a web

- based training that 118Page 6 of 35 [RIN 2070

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is not lead by an instructor where the student can take the training at his or her own pace. 119
Requirements specific to e

- learning are found at 40 CFR 745.225. To maintain 120
certification, renovators must complete a renovator re fresher course before their 121
certification expires. If the renovator does not complete the course within the required 122
timeframe, the individual must retake the initial 8

- hour course to become certified again. 123

The 8

- hour initial training includes hands

- on training in testing for lead in paint, 124
methods for minimizing the creation of dust and lead

- based paint hazards, interior and 125
exterior containment and cleanup methods, and cleaning verification. Activities covered 126

include the use of EPA

- recognized test kit s, setting up barriers, covering furniture, ducts, 127
and carpeted floors with plastic, mopping floors, bagging waste, and determining that the 128
work area has been adequately cleaned. Each student performs these activities in front of 129

an instructor who determi nes if the student is proficient in each one. Students must be 130
deemed proficient in order to pass the class and become a certified renovator . The current 131

version of the renovator refresher course includes hands

- on training in testing paint for 132

lead and cle aning verification. 133
On January 15, 2015, EPA proposed to eliminate the hands

- on requirement in the 134

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

. Comments 135
both supported and opposed the proposed change. After carefully weighing the issues at 136
stake and considering the concerns raised by commenters, the Agency is promulgating a 137
modified version of the proposal. Specifically, EPA will allow renovators to take a 138

refresher course without hands

- on training once every other certification. Once a 139

renovator takes the refresher course without the hands

- on training, their next refresher 140
training must include hands

- on training

. The certification from the refresher course 141

without hands

- on training will last for three y ears

. Taking the course without hands

- on 142Page 7 of 35 [RIN 2070

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training is optional but once a renovator takes the course, their next refresher course must 143

include hands

- on training and be taken within three years of their previous certification. 144
The certification from taking a course with hands

- on training will last for five years. 145
Many commenters stated that allowing the refresher course to be taught entirely 146

online via e

- learning would result in more trained contractors. One commenter stated the 147

online e

- learning course would a llow for wider adoption of the rule resulting in higher 148
compliance. Another commenter stated that this will benefit homeowners by having more 149

trained renovators in the field. One commenter who is in favor of online e

- learning 150
training stated that when he to ok his initial renovator training, he spent two days traveling 151
to and from the training and another day taking the class. Online E

- learning training 152
would have saved this person travel costs and time away from work. EPA agrees that a 153
refresher training taug ht entirely online via e

- learning would result in more renovators 154
taking the training. Without the hands

- on requirement , renovators seeking recertification 155

would be able to take the course entirely online via e

- learning without having to travel to 156
a training location to perform the hands

- on activities. This change will make it easier for 157
renovators to take the refresher training, especially renovators who live far from a 158
training facility. Renovators will save time and t ravel costs by taking the course from a 159
single location, possibly their own home. Although the online e

- learning training will only 160
be allowed for every other refresher training , EPA believes that the associated burden and 161
cost savings will lead to more ren ovators taking the refresher training and becom ing 162
recertified. Having more renovators take the refresher training will lead to a higher 163
number of certified renovators, resulting in a workforce better able to perform 164

renovations in a lead

- safe manner. 165

Man y commenters believe that an in

- class course provides better training than an 166Page 8 of 35 [RIN 2070

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online e

- learning course. One commenter stated that students learn more when they can 167
interact with other students and share information. Many commenters stated that students 168

lear n better by performing hands

- on activities. One commenter stated that it is important 169
for students to practice what they learn and get immediate feedback from instructors. 170
Another commenter stated that people who work with their hands, such as renovators, 171
learn better from doing rather than watching. While EPA believes that renovators can 172
sufficiently learn the RRP requirements via online e

- learning training, the Agency 173

understands the commenters ’ concerns about students missing out on potential benefits of 174

hands

- on training and interaction with trainers and students when they take an online e

175
learning course. The se concerns are another reason EPA shortened the certification 176
period for the renovator course that does not include hands

- on training to three years and 177
required in

- class training every other certification. This way, renovators who may learn 178
more in a classroom setting will not be able to take the online e

- learning course 179
perpetually without ever having classroom refresher training. Further, they will have to 180

take the in

- class training sooner, after only three years from when they completed the 181

online e

- learning course. 182
Many commenters were concerned that training providers would have difficulty 183
verifying the identity of the person taking the course. One commenter stated that it would 184
be difficult, if not impossible, to verify that the person taking the training is, in fact, the 185
individual who receives certification. Another commenter pointed out that a classroom

186
based course reduces the potential for misrepresentation and fraud that can take place in 187
an online learning situation. As one training provider explained, there are measures that it 188
takes to verify student identity in an online e

- learning course but admitted that there is no 189
guarantee that the person taking the course is who they claim to be. Several commenters 190Page 9 of 35 [RIN 2070

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suggested possible solutions, such as tracking IP addresses or taking a picture of the 191
student without notice to verify their identity. These commenters’ suggestions, as well as 192
others, d o not appear to be practical methods to verify student identity. EPA has already 193
employed more practical methods of verifying student participation when accrediting a 194
training program to offer these refresher training courses for renovation: each student i s 195
assigned a unique identifier to launch and re

