Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 7987 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 8, 2016. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.420, is amended: 

■ i. By alphabetically adding ‘‘cotton, 

undelinted seed’’ to the table in 

paragraph (a)(2); 

■ ii. By removing and reserving the text 

of paragraph (b); 

■ iii. By removing ‘‘cotton, undelinted 

seed’’ from the table in paragraph (d). 

The addition reads as follows: 

§ 180.420 Fluridone; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per 

million 

* * * * * 

Cotton, undelinted seed ....... 0.1 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved]. 

* * * * * 

[FR Doc. 2016–03220 Filed 2–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2014–0304; FRL–9941–61] 

RIN 2070–AK02 

Lead-Based Paint Programs; 

Amendment to Jurisdiction-Specific 

Certification and Accreditation 

Requirements and Renovator 

Refresher Training Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing revisions to 

the Lead Renovation, Repair, and 

Painting (RRP) rule, and the Lead-based 

Paint (LBP) Activities rule. The 

revisions are intended to improve the 

day-to-day function of these programs 

by reducing burdens to industry and 

EPA, and by clarifying language for 

training providers, while retaining the 

protections provided by the original 

rules. First, EPA is modifying the 

requirement that the renovator refresher 

training for individuals have a hands-on 

component. Second, the Agency is 

removing jurisdiction-specific 

certification and accreditation 

requirements under the LBP Activities 

program in States where EPA 

administers the program. Previously, 

this program required that training 

providers, firms and individuals seek 

certification in each jurisdiction (e.g., a 

State) where the organization or person 

wanted to work. Third, EPA is adding 

clarifying language to the requirements 

for training providers under both the 

RRP and LBP Activities programs. 

DATES: This final rule is effective 

February 17, 2016. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number HQ–OPPT–2014–0304, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Marc 

Edmonds, National Program Chemicals 

Division, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: 202–566–0758; email address: 

edmonds.marc@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you operate a training 

program required to be accredited under 

40 CFR 745.225, if you are a firm or 

individual who must be certified to 

conduct lead-based paint activities in 

accordance with 40 CFR 745.226, or if 

you are an individual who must be 

certified to conduct renovation activities 

in accordance with 40 CFR 745.90. This 

rule applies only in States, territories, 

and tribal areas that do not have 

authorized programs pursuant to 40 CFR 

745.324. For further information 

regarding the authorization status of 

States, territories, and Tribes, contact 

the National Lead Information Center at 

1–800–424–LEAD (5323). 

The following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Building construction (NAICS code 

236), e.g., single-family housing 

construction, multi-family housing 

construction, residential remodelers. 

• Specialty trade contractors (NAICS 

code 238), e.g., plumbing, heating, and 

air-conditioning contractors, painting 

and wall covering contractors, electrical 

contractors, finish carpentry contractors, 

drywall and insulation contractors, 

siding contractors, tile and terrazzo 

contractors, glass and glazing 

contractors. 

• Real estate (NAICS code 531), e.g., 

lessors of residential buildings and 

dwellings, residential property 

managers. 

• Child day care services (NAICS 

code 624410). 

• Elementary and secondary schools 

(NAICS code 611110), e.g., elementary 

schools with kindergarten classrooms. 

• Other technical and trade schools 

(NAICS code 611519), e.g., training 

providers. 


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• Engineering services (NAICS code 

541330) and building inspection 

services (NAICS code 541350), e.g., dust 

sampling technicians. 

• Lead abatement professionals 

(NAICS code 562910), e.g., firms and 

supervisors engaged in lead-based paint 

activities. 

B. What is the agency’s authority for 

taking this action? 

This final rule is being issued under 

the authority of Sections 402(a) and 

402(c)(3) of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2682(a) 

and 2682(c)(3). 

C. What action is the agency taking? 

EPA is making minor revisions to the 

RRP rule that published in the Federal 

Register on April 22, 2008 (Ref. 1) and 

the Lead-based Paint Activities rule that 

published in the Federal Register on 

August 29, 1996 (Ref. 2). EPA is 

modifying the requirement that the 

renovator refresher training for 

individuals have a hands-on 

component. The Agency is also 

removing jurisdictions under the LBP 

Activities program in States where EPA 

administers the program. Previously, 

this program required that training 

providers, firms and individuals seek 

certification in each jurisdiction (e.g., a 

State) where the organization or person 

wanted to work. In addition, EPA is 

adding clarifying language to the 

requirements for training providers 

under both the RRP and LBP Activities 

programs. 

D. Why is the agency taking this action? 

The proposed revisions are intended 

to improve the day-to-day function of 

these programs by reducing burdens to 

industry and the EPA and by clarifying 

language for training providers, while 

retaining the benefits of the original 

rules. 

E. What are the estimated incremental 

impacts of this action? 

EPA has prepared an economic 

analysis (EA) of the potential 

incremental impacts associated with 

this rulemaking (Ref. 3). This analysis, 

which is available in the docket, is 

discussed in more detail in Unit III. The 

following is a brief outline of the 

estimated incremental impacts of this 

rulemaking. 

D Overall costs. This rule is estimated 

to result in cost savings of $1.8 million 

to $3.4 million per year. 

D Paperwork burdens. The rule affects 

information collection activities by 

training providers that wish to offer elearning refresher training and is 

estimated to have an incremental total 

estimated annual burden of 2,656 hours. 

Burden is defined at 5 CFR 1320.3(b). 

D Small entity impacts. This rule does 

not have a significant impact on a 

substantial number of small entities. 

D Effects on State, local, and Tribal 

governments. This rule does not have an 

intergovernmental mandate, any 

significant or unique effects on small 

governments, or Federalism or Tribal 

implications. 

