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Page 1 of 30 Rin2070-AK02_EO12866_Lead_MinorAmendments_NPRM_FRdocument_Redline_Revisions_2014- 1 12-15.docx 2 3 

### Revised to address Interagency Comments received under EO 12866 Review. 4 BILLING CODE 6560-50-P 5 ENVIRONMENTAL PROTECTION AGENCY 6 40 CFR Part 745 7 [EPA-HQ-OPPT-2014-0304; FRL-XXXX-X] 8 RIN 2070-AK02 9 Lead-based Paint Programs; Amendment to Jurisdiction-Specific Certification and 10 Accreditation Requirements and Renovator Refresher Training Requirements 11 12 AGENCY: Environmental Protection Agency (EPA). 13 ACTION: Proposed rule. 14 SUMMARY: EPA is proposing three minor revisions to the Lead Renovation, Repair, and 15 Painting (RRP) rule that published in the Federal Register on April 22, 2008, and the Lead16 based Paint (LBP) Activities rule that published in the Federal Register on August 29, 1996. 17 The proposed revisions are intended to improve the day-to-day function of these programs by 18 reducing burdens to industry and the EPA, and by clarifying language for training providers, 19 while retaining the protections provided by the original rules. First, EPA is proposing to 20 eliminate the requirement that the renovator refresher training have a hands-on component. 21 Second, t T he Agency is also proposing to remove jurisdiction-specific certification and 22 accreditation requirements under the Lead-based PaintLBPActivities program. Currently, this 23 program requires that training providers, firms and individuals seek certification in each 24 jurisdiction (e.g., a S s tate) where the organization or person wants to work. Third In addition , 25 EPA is adding clarifying language to the requirements for training providers under both the RRP 26 and LBP Activities programs. 27 DATES: Comments must be received on or before [ insert date 30 days after date of publication 28 Formatted: Line spacing: single*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 2 of 30 in the Federal Register ]. 29 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA30 HQ-OPPT-2014-0304, by one of the following methods: 31

• Federal eRulemaking Portal : http://www.regulations.gov . Follow the online 32 instructions for submitting comments. Do not submit electronically any information you consider 33 to be Confidential Business Information (CBI) or other information whose disclosure is restricted 34 by statute. 35

• Mail : Document Control Office (7407M), Office of Pollution Prevention and Toxics 36 (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 37
20460-0001. 38

• Hand Delivery : To make special arrangements for hand delivery or delivery of boxed 39 information, please follow the instructions at http://www.epa.gov/dockets/contacts.html

. 40 Additional instructions on commenting or visiting the docket, along with more information about 41 dockets generally, is available at http://www.epa.gov/dockets

. 42 FOR FURTHER INFORMATION CONTACT: For technical information contact : Marc 43 Edmonds, National Program Chemicals Division (7404T) , Office of Pollution Prevention and 44 Toxics (7404T) , Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 45 DC 20460-0001; telephone number: ( 202

- ) 566-0758; email address: edmonds.marc@epa.gov

. 46 For general information contact : The TSCA-Hotline, ABVI-Goodwill, 422 South 47 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA48 Hotline@epa.gov

. 49 SUPPLEMENTARY INFORMATION: 50 I. Executive Summary 51 A. Does this Action Apply to Me? 52*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 3 of 30 You may be potentially affected by this action if you operate a training program required 53 to be accredited under 40 CFR 745.225, if you are a firm or individual who must be certified to 54 conduct lead-based paint activities in accordance with 40 CFR 745.226, or if you are an 55 individual who must be certified to conduct renovation activities in accordance with 40 CFR 56 745.90. This proposed rule applies only in States, territories, and tribal areas that do not have 57 authorized programs pursuant to 40 CFR 745.324. For further information regarding the 58 authorization status of States, territories, and Tribes, contact the National Lead Information 59 Center at 1-800-424-LEAD [5323]. 60 The following list of North American Industrial Classification System (NAICS) codes is 61 not intended to be exhaustive, but rather provides a guide to help readers determine whether this 62 document applies to them. Potentially affected entities may include: 63

• Building construction (NAICS code 236), e.g., single-family housing construction, 64 multi-family housing construction, residential remodelers. 65

• Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air66 conditioning contractors, painting and wall covering contractors, electrical contractors, finish 67 carpentry contractors, drywall and insulation contractors, siding contractors, tile and terrazzo 68 contractors, glass and glazing contractors. 69

• Real estate (NAICS code 531), e.g., lessors of residential buildings and dwellings, 70 residential property managers. 71 • Child day care services (NAICS code 624410). 72 • Elementary and secondary schools (NAICS code 611110), e.g., elementary schools with 73 kindergarten classrooms. 74 • Other technical and trade schools (NAICS code 611519), e.g., training providers. 75 • Engineering services (NAICS code 541330) and building inspection services (NAICS 76*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 4 of 30 code 541350), e.g., dust sampling technicians. 77 • Lead abatement professionals (NAICS code 562910), e.g., firms and supervisors 78 engaged in lead-based paint activities. 79 If you have any questions regarding the applicability of this action to a particular entity, 80 consult the technical person listed under FOR FURTHER INFO RMATION CONTACT