- launch the course, each student completes 196
periodic knowledge checks equivalent to the number and content of those in EPA's mod el 197

course , and each student is tested with at least 20 questions and scores at lea st 80% for 198
successful completion. EPA recognizes the possibility that someone could have another 199
person take the course for him or her ; h owever, there are potential penalties for those who 200

do this. P ursuant to 18 U.S.C. s ection 1001, it is a criminal viol ation to knowingly and 201
willfully make a false or fraudulent statement in any matter within EPA’s jurisdiction

. 202
Furthermore, i f a renovator is tempted to have someone else take the course for them, 203
they will know that they will have to take the course in pe rson for their next certification, 204
ensuring that their identity can be verified , because the online e

- learning course can only 205
be taken once every other certification

. 206

EPA understands that there may be disadvantages to online e

- learning training. 207
However, the Agency expects that the associated burden and cost savings of the rule will 208

lead to more renovators taking the refresher training and becom ing recertified

. than 209

would have done so otherwise

. The Agency believes the benefits of h avin g more 210

renovat ors take the refresher training, lead ing to a higher number of certified renovators, 211
will outweigh any disadvantages of the final rule

. 212

B . Jurisdictions 213
On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee 214Page 10 of 35 [RIN 2070

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schedule for training programs seeking EPA accreditation and for individuals and firms 215
seeking EPA certification (Ref. 5 ). These fees were established as directed by TSCA 216
section 402(a)(3), which requires EPA to recover the cost of administering and enforc ing 217

the LBP A ctivities requirements in States without authorized programs. The fee schedule 218

created a multi

- jurisdiction registration fee which applies to individuals, firms and 219
training programs that provide training or perform lead

- based paint activities in more 220
than one State administered by the EPA program. This fee is applied per discipline for 221

each additional EPA

- administered State in which the applicant seeks 222

certification/recertification or accreditation/reaccreditation. An EPA

- administered 223
jurisdic tion is either an individual State without an authorized program or all Tribes 224
without authorized programs in a given EPA Region. 225

The multi

- state jurisdiction fee of $35 was based on the estimated burdens 226
required for Agency clerical, technical, and manage rial staff to perform tasks associated 227
with adding jurisdictions to a certification or accreditation. Tasks include entering the 228
information into a database, approving or disapproving the application and generating 229
and mailing a certificate to the applican t. After years of implementing the LBP Activities 230

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

- administered 231
State jurisdiction are not necessary. In particular, EPA does not believe it is necessary for 232
the Agency to certify or acc redit the same applicant multiple times; certification in one 233

EPA

- administered State jurisdiction should be sufficient to perform work in any other 234

EPA

- administered State. Accordingly, the Agency is eliminating the requirement for 235
separate certifications i n each EPA

- administered State jurisdiction in the LBP Activities 236

P rogram. R egulated entities will no longer have to send an application and fees to EPA 237
for the purpose of adding additional EPA

- administered State jurisdictions to their 238Page 11 of 35 [RIN 2070

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certification or accr editation. Now when a regulated entity applies to EPA and receives 239

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

240

administered State. 241
EPA received many comments on its proposal to remove jurisdictions from the 242

LBP Activi ties P rogram . Most comments were in support of eliminating jurisdictions. 243
Commenters who opposed the proposed removal were confused about what EPA was 244
proposing, believing that the Agency was going to change the requirements for States to 245

become authorized to implement the LBP Activities P rogram. The Agency is not 246
changing the State authorization requirements, nor did it propose to do so. EPA is 247
promulgating the revisions as proposed by eliminating jurisdictions in the LBP Activities 248

P rogram administered by EPA

. 249
Now that jurisdictions in EPA’s LBP Activities P rogram have been removed, 250
firms, individuals and training providers will receive one certificate that will allow them 251

to work in all EPA

- administered States instead of one certificate per State

. Certificates 252
issued before this final rule are still valid until their expiration and regulated entities will 253
not need their certificates replaced because of this rule. In addition, a previous 254
certification in a single EPA

- administered jurisdiction allows firms, individuals and 255
training providers to perform lead

- based paint activities in all EPA

- administered 256
jurisdictions until the expiration of that certification. 257

C . Clarification Regarding Training Provider Application Requirements 258
EPA is clarifying the application regulations for accredited training providers 259
under the RRP rule (Ref. 1 ) and LBP Activities rule (Ref. 2 ). It was brought to the 260
Agency’s attention that the regulations did not specifically state what constituted a 261
violation of the regulation s at 40 CFR 745.225. For example, some other regulatory 262Page 12 of 35 [RIN 2070

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provisions, such as 40 CFR 745.87, specifically list various activities that are considered 263
a violation of TSCA. Accordingly, the Agency propos ed to add clarifying language 264
explaining that training pr oviders must follow the requirements in that section. EPA 265
believes that accredited training providers already understand this, but EPA proposed to 266
add the clarifying language to ensure understanding of the requirements

– similar to what 267

has been done in ot her regulations. This clarifying language does not change any 268
requirements for accredited training providers. 269
The Agency received few comments on the clarification. Most of the comments 270
expressed general su pport for the proposed change. One commenter said that the current 271
requirements are specific and the clarification i s not necessary. EPA disagrees with this 272

comment. The language in 40 CFR 745.225 did not specifically say that a failure to 273
follow the requirements of that se ction was a violation. While it i s likely that many 274
training providers already u nderstand that, EPA believes it i s import ant to make it clear in 275
the regulations in order to eliminate any confusion about what constitutes a violation. 276
Therefore, EPA is finalizing the changes as proposed b y adding the clarifying language to 277