II. Discussion of Comments on the 

Proposal and the Final Rule 

This unit discusses the final rule, 

including what was proposed and the 

public comments received on the 

proposed rule. A separate document 

that summarizes the comments received 

that were relevant to the proposal and 

EPA’s responses has been prepared and 

is available in the docket for this 

rulemaking (Ref. 4). 

A. Hands-On Training 

To become certified as a renovator, a 

person must successfully complete a 

renovator course accredited by EPA or 

by a State, territorial, or tribal program 

authorized by EPA. To gain initial 

certification, individual renovators must 

complete an 8-hour training course. 

People who had taken an EPA, 

Department of Housing and Urban 

Development (HUD), or EPA/HUD 

model renovation training course could 

take the 4-hour refresher renovator 

training in lieu of the 8-hour initial 

course. Trainings are taught either in a 

classroom or via electronic learning (elearning). E-learning is a web-based 

training that is not lead by an instructor 

where the student can take the training 

at his or her own pace. Requirements 

specific to e-learning are found at 40 

CFR 745.225. To maintain certification, 

renovators must complete a renovator 

refresher course before their 

certification expires. If the renovator 

does not complete the course within the 

required timeframe, the individual must 

retake the initial 8-hour course to 

become certified again. 

The 8-hour initial training includes 

hands-on training in testing for lead in 

paint, methods for minimizing the 

creation of dust and lead-based paint 

hazards, interior and exterior 

containment and cleanup methods, and 

cleaning verification. Activities covered 

include the use of EPA-recognized test 

kits, setting up barriers, covering 

furniture, ducts, and carpeted floors 

with plastic, mopping floors, bagging 

waste, and determining that the work 

area has been adequately cleaned. Each 

student performs these activities in front 

of an instructor who determines if the 

student is proficient in each one. 

Students must be deemed proficient in 

order to pass the class and become a 

certified renovator. The current version 

of the renovator refresher course 

includes hands-on training in testing 

paint for lead and cleaning verification. 

On January 15, 2015, EPA proposed to 

eliminate the hands-on requirement in 

the renovator refresher course. Over 140 

comments on its proposal were 

received. Comments both supported and 

opposed the proposed change. After 

carefully weighing the issues at stake 

and considering the concerns raised by 

commenters, the Agency is 

promulgating a modified version of the 

proposal. Specifically, EPA will allow 

renovators to take a refresher course 

without hands-on training once every 

other certification. Once a renovator 

takes the refresher course without the 

hands-on training, their next refresher 

training must include hands-on training. 

The certification from the refresher 

course without hands-on training will 

last for 3 years. Taking the course 

without hands-on training is optional 

but once a renovator takes the course, 

their next refresher course must include 

hands-on training and be taken within 

3 years of their previous certification. 

The certification from taking a course 

with hands-on training will last for 5 

years. 

Many commenters stated that 

allowing the refresher course to be 

taught entirely via e-learning would 

result in more trained contractors. One 

commenter stated the e-learning course 

would allow for wider adoption of the 

rule resulting in higher compliance. 

Another commenter stated that this will 

benefit homeowners by having more 

trained renovators in the field. One 

commenter who is in favor of e-learning 

training stated that when he took his 

initial renovator training, he spent 2 

days traveling to and from the training 

and another day taking the class. Elearning training would have saved this 

person travel costs and time away from 

work. EPA agrees that a refresher 

training taught entirely online via elearning would result in more 

renovators taking the training. Without 

the hands-on requirement, renovators 

seeking recertification would be able to 

take the course entirely via e-learning 

without having to travel to a training 

location to perform the hands-on 

activities. This change will make it 

easier for renovators to take the 

refresher training, especially renovators 

who live far from a training facility. 

Renovators will save time and travel 

costs by taking the course from a single 

location, possibly their own home. 

Although the e-learning training will 

only be allowed for every other refresher 


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training, EPA believes that the 

associated burden and cost savings will 

lead to more renovators taking the 

refresher training and becoming 

recertified. Having more renovators take 

the refresher training will lead to a 

higher number of certified renovators, 

resulting in a workforce better able to 

perform renovations in a lead-safe 

manner. 

Many commenters believe that an inclass course provides better training 

than an e-learning 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 e-learning 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 e-learning course. 

These concerns are another reason EPA 

shortened the certification period for the 

renovator course that does not include 

hands-on training to 3 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 e-learning 

course perpetually without ever having 

classroom refresher training. Further, 

they will have to take the in-class 

training sooner, after only 3 years from 

when they completed the e-learning 

course. 

Many commenters were concerned 

that training providers would have 

difficulty verifying the identity of the 

person taking the course. One 

commenter stated that it would be 

difficult, if not impossible, to verify that 

the person taking the training is, in fact, 

the individual who receives 

certification. Another commenter 

pointed out that a classroom-based 

course reduces the potential for 

misrepresentation and fraud that can 

take place in an online learning 

situation. As one training provider 

explained, there are measures that it 

takes to verify student identity in an elearning course but admitted that there 

is no guarantee that the person taking 

the course is who they claim to be. 

Several commenters suggested possible 

solutions, such as tracking IP addresses 

or taking a picture of the student 

without notice to verify their identity. 

These commenters’ suggestions, as well 

as others, do not appear to be practical 

methods to verify student identity. EPA 

has already employed more practical 

methods of verifying student 

participation when accrediting a 

training program to offer these refresher 

training courses for renovation: Each 

student is assigned a unique identifier 

to launch and re-launch the course, each 

student completes periodic knowledge 

checks equivalent to the number and 

content of those in EPA’s model course, 

and each student is tested with at least 

20 questions and scores at least 80% for 

successful completion. EPA recognizes 

the possibility that someone could have 

another person take the course for him 

or her; however, there are potential 

penalties for those who do this. 