. 81 B. What I i s the Agency's Authority for Taking this Action? 82 This proposed rule is being issued under the authority of sections 402(a) and 402(c)(3) of 83 the Toxic Substances Control Act (TSCA), 15 U.S.C. 2682(a) and 2682(c)(3). 84 C. What Action I i s the Agency Taking? 85 EPA is proposing three minor revisions to the RRP rule that published in the Federal 86 Register on April 22, 2008 (Ref. 1) and the Lead-based Paint Activities rule that published in the 87 Federal Registeron August 29, 1996 (Ref. 2). First, EPA is proposing to eliminate the 88 requirement that the renovator refresher training have a hands-on component. Second, t T he 89 Agency is also proposing to remove jurisdictions under the Lead-based PaintLBP Activities 90 program. Currently, this program requires that training providers, firms and individuals seek 91 certification in each jurisdiction (e.g., a S s tate) where the organization or person wants to work. 92 Third In addition , EPA is adding clarifying language to the requirements for training providers 93 under both the RRP and Lead-based PaintLBPActivities programs. 94 D. Why i I s the Agency Taking this Action? 95 The proposed revisions are intended to improve the day-to-day function of these 96 programs by reducing burdens to industry and the EPA and by clarifying language for training 97 providers, while retaining the benefits of the original rules. 98 E. What are the Estimated Incremental Impacts of this Action? 99 EPA has prepared an analysis of the potential costs and impacts associated with this 100*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 5 of 30 rulemaking proposed rule . This analysis is summarized in greater detail in the discussion 101 concerning Executive Order 12866 and Executive Order 13563 in Unit V.A. The following is a 102 brief outline of the estimated incremental impacts of this proposal proposed rule

. 103

 Overall Cc osts. The annualized cost savings of this proposed rule are estimated at 104 approximately $9.6 million per year using a 3% discount rate and $9.8 million per year using a 105 7% discount rate. 106

 Small Ee ntity I i mpacts . The proposed rule will would not have a significant impact on a 107 substantial number of small entities. This proposed rule would relieve regulatory burden for 108 affected small entities, and would not have a direct negative impact on any small entities. 109

 Effects on State, L l ocal, and Tribal Gg overnments . This proposed rule will would not 110 have a significant intergovernmental mandate, significant or unique effects on small 111 governments, or have Federalism implications. 112 F. What Should I Consider as I Prepare My Comments for EPA? 113
1. Submitting CBI . Do not submit this information to EPA through 114 http://www.regulations.gov or email. Clearly mark the part or all of the information that you 115 claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the 116 outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD117 ROM the specific information that is claimed as CBI. In addition to one complete version of the 118 comment that includes information claimed as CBI, a copy of the comment that does not contain 119 the information claimed as CBI must be submitted for inclusion in the public docket. 120 Information so marked will not be disclosed except in accordance with procedures set forth in 40 121 CFR part 2. 122
2. Tips for preparing your comments . When submitting comments, remember to: 123 i. Identify the document by docket ID number and other identifying information (subject 124 Formatted: Font: Italic*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 6 of 30 heading, Federal Registerdate and page number). 125 ii. Follow directions. The Agency may ask you to respond to specific questions or 126 organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 127 iii. Explain why you agree or disagree; suggest alternatives and substitute language for 128 your requested changes. 129 iv. Describe any assumptions and provide any technical information and/or data that you 130 used. 131 v. If you estimate potential costs or burdens, explain how you arrived at your estimate in 132 sufficient detail to allow for it to be reproduced. 133 vi. Provide specific examples to illustra te your concerns and suggest alternatives. 134 vii. Explain your views as clearly as possible, avoiding the use of profanity or personal 135 threats. 136 viii. Make sure to submit your comments by the comment period deadline identified. 137 II. Background 138 In 1992, Congress found that low-level lead poisoning was widespread among American 139 children, affecting, at that time, as many as 3,000,000 children under age 6; that the ingestion of 140 household dust containing lead from deteriorating or abraded lead-based paint was the most 141 common cause of lead poisoning in children; and that the health and development of children 142 living in as many as 3,800,000 American homes was endangered by chipping or peeling lead 143 paint, or excessive amounts of lead-contaminated dust in their homes. Congress further 144 determined that the prior f F ederal response to this threat was insufficient and enacted Title X of 145 the Housing and Community Development Act of 1992 (also known as the Residential Lead146 Based Paint Hazard Reduction Act of 1992 or Title X) (Ref. 3). Title X established a national 147 goal of eliminating lead-based paint hazards in h ousing as expeditiously as possible and provided 148*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 7 of 30 a leadership role for the federal government in building the infrastructure necessary to achieve 149 this goal. 150 Title X amended TSCA to add a new subchapter entitled “Title IV–Lead Exposure 151 Reduction.” Most of EPA’s responsibilities for addressing lead-based paint hazards can be found 152 in this title, with TSCA section 402 being one source of the rulemaking authority to carry out 153 these responsibilities. TSCA s S ection 402(a) of TSCA directs EPA to promulgate regulations 154 covering lead-based paint activities to ensure persons performing these activities are properly 155 trained, that training programs are accredited, and that contractors performing these activities are 156 certified. These r R egulations promulgated under TSCA section 402(a) must contain standards for 157 performing lead-based paint activi ties, taking into account reliabili ty, effectiveness, and safety. 158 On August 29, 1996, EPA promulgated final regulations under TSCA section 402(a) that govern 159 lead-based paint inspections, lead hazard screens, risk assessments, and abatements in target 160 housing and child-occupied facilities (also referred to as the Lead-based PaintLBP Activities 161 regulations) (Ref. 2). The se LBP Activities rule regulations , codified at 40 CFR part 745, subpart 162 L, contained an accreditation program for training providers and training, and certification and 163 work practice requirements for lead-based paint inspectors, risk assessors, project designers, 164 abatement supervisors, and abatement workers. Pursuant to TSCA section 404, provisions were 165 made for interested States, territories, and Trib es to apply for and receive authorization to 166 administer their own Lead-based Paint LBPActivities programs. Requirements applicable to 167 State, territorial, and tribal programs are codified in 40 CFR part 745, subpart Q. 168
TSCA s S ection 402(c) of TSCA pertains to renovation and remodeling activities. TSCA 169

