1

Richmond, Jonah

From: Richmond, Jonah

Sent: Monday, January 04, 2016 12:47 PM

To: 'Jones, Danielle'

Cc: Hofmann, Angela; Smith, Peterj

Subject: RE: EO 12866/13563 Interagency Review: Lead-Based Paint Program; Amendment to 

Jurisdictions and Renovator Refresher Training Requirements (RIN 2070-AK02)

Attachments: EO12866_Rin2070-AK02_LRRP Minor Amendments_FRM_Interagency Comments 

Response_2015-12-31.pdf; RIN2070-AK02_EO12866

_Lead_MinorAmendments_FRM_FRdocument_REDLINE_2015-12-31.pdf

Danielle,

Here are EPA’s responses to both the 12/17 and 12/21 interagency comments combined into a single response

document, as well as a redline markup of the final rule document reflecting changes made in response to interagency

comments.

Please let me know if you have any questions. Thank you.

Jonah Richmond

Regulatory Coordination Staff

Office of Chemical Safety and Pollution Prevention (OCSPP)

U.S. Environmental Protection Agency (EPA)

Mailcode: 7101M, WJC East Room 3379H

Phone number:  202‐564‐0210

From: Jones, Danielle [mailto:Danielle_Y_Jones@omb.eop.gov]  

Sent: Monday, December 21, 2015 12:03 PM

To: Richmond, Jonah <Richmond.Jonah@epa.gov>

Cc: Hofmann, Angela <Hofmann.Angela@epa.gov>; Smith, Peterj <Smith.Peterj@epa.gov>

Subject: RE: EO 12866/13563 Interagency Review: Lead‐Based Paint Program; Amendment to Jurisdictions and

Renovator Refresher Training Requirements (RIN 2070‐AK02)

Jonah,

Some additional comments for the Lead rule came in this morning. Please find the attached comments.

Best,

Danielle

From: Jones, Danielle  

Sent: Thursday, December 17, 2015 3:02 PM

To: 'Richmond, Jonah' <Richmond.Jonah@epa.gov>

Cc: hofmann.angela@epa.gov; Smith, Peterj (Smith.Peterj@epa.gov) <Smith.Peterj@epa.gov>

Subject: EO 12866/13563 Interagency Review: Lead‐Based Paint Program; Amendment to Jurisdictions and Renovator

Refresher Training Requirements (RIN 2070‐AK02)
2

Jonah,

Please find the attachment with the interagency reviewer comments on the Lead‐Based Paint Program; Amendment to

Jurisdictions and Renovator Refresher Training Requirements final rule.  

Please let me know if you have any questions.

Danielle Y. Jones

Policy Analyst

Office of Management and Budget

Phone: (202) 395‐1741 | djones@omb.eop.gov
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 1 of 7

EO 12866/13563 Review of RIN 2070-AK02

FRM; Lead-based Paint Program; Amendments to Jurisdiction-Specific Certification and 

Accreditation Requirements and Renovator Refresher Training Requirements

EPA Response to Interagency Comments

EO12866_Rin2070-AK02_LRRP Minor Amendments_FRM_Interagency Comments Response_2015-12-31.docx

This document provides EPA responses to the interagency comments received by EPA on

December 17, 2015 and December 21, 2015. The comments are repeated verbatim for 

context. Responses that involve changes to the documents are reflected in redlines for those 

documents.

COMMENT 1: Currently the proposal has three years for refresher training without a hands-on

component for the training certification without any rationale for this selection. This reviewer 

urges the EPA to consider a five year interval for the for refresher training without a hands-on 

component for the final rule. This would be consistent with the other training certification 

intervals.

EPA RESPONSE 1: EPA shortened the certification period for the renovator course that does 

not include hands-on training to 3 years instead of 5 to address concerns from commenters. 

Several commenters believed that a training conducted completely online without hands-on 

learning was not as good as a classroom training with hands-on learning. Below is a 

paragraph from page 7 of the FR notice that discusses why EPA chose the 3-year certification. 

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

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

students and share information. Many commenters stated that students learn better by 

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

practice what they learn and get immediate feedback from instructors. Another commenter 

stated that people who work with their hands, such as renovators, learn better from doing 

rather than watching. While EPA believes that renovators can sufficiently learn the RRP 

requirements via online training, the Agency understands the commenters’ concerns about 

students missing out on potential benefits of hands-on training and interaction with trainers and 

students when they take an online course. These concerns are another reason EPA shortened 

the certification period for the renovator course that does not include hands-on training to three 

years and required in-class training every other certification. This way, renovators who may 

learn more in a classroom setting will not be able to take the online course perpetually without 

ever having classroom refresher training. Further, they will have to take the in-class training 

sooner, after only three years from when they completed the online course.”

COMMENT 2: Did EPA get any specific comments on the alternative as proposed to require 

hands-on training every other time a refresher course is required? If so, who and what were 

the comments? 