Pursuant to 18 U.S.C. 1001, it is a 

criminal violation to knowingly and 

willfully make a false or fraudulent 

statement in any matter within EPA’s 

jurisdiction. Furthermore, if a renovator 

is tempted to have someone else take 

the course for them, they will know that 

they will have to take the course in 

person for their next certification, 

ensuring that their identity can be 

verified, because the e-learning course 

can only be taken once every other 

certification. 

EPA understands that there may be 

disadvantages to e-learning training. 

However, the Agency expects that the 

associated burden and cost savings of 

the rule will lead to more renovators 

taking the refresher training and 

becoming recertified than would have 

done so otherwise. The Agency believes 

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. 

B. Jurisdictions 

On June 9, 1999, 40 CFR part 745, 

subpart L, was amended to include a fee 

schedule for training programs seeking 

EPA accreditation and for individuals 

and firms seeking EPA certification (Ref. 

5). These fees were established as 

directed by TSCA section 402(a)(3), 

which requires EPA to recover the cost 

of administering and enforcing the LBP 

Activities requirements in States 

without authorized programs. The fee 

schedule created a multi-jurisdiction 

registration fee which applies to 

individuals, firms and training programs 

that provide training or perform leadbased paint activities in more than one 

State administered by the EPA program. 

This fee is applied per discipline for 

each additional EPA-administered State 

in which the applicant seeks 

certification/recertification or 

accreditation/reaccreditation. An EPAadministered jurisdiction is either an 

individual State without an authorized 

program or all Tribes without 

authorized programs in a given EPA 

Region. 

The multi-state jurisdiction fee of $35 

was based on the estimated burdens 

required for Agency clerical, technical, 

and managerial staff to perform tasks 

associated with adding jurisdictions to a 

certification or accreditation. Tasks 

include entering the information into a 

database, approving or disapproving the 

application and generating and mailing 

a certificate to the applicant. After years 

of implementing the LBP Activities 

Program, the Agency believes that 

separate certifications for each EPAadministered State jurisdiction are not 

necessary. In particular, EPA does not 

believe it is necessary for the Agency to 

certify or accredit the same applicant 

multiple times; certification in one EPAadministered State jurisdiction should 

be sufficient to perform work in any 

other EPA-administered State. 

Accordingly, the Agency is eliminating 

the requirement for separate 

certifications in each EPA-administered 

State jurisdiction in the LBP Activities 

Program. Regulated entities will no 

longer have to send an application and 

fees to EPA for the purpose of adding 

additional EPA-administered State 

jurisdictions to their certification or 

accreditation. Now when a regulated 

entity applies to EPA and receives 

certification in the LBP Activities 

Program, they will be able to work in 

any EPA-administered State. 

EPA received many comments on its 

proposal to remove jurisdictions from 

the LBP Activities Program. Most 

comments were in support of 

eliminating jurisdictions. Commenters 

who opposed the proposed removal 

were confused about what EPA was 

proposing, believing that the Agency 

was going to change the requirements 

for States to become authorized to 

implement the LBP Activities Program. 

The Agency is not changing the State 

authorization requirements, nor did it 

propose to do so. EPA is promulgating 

the revisions as proposed by eliminating 

jurisdictions in the LBP Activities 

Program administered by EPA. 

Now that jurisdictions in EPA’s LBP 

Activities Program have been removed, 

firms, individuals and training 

providers will receive one certificate 

that will allow them to work in all EPAadministered States instead of one 

certificate per State. Certificates issued 

before this final rule are still valid until 

their expiration and regulated entities 

will not need their certificates replaced 


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because of this rule. In addition, a 

previous certification in a single EPAadministered jurisdiction allows firms, 

individuals and training providers to 

perform lead-based paint activities in all 

EPA-administered jurisdictions until the 

expiration of that certification. 

C. Clarification Regarding Training 

Provider Application Requirements 

EPA is clarifying the application 

regulations for accredited training 

providers under the RRP rule (Ref. 1) 

and LBP Activities rule (Ref. 2). It was 

brought to the Agency’s attention that 

the regulations did not specifically state 

what constituted a violation of the 

regulations at 40 CFR 745.225. For 

example, some other regulatory 

provisions, such as 40 CFR 745.87, 

specifically list various activities that 

are considered a violation of TSCA. 

Accordingly, the Agency proposed to 

add clarifying language explaining that 

training providers must follow the 

requirements in that section. EPA 

believes that accredited training 

providers already understand this, but 

EPA proposed to add the clarifying 

language to ensure understanding of the 

requirements—similar to what has been 

done in other regulations. This 

clarifying language does not change any 

requirements for accredited training 

providers. 

The Agency received few comments 

on the clarification. Most of the 

comments expressed general support for 

the proposed change. One commenter 

said that the current requirements are 

specific and the clarification is not 

necessary. EPA disagrees with this 

comment. The language in 40 CFR 

745.225 did not specifically say that a 

failure to follow the requirements of that 

section was a violation. While it is 

likely that many training providers 

already understand that, EPA believes it 

is important to make it clear in the 

regulations in order to eliminate any 

confusion about what constitutes a 

violation. Therefore, EPA is finalizing 

the changes as proposed by adding the 

clarifying language to 40 CFR 745.225. 

D. Correction to Training Notification 

Requirements 

The regulatory text of the final RRP 

rule in 2008 (Ref. 1) inadvertently 

omitted a requirement for accredited 

providers of renovation training to 

provide notification to EPA after each 

training course the provider delivers. 