s S ection 402(c)(3) of TSCA requires EPA to revise the regulations issued under TSCA section 170 402(a) to apply to renovation or remodeling activities that create lead-based paint hazards. On 171 April 22, 2008, EPA issued a final regulation applying a revised version of the Lead-based 172*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 8 of 30 PaintLBP Activities regulations rule requirements to renovation, repair, and painting activities in 173 target housing and child-occupied facilities (Ref. 1). Pursuant to the RRP rule, persons 174 performing covered renovation activities must be properly trained, renovators and renovation 175 firms must be certified, and training providers must be accredited (Ref. 1). The requirements of 176 the RRP rule became effective in stages with the entire rule becoming effective as of April 22, 177
2010. 178 III. Proposed Revisions 179 A. Hands-on Training 180 To become certified as a renovator, a person must successfully complete a renovator 181 course accredited by EPA or by a State, territorial, or tribal program authorized by EPA. To gain 182 initial certification, renovators must complete an 8-hour training course. Until October 4, 2011, 183 renovators that successfully completed an EPA, Department of Housing and Urban Development 184 ( HUD ) , or EPA/HUD model renovation training course were able to take the 4-hour refresher 185 renovator training in lieu of the 8-hour initial course. Both of these courses require hands-on 186 training. Trainings are taught either in a classroom or via electronic learning (e-learning). In an 187 e-learning course, students take the lecture portion of the course over the Internet and then travel 188 to a training facility to perform the hands-on activities and take the exam. To maintain 189 certification, renovators must complete a renovator refresher course within five 5 years of the 190 date the individual completed their previous renovator training. Renovators who received their 191 initial certification before April 22, 2010, however, have until July 1, 2015 , to take the refresher 192 training to maintain certification. If the renovator does not complete the course within the 193 required timeframe, the individual must retake the initial 8-hour course to become certified 194 again. 195 The 8-hour initial training includes hands-on training in testing for lead in paint, methods 196*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 9 of 30 for minimizing the creation of dust and lead-based paint hazards, interior and exterior 197 containment and cleanup methods, and cleaning verification. Activities covered include the use 198 of EPA-recognized test kits, setting up barriers, covering furniture, ducts, and carpeted floors 199 with plastic, mopping floors, bagging waste, and determining that the work area has been 200 adequately cleaned. Each student performs these activities in front of an instructor who 201 determines if the student is proficient in each one. Students must be deemed proficient in order to 202 pass the class and become certified. The current version of the renovator refresher course 203 includes hands-on training in testing paint for lead and cleaning verification. 204 At the time the RPP R rule became effective it was important to have hands-on training in 205 the refresher course because certain renovators were eligible to take only the refresher course to 206 receive their initial certification (i.e., renovators who completed a prerequisite training). After 207 October 4, 2011, however, renovators could no longer take the refresher course to gain initial 208 certification even if they were previously eligible to take the refresher course in lieu of the initial 209 course. From that date forward, all renovators taking the refresher course will already have 210 received hands-on training as part of their initial renovator certification (i.e., an initial or 211 refresher course). Now that renovators will take the refresher course only after being initially 212 certified in a way that includes hands-on training, EPA believes it is less important for the 213 refresher course to include hands-on training. In addition, renovators that are seeking 214 recertification have been practicing the hands-on skills on renovation jobs during their 5-year 215 certification. Furthermore, due to the less technical nature of work practices taught in the 216 renovator course versus those taught in the abatement course, EPA believes performing hands-on 217 activities once is sufficient to teach renovators the skills they need to perform renovations 218 following the RRP rule work practices. 219*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 10 of 30 In addition, by eliminating this requirement, renovators seeking recertification will be 220 able to take the course entirely online without having to travel to a training location to perform 221 the hands-on activities. This change will make it easier for renovators to take the refresher 222 training, especially renovators who live far from a training facility. Renovators will save time 223 and travel costs by taking the course from a single location, possibly their own home. If taking 224 the training is made easier, EPA believes that more renovators will take the refresher training and 225 become recertified. Having more renovators take the refresher training will lead to a higher 226 number of certified renovators, resulting in a workforce better able to perform renovations in a 227 lead-safe manner. For these reasons, EPA believes it is appropriate to eliminate the hands-on 228 training in the renovator refresher course. The Agency requests comment on eliminating the 229 requirement to include hands-on training in the renovator refresher course. 230 While the Agency believes that the hands-on requirement in the renovator refresher 231 course is no longer necessary, it has not ruled out having hands-on activities that are performed 232 via e-learning instead of in person. This would allow instructors to assess the student’s skills 233 without having the student travel to a classroom. EPA requests comment on how the hands-on 234 portion of the refresher course could be performed by the student and assessed by the instructor 235 via e-learning. 236 Another option for maintaining the hands-on requirement in the renovator refresher 237 course is to modify it to make it less burdensome for trainers and students. For example, the 238 requirement could be changed so the hands-on portion of the course is only required every other 239 time a renovator gets recertified instead of every 5 years. Under this scenario, the renovator 240 would only have to take the hands-on training once every 10 years. The Agency requests 241 comment on possible alternative approaches to conducting the hands-on skills to make the 242 training less burdensome. 243*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 11 of 30 The Agency does not intend to eliminate the hands-on activities in the refresher courses 244 for the other lead-based paint program disciplines: R r isk assessor, inspector, supervisor, 245 abatement worker and dust sampling technician. The work performed by these disciplines 246 involves highly specialized skills which individuals must learn in training courses accredited by 247 EPA or authorized States, territories, and Tribes. For example, a significant portion of an 248 abatement worker’s training is focused on abatement techniques and selection of the appropriate 249 course of action for a variety of hazards. Renovators, on the other hand, do not seek to 250 permanently eliminate lead hazards; instead they perform maintenance and improvement tasks as 251 directed by the consumer. Thus, the goal of EPA’s renovator training and certification program is 252 not to update the methodology a renovator uses to accomplish these tasks (i.e., how to be 253 painters, plumbers, or carpenters), but rather to ensure that persons who already know how to 254 perform renovations perform their typical work in a lead-safe manner. Because of the technical 255 nature of the work performed by risk assessors, inspectors, supervisors, abatement workers and 256 dust sampling technicians, the Agency believes th at it is important for their refresher training 257 courses to include hands-on learning. 258 Currently, training providers are required to submit both a pre-training and post-training 259 notification for each course that they teach. Both types of notifications must contain information 260 about the course including, but not limited to, date, time and location. The post-training 261 notification must also include information about the trainees including name, address and test 262 score, among other things. Pre-training notifications must be submitted at least 7 business days 263 prior to the start of the course. Post-training notifications must be submitted no later than 10 264 business days following course completion. The notification requirements help EPA monitor 265 compliance with the training and certification provisions of the RRP and Lead-based PaintLBP 266 Activities programs. Training providers that teach online courses must submit pre- and post- 267*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 12 of 30 training notifications for each hands-on training se ssion they teach. If the Agency eliminates the 268 hands-on requirement for the refresher training then there will be no classroom session for which 269 to notify EPA. Because the training provider will still need to send the names of the students to 270 EPA, the notification requirements will need to be changed. The Agency requests comment on 271 how it should modify the notification requirements to accommodate a training taught entirely 272 online. 273 In the absence of more particular information regarding the number of renovators that 274 may take an online class to complete the required refresher training, EPA assumes that 98% of 275 renovators will take the online training if the hands-on requirement is removed, based on the 276 significant cost savings that would result from reduced tuition costs and by avoiding the time and 277 associated expenses needed to travel to a training site. EPA requests comment on this 278 assumption. EPA also requests comment and supporting information on the savings that would 279 accrue to renovators if EPA removes the hands-on training requirement for renovator refresher 280 courses; whether the tuition is likely to differ for online and in-person refresher training; and 281 how the costs training providers would incur to offer online refresher training courses compare to 282 the costs of offering courses in person. 283 The Agency is considering a further modification to the notification requirements 284 regarding online notifications. For years, training providers have had the option of submitting 285 notifications electronically via EPA’s Central Data Exchange (CDX)