40 CFR 745.225. 278

D

. Correction to Training Notification Requirements 279
The regulatory text of the final RRP rule in 2008 (Ref. 1 ) inadvertently omitted a 280
requirement for accredited providers of renovation training to pro vide notification to EPA 281
after each training course the provider delivers. The provision was designed to supply 282
important information regarding certified renovators for EPA’s compliance monitoring 283
efforts. In 2009, EPA issued a rule (Ref. 6 ) to correct thi s omission by amending 40 CFR 284
745.225(c)(14) to require post

- course notifications from accredited providers of renovator 285
or dust sampling technician training. The 2009 rule also included conforming changes 286Page 13 of 35 [RIN 2070

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

- course 287
notification form and to make it clear that all methods of post

- course notification are 288
available to both renovation training providers and LBP A ctivities training providers. As 289
amended, 40 CFR 745.225(c)(14) required reno vation training providers to notify EPA 290
no later than 10 business days following course completion. Although EPA identified this 291
requirement in its cost estimates in 2008, the regulatory provision was subsequently 292
overwritten by another rulemaking. Specifi cally, in a 2011 rule (Ref. 7 ), the regulatory 293
language inadvertently removed the regulatory text that was added to 40 CFR 294
745.225(c)(14)(i) by the 2009 rule. In January 2015, EPA proposed to add the same 295
language back to 40 CFR 745.225(c)(14)(i) that was included in the 2009 rule. 296

EPA received several comments about the correction to the notification 297
regulations. Two commenters said they had no objection to the correction. Another 298
commenter said simply that he supported the proposed change. No commenters opposed 299
making the correction. EPA is promulgating the revision as proposed. 300

E

. Notifications for O nline E

- learning T rainers 301
As explained in the preamble to the proposed rule, EPA considered modifying the 302
requirements regarding online training notifications by requiring training providers that 303

teach the online e

- learning refresher course to submit notifications via the internet . For 304
years, training providers have had the option of submitting notifications electronically via 305
EPA’s Central Data Exchange (CDX)

. The CDX system is designed to streamline the 306
notification process for training providers and EPA alike, and to perform basic 307

validations of electronic submissions that reduce common errors in notifications 308
otherwise submitted on paper. Submitting notificat ion via the internet reduces the burden 309

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

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The Agency request ed comment on whether it should require training providers to 311

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

- on 312
training

. EPA received one comment submitted by a training provider who supported the 313
requirement

. No commenters opposed the change. Based on the benefits of online 314
notifications, EPA is promulgating a requirement that training providers that teach the 315

renovator refresher course without hands

- on training must submit their post

- training 316

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

- on 317
training will be taught online via e

- lea rning since there will be no need for students to 318
take the course in person. EPA believes that trainers who teach an online e

- learning 319

course clearly have the technical knowledge and ability to submit their post

- training 320

notifications via the internet and i t is therefore appropriate to promulgate this 321
requirement

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

- training 322

notifications ; therefore, this requirement only applies to post

- training notifications. 323
EPA also requested comment on how it should modify the notification 324
requirements to accommodate training taught entirely online via e

- learning . T raining 325
providers submit both a pre

- training and post

- training notification for each course that 326
they teach. Now that the renovator refresher training can be taught entirely online via e

327
learning
, there will be no classroom session for which to notify EPA for the online e

328
learning class

. Consequently, pre

- training notifications will not be required for such 329

courses. Because the training provider will still need to send to EPA the names of the 330

students who completed the online e

- learning course , post

- training notifications are still 331
required. 332
EPA received several comments regarding how it should modify the post

- trainin g 333
notification requirements. One commenter said that EPA should be notified as soon as the 334Page 15 of 35 [RIN 2070

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student completes the course. Another commenter stated that post

- training notifications 335
should be sent quarterly, or at most monthly. EPA believes that submitting no tifications 336

at the time the student finishes the course would be too burd ensome for training 337
providers. Furthermore, it is not necessary for student information to be submitted the 338
same day the course is completed. On the other hand, with quarterly notifications, 339

information for some students would not be submitted to EPA for almost three months 340
after the training was completed

. There are time s when EPA uses the information from 341

notifications to verify whether a certain person is a certified renovato r

. A delay of three 342
months increases the likelihood of this information not being avail able when the Agency 343

needs it. As a compromise, and as one of the commenters suggested, the Agency is 344
requiring the notifications to be submitted ever y month. Specifical ly, for renovator 345

refresher courses without hands

- on training , training providers must submit post

- training 346
notifications to EPA anytime from the first to tenth day of the month that includes the 347
required information on students who completed the course in the previous month

. 348
The Agency is requiring training providers that teach the refresher training 349
entirely online via e

- learning to include the expiration of the renovator’s certification in 350

the post

- training notification. N ow that renovator certification s can be either three or five 351

years, it is important to have the expiration date on the notification so EPA can tell when 352
the renovator’s certification expires and whether he or she took the course that is taught 353
entirely online via e

- learning

. The Agency is also requiring course completion certificates 354
for all renovator courses to include the expiration of the certification. Because of the two 355
different certification timeframes, it is important for the certificate to clearly state when 356

the cert ification expires. This information may be of help to various parties including 357
homeowners and training providers. Homeowners may want to verify that the certified 358Page 16 of 35 [RIN 2070

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renovators working in their homes are currently certified. Training providers who teach 359

the refresher training are required to verify whether the student is eligible to take the 360
refresher training which would be difficult to do without knowing when the renovator’s 361
certification expires. 362