The provision was designed to supply 

important information regarding 

certified renovators for EPA’s 

compliance monitoring efforts. In 2009, 

EPA issued a rule (Ref. 6) to correct this 

omission by amending 40 CFR 

745.225(c)(14) to require post-course 

notifications from accredited providers 

of renovator or dust sampling technician 

training. The 2009 rule also included 

conforming changes to 40 CFR 

745.225(c)(14)(iii) to include the correct 

name of the sample post-course 

notification form and to make it clear 

that all methods of post-course 

notification are available to both 

renovation training providers and LBP 

Activities training providers. As 

amended, 40 CFR 745.225(c)(14) 

required renovation training providers 

to notify EPA no later than 10 business 

days following course completion. 

Although EPA identified this 

requirement in its cost estimates in 

2008, the regulatory provision was 

subsequently overwritten by another 

rulemaking. Specifically, in a 2011 rule 

(Ref. 7), the regulatory language 

inadvertently removed the regulatory 

text that was added to 40 CFR 

745.225(c)(14)(i) by the 2009 rule. In 

January 2015, EPA proposed to add the 

same language back to 40 CFR 

745.225(c)(14)(i) that was included in 

the 2009 rule. 

EPA received several comments about 

the correction to the notification 

regulations. Two commenters said they 

had no objection to the correction. 

Another commenter said simply that he 

supported the proposed change. No 

commenters opposed making the 

correction. EPA is promulgating the 

revision as proposed. 

E. Notifications for E-Learning Trainers 

As explained in the preamble to the 

proposed rule, EPA considered 

modifying the requirements regarding 

online training notifications by 

requiring training providers that teach 

the e-learning refresher course to submit 

notifications via the internet. For years, 

training providers have had the option 

of submitting notifications 

electronically via EPA’s Central Data 

Exchange (CDX). The CDX system is 

designed to streamline the notification 

process for training providers and EPA 

alike, and to perform basic validations 

of electronic submissions that reduce 

common errors in notifications 

otherwise submitted on paper. 

Submitting notification via the internet 

reduces the burden on the training 

providers and the Agency, as well as 

saving taxpayer dollars. 

The Agency requested comment on 

whether it should require training 

providers to submit online notifications 

for the refresher course that does not 

include hands-on training. EPA received 

one comment submitted by a training 

provider who supported the 

requirement. No commenters opposed 

the change. Based on the benefits of 

online notifications, EPA is 

promulgating a requirement that 

training providers that teach the 

renovator refresher course without 

hands-on training must submit their 

post-training notifications via the 

internet. Most, if not all, of the refresher 

courses without hands-on training will 

be taught via e-learning since there will 

be no need for students to take the 

course in person. EPA believes that 

trainers who teach an e-learning course 

clearly have the technical knowledge 

and ability to submit their post-training 

notifications via the internet and it is 

therefore appropriate to promulgate this 

requirement. As stated later in this Unit, 

these trainers will not have to submit 

pre-training notifications; therefore, this 

requirement only applies to posttraining notifications. 

EPA also requested comment on how 

it should modify the notification 

requirements to accommodate training 

taught entirely via e-learning. Training 

providers submit both a pre-training and 

post-training notification for each 

course that they teach. Now that the 

renovator refresher training can be 

taught entirely online via e-learning, 

there will be no classroom session for 

which to notify EPA for the e-learning 

class. Consequently, pre-training 

notifications will not be required for 

such courses. Because the training 

provider will still need to send to EPA 

the names of the students who 

completed the e-learning course, posttraining notifications are still required. 

EPA received several comments 

regarding how it should modify the 

post-training notification requirements. 

One commenter said that EPA should be 

notified as soon as the student 

completes the course. Another 

commenter stated that post-training 

notifications should be sent quarterly, or 

at most monthly. EPA believes that 

submitting notifications at the time the 

student finishes the course would be too 

burdensome for training providers. 

Furthermore, it is not necessary for 

student information to be submitted the 

same day the course is completed. On 

the other hand, with quarterly 

notifications, information for some 

students would not be submitted to EPA 

for almost three months after the 

training was completed. There are times 

when EPA uses the information from 

notifications to verify whether a certain 

person is a certified renovator. A delay 

of three months increases the likelihood 

of this information not being available 

when the Agency needs it. As a 

compromise, and as one of the 

commenters suggested, the Agency is 

requiring the notifications to be 


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submitted every month. Specifically, for 

renovator refresher courses without 

hands-on training, training providers 

must submit post-training notifications 

to EPA anytime from the first to tenth 

day of the month that includes the 

required information on students who 

completed the course in the previous 

month. 

The Agency is requiring training 

providers that teach the refresher 

training entirely online via e-learning to 

include the expiration of the renovator’s 

certification in the post-training 

notification. Now that renovator 

certifications can be either 3 or 5 years, 

it is important to have the expiration 

date on the notification so EPA can tell 

when the renovator’s certification 

expires and whether he or she took the 

course that is taught entirely online via 

e-learning. The Agency is also requiring 

course completion certificates for all 

renovator courses to include the 

expiration of the certification. Because 

of the two different certification 

timeframes, it is important for the 

certificate to clearly state when the 

certification expires. This information 

may be of help to various parties 

including homeowners and training 

providers. Homeowners may want to 

verify that the certified renovators 

working in their homes are currently 

certified. Training providers who teach 

the refresher training are required to 

verify whether the student is eligible to 

take the refresher training which would 

be difficult to do without knowing when 

the renovator’s certification expires. 