EPA RESPONSE 2: The North Carolina Department of Health (EPA-HQ-OPPT-2014-0304-

0159) and Allsafe Environmental (EPA-HQ-OPPT-2014-0304-0110) stated that conducting 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 2 of 7

hands-on learning once every ten years was too long an interval but did not suggest an 

alternative. An anonymous commenter (EPA-HQ-OPPT-2014-0304-0094) stated that it would 

be difficult to track which students needed hands on training under a system where hands-on

was only required for every other certification. Another anonymous commenter (EPA-HQOPPT-2014-0304-0057) stated that requiring hands-on training every 10 years is not a good 

idea and that hands-on should be performed for every refresher certification. The commenter 

also suggested increasing the number of hands-on activities in the refresher course from two 

to six but did not state why this should be done. The National Association of the Remodeling 

Industry (NARI) (EPA-HQ-OPPT-2014-0304-0136) believes that hands-on training for every 

other certification is not necessary. NARI claimed that students should be able to show 

proficiency in the hands-on activities via an online training but did not give any examples of 

how this could be accomplished. 

The El Group (EPA-HQ-OPPT-2014-0304-0103), an EPA accredited training provider, did not 

comment on the alternative to require hands-on for every other certification. However, the 

commenter stated that the only way removing the hands-on requirement would be feasible 

would be to require refresher training every two to three years. Accordingly, the final rule 

requires the refresher training to be taken three years after taking a refresher training that does 

not include the hands-on training.

COMMENT 3: What is the cost difference between the proposed rule’s requirement of 

allowing online training every time and the final rule’s requirement of only requiring online 

training every other time (every 3 or 5 years depending on hands-on or online)?

EPA RESPONSE 3: As shown in Table 3 of the preamble, the proposed rule’s requirement of 

allowing online training every training cycle, valid for 5 years (designated as Option 1 in the 

table) saves $8.2 million to $12.4 million per year, compared to the baseline. The final rule, 

designated as Option 4(c) in the table, saves $1.8 million to $3.4 million per year compared to 

the baseline. Thus, the cost difference between proposal and final is $6.4 million to $9 million 

per year.

COMMENT 4: The draft amendment itself does not use the term “online” but simply refers to 

renovator refresher training as either having or not having hands-on training. In the part of the 

amendment regarding notification of renovator or LBP training courses, the terms “electronic 

learning” and e-learning” are used, and all usage of the term “online” occurs in the preamble. 

Consistent terminology should be used. Functional descriptions of the terms might be inserted 

in the preamble at the end of Section A, Hands-on Training, or a new section could be created 

to discuss and define online training. Where appropriate, new definitions should be included in 

the regulatory provisions.

EPA RESPONSE 4: The term online was replaced by the term e-learning in the preamble for 

consistency.

COMMENT 5: The draft preamble indicates that EPA anticipates an increase in the number of 

certified renovators by allowing online refresher training at prescribed intervals during an 

individual’s lifetime of certification. In order to accomplish this goal without confusion among 

certified renovators and those striving to become certified, clarification in the draft of the 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 3 of 7

meaning of several terms, including “online training,” “electronic (e-learning),” “trainers who 

teach an online course,” and “training providers that teach the refresher course,” would be 

appropriate. It is unclear in the amendment whether EPA intends to require a live instructor for 

the online presentations, or to allow a training provider who would simply direct trainees to a 

website where they take a course at their convenience perhaps without assistance from a live 

instructor being available, or something in between; EPA should clarify this.

EPA RESPONSE 5: Unit II.A. of the preamble was updated to explain that e-learning is a 

web-based training that is not led by an instructor where the student can take the training at his 

or her own pace. 

COMMENT 6: It is important that RRP initial and refresher training focus on skills as well as 

retention of factual information. Skill training is not easily transferred through computer 

screens, as EPA acknowledges by retaining the requirement for hands-on training for 

alternating refresher certification courses. Therefore, it is important that EPA clarify which 

types of online training will be allowable and under what circumstances.

EPA RESPONSE 6: EPA believes that the rule is clear about when students are eligible to 

take the e-learning refresher training without hands-on learning and when they must take the 

refresher training with hands-on learning. Under the final rule, EPA will allow renovators to take 

a refresher course without hands-on training once every other certification which will be valid

for three years. Once a renovator takes the refresher course without the hands-on training, 

their next refresher training must include hands-on training and will result in a five-year 

certification. 

COMMENT 7: EPA should provide, in the preamble, information about the success 

(effectiveness and usage) of the online versions of the initial renovator course in English and 

Spanish that are discussed on EPA’s website at: http://www.epa.gov/lead/training-courses.

This could include, for example, the numbers of individuals who have received RRP 

certification through e-learning versus face-to-face classes, what evaluation EPA has 

conducted of the effectiveness of online training, and, if it has conducted such evaluation, how 

the results have affected its decision to allow it for refresher training where hands-on is not 

required.

EPA RESPONSE 7: Very few students have taken the e-learning training because the course 

cannot be performed completely online with students being required to perform the hands-on 

learning in a classroom. EPA has not conducted a formal evaluation of the effectiveness of the 

training, however, as discussed in the preamble, the Agency believes that renovators can 

sufficiently learn the RRP requirements via e-learning and that the benefits of having more 

renovators take the refresher training, leading to a higher number of certified renovators, will 

outweigh any disadvantages of the final rule.