F

. Grandfathering 363

In the 2008 RRP rule (Ref. 1) , EPA create d a grandfather provision that allowed 364

renovators who have taken an EPA, Department of Housing and Urban Development 365
(HUD), or EPA/HUD model renovation training course
, to take the 4

- hour refresher 366
renovator training in lieu of the 8

- hour initial course to receive their initial certification

. 367
In a subsequent rulemaking, the regulations were changed (Ref. 7 ) to allow renovators to 368
take advantage of the provision only if they had taken the prerequisite course before 369
October 4, 2011. Now that the Agency is all owing a refresher course that does not have a 370

hands

- on requirement, the grandfather provision would have allowed a student to receive 371
initial renovator certification by taking an online e

- learning refresher course that does not 372

have hands

- on training

. EPA r eceived several comments about the grandfather provision. 373

Commenters were concerned that , under the proposal, renovators would be able to take 374

the refresher course without hands

- on training as their initial renovator training. 375
EPA believes that it is imp ortant for renovators to have hands

- on training when 376
they receive their initial certification. To address commenters ’ concerns, EPA will ensure 377

that all renovators have hands

- on training when they get their initial certification, by 378
requiring renovators who take advantage of the grandfather provision to take a refresher 379

train ing that includes hands

- on training

. Therefore, o nly renovators that have received 380

their initial certification under the RRP program may take the renovator refre sher course 381

that does not include hands

- on training

. 382Page 17 of 35 [RIN 2070

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III

. Economic Analysis 383

EPA ’s economic analysis of the potential costs and savings associated with this 384

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

. 385

The rule amend ments do not preempt regulations by states, territories, or tribal 386
governments that have their own authorized lead programs, so these estimates only 387
reflect changes in EPA

- administered jurisdictions. 388
Over 500,000 renovators have been trained and certified under the federal RRP 389
program since renovator training became mandatory in 2010. Since a large number of 390
renovators received their initial certification in the first year of the program, there will be 391
some initial cyclicality in the annual number of renov ators recertified. However, this 392
cyclicality will decrease over time as trained renovators exit the industry and are replaced 393
by new entrants. EPA’s analysis makes the simplifying assumptions that under the 394
existing regulation (where all refresher training is valid for five years) there will be a 395
steady state average of 100,000 renovators per year with expiring certifications, and 396
30,000 renovators per year will leave the industry and be replaced by new entrants who 397
must take the initial training course. So an average of 70,000 renovators per year would 398

take the refresher course in the baseline. 399
In the baseline, both initial and refresher renovator training must have a hands

- on 400
component, and renovator certification and recertification are both valid for fi ve years. 401
EPA considered several options for revising the hands

- on requirement for renovator 402
refresher training. The options differed in terms of the length of time for which 403
recertification based on refresher training without a hands

- on component would be valid, 404
as well as the number of training cycles in which hands

- on refresher training would have 405
to be taken (i.e., every other time, every third time, or never). The options that EPA 406Page 18 of 35 [RIN 2070

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analyzed are summarized in Table 1. The final rule reflects the refreshe r training 407
requirements in Option 4(c). 408

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

Option Period for which recertification is valid

based on refresher training with a hands

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

- on component Number of training cycles in which hands

- on refresher

training must be taken

Existing rule 5 years Not allowed 1 Option 1 5 years 5 years 0 Option 2 5 years 5 years 2 Option 3(a) 5 years 2 years 0 Option 3(b) 5 years 3 years 0 Option 4(a) 5 years 2 years 2 Option 4(b) 5 years 2 years 3 Option 4(c) 5 years 3 years 2 Option 4(d) 5 years 3 years 3 The final rule is Option 4(c). 409 Allowing refresher training to be taught without the hands

- on component will 410
reduce costs for training providers because they will no longer have to purchase the 411
supplies required for hands

- on training

. As a result, the average cost per student of 412
providin g such a course is expected to be $45 less than the baseline cost. Some or all of 413
these savings may be passed on to the students in the form of lower tuition. 414
Refresher training without a hands

- on component can be taken entirely online via 415

e

- learning . Mos t training providers currently offering the classroom portion of a 416
renovator training course online charge the same tuition whether the class is taken in 417
person or online, suggesting that the costs of providing online e

- learning and in

- person 418
training are s imilar. But r enovators taking a course entirely online via e

- learning will 419

avoid the time and associated expenses needed to travel to a training site, at an average 420
savings of $ 1 44 per person. 421
Due to the cost savings, as many as 400 training providers might offer refresher 422
training via online e

- learning if the hands

- on requirement is revised, and many renovators 423Page 19 of 35 [RIN 2070

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will take their training online via e

- learning . But some renovators will still chose to take 424
their training in person even when they are eligible for an online e

- learning class

. EPA 425

considered three different scenarios for how renovators might respond if the hands

- on 426
requirement is modified, assuming that 50 % , 75 % , or 90 % of renovators would choose to 427
take their training online if they are allowed t o do so. This means that at least 10%, 25%, 428

or 50 % of renovators would choose to take all of their training in person under each 429
option

. And under Options 2 and 4, renovators who chose to take training without a 430

hands

- on component would have to take hands

- on training in a subsequent training cycle. 431
So under these options, the number of renovators being trained in person in any given 432
year exceeds 10%, 25%, or 50% of the total number of renovators trained that year. Table 433

2 lists the annual number of renovato rs trained under each option. To simplify the 434
analysis, renovators are assumed to take training without a hands