F. Grandfathering 

In the 2008 RRP rule (Ref. 1), EPA 

created a grandfather provision that 

allowed renovators who have taken an 

EPA, Department of Housing and Urban 

Development (HUD), or EPA/HUD 

model renovation training course, to 

take the 4-hour refresher renovator 

training in lieu of the 8-hour initial 

course to receive their initial 

certification. In a subsequent 

rulemaking, the regulations were 

changed (Ref. 7) to allow renovators to 

take advantage of the provision only if 

they had taken the prerequisite course 

before October 4, 2011. Now that the 

Agency is allowing a refresher course 

that does not have a hands-on 

requirement, the grandfather provision 

would have allowed a student to receive 

initial renovator certification by taking 

an e-learning refresher course that does 

not have hands-on training. EPA 

received several comments about the 

grandfather provision. Commenters 

were concerned that, under the 

proposal, renovators would be able to 

take the refresher course without handson training as their initial renovator 

training. 

EPA believes that it is important for 

renovators to have hands-on training 

when they receive their initial 

certification. To address commenters’ 

concerns, EPA will ensure that all 

renovators have hands-on training when 

they get their initial certification, by 

requiring renovators who take advantage 

of the grandfather provision to take a 

refresher training that includes handson training. Therefore, only renovators 

that have received their initial 

certification under the RRP program 

may take the renovator refresher course 

that does not include hands-on training. 

III. Economic Analysis 

EPA’s economic analysis of the 

potential costs and savings associated 

with this action (Ref. 3), is available in 

the docket and is briefly summarized in 

this Unit. 

The rule amendments do not preempt 

regulations by states, territories, or tribal 

governments that have their own 

authorized lead programs, so these 

estimates only reflect changes in EPAadministered jurisdictions. 

Over 500,000 renovators have been 

trained and certified under the federal 

RRP program since renovator training 

became mandatory in 2010. Since a 

large number of renovators received 

their initial certification in the first year 

of the program, there will be some 

initial cyclicality in the annual number 

of renovators recertified. However, this 

cyclicality will decrease over time as 

trained renovators exit the industry and 

are replaced by new entrants. EPA’s 

analysis makes the simplifying 

assumptions that under the existing 

regulation (where all refresher training 

is valid for 5 years) there will be a 

steady state average of 100,000 

renovators per year with expiring 

certifications, and 30,000 renovators per 

year will leave the industry and be 

replaced by new entrants who must take 

the initial training course. So an average 

of 70,000 renovators per year would 

take the refresher course in the baseline. 

In the baseline, both initial and 

refresher renovator training must have a 

hands-on component, and renovator 

certification and recertification are both 

valid for 5 years. EPA considered 

several options for revising the handson requirement for renovator refresher 

training. The options differed in terms 

of the length of time for which 

recertification based on refresher 

training without a hands-on component 

would be valid, as well as the number 

of training cycles in which hands-on 

refresher training would have to be 

taken (i.e., every other time, every third 

time, or never). The options that EPA 

analyzed are summarized in Table 1. 

The final rule reflects the refresher 

training 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 


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The Final Rule Is Option 4(c) 

Allowing refresher training to be 

taught without the hands-on component 

will reduce costs for training providers 

because they will no longer have to 

purchase the supplies required for 

hands-on training. As a result, the 

average cost per student of providing 

such a course is expected to be $45 less 

than the baseline cost. Some or all of 

these savings may be passed on to the 

students in the form of lower tuition. 

Refresher training without a hands-on 

component can be taken entirely online 

via e-learning. Most training providers 

currently offering the classroom portion 

of a renovator training course online 

charge the same tuition whether the 

class is taken in person or online, 

suggesting that the costs of providing elearning and in-person training are 

similar. But renovators taking a course 

entirely via e-learning will avoid the 

time and associated expenses needed to 

travel to a training site, at an average 

savings of $144 per person. 

Due to the cost savings, as many as 

400 training providers might offer 

refresher training via e-learning if the 

hands-on requirement is revised, and 

many renovators will take their training 

via e-learning. But some renovators will 

still choose to take their training in 

person even when they are eligible for 

an e-learning class. EPA considered 

three different scenarios for how 

renovators might respond if the handson requirement is modified, assuming 

that 50%, 75%, or 90% of renovators 

would choose to take their training 

online if they are allowed to do so. This 

means that at least 10%, 25%, or 50% 

of renovators would choose to take all 

of their training in person under each 

option. And under Options 2 and 4, 

renovators who chose to take training 

without a hands-on component would 

have to take hands-on training in a 

subsequent training cycle. So under 

these options, the number of renovators 

being trained in person in any given 

year exceeds 10%, 25%, or 50% of the 

total number of renovators trained that 

year. Table 2, lists the annual number of 

renovators trained under each option. 

To simplify the analysis, renovators are 

assumed to take training without a 

hands-on component via e-learning, 

although the rule would also allow such 

training to be taken in person. The range 

in the results for each option reflects the 

different scenarios for the number of 

renovators electing to take e-learning 

training. 

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) 

The rule amendments also change the 

notification requirements for training 

courses. Post-training notifications will 

have to include the expiration date for 

each renovator’s certification, but it 

takes a negligible effort for the training 

provider to submit this information. 

Training providers will not be required 

to submit pre-notifications for e-learning 

courses that have no in-person 

component, which will reduce the total 

number of submissions by between 

4,000 and 7,000 per year. The 

amendments also allow training 

providers to submit post-notifications 

once a month for e-learning courses that 

have no in-person component, instead 

of no later than ten business days 

following course completion. Such 

monthly notifications would have to be 

submitted though EPA’s CDX system, 

but approximately 92% of notifications 

are already submitted via CDX. 