COMMENT 8: Online learning for the refreshers for a 3-year certification period may 

encompass various strategies including use of computerized platforms and instructional tools 

such as videos, audio recordings, photographs, and interactive exercises. For example, 

viewing by a trainee of a 4-hour video on Youtube (or a similarly functioning website), or 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 4 of 7

listening to a lecture or podcast through a training provider’s network for a fee, in itself do not 

constitute adequate online learning experiences or provide opportunity for assessment by an 

instructor of the trainee’s competency in using the material presented.

EPA RESPONSE 8: Unit II.A. of the preamble was updated to explain that e-learning is a 

web-based training that is not led by an instructor where the student can take the training at his 

or her own pace. With regard to assessing a student’s performance, the e-learning course 

must include periodic knowledge checks equivalent to the number and content of the 

knowledge checks contained in EPA's model course, and an exam at the end of the course 

that the student must pass in order to receive certification. EPA has modified the regulations at

745.225(e)(4) and (e)(5)(viii) to emphasize these requirements. 

COMMENT 9: Generally and traditionally, online learning is described as consisting of 

synchronous and asynchronous types, but other online learning approaches may exist as well. 

Setting the issues of potential identity verification or fraud aside, EPA should consider the use 

of instructor-led online training settings with a date certain for delivery and reference on the 

certificate. Asynchronous training, by design, does not occur at the same time for all 

participants, so that citing a specific date on a certificate may be problematic. Although the 

use of a live instructor provides insight and feedback, and is available to answer questions 

through chat boxes, Question and Answer opportunities, or blogs to assess individuals’ 

performance, live instructors will come with an increased cost.

EPA RESPONSE 9: Instructor-led online trainings are already allowed under the RRP 

program. The hands-on training for this type of course must still be performed in person. With 

regard to the certificates, the course completion date on the certificate will be the date the 

student passes the course test which is taken at the end of the course.

COMMENT 10: Another generic issue with online training is the difficulty associated with 

ongoing course changes and maintenance of the material and format presented that will 

eventually need to be changed over time. EPA should consider developing a model online 

curriculum for the 3-year refresher course that can be modified to include state and/or local 

requirements. This will keep changes to a minimum to minimize the difficulty when verifying 

which version of an online curriculum a student used and what the course content included. 

For example, this commenter realizes that, should federal or state lead-based paint and/or 

lead-based paint hazard standards change in the future, courses would have to be modified 

(one real purpose of refresher training) to reflect regulatory updates. This can be expensive 

when changing online presentations for training providers not having made significant 

investments in Information Technology support staff. Again, EPA’s experience with the online 

initial RRP training would be helpful in this regard.

EPA RESPONSE 10: EPA has already developed a model e-learning course for the training 

that does not include hands-on learning. If the course needs to be modified due to future 

programmatic changes, the Agency will update the model course accordingly.

COMMENT 11: The draft discusses areas of potential fraud by referencing criminal penalties. 

The draft is subject to different interpretations of fraud. EPA should clarify its intended scope 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 5 of 7

of fraud for the online training situation, and provide, in guidance, further options to reduce the 

potential for fraud or misrepresentation. 

EPA RESPONSE 11: The fraud which EPA discussed in the preamble would occur when 

someone has another person take the training for him or her. EPA believes that this is already 

clearly stated in the preamble. 

COMMENT 12: Specific comments: 

a. How will the instructor verify who is:

i. Attending; lines 192-196 just says student will be present in 2 years.

ii. Participating throughout the presentation.

iii. Paying for, and getting, the certificate

iv. Able to change the name or dates on the certificate?

b. How will the instructor ensure that the language of the presentation is appropriate 

for each of the attendees?

c. How will the instructor deal with multiple platforms, software versions, and 

varying internet speeds?

d. Will online recertification training be available to the EPA-authorized states if they 

amend their agreement?

e. If online recertification training is allowed by an EPA-authorized state, will that 

recertification be recognized as well: throughout the US? only in EPA-run states? 

only in other EPA-authorized states? nowhere else?

f. Lines 201 – 202: Refresher training cannot produce more renovators than are 

already certified. Please check the wording.

g. Lines 313 – 320: Is not the main purpose of scheduled training notification is to

enable to monitor for quality? Please check the wording.

h. Lines 333 – 336: Should not training providers be submitting students' names 

every 10 days, not 30? Please check the wording.

EPA RESPONSE 12: 

a. How will the instructor verify who is: 

i. Attending; lines 192-196 just says student will be present in 2 years. 

RESPONSE: It is up to the training provider to determine how to verify the identity of the 

student taking their training course. 

ii. Participating throughout the presentation. 

RESPONSE: The training provider must track each student's course log-ins, launches, 

progress, and completion of the course. In addition, the course must include periodic 

knowledge checks equivalent to the number and content of the knowledge checks contained in 

EPA's model course. EPA has modified the regulations at 745.225(e)(4) and (e)(5)(viii) to 

emphasize these requirements.

ii. Paying for, and getting, the certificate 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 6 of 7

RESPONSE: It is up to the training provider to determine how to collect money for the course 

and deliver the certificate. 

iv. Able to change the name or dates on the certificate? 