- on component online via 435

e

- learning , although the rule would also allow such training to be taken in person. The 436
range in the results for each opt ion reflects the different scenarios for the number of 437
renovators electing to take online e

- learning training. 438

439 Table 2

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

training Renovators taking in

- person refresher training Renovators taking online

- only refresher training Total renovators taking refresher training Existing rule 30,000 70,000 0 70,000 Option 1 30,000 7,000 to 35,000 35,000 to 63,000 70,000 Option 2 30,000 33,000 to 49,000 2 1
, 000 to 37,0 00 70,000 Option 3(a) 30,000 7,000 to 35,000 88
, 0 00 to 15 8
, 0 00 123,000 to 165,000 Option 3(b) 30,000 7,000 to 35,000 58,000 to 105,000 93,000 to 112,000 Option 4(a) 30,000 50,000 to 59,000 27,000 to 49, 000 86,000 to 100,000 Option 4(b) 30,000 39,000 to 53,000 43,000 to 78
, 000 96,000 to 117,000 Option 4(c) 30,000 43,000 to 55,000 25 , 000 to 44, 000 80,000 to 88,000 Option 4(d) 30,000 31,000 to 48,000 36,000 to 6 5,000 84,000 to 96,000 The final rule is Option 4(c). 440 The rule amendments also change the notification requirements for training 441Page 20 of 35 [RIN 2070

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courses

. P ost

- training notification s will have to include the expiration date for each 442

renovator’ s certification, but it takes a negligible effort for the training provider to submit 443

this information

. Training provide rs will not be required to submit pre

- notifications for 444

online e

- learning courses that have no in

- person component , which will reduce the total 445
number of submissions by between 4,000 and 7,000 per year. The amendments also allow 446
training providers to submit post

- notifications once a month for online e

- learning courses 447

that have no in

- person component, instead of no later than ten business days following 448
course completion . Such monthly notifications would have to be submitted though EPA’s 449

CDX system, but appro ximately 92% of notifications are already submitted via CDX

. 450
Assuming that 400 training providers offer online e

- learning refresher training, up to 451
4,800 post

- training notifications could be submitted for online e

- learning training each 452
year. This is a reduc tion compared to the number of post

- training notifications that would 453
be submitted if the amendments did not allow monthly reporting for online e

- learning 454
training, and it is partially offset by a reduction in the number of post

- training 455

notifications for i n

- person classes. 456

And the rule removes the $35 multi

- jurisdiction registration fee that individuals, 457
firms, and training providers currently pay when they apply to perform lead

- based paint 458
activities or provide training for that program in additional EPA

- a dministered 459
jurisdictions. In a typical year, these entities apply to work in a total of 431 additional 460
jurisdictions. 461
The rule requires training providers to include the expiration date of the 462
renovator’s certification in the post

- training notification, but the time required to do this 463
is negligible. The rule also clarifies the requirements for the time

- frame to submit post

464
training notifications for in

- person training courses. The burden and cost of this activity 465Page 21 of 35 [RIN 2070

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were already accounted for in previous economic analyses and ICRs for the lead 466

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

- counting these costs

. Another 467
revision adds clarifying language explaining that training providers must follow the 468
regula tions . This does not affect the estimated cost of compliance because it does not 469
change any requirements for accredited training providers. 470
Table 3 presents the total cost savings of the rule options, including modifying the 471
notification requirements for t raining providers , and r emoving the multi

- jurisdiction fee

. 472
The final rule, which is Option 4(c), is estimated to resu lt in cost savings of $1. 8 million 473
to $3.4 million per year (in 2014 dollars) . The rule reduces the cost of providing and 474
taking refresher training enough that compliance costs decrease even though reducing the 475
certification period to 3 years for renovators taking refresher training without a hands

- on 476
component is projected to increase the total number of renovators trained per year. 477

478 Table 3

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

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

- on component valid for 5 years . H ands

- on training required eve ry other recertification period. $3. 9 to $7. 0
Option 3(a) Training without hands

- on valid for 2 years

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

- on valid for 3 years

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

- on valid for 2 years. H ands

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

- on valid for 2 years. H ands

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

– Final Rule Training without hands

- on valid for 3 years. Hands

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

- on valid for 3 years. H ands

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

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

and post

- training notifications , and the removal of the multi

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

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

. References 479Page 22 of 35 [RIN 2070

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The following is a listing of the documents that are specificall y referenced in this 480

document. The docket includes these documents and other information considered by 481
EPA, including documents that are referenced within the documents that are included in 482
the docket, even if the referenced document is not phy sically located in the docket. For 483
assistance in locating these other documents, please consult the technical person li sted 484

under FOR FURTHER INFORMATION CONTACT

. 485
1. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register 486
(73 FR 21692, April 22, 2008) (F RL

- 8355

- 7). 487

2. Lead; Requirements for Lead

- Based Paint Activities in Target Housing and 488

Child

- Occu pied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) 489
(FRL

- 5389

- 9). 490

3

. EPA. Economic Analysis for the Lead

- Based Paint Program Minor 491
Amendments Final Rule (Economic Analysis). October 2015. 492

4. EPA. Response to Public Comments ; Lead

- based Paint Programs; Amendment 493

to Jurisdiction

- Specific Certification and Accreditation Requirements and Renovator 494
Refresher Training Requirements Rulemaking. October 2015

. 495

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

496
based Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 497
1999) (FRL

- 6058

- 6). 498

6 . Lead; Minor Amendments to the Renovation, Repair, and Painting Program; 499

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

- 8422

- 7)