. ; 63% of training providers 286 opted to do so in the past year. The CDX system is designed to streamline the notification 287 process for training providers and EPA alike, and to perform basic validations of electronic 288 submissions that reduce common errors in no tifications otherwise submitted on paper. 289 Depending on how the notification requirements are modified, training providers may find it 290 more efficient and less burdensome to submit notifications to EPA electronically if the hands-on 291*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 13 of 30 refresher training requirement was eliminated. Such a change could result in an increased rate of 292 electronic reporting of training notifications to EPA. To reduce the burden on the Agency and 293 save taxpayer dollars, EPA will consider requiring training providers that teach the online 294 refresher renovator course to submit their notifications for that course online. The Agency 295 requests comment on whether it should require training providers to submit notifications online 296 for the online refresher course. 297 The Agency is concerned that, by the time a final rule is published, many renovators will 298 have already taken the refresher training that includes the hands-on learning and will have 299 missed out on the burden savings that this proposed rule would provide. In light of this, EPA is 300 considering extending the certifications for a portion of renovators so they would be able to 301 realize the benefits of this proposed rule. For example, the Agency could extend for 6 months the 302 renovator certifications that expire by July 1, 2015. EPA requests comments on whether it should 303 extend the certifications of renovators so they can take advantage of the burden savings of this 304 proposed rule. 305 B. Jurisdictions 306 On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee schedule for 307 training programs seeking EPA accreditation and for individuals and firms seeking EPA 308 certification (Ref. 4). These fees were established as directed by TSCA section 402(a)(3), which 309 requires EPA to recover the cost of administering and enforcing the lead-based paint activities 310 requirements in States without authorized programs. The fee schedule created a multi311 jurisdiction registration fee which applies to individuals, firms and training programs that 312 provide training or perform lead-based paint activities in more than one State administered by the 313 EPA program. This fee is applied per discipline for each additional EPA-administered State in 314 which the applicant seeks certification/recertification or accreditation/reaccreditation. An EPA- 315*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 14 of 30 administered jurisdiction is either an individual State without an authorized program or all Tribes 316 without authorized programs in a given EPA Region. 317 The multi-state jurisdiction fee of $35 was based on the estimated burdens required for 318 Agency clerical, technical, and managerial staff to perform tasks associated with adding 319 jurisdictions to a certification or accreditation. Tasks include entering the information into a 320 database, approving or disapproving the application and generating and mailing a certificate to 321 the applicant. After years of implementing the Lead-based PaintLBP Activities program, the 322 Agency believes that separate certifications for each EPA-administered State jurisdiction are not 323 necessary. In particular, EPA does not believe it is necessary for the Agency to certify or accredit 324 the same applicant multiple times; certification in one EPA-administered State jurisdiction 325 should be sufficient to perform work in any other EPA-administered States. For instance, EPA 326 did not include separate certifications for each EPA-administered State in the RRP rule and 327 found that it did not adversely impact the program. In addition, only requiring one certification 328 for all EPA-administered State jurisdictions helps to streamline the certification and accreditation 329 process. Accordingly, the Agency is proposing to eliminate the requirement for separate 330 certifications in each EPA-administered State jurisdiction in the Lead-based PaintLBP Activities 331 program. If jurisdictions are eliminated, regulated entities will no longer have to send an 332 application and fees to EPA for the purpose of adding additional EPA-administered State 333 jurisdictions to their certification or accreditation. Once a regulated entity applies and is 334 approved in the Lead-based Paint Activities program, they will be able to work in any EPA335 administered State. EPA requests comment on whether it should eliminate this requirement from 336 the Lead-based Paint Activities regulations. 337 Eliminating the fee for adding an EPA-administered State jurisdiction will not cause the 338 other fees under the Lead-based PaintLBPActivities regulations to increase. As stated earlier, 339*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 15 of 30 TSCA requires EPA to recover the cost of administering and enforcing the lead-based paint 340 activities requirements. Eliminating the requirement to apply for additional jurisdictions also 341 eliminates the Agency’s costs for processing those applications and its need to recover the fee. 342 Thus, eliminating the $35 fee will not require the Agency to adjust the other fees it collects under 343 the Lead-based PaintLBP Activities regulations rule