RESPONSE: It is up to the training provider to determine how to change the name on a 

certificate. With regard to dates, there is no need to change a date on the course completion

certificate. Even in a situation where EPA extends the expiration date of certifications, as it did 

in April 2015 (80 FR 20444) the certificate does not need to be modified and reissued (See 

EPA’s Frequent Questions database).

b. How will the instructor ensure that the language of the presentation is appropriate for each 

of the attendees? 

RESPONSE: It is up to the training provider to determine how to verify the language that is 

appropriate for a particular student. 

c. How will the instructor deal with multiple platforms, software versions, and varying internet 

speeds? 

RESPONSE: It is up to the training provider to determine how to deal with these 

circumstances. 

d. Will online recertification training be available to the EPA-authorized states if they amend 

their agreement?

RESPONSE: Yes, authorized states may also allow online training without hands-on learning.

e. If online recertification training is allowed by an EPA-authorized state, will that recertification 

be recognized as well: throughout the US? only in EPA-run states? only in other EPAauthorized states? nowhere else? 

RESPONSE: A certification or recertification from an authorized state is recognized in that 

state and all EPA-administered states. Other authorized states may recognize the certification 

if they chose to do so. 

f. Lines 201 – 202: Refresher training cannot produce more renovators than are already 

certified. Please check the wording. 

RESPONSE: The wording has been edited for clarity. 

g. Lines 313 – 320: Is not the main purpose of scheduled training notification is to enable to 

monitor for quality? Please check the wording. 

RESPONSE: Pre-training notifications are used to enable EPA to monitor a training course. 

Because there is no live training with a course taught entirely online there is no need to require 

a pre-training notification. With regard to the quality of the course, the Agency will review each 

training provider’s course before accrediting the trainer. 
*** EO 12866 Deliberative – Do Not, Cite, Quote or Release During the Review ***

December 31, 2015

Page 7 of 7

h. Lines 333 – 336: Should not training providers be submitting students' names every 10 

days, not 30? Please check the wording. 

RESPONSE: This paragraph was worded correctly. EPA is requiring the post-training 

notifications for this course one per month. It must be submitted by the 10th day of the month 

covering the previous month. 
*** EO 12866 Review Draft – Deliberative – 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

1 BILLING CODE 6560-50-P

2 ENVIRONMENTAL PROTECTION AGENCY

3 40 CFR Part 745

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

5 RIN 2070-AK02

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

7 Accreditation Requirements and Renovator Refresher Training Requirements

8 AGENCY: Environmental Protection Agency (EPA).

9 ACTION: Final rule.

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

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

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

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

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

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

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

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

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

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

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

21 RRP and LBP Activities programs.

22 DATES: This final rule is effective [insert date of publication in the Federal Register].
Page 2 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

24 number HQ-OPPT-2014-0304, is available at http://www.regulations.gov or at the Office 

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

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

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

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

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

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

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

32 FOR FURTHER INFORMATION CONTACT: For technical information contact:

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

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

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

36 edmonds.marc@epa.gov.

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

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

39 TSCA-Hotline@epa.gov.

40 SUPPLEMENTARY INFORMATION:

41 I. Executive Summary

42 A. Does this Action Apply to Me?

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

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

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

46 if you are an individual who must be certified to conduct renovation activities in 
Page 3 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

47 accordance with 40 CFR 745.90. This rule applies only in States, territories, and tribal 

48 areas that do not have authorized programs pursuant to 40 CFR 745.324. For further 

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

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

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

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

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

54 include:

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

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

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

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

60 and terrazzo contractors, glass and glazing contractors.

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

62 dwellings, residential property managers.

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

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

65 schools with kindergarten classrooms.

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

67 providers.

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

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

70 • Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 
Page 4 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

71 engaged in lead-based paint activities.

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

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

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

75 C. What Action is the Agency Taking?

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

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

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

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

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

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

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

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

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

85 LBP Activities programs. 

86 D. Why is the Agency Taking this Action?

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

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

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

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

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

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

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

94 incremental impacts of this rulemaking.
Page 5 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

95  Overall costs. This rule is estimated to result in cost savings of $1.8 million to 

96 $3.4 million per year.

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

98 providers that wish to offer onlinee-learning refresher training and is estimated to have an 

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

100 1320.3(b).

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

102 substantial number of small entities. 

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

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

105 Federalism or Tribal implications.

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

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

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

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

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

111 A. Hands-on Training

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

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

114 To gain initial certification, individual renovators must complete an 8-hour training 

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

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

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

118 classroom or via electronic learning (e-learning). E-learning is a web-based training that 
Page 6 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

120 Requirements specific to e-learning are found at 40 CFR 745.225. To maintain 

121 certification, renovators must complete a renovator refresher course before their 

122 certification expires. If the renovator does not complete the course within the required 

123 timeframe, the individual must retake the initial 8-hour course to become certified again. 

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

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

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

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

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

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

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

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

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

133 lead and cleaning verification.