. 500

7 . Lead; Clearance and Clearance Testing Requirements for the Renovation, 501
Repair, and Painting Program; Final Rule. Federal Register (76 FR 47918, August 5, 502
2011) (FRL

- 8881

- 8). 503Page 23 of 35 [RIN 2070

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8 . EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 504
Training, Certification, Accreditation and Standards for Lead

- Based Paint Activities and 505
Renovation, Repair, and Painting. EPA ICR No. 2502.0 2 and OMB No. 2070

- 0192

. 506

October 2015. 507

V. Statutory and Executive Order Reviews 508
A. Executive Order 12866: Regulato ry Planning and Review and Executive Order 13563: 509
Improving Regulation and Regulatory Review 510
This action is a significant regulatory action that was submitted to the Office of 511
Management and Budget (OMB) for review u nder Executive Order s 12866 (58 FR 512
51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), and any changes 513
made in response to OMB recommendations are documented in the docket. 514
EPA prepared an economic analysis of the potential cost savings associated with 515

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

. 516
B. Paperwork Reduction Act (PRA) 517
The information collection requirements in this rule have been submitted to OMB 518
for review and approval under the PRA, 44 U.S.C. 3501 et seq . The ICR document 519
prepared by EPA has been assigned EPA ICR No. 2502.0 2 and the OMB Control No. 520

2070

- 0192 (Ref. 8 ). The ICR document provides a detailed presentation of the estimated 521
burden and costs p redicted as a result of this action

. You can find a copy of the ICR in the 522
docket for this rule, and it is briefly summarized here. The information collection 523
requirements are not enforceable until OMB approves them. 524
Respondents/affected entities: The rule affects information collection activities by 525

train ing providers that wish to offer online e

- learning refresher training. 526
Respondent’s obligation to respond: Although training providers have the option of 527Page 24 of 35 [RIN 2070

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choosing whether to offer such training, once an entity chooses to do so, the information 528
collection activities contained in this rule become mandatory. 529
Estimated number of respondents: 400

. 530
Frequency of response: 1, on occasion

. 531

Total estimated burden: 2,656 hours (per year). Burden is defined at 5 CFR 1320.3(b). 532

Total estimated burden cost: $ 113.942 (per year), includes $ 0 annualized capital or 533
operation & maintenance costs. 534
Change in approved burden: The total burden in OMB’s inventory for the existing
, 535
approved ICR for the lead paint program is 3,312,524 hours (OMB Control No. 2070

- 536
0155, EPA ICR No. 1715.13). With the addition of the 2,656 hours related to th is rule 537
amendments ( which qualifies as a program change), the total annual burden for the lead 538
paint pro gram is estimated to be 3,315,180 hours. 539
An agency may not conduct or sponsor, and a person is not required to respond to, 540
a collection of information unless it displays a currently valid OMB control number. The 541

OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. 542
When OMB approves this ICR, the Agency will announce that approval in the Federal 543
Register and publish a technical amendment to 40 CFR part 9 to display the OMB 544
control number for the approved information collection activities contained in this final 545

rule. 546
C. Regulatory Flexibility Act (RFA) 547
I certify that this action will not have a significant economic impact on a 548

substantial number of small entities under the RFA , 5 U.S.C. 601 et seq. In making this 549

de termination, the impact of concern is any significant adverse economic impact on small 550

entities

. An agency may certify that a rule will not have a significant economic impact on 551Page 25 of 35 [RIN 2070

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a substantial number of small entities if the rule relieves regulatory burden, has no net 552
burden or otherwise has a positive economic effect on the small entities subject to the 553

rule. 554
Eliminating multi

- jurisdiction registration fees saves money for entities that wish 555
to perform LBP activities in multiple jurisdictions. The rule als o allows training providers 556
(many of which are small businesses) additional flexibility in how they offer training. 557

Online E

- learning training is already allowed for the classroom component of both initial 558
and refresher training, and training providers can choose whether or not to offer it. The 559
amended rule still allows training providers to choose what type of training to offer 560
because they can continue to offer refresher training with a hands

- on component, begin 561
offering online e

- learning training without t he hands

- on component, or offer both types of 562
training. 563
Training providers that voluntarily choose to start offering online e

- learning 564
refresher training without a hands

- on component would incur costs for some activities 565
(e.g., applying for a new accredita tion) but they would reduce other expenses (e.g., 566
supplies for the hands

- on training). See the Economic Analysis (Ref. 3) for additional 567
information on the potential costs and savings of these activities. Because there is no 568
requirement mandating that trai ning providers offer an online e

- learning refresher course, 569
training providers will not choose to offer online e

- learning training unless the savings 570
from doing so exceed the costs, or if they can recover their costs through tuition charges, 571

increased volume of business, or other means. The rule requires training providers to 572
include the expiration date of the renovator’s certification in the post

- training 573
notification, but the time required to do this is negligible. D. Unfunded Mandates Reform 574
Act (UMRA) 575Page 26 of 35 [RIN 2070

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T his action does not contain an unfunded mandate of $100 million or more as 576
described in UMRA, 2 U.S.C. 1531

– 1538, and does not significantly or uniquely affect 577
small governments . The rule amendments do not preempt regulations by states, 578
territories, or tribal governments that have their own authorized lead programs, so those 579
jurisdictions are not required to change their programs. 580

E. Executive Order 13132: Federalism 581

This action does not have federalism implications as specified in Executive Order 582
13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the 583
states, on the relationship between the national government and the states, or on the 584

distributi on of power and responsibilities among the various levels of government. 585