Assuming that 400 training providers 

offer e-learning refresher training, up to 

4,800 post-training notifications could 

be submitted for e-learning training each 

year. This is a reduction compared to 

the number of post-training notifications 

that would be submitted if the 

amendments did not allow monthly 

reporting for e-learning training, and it 

is partially offset by a reduction in the 

number of post-training notifications for 

in-person classes. 

And the rule removes the $35 multijurisdiction registration fee that 

individuals, firms, and training 

providers currently pay when they 

apply to perform lead-based paint 

activities or provide training for that 

program in additional EPAadministered jurisdictions. In a typical 

year, these entities apply to work in a 

total of 431 additional jurisdictions. 

The rule requires training providers to 

include the expiration date of the 

renovator’s certification in the posttraining notification, but the time 

required to do this is negligible. The 

rule also clarifies the requirements for 

the time-frame to submit post-training 

notifications for in-person training 

courses. The burden and cost of this 

activity were already accounted for in 

previous economic analyses and ICRs 

for the lead program, and are not 

repeated here in order to avoid doublecounting these costs. Another revision 

adds clarifying language explaining that 

training providers must follow the 

regulations. This does not affect the 

estimated cost of compliance because it 

does not change any requirements for 

accredited training providers. 

Table 3, presents the total cost savings 

of the rule options, including modifying 

the notification requirements for 

training providers, and removing the 

multi-jurisdiction fee. The final rule, 

which is Option 4(c), is estimated to 

result in cost savings of $1.8 million to 

$3.4 million per year (in 2014 dollars). 

The rule reduces the cost of providing 

and taking refresher training enough 

that compliance costs decrease even 

though reducing the certification period 

to 3 years for renovators taking refresher 

training without a hands-on component 

is projected to increase the total number 

of renovators trained per year. 


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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. Hands-on training required every 2 

cycles.

$0.5 to $1.0. 

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

IV. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. Lead; Renovation, Repair, and Painting 

Program; Final Rule. Federal Register April 

22, 2008 (73 FR 21692) (FRL–8355–7). 

2. Lead; Requirements for Lead-Based Paint 

Activities in Target Housing and ChildOccupied Facilities; Final Rule. Federal 

Register August 29, 1996 (61 FR 45778) 

(FRL–5389–9). 

3. EPA. Economic Analysis for the LeadBased Paint Program Minor Amendments 

Final Rule (Economic Analysis). October 

2015. 

4. EPA. Response to Public Comments; 

Lead-based Paint Programs; Amendment to 

Jurisdiction-Specific Certification and 

Accreditation Requirements and Renovator 

Refresher Training Requirements 

Rulemaking. October 2015. 

5. Lead; Fees for Accreditation of Training 

Programs and Certification of Lead-based 

Paint Activities Contractors; Final Rule. 

Federal Register June 9, 1999 (64 FR 31091) 

(FRL–6058–6). 

6. Lead; Minor Amendments to the 

Renovation, Repair, and Painting Program; 

Final Rule. Federal Register July 15, 2009 (74 

FR 34257) (FRL–8422–7). 

7. Lead; Clearance and Clearance Testing 

Requirements for the Renovation, Repair, and 

Painting Program; Final Rule. Federal 

Register August 5, 2011 (76 FR 47918) (FRL– 

8881–8). 

8. EPA. Information Collection Request 

(ICR) for TSCA sections 402 and 404 

Training, Certification, Accreditation and 

Standards for Lead-Based Paint Activities 

and Renovation, Repair, and Painting. EPA 

ICR No. 2502.02 and OMB No. 2070–0192. 

October 2015. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is a significant regulatory 

action that was submitted to the Office 

of Management and Budget (OMB) for 

review under Executive Orders 12866, 

October 4, 1993 (58 FR 51735) and 

13563, January 21, 2011 (76 FR 3821) 

and any changes made in response to 

OMB recommendations are documented 

in the docket. 

EPA prepared an economic analysis of 

the potential cost savings associated 

with this action (Ref. 3), which is 

available in the docket and is briefly 

summarized in Unit III. 

B. Paperwork Reduction Act (PRA) 

The information collection 

requirements in this rule have been 

submitted to OMB for review and 

approval under the PRA, 44 U.S.C. 3501 

et seq. The ICR document prepared by 

EPA has been assigned EPA ICR No. 

2502.02 and the OMB Control No. 2070– 

0192 (Ref. 8). The ICR document 

provides a detailed presentation of the 

estimated burden and costs predicted as 

a result of this action. You can find a 

copy of the ICR in the docket for this 

rule, and it is briefly summarized here. 

The information collection requirements 

are not enforceable until OMB approves 

them. 

Respondents/Affected Entities: The 

rule affects information collection 

activities by training providers that wish 

to offer e-learning refresher training and 

by renovators that attend training. 

Respondent’s Obligation to Respond: 

Although training providers have the 

option of choosing whether to offer such 

training, once an entity chooses to do 

so, the information collection activities 

contained in this rule become 

mandatory. 

Estimated Number of Respondents: 

25,048 per year, of which 400 are 

training providers, 9,859 are renovators 

who take refresher training more 

frequently because their previous 

training did not include a hands-on 

component, and 14,789 are renovators 

who do not travel to refresher training 

because they utilize e-learning. 

Frequency of Response: 1, on 

occasion. 

Total Estimated Burden: 15,472 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total Estimated Burden Cost: 

$724,073 (per year), includes $0 

annualized capital or operation & 

maintenance costs. 

Change in Approved Burden: The 

total burden in OMB’s inventory for the 

existing, approved ICR for the lead paint 

program is 6,463,297 hours (OMB 

Control No. 2070–0195, EPA ICR No. 