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

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

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

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

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

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

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

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

142 without hands-on training will last for three years. Taking the course without hands-on
Page 7 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

145 The certification from taking a course with hands-on training will last for five years.

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

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

148 onlinee-learning course would allow for wider adoption of the rule resulting in higher 

149 compliance. Another commenter stated that this will benefit homeowners by having more 

150 trained renovators in the field. One commenter who is in favor of onlinee-learning

151 training stated that when he took his initial renovator training, he spent two days traveling 

152 to and from the training and another day taking the class. OnlineE-learning training 

153 would have saved this person travel costs and time away from work. EPA agrees that a 

154 refresher training taught entirely online via e-learning would result in more renovators 

155 taking the training. Without the hands-on requirement, renovators seeking recertification 

156 would be able to take the course entirely onlinevia e-learning without having to travel to 

157 a training location to perform the hands-on activities. This change will make it easier for 

158 renovators to take the refresher training, especially renovators who live far from a 

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

160 single location, possibly their own home. Although the onlinee-learning training will only 

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

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

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

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

165 renovations in a lead-safe manner.

166 Many commenters believe that an in-class course provides better training than an 
Page 8 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

167 onlinee-learning course. One commenter stated that students learn more when they can 

168 interact with other students and share information. Many commenters stated that students 

169 learn better by performing hands-on activities. One commenter stated that it is important 

170 for students to practice what they learn and get immediate feedback from instructors. 

171 Another commenter stated that people who work with their hands, such as renovators, 

172 learn better from doing rather than watching. While EPA believes that renovators can 

173 sufficiently learn the RRP requirements via onlinee-learning training, the Agency

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

175 hands-on training and interaction with trainers and students when they take an onlinee176 learning course. These concerns are another reason EPA shortened the certification 

177 period for the renovator course that does not include hands-on training to three years and 

178 required in-class training every other certification. This way, renovators who may learn 

179 more in a classroom setting will not be able to take the onlinee-learning course 

180 perpetually without ever having classroom refresher training. Further, they will have to 

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

182 onlinee-learning course. 

183 Many commenters were concerned that training providers would have difficulty 

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

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

186 individual who receives certification. Another commenter pointed out that a classroom187 based course reduces the potential for misrepresentation and fraud that can take place in 

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

189 takes to verify student identity in an onlinee-learning course but admitted that there is no 

190 guarantee that the person taking the course is who they claim to be. Several commenters 
Page 9 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

191 suggested possible solutions, such as tracking IP addresses or taking a picture of the 

192 student without notice to verify their identity. These commenters’ suggestions, as well as 

193 others, do not appear to be practical methods to verify student identity. EPA has already 

194 employed more practical methods of verifying student participation when accrediting a 

195 training program to offer these refresher training courses for renovation: each student is

196 assigned a unique identifier to launch and re-launch the course, each student completes 

197 periodic knowledge checks equivalent to the number and content of those in EPA's model 

198 course, and each student is tested with at least 20 questions and scores at least 80% for 

199 successful completion. EPA recognizes the possibility that someone could have another 

200 person take the course for him or her; however, there are potential penalties for those who 

201 do this. Pursuant to 18 U.S.C. section 1001, it is a criminal violation to knowingly and 

202 willfully make a false or fraudulent statement in any matter within EPA’s jurisdiction.

203 Furthermore, if a renovator is tempted to have someone else take the course for them, 

204 they will know that they will have to take the course in person for their next certification, 

205 ensuring that their identity can be verified, because the onlinee-learning course can only 

206 be taken once every other certification.

207 EPA understands that there may be disadvantages to onlinee-learning training. 

208 However, the Agency expects that the associated burden and cost savings of the rule will

209 lead to more renovators taking the refresher training and becoming recertified. than 

210 would have done so otherwise. The Agency believes the benefits of having more 

211 renovators take the refresher training, leading to a higher number of certified renovators, 

212 will outweigh any disadvantages of the final rule.

213 B. Jurisdictions

214 On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee 
Page 10 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

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

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

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

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

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

225 without authorized programs in a given EPA Region.

226 The multi-state jurisdiction fee of $35 was based on the estimated burdens 

227 required for Agency clerical, technical, and managerial staff to perform tasks associated 

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

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

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

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

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

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

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

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

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

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

238 for the purpose of adding additional EPA-administered State jurisdictions to their 
Page 11 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

240 certification in the LBP Activities Program, they will be able to work in any EPA241 administered State. 

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

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

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

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

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

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

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

249 Program administered by EPA.

250 Now that jurisdictions in EPA’s LBP Activities Program have been removed, 

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

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

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

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

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

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

257 jurisdictions until the expiration of that certification. 

258 C. Clarification Regarding Training Provider Application Requirements

259 EPA is clarifying the application regulations for accredited training providers 

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

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

262 violation of the regulations at 40 CFR 745.225. For example, some other regulatory 
Page 12 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

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

269 requirements for accredited training providers. 

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

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

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

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

274 follow the requirements of that section was a violation. While it is likely that many 

275 training providers already understand that, EPA believes it is important to make it clear in 

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

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

278 40 CFR 745.225. 