F. Executive Order 13175: Consultation and Coordination with Indian Tribal 586

Governments 587
This action does not have tribal implications as specified in Executive Order 588
13175 (65 FR 67249 , November 9, 2000 ). The rule amendments do not preempt 589
regulations by tribal governments that have their own authorized lead programs, so those 590
jurisdictions are not required to adopt these amendments. Tribal governments can serve 591
as training providers, a nd those training providers that choose to offer online e

- learning 592
refresher renovator training would incur costs for some activities (such as applying for a 593
new accreditation) but they would reduce other expenses (such as supplies for the hands

594
on training ). However, there is no requirement mandating that training providers offer an 595

online e

- learning refresher course. So training providers will not choose to offer online e

596
learning training unless the savings of doing so exceed the costs, or if they can recov er 597
their costs through tuition charges or other means. Thus, Executive Order 13175 does not 598
apply to this action. 599Page 27 of 35 [RIN 2070

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G. Executive Order 13045: Protection of Children from Environmental Health Risks and 600
Safety Risks 601
This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 602
1997) because it is not an economically significant regulatory action as defined by 603
Executive Order 12866, and because EPA interprets Executive Order 13045 as applying 604
only to those regulatory actions that concern health or safety risks, such that the analysis 605
required under section 5

- 501 of the Executive Order has the potential to influence the 606
regulation. This action does not establish an environmental standard intended to mitigate 607
health or safety risks. Furthermore, t he requirements in the lead program will continue to 608
protect children, sin ce renovators will still be required to take an 8 hour initial training 609

that includes a hands

- on component; they will still have to take regular refresher training; 610

the refresher tra ining will have to include a hands

- on component every other training 611
cycle; refresher training without a hands

- on component will only be valid for three years; 612
and renovators will still have to comply with the work practice requirements for 613
renovation, rep air or painting activities that disturb lead

- based paint. 614
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect 615
Energy S upply, Distribution, or Use 616

This action is not a significant energy action as defined in Executive Order 13211 617
(66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 618
on the supply, distribution, or use of energy. Further, this rule is not likely to have any 619
adverse energy effects because it does not require any action relat ed to the supply, 620
distribution, or use of energy. 621
I. National Technology Transfer and Advancement Act (NTTAA) 622

This rule does not involve technical standards and is therefore not subject to 623Page 28 of 35 [RIN 2070

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

. 624

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 625
Populations and Low

- Income Populations 626

EPA has determined that this action will not have disproportionately high and 627

adverse human health or environmental effects on minor ity or low

- income populations as 628
specified in Executive Order 12898 (59 FR 7629, February 16, 1994) . This action does 629
not directly affect the level of protection provided to human health or the environment. 630

The rule remove s multi

- jurisdiction fees for the LBP Activities program
, revises the 631

hands

- on requirement for refresher renovator training , and changes the notification 632
requirements for training providers . However, renovators will still be required to take an 633
8 hour initial training that includes a hands

- on component; they will still have to take 634
regular refresher training; the refresher training will have to include a hands

- on 635
component every other training cycle; refresher training without a hands

- on component 636
will only be valid for three years; and ren ovators will still have to comply with the work 637
practice requirements for renovation, repair or painting activities that disturb lead

- based 638
paint. 639

K

. Congressional Review Act (CRA) 640
This action is subject to the CRA
, 5 U.S.C. 801 et seq., and EPA will submit a 641
rule report to each House of the Congress and to the Comptroller General of the United 642

States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). 643Page 29 of 35 [RIN 2070

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L ist of Subjects in 40 CFR Part 745 644
Environmental protection
, Lead, Lead

- based paint, Renovation. 645

646

Dated:

________________ 647

648

____________________________________ 649
Gina McCarthy 650

Administrator. 651

652Page 30 of 35 [RIN 2070

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Therefore, 40 CFR chapter I is amended as follows: 653

PART 745

-- [AMENDED] 654
1. The authority citation for part 745 continues to read as follows: 655
Authority: 15 U.S.C. 2605, 2607, 2681

- 2692 and 42 U.S.C. 4852d. 656
2. In § 745. 90 657
a. revise paragraph (a)( 2 ) 658
b. revise paragraph (a)(4) 659

The addition and revisions read as follows: 660
§745.90 Renovator certification and dust sampling technician certification. 661
(a) * * * 662
( 2 ) Individuals who have successfully completed an accredited abatement worker or 663
supervisor course, or individuals who successfully completed an EPA, HUD, or 664
EPA/HUD model renovation training course before October 4, 2011 may ta ke an 665
accredited refresher renovator training course that includes hands

- on training in lieu of 666
the initial renovator training course to become a certified renovator. 667

* * * * * 668
(4) To maintain renovator certification or dust sampling technician certificati on, an 669
individual must complete a renovator or dust sampling technician refresher course 670
accredited by EPA under §745.225 or by a State or Tribal program that is authorized 671
under subpart Q of this part within 5 years of the date the individual completed th e initial 672
course described in paragraph (a)(1) of this section. If the individual does not complete a 673
refresher course within this time, the individual must re

- take the initial course to become 674
certified again. Individuals who complete a renovator course a ccredited by EPA or an 675
EPA authorized program on or before March 31, 2010, must complete a renovator 676Page 31 of 35 [RIN 2070

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refresher course accredited by EPA or an EPA authorized program on or before March 677
31, 2016, to maintain renovator certification. Individuals who completed a renovator 678
course accredited by EPA or an EPA authorized program between April 1, 2010 and 679
March 31, 2011, will have one year added to their original 5