. 344 C. Clarification Regarding Training Provider Application Requirements 345 EPA is clarifying the application regulations for accredited training providers under the 346 RRP rule (Ref. 1) and Lead-based Paint LBPActivities regulations rule (Ref. 2). It was brought 347 to the Agency’s attention that the regulations did not specifically state what constituted a 348 violation of the regulations at 40 CFR 745.225. For example, some other regulatory provisions, 349 such as 40 CFR 745.87, specifically list various activities that are considered a violation of 350 TSCA. Accordingly, the Agency is proposing to add clarifying language explaining that training 351 providers must follow the requirements in that section. EPA believes that accredited training 352 providers already understand this, but EPA is proposing to add the clarifying language to ensure 353 understanding of the requirements – similar to what has been done in other regulations. This 354 clarifying language does not change any requirements for accredited training providers. The 355 Agency requests comment on adding this clarification to the regulations at 40 CFR 356 745.225(a)(4), (c), (d) and (e). 357 D. Correction to Training Notification Requirements 358 The regulatory text of the final RRP rule in 2008 (Ref. 1) inadvertently omitted a 359 requirement for accredited providers of renovation training to provide notification to EPA after 360 each training course the provider delivers. The provision was designed to supply important 361 information regarding certified renovators for EPA’s compliance monitoring efforts. In 2009, 362 EPA issued a rule (Ref. 7 5 ) to correct this omission by amending 40 CFR 745.225(c)(14) to 363*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 16 of 30 require post-course notifications from accredited providers of renovator or dust sampling 364 technician training. The 2009 rule also included conforming changes to 40 CFR 365 745.225(c)(14)(iii) to include the correct name of the sample post-course notification form and to 366 make it clear that all methods of post-course notification are available to both renovation training 367 providers and lead-based paint activities training providers. As amended, 40 CFR 745.225(c)(14) 368 required renovation training providers to notify EPA no later than 10 business days following 369 course completion. Although EPA identified this requirement in its cost estimates in 2008, the 370 regulatory provision was subsequently overwritten by another rulemaking. Specifically, in a 371 2011 rule (Ref. 8 6 ), the regulatory language inadvertently removed the regulatory text that was 372 added to 40 CFR 745.225(c)(14)(i) by the 2009 rule. In this proposed rule, EPA is proposing to 373 add the same language back to 40 CFR 745.225(c)(14)(i) that was included in the 2009 rule. 374 EPA requests comment on adding this language back to the notification requirements. Since EPA 375 has continued to account for the costs and paperwork burden associated with this notification 376 provision, this proposed correction does not increase the estimated costs and burdens for the 377 RRP program. 378 E. Effective Date 379 380 EPA is proposing to find under the Administrative Procedure Act (APA), 5 U.S.C. 381 553(d)(3), that good cause exists to dispense with the 30-day delay in the effective date of the 382 final rule that EPA intends to promulgate based upon this proposed rule. As stated earlier in this 383 preamble, removing the hands-on requirement will make it easier for renovators to take the 384 refresher training, especially renovators who live far from a training facility. If taking the 385 training is made easier, EPA believes that removing the hands-on requirement will lead to more 386 renovators taking the training and becoming recertified. Consequently, delaying the effective 387 date may result in fewer renovators taking the training and becoming recertified. For this reason, 388*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 17 of 30 the Agency believes it is in the public interest to remove the requirement as soon as possible. 389 EPA also believes that such action would relieve a restriction in accordance with 5 U.S.C. 390 553(d)(1). EPA therefore proposes to issue a final rule making this change to be effective 391 immediately upon publication in the Federal Register

. 392 IV. References 393 The following is a listing of the documents that are specifically referenced in this 394 document. The docket includes these documents and other information considered by EPA, 395 including documents that are referenced within the documents that are included in the docket, 396 even if the referenced document is not physically located in the docket. For assistance in locating 397 these other documents, please consu lt the technical person listed under FOR FURTHER 398 INFORMATION CONTACT

. 399 1. Lead; Renovation, Repair, and Painting Program; Final Rule. Federal Register (73 FR 400 21692, April 22, 2008) (FRL-8355-7). 401 2. Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child402 Occupied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-5389-9). 403
3. Residential Lead-Based Paint Hazard Reduction Act of 1992. 42 U.S.C. 4852 Housing 404 and Community Development Act of 1992, Public Law 102-550 (October 28, 1992)

. 405 4. Lead; Fees for Accreditation of Training Programs and Certification of Lead-based 406 Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 1999) (FRL407 6058-6). 408 5. Lead; Minor Amendments to the Renovation, Repair, and Painting Program; Final 409 Rule. Federal Register (74 FR 34257, July 15, 2009) (FRL-8422-7). 410 6. Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 411 Painting Program; Final Rule. Federal Register (76 FR 47918, August 5, 2011) (FRL-8881-8). 412*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 18 of 30 5 7 . EPA. Economic Analysis for the Lead-Based Paint Program Minor Amendments 413 Proposed Rule (Economic Analysis). (April December 2014 )

. 414
6 8 . EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 415 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities and 416 Renovation, Repair, and Painting. EPA ICR No. 2502.01 and OMB No. 2070-[NEW]. (April 417 December 2014 )