2507.01). With the addition of the 

15,472 hours related to this rule 

amendments (which qualifies as a 

program change), the total annual 

burden for the lead paint program is 

estimated to be 6,478,769 hours. This is 

comprised of a reduction of 26,620 

hours for renovators that take e-learning 

training and thus do not travel to a 

training site, an increase of 39,436 hours 

for more frequent training of renovators 


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who took their previous training 

without a hands-on component, and 

2,656 hours due to additional training 

provider activities. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. When 

OMB approves this ICR, the Agency will 

announce that approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities. An 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. 

Eliminating multi-jurisdiction 

registration fees saves money for entities 

that wish to perform LBP activities in 

multiple jurisdictions. The rule also 

allows training providers (many of 

which are small businesses) additional 

flexibility in how they offer training. Elearning training is already allowed for 

the classroom component of both initial 

and refresher training, and training 

providers can choose whether or not to 

offer it. The amended rule still allows 

training providers to choose what type 

of training to offer because they can 

continue to offer refresher training with 

a hands-on component, begin offering elearning training without the hands-on 

component, or offer both types of 

training. 

Training providers that voluntarily 

choose to start offering e-learning 

refresher training without a hands-on 

component would incur costs for some 

activities (e.g., applying for a new 

accreditation) but they would reduce 

other expenses (e.g., supplies for the 

hands-on training). See the Economic 

Analysis (Ref. 3) for additional 

information on the potential costs and 

savings of these activities. Because there 

is no requirement mandating that 

training providers offer an e-learning 

refresher course, training providers will 

not choose to offer e-learning training 

unless the savings from doing so exceed 

the costs, or if they can recover their 

costs through tuition charges, increased 

volume of business, or other means. The 

rule requires training providers to 

include the expiration date of the 

renovator’s certification in the posttraining notification, but the time 

required to do this is negligible. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

rule amendments do not preempt 

regulations by states, territories, or tribal 

governments that have their own 

authorized lead programs, so those 

jurisdictions are not required to change 

their programs. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132, August 10, 1999 (64 FR 

43255). It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175, November 9, 2000 (65 FR 

67249). The rule amendments do not 

preempt regulations by tribal 

governments that have their own 

authorized lead programs, so those 

jurisdictions are not required to adopt 

these amendments. Tribal governments 

can serve as training providers, and 

those training providers that choose to 

offer e-learning refresher renovator 

training would incur costs for some 

activities (such as applying for a new 

accreditation) but they would reduce 

other expenses (such as supplies for the 

hands-on training). However, there is no 

requirement mandating that training 

providers offer an e-learning refresher 

course. So training providers will not 

choose to offer e-learning training 

unless the savings of doing so exceed 

the costs, or if they can recover their 

costs through tuition charges or other 

means. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045, April 23, 1997 (62 FR 

19885) because it is not an economically 

significant regulatory action as defined 

by Executive Order 12866, and because 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. Furthermore, the requirements in 

the lead program will continue to 

protect children, since renovators will 

still be required to take an 8 hour initial 

training that includes a hands-on 

component; they will still have to take 

regular refresher training; the refresher 

training will have to include a hands-on 

component every other training cycle; 

refresher training without a hands-on 

component will only be valid for 3 

years; and renovators will still have to 

comply with the work practice 

requirements for renovation, repair or 

painting activities that disturb leadbased paint. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a significant energy 

action as defined in Executive Order 

13211, May 22, 2001 (66 FR 28355), 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Further, 

this rule is not likely to have any 

adverse energy effects because it does 

not require any action related to the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rule does not involve technical 

standards and is therefore not subject to 

considerations under section 12(d) of 

NTTAA, 15 U.S.C. 272 note. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations as specified in 

Executive Order 12898, February 16, 

1994 (59 FR 7629). This action does not 

directly affect the level of protection 

provided to human health or the 


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environment. The rule removes multijurisdiction fees for the LBP Activities 

program, revises the hands-on 

requirement for refresher renovator 

training, and changes the notification 

requirements for training providers. 

However, renovators will still be 

required to take an 8 hour initial 

training that includes a hands-on 

component; they will still have to take 

regular refresher training; the refresher 

training will have to include a hands-on 

component every other training cycle; 

refresher training without a hands-on 

component will only be valid for 3 

years; and renovators will still have to 

comply with the work practice 

requirements for renovation, repair or 

painting activities that disturb leadbased paint. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Lead, 

Lead-based paint, Renovation. 

Dated: February 10, 2016. 

Gina McCarthy 

Administrator. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 745—[AMENDED] 

■ 1. The authority citation for part 745 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2681– 

2692 and 42 U.S.C. 4852d. 

■ 2. In § 745.90: 

■ a. Revise paragraph (a)(2). 

■ b. Revise paragraph (a)(4). 

The revisions read as follows: 

§ 745.90 Renovator certification and dust 

sampling technician certification. 

(a) * * * 

(2) Individuals who have successfully 

completed an accredited abatement 

worker or supervisor course, or 

individuals who successfully completed 

an EPA, HUD, or EPA/HUD model 

renovation training course before 

October 4, 2011 may take an accredited 

refresher renovator training course that 

includes hands-on training in lieu of the 

initial renovator training course to 

become a certified renovator. 

* * * * * 

(4) To maintain renovator certification 

or dust sampling technician 

certification, an individual must 

complete a renovator or dust sampling 

technician refresher course accredited 

by EPA under § 745.225 or by a State or 

Tribal program that is authorized under 

subpart Q of this part within 5 years of 

the date the individual completed the 

initial course described in paragraph 

(a)(1) of this section. If the individual 

does not complete a refresher course 

within this time, the individual must retake the initial course to become 

certified again. Individuals who 

complete a renovator course accredited 

by EPA or an EPA authorized program 

on or before March 31, 2010, must 

complete a renovator refresher course 

accredited by EPA or an EPA authorized 

program on or before March 31, 2016, to 

maintain renovator certification. 