279 D. Correction to Training Notification Requirements

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

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

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

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

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

285 745.225(c)(14) to require post-course notifications from accredited providers of renovator 

286 or dust sampling technician training. The 2009 rule also included conforming changes 
Page 13 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

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

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

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

295 745.225(c)(14)(i) by the 2009 rule. In January 2015, EPA proposed to add the same 

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

297 EPA received several comments about the correction to the notification 

298 regulations. Two commenters said they had no objection to the correction. Another 

299 commenter said simply that he supported the proposed change. No commenters opposed 

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

301 E. Notifications for OnlineE-learning Trainers

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

303 requirements regarding online training notifications by requiring training providers that 

304 teach the onlinee-learning refresher course to submit notifications via the internet. For 

305 years, training providers have had the option of submitting notifications electronically via 

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

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

308 validations of electronic submissions that reduce common errors in notifications 

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

310 on the training providers and the Agency, as well as saving taxpayer dollars.
Page 14 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

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

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

318 training will be taught online via e-learning since there will be no need for students to 

319 take the course in person. EPA believes that trainers who teach an onlinee-learning

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

321 notifications via the internet and it is therefore appropriate to promulgate this 

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

323 notifications; therefore, this requirement only applies to post-training notifications. 

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

325 requirements to accommodate training taught entirely onlinevia e-learning. Training 

326 providers submit both a pre-training and post-training notification for each course that 

327 they teach. Now that the renovator refresher training can be taught entirely online via e328 learning, there will be no classroom session for which to notify EPA for the onlinee329 learning class. Consequently, pre-training notifications will not be required for such 

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

331 students who completed the onlinee-learning course, post-training notifications are still 

332 required. 

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

334 notification requirements. One commenter said that EPA should be notified as soon as the 
Page 15 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

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

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

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

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

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

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

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

347 notifications to EPA anytime from the first to tenth day of the month that includes the 

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

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

350 entirely online via e-learning to include the expiration of the renovator’s certification in 

351 the post-training notification. Now that renovator certifications can be either three or five 

352 years, it is important to have the expiration date on the notification so EPA can tell when 

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

354 entirely online via e-learning. The Agency is also requiring course completion certificates 

355 for all renovator courses to include the expiration of the certification. Because of the two 

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

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

358 homeowners and training providers. Homeowners may want to verify that the certified 
Page 16 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

362 certification expires. 

363 F. Grandfathering

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

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

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

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

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

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

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

371 hands-on requirement, the grandfather provision would have allowed a student to receive 

372 initial renovator certification by taking an onlinee-learning refresher course that does not 

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

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

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

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

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

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

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

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

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

382 that does not include hands-on training.
Page 17 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

383 III. Economic Analysis

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

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

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

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

388 reflect changes in EPA-administered jurisdictions.

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

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

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

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

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

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

395 existing regulation (where all refresher training is valid for five years) there will be a 

396 steady state average of 100,000 renovators per year with expiring certifications, and 

397 30,000 renovators per year will leave the industry and be replaced by new entrants who 

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

399 take the refresher course in the baseline. 

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

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

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

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

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

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

406 to be taken (i.e., every other time, every third time, or never). The options that EPA 
Page 18 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

408 requirements in Option 4(c).

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

Option

Period for which 

recertification is valid 

based on refresher 

training with a hands-on 

component

Period for which recertification 

is valid based on refresher 

training without a hands-on 

component

Number of training cycles in 

which hands-on refresher 

training must be taken

Existing rule 5 years Not allowed 1

Option 1 5 years 5 years 0

Option 2 5 years 5 years 2

Option 3(a) 5 years 2 years 0

Option 3(b) 5 years 3 years 0

Option 4(a) 5 years 2 years 2

Option 4(b) 5 years 2 years 3

Option 4(c) 5 years 3 years 2

Option 4(d) 5 years 3 years 3

The final rule is Option 4(c).

409

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

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

412 supplies required for hands-on training. As a result, the average cost per student of 

413 providing such a course is expected to be $45 less than the baseline cost. Some or all of 

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

415 Refresher training without a hands-on component can be taken entirely online via 

416 e-learning. Most training providers currently offering the classroom portion of a 

417 renovator training course online charge the same tuition whether the class is taken in 

418 person or online, suggesting that the costs of providing onlinee-learning and in-person 

419 training are similar. But renovators taking a course entirely onlinevia e-learning will 

420 avoid the time and associated expenses needed to travel to a training site, at an average 

421 savings of $144 per person. 

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

423 training via onlinee-learning if the hands-on requirement is revised, and many renovators 
Page 19 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

424 will take their training onlinevia e-learning. But some renovators will still chose to take 

425 their training in person even when they are eligible for an onlinee-learning class. EPA 

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

427 requirement is modified, assuming that 50%, 75%, or 90% of renovators would choose to 

428 take their training online if they are allowed to do so. This means that at least 10%, 25%, 

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

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

431 hands-on component would have to take hands-on training in a subsequent training cycle.

432 So under these options, the number of renovators being trained in person in any given 

433 year exceeds 10%, 25%, or 50% of the total number of renovators trained that year. Table 

434 2 lists the annual number of renovators trained under each option. To simplify the 

435 analysis, renovators are assumed to take training without a hands-on component onlinevia 

436 e-learning, although the rule would also allow such training to be taken in person. The 

437 range in the results for each option reflects the different scenarios for the number of 

438 renovators electing to take onlinee-learning training. 