. 418 7. Lead; Minor Amendments to the Renovation, Repair, and Painting Program; Final 419 Rule. Federal Register (74 FR 34257, July 15, 2009) (FRL-8422-7). 420 8. Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 421 Painting Program; Federal Register (76 FR 47918, August 5, 2011)(FRL-8881-8). 422 V. Statutory and Executive Order Reviews 423 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 424 Improving Regulation and Regulatory Review 425 426 This proposed rule has been designated by the Office of Management and Budget (OMB) 427 as a “significant regulatory action” under section 3(f) of Executive Order 12866 (58 FR 51735, 428 October 4, 1993). Accordingly, EPA submitted this action to OMB for review under Executive 429 Order 12866 and 13563 (76 FR 3821, January 21, 2011), and any changes made in response to 430 OMB recommendations are documented in the docket. 431 EPA has prepared an analysis of the potential cost savings associated with this 432 rulemaking. This analysis is contained in the Economic Analysis for the Lead- b B ased Paint 433 Program Minor Amendments Proposed Rule (Ref. 5 7 ) and is briefly summarized here. 434 In a typical year, individuals, firms, and training providers apply to perform lead-based 435 paint activities or provide training in a total of 431 additional EPA-administered jurisdictions. 436 Formatted: Line spacing: single*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 19 of 30 Removing the $35 multi-jurisdiction fee will result in total estimated cost savings of 437 approximately $15,000 per year to these entities. 438 Removing the hands-on training requirement for renovator refresher training is estimated 439 to reduce the tuition by an average of $37. Removing the hands-on requirement also makes 440 online renovator refresher training more attractive to training providers and renovators. If 441 renovators become recertified by taking an e-learning refresher course they are estimated to save 442 an additional $165 by avoiding the time and associated expenses needed to travel to a training 443 site. Renovator training and certification (which is valid for five 5 years) became mandatory in 444 2010, and a large number of renovators were trained that year. As many as 168,000 of these 445 renovators are predicted to seek refresher training in 2015. Over time, the annual number is 446 predicted to equilibrate such that up to 48,000 renovators may seek refresher training in later 447 years. Nearly all of these renovators are assumed to choose online refresher training if the option 448 is available. Therefore, removing the hands-on requirement for renovator refresher training is 449 estimated to reduce costs by over $9 million per year. 450 The proposed rule includes a correction to the training notification requirements to add 451 back regulatory text on post-training notifications that was inadvertently overwritten in a 2011 452 rule making (although most training providers are continuing to provide post-training 453 notifications to EPA in a timely manner). EPA has already accounted for the burden and cost of 454 requiring accredited providers of renovation training to provide notification to EPA after each 455 training course the provider delivers. For example, the currently approved 456 Information Collection Request ICR for the TSCA sections 402 and 404 Training, Certification, 457 Accreditation and Standards for Lead-Based Paint Activities and Renovation, Repair, and 458 Painting (EPA ICR No. 1715.13, OMB Control No. 2070-0155) estimates that 600 renovation 459 training providers will submit an average of 14 post-training notifications per year. This yields a 460*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 20 of 30 total of 8,400 post-training notifications per year at an average burden of 1.6 hours per response, 461 resulting in a total burden for this activity of 13,440 hours at a cost of $339,578. In order to 462 avoid double-counting, EPA’s Economic Analysis and Information Collection Request ICR for 463 this action do not include the burden and cost of reinstating the post-training notification 464 requirements. 465 The clarifying language being added to the rule explaining that training providers must 466 follow the regulations does not affect the cost of compliance because it does not change any 467 requirements for accredited training providers. 468 Removing the multi-jurisdiction fee and the requirement for hands on refresher renovator 469 training is estimated to result in cost savings of up to $9.6 million per year using a 3% discount 470 rate and $9.8 million per year using a 7% discount rate. 471 B. Paperwork Reduction Act (PRA) 472 The information collection requirements in this proposed rule have been submitted to 473 OMB for review and approval under the PRA, 44 U.S.C. 3501 et seq . The ICR document 474 prepared by EPA has been assigned EPA ICR No. 2502.01 and the OMB Control No. 2070- 475 [NEW] (Ref. 6 8 ). The ICR document provides a detailed presentation of the estimated burden 476 and costs predicted as a result of the proposed rule. Burden is defined at 5 CFR 1320.3(b). 477 There are 275 training providers accredited to offer renovator refresher training 478 programs. All these training providers are assumed to apply to EPA to become accredited to 479 offer e-learning refresher training once the requirement for hands-on renovator refresher training 480 is removed. The applications must address issues such as how the trainer will ensure that 481 students successfully complete the e-learning modules and the e-learning final assessment. 482 Training providers are most likely to add an already reviewed and accepted e-learning course 483 from another training provider to their training curriculum. In that case, their burden to become 484*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 21 of 30 familiar with the new rule and to submit an application is estimated to average 13.8 hours per 485 response, at a cost of $687. For the 275 training providers this results in a total burden of 3,795 486 hours at a total cost $188,861. 487 An agency may not conduct or sponsor, and a person is not required to respond to an 488 information collection request unless it displays a currently valid OMB control number, or is 489 otherwise required to submit the specific information by a statute. The OMB control numbers for 490 EPA’s regulations codified in Title 40 of the Code of Federal Regulations (CFR) , after appearing 491 in the preamble of the final rule, are further displayed either by publication in the Federal 492 Register or by other appropriate means, such as on the related collection instrument or form, if 493 applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 494 40 CFR 9.1. 495 Submit any comments on the Agency’s need for this information, the accuracy of the 496 provided burden estimates, and any suggested methods for minimizing respondent burden to 497 both EPA and OMB. For EPA, follow the instructions in the ADDRESSES section at the 498 beginning of this document. For OMB, reference “OMB Desk Officer for EPA” and email your 499

comments to oira_submission@omb.eop.gov . Since OMB is required to make a decision 500 concerning the ICR between 30 and 60 days after [ I i nsert date of publication in the Federal 501 Register ], a comment to OMB is best assured of having its full effect if OMB receives it by 502 [ I i nsert date 30 days after publication in the Federal Register ]. The final rule will address any 503 OMB or public comments received on the information collection requirements contained in this 504 proposal. 505 C. Regulatory Flexibility Act (RFA) 506 The RFA, 5 U.S.C. 601 et seq. , generally requires an agency to prepare a regulatory 507 flexibility analysis of any rule subject to notice and comment rulemaking requirements under the 508 Formatted: Font: Italic