- year certification. 680

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

- on t raining 681
will be certified for 3 years from the da te they complete the training. Individuals who 682
take a refresher training course that includes hands

- on training will be certified for 5 683

years. Individuals who take the renovator refresher without hands

- on tr aining must , for 684
their next refresher course, take a refresher course that includes hands

- on training to 685

maintain renovator certification

. 686

* * * * * 687

3 . In § 745.225: 688
a. Add new paragraph (a)(4). 689
b. Revise the introductory text of paragraphs (c), (d), a nd (e). 690
c. Add new paragraph (c)(8)(vii) 691
d. Revise paragraph (c)(13)(i) 692

e . Revise paragraphs (c)(14)(i) and (e)(2)
, and (3)
, (4) and (5)(viii)

. 693
f. Add new paragraph (c)(14)(ii)(D)(7) 694

The addition and revisions read as follows: 695
§ 745.225 Accreditation of training programs: target housing and child

- occupied 696

facilities. 697
(a) * * * 698
(4) Accredited training programs, training program managers, and principal 699
instructors must comply with all of the requirements of this section including approved 700Page 32 of 35 [RIN 2070

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terms of the application and all of the requirements and limitations specified in any 701
accreditation documents issued to training programs. 702

* * * * * 703
(c) Requirements for the accreditation of training programs. A training program 704
accredited by EPA to offer lead

- based paint activities courses, renovator courses, or dust 705
sampling technician courses must meet the following requirements: 706

* * * * * 707
(8) * * * 708
(viii) For renovator course completion certificates, the expiration date of 709

certification. 710

* * * * * 711
(13) * * * 712
(i) The training manager must provide EPA with notification of all renovator, dust 713
sampling technician, or lead

- based paint activities courses offered except for any 714

renovator course without hands

- on training delivered via electronic learning

. The original 715
notification must be received by EPA at least 7 business days prior to the start date of any 716
renovator, dust sampling technician, or lead

- based paint activities course. 717

* * * * * 718
(14) * * * 719
(i) The training manager must provide EPA notificat ion after the completion of 720
any renovator, dust sampling, or lead

- based paint activities course. This notification must 721
be received by EPA no later than 10 business days following course completion. 722

Notifications for any e

- learning renovator refresher cour se that does not include hands

- on 723
training must be submitted via the Central Data Exchange no later than the 10 th day of the 724Page 33 of 35 [RIN 2070

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month and include all students trained in the previous month. 725
(ii) * * * 726
(D) * * * 727
( 7 ) For renovator refresher courses, the expiration date of certification

. 728

* * * * * 729
(d) Minimum training curriculum requirements. A training program accredited by 730

EPA to offer lead

- based paint courses in the specific disciplines listed in this paragraph 731
(d) must ensure that its cour ses of study include, at a minimum, the following course 732
topics. 733

* * * * * 734
(e) Requirements for the accreditation of refresher training programs. A training 735
program may seek accreditation to offer refresher training courses in any of the following 736
discipli nes: Inspector, risk assessor, supervisor, project designer, abatement worker, 737
renovator, and dust sampling technician. A training program accredited by EPA to offer 738
refresher training must meet the following minimum requirements: 739
(4) A training program ma y apply for accreditation of a refresher course 740
concurrently with its application for accreditation of the corresponding training course as 741
described in paragraph (b) of this section. If so, EPA shall use the approval procedure 742
described in paragraph (b) o f this section. In addition, the minimum requirements 743
contained in paragraphs (c)(1) through (c)(5), (c)(6)(viii) and (c)(7) through (c)(14), and 744
(e)(1),through (e)(3) of this section shall also apply. 745
(5) * * * 746
(viii) The requirements in paragraphs (c) (1) through (c)(5), (c)(6)(viii) and (c)(7) 747
through (c)(14) of this section apply to refresher training providers. 748Page 34 of 35 [RIN 2070

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749

* * * * * 750
(2) Refresher courses for inspector, risk assessor, supervisor, and abatement 751
worker must last a minimum of 8 training hours. Refr esher courses for project designer, 752
renovator, and dust sampling technician must last a minimum of 4 training hours. 753
Refresher courses for all disciplines except renovator and project designer must include a 754

hands

- on component. Renovators must take a refre sher course that includes hands

- on 755
training at least every other recertification. 756
(3) Except for renovator and project designer courses, for all other courses 757
offered, the training program shall conduct a hands

- on assessment. With the exception of 758
project designer courses, the training program shall conduct a course test at the 759
completion of the course. Renovators must take a refresher course that includes hands

- on 760
training at least every other recertification. 761

* * * * * 762

4 . In § 745.238: 763

a. Remove paragraph (c)(3). 764
b. Redesignate paragraphs (c)(4) and (5) as (c)(3) and (4). 765
c. Revise the headings for paragraphs (d)(1) and (2). 766
d. Revise paragraph (e)(2). 767

The amendments read as follows: 768
§ 745.238 Fees for accreditation and certification of lead

- based paint activities. 769

* * * * * 770
(d) * * * 771
(1) Certification and re

- certification * * * 772Page 35 of 35 [RIN 2070

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(2) Accreditation and re

- accreditation. * * * 773

* * * * * 774
(e) * * * 775
(2) Submit application and payment in the amount specified in paragraph (c)(3) of 776

this section in a ccordance with the instructions provided with the application package. 777

* * * * * 778