439

Table 2. Average Annual Number of Renovators Trained by Option

Option

New renovators 

taking initial 

training 

Renovators taking 

in-person refresher 

training

Renovators taking 

online-only refresher 

training

Total renovators 

taking refresher 

training

Existing rule 30,000 70,000 0 70,000

Option 1 30,000 7,000 to 35,000 35,000 to 63,000 70,000

Option 2 30,000 33,000 to 49,000 21,000 to 37,000 70,000

Option 3(a) 30,000 7,000 to 35,000 88,000 to 158,000 123,000 to 165,000

Option 3(b) 30,000 7,000 to 35,000 58,000 to 105,000 93,000 to 112,000

Option 4(a) 30,000 50,000 to 59,000 27,000 to 49,000 86,000 to 100,000

Option 4(b) 30,000 39,000 to 53,000 43,000 to 78,000 96,000 to 117,000

Option 4(c) 30,000 43,000 to 55,000 25,000 to 44,000 80,000 to 88,000

Option 4(d) 30,000 31,000 to 48,000 36,000 to 65,000 84,000 to 96,000

The final rule is Option 4(c).

440

441 The rule amendments also change the notification requirements for training 
Page 20 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

445 onlinee-learning courses that have no in-person component, which will reduce the total 

446 number of submissions by between 4,000 and 7,000 per year. The amendments also allow 

447 training providers to submit post-notifications once a month for onlinee-learning courses 

448 that have no in-person component, instead of no later than ten business days following 

449 course completion. Such monthly notifications would have to be submitted though EPA’s 

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

451 Assuming that 400 training providers offer onlinee-learning refresher training, up to 

452 4,800 post-training notifications could be submitted for onlinee-learning training each 

453 year. This is a reduction compared to the number of post-training notifications that would 

454 be submitted if the amendments did not allow monthly reporting for onlinee-learning

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

456 notifications for in-person classes.

457 And the rule removes the $35 multi-jurisdiction registration fee that individuals, 

458 firms, and training providers currently pay when they apply to perform lead-based paint 

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

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

461 jurisdictions.

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

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

464 is negligible. The rule also clarifies the requirements for the time-frame to submit post465 training notifications for in-person training courses. The burden and cost of this activity 
Page 21 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

470 change any requirements for accredited training providers.

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

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

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

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

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

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

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

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

Option 2 Training without hands-on component valid for 5 

years. Hands-on training required every other 

recertification period.

$3.9 to $7.0

Option 3(a) Training without hands-on valid for 2 years. $1.8 to $3.4

Option 3(b) Training without hands-on valid for 3 years. $4.5 to $8.2

Option 4(a) Training without hands-on valid for 2 years. Handson training required every 2 cycles. $0.5 to $1.0

Option 4(b) Training without hands-on valid for 2 years. Handson training required every 3 cycles. $0.9 to $1.6

Option 4(c) – Final Rule Training without hands-on valid for 3 years.

Hands-on training required every 2 cycles. $1.8 to $3.4

Option 4(d) Training without hands-on valid for 3 years. Handson training required every 3 cycles.

$2.7 to $5.0

Cost savings for all options reflect revisions to the renovator refresher training requirements, changes to the preand post-training notifications, and the removal of the multi-jurisdiction registration fee. Recertification based on 

refresher training with a hands-on component is valid for 5 years under all of the options.

479 IV. References
Page 22 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

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

485 under FOR FURTHER INFORMATION CONTACT.

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

487 (73 FR 21692, April 22, 2008) (FRL-8355-7).

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

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

490 (FRL-5389-9).

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

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

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

494 to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator 

495 Refresher Training Requirements Rulemaking. October 2015.

496 5. Lead; Fees for Accreditation of Training Programs and Certification of Lead497 based Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 

498 1999) (FRL-6058-6). 

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

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

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

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

503 2011) (FRL-8881-8).
Page 23 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

507 October 2015.

508 V. Statutory and Executive Order Reviews

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

510 Improving Regulation and Regulatory Review

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

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

513 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), and any changes 

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

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

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

517 B. Paperwork Reduction Act (PRA)

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

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

520 prepared by EPA has been assigned EPA ICR No. 2502.02 and the OMB Control No. 

521 2070-0192 (Ref. 8). The ICR document provides a detailed presentation of the estimated 

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

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

524 requirements are not enforceable until OMB approves them.

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

526 training providers that wish to offer onlinee-learning refresher training. 

527 Respondent’s obligation to respond: Although training providers have the option of 
Page 24 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

529 collection activities contained in this rule become mandatory. 

530 Estimated number of respondents: 400.

531 Frequency of response: 1, on occasion.

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

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

534 operation & maintenance costs.

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

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

537 0155, EPA ICR No. 1715.13). With the addition of the 2,656 hours related to this rule 

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

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

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

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

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

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

544 Register and publish a technical amendment to 40 CFR part 9 to display the OMB 

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

546 rule.

547 C. Regulatory Flexibility Act (RFA)

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

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

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

551 entities. An agency may certify that a rule will not have a significant economic impact on 
Page 25 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

554 rule.

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

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

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

558 OnlineE-learning training is already allowed for the classroom component of both initial 

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

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

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

562 offering onlinee-learning training without the hands-on component, or offer both types of 

563 training. 