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Page 22 of 30 APA, 5 U.S.C. 551-553, or any other statute unless the agency certifies that the rule will not have 509 a significant economic impact on a substantial number of small entities. 510 Small entities include small businesses, small organizations, and small governmental 511 jurisdictions. For purposes of assessing the impacts of this proposed rule on small entities, small 512 entity is defined as: 513 ( 1 )

. A small business as defined by the Small Business Administration’s (SBA) 514 regulations at 13 CFR 121.201. The SBA’s definitions typically are based upon either a sales or 515 an employment level, depending on the nature of the industry. 516 ( 2 )

. A small governmental jurisdiction that is a government of a city, county, town, 517 school district or special district with a population of less than 50,000. 518 ( 3 )

. A small organization that is any not-for-profit enterprise which is independently 519 owned and operated and is not dominant in its field. 520 After considering the economic impacts of this proposed rule on small entities, I certify 521 that this action will not have a significant economic impact on a substantial number of small 522 entities. In determining whether a rule has a significant economic impact on a substantial number 523 of small entities, the impact of concern is any significant adverse economic impact on small 524 entities, since the primary purpose of the regulatory flexibility analyses is to identify and address 525 regulatory alternatives “which minimize any si gnificant economic impact of the rule on small 526 entities.” 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a 527 significant economic impact on a substantial number of small entities if the rule relieves 528 regulatory burden, or otherwise has a positive economic effect on all of the small entities subject 529 to the rule. 530 The proposed rule would eliminate multi-jurisdiction registration fees for the Lead-based 531 Paint LBP Activities program, and eliminate the hands-on training requirement from the lead 532*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 23 of 30 renovation refresher training course. This results in cost savings for entities that no longer would 533 pay the multi-jurisdiction registration fees and for renovators that would have a less expensive 534 refresher training option available to them. Those training providers that choose to offer e535 learning refresher renovator training would incur a cost to apply for accreditation of their e536 learning courses. However, it is expected that only training providers that anticipate recovering 537 accreditation costs through tuition charges would opt to apply for the additional accreditation 538 because there is no requirement mandating these firms to offer an e-learning refresher training 539 option under the proposed rule. Therefore, there would be no direct negative cost impacts on 540 small entities as a result of the proposed rule. We have therefore concluded that this proposed 541 rule will relieve regulatory burdenfor all affected small entities. 542 D. Unfunded Mandates Reform Act (UMRA) 543 This action does not contain any Federal mandates under the provisions of Title II of 544 UMRA, 2 U.S.C. 1531-1538, for State, local, or tribal governments or the private sector. The 545 action imposes no enforceable duty on any State, local or tribal governments or the private sector. 546 Therefore, this action is not subject to the requirem ents of UMRA sections 202 or 205. This action 547 is also not subject to the requirements of UMRA section 203 because it contains no regulatory 548 requirements that might significantly or uniquely affect small governments. Those training 549 providers (both those in the private sector as well as local or tribal governments) that choose to 550 offer e-learning refresher renovator training would incur a cost to apply for accreditation of their e551 learning courses. However, it is expected that only training providers that anticipate recovering 552 accreditation costs through tuition charges would opt to apply for the additional accreditation 553 because there is no requirement mandating these firms to offer an e-learning refresher training 554 option under the proposed rule. 555 E. Executive Order 13132: Federalism 556*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 24 of 30 This action does not have federalism implications as specified in Executive Order 13132 557 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the States, on the 558 relationship between the national government and the States, or on the distribution of power and 559 responsibilities among the various levels of government. Local governments can serve as 560 training providers, and those training providers that choose to offer e-learning refresher 561 renovator training would incur a cost to apply for accreditation of their e-learning courses. 562 However, it is expected that only training providers that anticipate recovering accreditation costs 563 through tuition charges would opt to apply for the additional accreditation because there is no 564 requirement mandating these firms to offer an e-learning refresher training option under the 565 proposed rule. Thus, Executive Order 13132 does not apply to this action. EPA specifically 566 solicits comment on this proposed action from State and local officials. 567 F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments 568 This action does not have tribal implications as specified in Executive Order 13175 (65 569 FR 67249, November 9, 2000). Tribal governments can serve as training providers, and those 570 training providers that choose to offer e-learning refresher renovator training would incur a cost 571 to apply for accreditation of their e-learning courses. However, it is expected that only training 572 providers that anticipate recovering accreditation costs through tuition charges would opt to 573 apply for the additional accreditation because there is no requirement mandating these firms to 574 offer an e-learning refresher training option under the proposed rule. Thus, Executive Order 575 13175 does not apply to this action. EPA specifically solicits additional comment on this 576 proposed action from tribal officials. 577 G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 578 Risks 579 580 Formatted: Line spacing: single*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 25 of 30 This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) 581 because it is not an economically significant regulatory action as defined by Executive Order 582 12866, and because EPA interprets Executive Orde r 13045 (62 FR 19885, April 23, 1997), as 583 applying only to those regulatory actions that concern health or safety risks, such that the 584 analysis required under section 5-501 of the Executive Order has the potential to influence the 585 regulation. This action is not subject to Executiv e Order 13045, because it would not establish an 586 environmental standard intended to mitigate health or safety risks. 587 H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy 588 Supply, Distribution, or Use 589 590 This proposed rule is not a “significant energy action” as defined in Executive Order 591 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 592 on the supply, distribution, or use of energy. Further, this rule is not likely to have any adverse 593 energy effects because it does not require any action related to the supply, distribution, or use of 594
energy. 595 I. National Technology Transfer and Advancement Act (NTTAA) 596 Section 12(d) of NTTAA, 15 U.S.C. 272 no te, directs EPA to use voluntary consensus 597 standards in its regulatory activities unless to do so would be inconsistent with applicable law or 598 otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials 599 specifications, test methods, sampling procedures, and business practices) that are developed or 600 adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, 601 through OMB, explanations when the Agency decides not to use available and applicable 602 voluntary consensus standards. 603 This proposed rule does not involve technical standards. Therefore, EPA is not 604 considering the use of any voluntary consensus standards. EPA welcomes comments on this 605 Formatted: Line spacing: single*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 26 of 30 aspect of the proposed rule and specifically invites the public to identify additional potentially