Individuals who completed a renovator 

course accredited by EPA or an EPA 

authorized program between April 1, 

2010 and March 31, 2011, will have one 

year added to their original 5-year 

certification. Individuals who take a 

renovator refresher course that does not 

include hands-on training will be 

certified for 3 years from the date they 

complete the training. Individuals who 

take a refresher training course that 

includes hands-on training will be 

certified for 5 years. Individuals who 

take the renovator refresher without 

hands-on training must, for their next 

refresher course, take a refresher course 

that includes hands-on training to 

maintain renovator certification. 

* * * * * 

■ 3. In § 745.225: 

■ a. Add paragraph (a)(4). 

■ b. Revise the introductory text of 

paragraph (c). 

■ c. Add paragraph (c)(8)(viii). 

■ d. Revise paragraph (c)(13)(i). 

■ e. Revise paragraph (c)(14)(i). 

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

■ g. Revise the introductory text of 

paragraphs (d) and (e). 

■ h. Revise paragraphs (e)(2), (3), and 

(4), and (e)(5)(viii). 

The additions and revisions read as 

follows: 

§ 745.225 Accreditation of training 

programs: target housing and child 

occupied facilities. 

(a) * * * 

(4) Accredited training programs, 

training program managers, and 

principal instructors must comply with 

all of the requirements of this section 

including approved terms of the 

application and all of the requirements 

and limitations specified in any 

accreditation documents issued to 

training programs. 

* * * * * 

(c) Requirements for the accreditation 

of training programs. A training 

program accredited by EPA to offer leadbased paint activities courses, renovator 

courses, or dust sampling technician 

courses must meet the following 

requirements: 

* * * * * 

(8) * * * 

(viii) For renovator course completion 

certificates, the expiration date of 

certification. 

* * * * * 

(13) * * * 

(i) The training manager must provide 

EPA with notification of all renovator, 

dust sampling technician, or lead-based 

paint activities courses offered except 

for any renovator course without handson training delivered via electronic 

learning. The original notification must 

be received by EPA at least 7 business 

days prior to the start date of any 

renovator, dust sampling technician, or 

lead-based paint activities course. 

* * * * * 

(14) * * * 

(i) The training manager must provide 

EPA notification after the completion of 

any renovator, dust sampling, or leadbased paint activities course. This 

notification must be received by EPA no 

later than 10 business days following 

course completion. 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 day of 

the month and include all students 

trained in the previous month. 

(ii) * * * 

(D) * * * 

(7) For renovator refresher courses, 

the expiration date of certification. 

* * * * * 

(d) Minimum training curriculum 

requirements. A training program 

accredited by EPA to offer lead-based 

paint courses in the specific disciplines 

listed in this paragraph (d) must ensure 

that its courses of study include, at a 

minimum, the following course topics. 

* * * * * 

(e) Requirements for the accreditation 

of refresher training programs. A 

training program may seek accreditation 

to offer refresher training courses in any 

of the following disciplines: Inspector, 

risk assessor, supervisor, project 

designer, abatement worker, renovator, 

and dust sampling technician. A 

training program accredited by EPA to 

offer refresher training must meet the 

following minimum requirements: 

* * * * * 

(2) Refresher courses for inspector, 

risk assessor, supervisor, and abatement 

worker must last a minimum of 8 

training hours. Refresher courses for 


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7996 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

project designer, renovator, and dust 

sampling technician must last a 

minimum of 4 training hours. Refresher 

courses for all disciplines except 

renovator and project designer must 

include a hands-on component. 

Renovators must take a refresher course 

that includes hands-on training at least 

every other recertification. 

(3) Except for renovator and project 

designer courses, for all other courses 

offered, the training program shall 

conduct a hands-on assessment. With 

the exception of project designer 

courses, the training program shall 

conduct a course test at the completion 

of the course. Renovators must take a 

refresher course that includes hands-on 

training at least every other 

recertification. 

(4) A training program may apply for 

accreditation of a refresher course 

concurrently with its application for 

accreditation of the corresponding 

training course as described in 

paragraph (b) of this section. If so, EPA 

shall use the approval procedure 

described in paragraph (b) of this 

section. In addition, the minimum 

requirements contained in paragraphs 

(c)(1) through (5), (c)(6)(viii) and (c)(7) 

through (14), and (e)(1) through (3) of 

this section shall also apply. 

(5) * * * 

(viii) The requirements in paragraphs 

(c)(1) through (5), (c)(6)(viii) and (c)(7) 

through (14) of this section apply to 

refresher training providers. 

* * * * * 

■ 4. In § 745.238: 

■ a. Remove paragraph (c)(3). 

■ b. Redesignate paragraphs (c)(4) and 

(5) as (c)(3) and (4). 

■ c. Revise the headings for paragraphs 

(d)(1) and (2). 

■ d. Revise paragraph (e)(2). 

The amendments read as follows: 

§ 745.238 Fees for accreditation and 

certification of lead-based paint activities. 

* * * * * 

(d) * * * 

(1) Certification and re-certification— 

(i) * * * 

(2) Accreditation and re-accreditation. 

* * * 

* * * * * 

(e) * * * 

(2) Submit application and payment 

in the amount specified in paragraph 

(c)(3) of this section in accordance with 

the instructions provided with the 

application package. 

* * * * * 

[FR Doc. 2016–03216 Filed 2–12–16; 4:15 pm] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2015–0001; Internal 

Agency Docket No. FEMA–8421] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 


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