564 Training providers that voluntarily choose to start offering onlinee-learning

565 refresher training without a hands-on component would incur costs for some activities 

566 (e.g., applying for a new accreditation) but they would reduce other expenses (e.g., 

567 supplies for the hands-on training). See the Economic Analysis (Ref. 3) for additional 

568 information on the potential costs and savings of these activities. Because there is no 

569 requirement mandating that training providers offer an onlinee-learning refresher course, 

570 training providers will not choose to offer onlinee-learning training unless the savings 

571 from doing so exceed the costs, or if they can recover their costs through tuition charges, 

572 increased volume of business, or other means. The rule requires training providers to 

573 include the expiration date of the renovator’s certification in the post-training 

574 notification, but the time required to do this is negligible. D. Unfunded Mandates Reform 

575 Act (UMRA)
Page 26 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

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

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

580 jurisdictions are not required to change their programs. 

581 E. Executive Order 13132: Federalism

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

583 13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the 

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

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

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

587 Governments

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

589 13175 (65 FR 67249, November 9, 2000). The rule amendments do not preempt 

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

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

592 as training providers, and those training providers that choose to offer onlinee-learning

593 refresher renovator training would incur costs for some activities (such as applying for a 

594 new accreditation) but they would reduce other expenses (such as supplies for the hands595 on training). However, there is no requirement mandating that training providers offer an 

596 onlinee-learning refresher course. So training providers will not choose to offer onlinee597 learning training unless the savings of doing so exceed the costs, or if they can recover 

598 their costs through tuition charges or other means. Thus, Executive Order 13175 does not 

599 apply to this action. 
Page 27 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

601 Safety Risks

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

603 1997) because it is not an economically significant regulatory action as defined by 

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

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

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

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

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

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

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

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

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

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

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

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

616 Energy Supply, Distribution, or Use

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

618 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 

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

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

621 distribution, or use of energy.

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

623 This rule does not involve technical standards and is therefore not subject to 
Page 28 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

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

626 Populations and Low-Income Populations

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

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

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

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

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

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

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

634 8 hour initial training that includes a hands-on component; they will still have to take 

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

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

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

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

639 paint. 

640 K. Congressional Review Act (CRA)

641 This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA will submit a 

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

643 States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). 
Page 29 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

644 List of Subjects in 40 CFR Part 745

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

646

647 Dated: ________________

648

649 ____________________________________

650 Gina McCarthy

651 Administrator.

652
Page 30 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

654 PART 745--[AMENDED]

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

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

657 2. In § 745.90

658 a. revise paragraph (a)(2)

659 b. revise paragraph (a)(4)

660 The addition and revisions read as follows:

661 §745.90 Renovator certification and dust sampling technician certification.

662 (a) * * *

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

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

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

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

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

668 *****

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

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

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

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

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

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

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

676 EPA authorized program on or before March 31, 2010, must complete a renovator 
Page 31 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

677 refresher course accredited by EPA or an EPA authorized program on or before March 

678 31, 2016, to maintain renovator certification. Individuals who completed a renovator 

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

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

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

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

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

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

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

686 maintain renovator certification.

687 *****

688 3. In § 745.225:

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

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

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

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

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

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

695 The addition and revisions read as follows:

696 § 745.225 Accreditation of training programs: target housing and child-occupied 

697 facilities. 

698 (a) * * *

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

700 instructors must comply with all of the requirements of this section including approved
Page 32 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

701 terms of the application and all of the requirements and limitations specified in any 

702 accreditation documents issued to training programs.

703 *****

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

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

706 sampling technician courses must meet the following requirements:

707 *****

708 (8) * * *

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

710 certification.

711 *****

712 (13) * * *

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

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

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

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

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

718 *****

719 (14) * * *

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

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

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

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

training must be submitted via the Central Data Exchange no later than the 10th 724 day of the 
Page 33 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

725 month and include all students trained in the previous month.

726 (ii) * * *

727 (D) * * *

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

729 *****

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

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

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

733 topics.

734 *****

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

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

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

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

739 refresher training must meet the following minimum requirements:

740 (4) A training program may apply for accreditation of a refresher course 

741 concurrently with its application for accreditation of the corresponding training course as 

742 described in paragraph (b) of this section. If so, EPA shall use the approval procedure 

743 described in paragraph (b) of this section. In addition, the minimum requirements 

744 contained in paragraphs (c)(1) through (c)(5), (c)(6)(viii) and (c)(7) through (c)(14), and 

745 (e)(1),through (e)(3) of this section shall also apply.

746 (5) * * *

747 (viii) The requirements in paragraphs (c)(1) through (c)(5), (c)(6)(viii) and (c)(7) 

748 through (c)(14) of this section apply to refresher training providers.
Page 34 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

749

750 *****

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

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

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

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

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

756 training at least every other recertification. 

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

758 offered, the training program shall conduct a hands-on assessment. With the exception of 

759 project designer courses, the training program shall conduct a course test at the 

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

761 training at least every other recertification.

762 *****

763 4. In § 745.238:

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

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

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

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

768 The amendments read as follows:

769 § 745.238 Fees for accreditation and certification of lead-based paint activities.

770 *****

771 (d) * * *

772 (1) Certification and re-certification ***
Page 35 of 35 [RIN 2070-AK02]

***Internal Final Agency Review Draft – Deliberative - Do Not Cite, Quote or Release***

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

774 *****

775 (e) * * *

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

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

778 *****