606 applicable voluntary consensus standards and to explain why such standards should be used in 607 this regulation. 608 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 609 Populations and Low-Income Populations 610 611 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes f F ederal executive 612 policy on environmental justice. Its main provision directs f F ederal agencies, to the greatest 613 extent practicable and permitted by law, to make environmental justice part of their mission by 614 identifying and addressing, as appropriate, disproportionately high and adverse human health or 615 environmental effects of their programs, policies, and activities on minority populations and low616 income populations in the United States. 617 EPA has determined that this proposed rule will not have disproportionately high and 618 adverse human health or environmental effects on minority or low-income populations because it 619 does not directly affect the level of protection provided to human health or the environment. The 620 proposed rule would remove multi-jurisdiction fees for the Lead-based Paint LBPActivities 621 program and remove the hands-on requirement for refresher renovator training. However, it 622 would not change the work practice requirements for lead-based paint activities or renovation, 623 repair or painting activities disturbing lead-based paint. 624 Formatted: Line spacing: single*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 27 of 30 List of Subjects in 40 CFR Part 745 625 Environmental protection, Lead, Lead-based paint, Renovation. 626 Dated: ____________________ 627
628

__________________________________________ 629
630 Gina McCarthy, 631 Administrator 632*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 28 of 30 Therefore, it is proposed that 40 CFR chapter I be amended as follows: 633 PART 745--[AMENDED] 634 1. The authority citation for part 745 continues to read as follows: 635 Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d. 636 2. In § 745.225: 637 a. Add new paragraph (a)(4). 638 b. Revise the introductory text of paragraphs (c), (d), and (e). 639 c. Revise paragraphs (c), (c)(14)(i) , and (d), (e), (e)(2) and (e) (3). 640 The addition and revisions amendments read as follows: 641 § 745.225 Accreditation of training programs: target housing and child-occupied facilities. 642 (a) * * * 643 (4) Accredited training programs, training program managers, and principal instructors 644 must comply with all of the requirements of this section including approved terms of the 645 application and all of the requirements and limitations specified in any accreditation documents 646 issued to training programs. 647
* * * * * 648 (c) Requirements for the accreditation of training programs. A training program 649 accredited by EPA to offer lead-based paint activities courses, renovator courses, or dust 650 sampling technician courses must meet the following requirements: 651 (1) * * * * * 652 (14) * * * 653 (i) The training manager must provide EPA notification after the completion of any 654 renovator, dust sampling, or lead-based paint activities course. This noti fication ce must be 655 received by EPA no later than 10 business days following course completion. 656 Formatted: Indent: First line: 0.5"*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 29 of 30 * * * * * 657 (d) Minimum training curriculum requirements. A training program accredited by EPA to 658 offer lead-based paint courses in the specific disciplines listed in this paragraph (d) must ensure 659 that their its courses of study include, at a minimum, the following course topics. 660
* * * * * 661 (e) Requirements for the accreditation of refresher training programs. A training 662 program may seek accreditation to offer refresher training courses in any of the following 663 disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, renovator, 664 and dust sampling technician. A training program accredited by EPA to offer refresher training 665 must meet the following minimum requirements: 666 (1) * * * * * 667 (2) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must 668 last a minimum of 8 training hours. Refresher courses for project designer, renovator, and dust 669 sampling technician must last a minimum of 4 training hours. Refresher courses for all 670 disciplines except renovator and project designer must include a hands-on component. 671 (3) Except for renovator and project designer courses, for all other courses offered, the 672 training program shall conduct a hands-on assessment. With the exception of project designer 673 courses, the training program shall conduct a course test at the completion of the course. 674
* * * * * 675 3. In § 745.238: 676 a. Remove paragraph (c)(3). 677 b. Redesignate paragraphs (c)(4) and (c) (5) as (c)(3) and (c) (4). 678 c. Revise the headings for paragraphs (d)(1) and ,(d) (2)

. , 679 d. Revise paragraph and (e)(2). 680*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** (RIN 2070-AK02)

Page 30 of 30 The amendments read as follows: 681 § 745.238 Fees for accreditation an d certification of lead-b ased paint activities. 682
* * * * * 683 (d) * * * Application/payment procedure

— 684 (1) Certification and re-certification * * * 685 (i) * * * 686 (ii) * * * 687 (2) Accreditation and re-accreditation. * * * Submit a completed application 688 (titled “Accreditation Application for Training Programs”), the materials described at §745.225, 689 and the application fee described in paragraph (c) of this section. 690
* * * * * 691 (e) * * * 692 (1) * * * 693 (2) Submit application and payment in the amount specified in paragraph (c)(3) of this 694 section in accordance with the instructions provided with the application package. 695
* * * * * 696 Formatted: Indent: First line: 0.5"

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