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1 Rin2070-AK02_EO12866_Lead_MinorAmendments_NPRM_FRdocument_Redline_Revisions_2014-

2 12-15.docx 

3 

4 Revised to address Interagency Comments received under EO 12866 Review.

5 BILLING CODE 6560-50-P 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 40 CFR Part 745 

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

9 RIN 2070-AK02 

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

11 Accreditation Requirements and Renovator Refresher Training Requirements

12 

13 AGENCY: Environmental Protection Agency (EPA). 

14 ACTION: Proposed rule. 

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

16 Painting (RRP) rule that published in the Federal Register on April 22, 2008, and the Lead17 based Paint (LBP) Activities rule that published in the Federal Register on August 29, 1996. 

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

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

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

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

22 Second, tThe Agency is also proposing to remove jurisdiction-specific certification and 

23 accreditation requirements under the Lead-based PaintLBP Activities program. Currently, this 

24 program requires that training providers, firms and individuals seek certification in each 

25 jurisdiction (e.g., a Sstate) where the organization or person wants to work. ThirdIn addition, 

26 EPA is adding clarifying language to the requirements for training providers under both the RRP 

27 and LBP Activities programs. 

28 DATES: Comments must be received on or before [insert date 30 days after date of publication 

Formatted: Line spacing: single
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29 in the Federal Register]. 

30 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA31 HQ-OPPT-2014-0304, by one of the following methods: 

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

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

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

35 by statute. 

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

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

38 20460-0001. 

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

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

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

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

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

44 Edmonds, National Program Chemicals Division (7404T), Office of Pollution Prevention and 

45 Toxics (7404T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 

46 DC 20460-0001; telephone number: (202-) 566-0758; email address: edmonds.marc@epa.gov.

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

48 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA49 Hotline@epa.gov. 

50 SUPPLEMENTARY INFORMATION: 

51 I. Executive Summary 

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

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

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

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

57 745.90. This proposed rule applies only in States, territories, and tribal areas that do not have 

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

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

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

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

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

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

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

65 multi-family housing construction, residential remodelers. 

66 • Specialty trade contractors (NAICS code 238), e.g., plumbing, heating, and air67 conditioning contractors, painting and wall covering contractors, electrical contractors, finish 

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

69 contractors, glass and glazing contractors. 

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

71 residential property managers. 

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

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

74 kindergarten classrooms. 

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

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

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

79 engaged in lead-based paint activities. 

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

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

82 B. What Iis the Agency's Authority for Taking this Action? 

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

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

85 C. What Action Iis the Agency Taking? 

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

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

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

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

90 Agency is also proposing to remove jurisdictions under the Lead-based PaintLBP Activities 

91 program. Currently, this program requires that training providers, firms and individuals seek 

92 certification in each jurisdiction (e.g., a Sstate) where the organization or person wants to work. 

93 ThirdIn addition, EPA is adding clarifying language to the requirements for training providers 

94 under both the RRP and Lead-based PaintLBP Activities programs. 

95 D. Why iIs the Agency Taking this Action? 

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

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

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

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

100 EPA has prepared an analysis of the potential costs and impacts associated with this 
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101 rulemakingproposed rule. This analysis is summarized in greater detail in the discussion 

102 concerning Executive Order 12866 and Executive Order 13563 in Unit V.A. The following is a 

103 brief outline of the estimated incremental impacts of this proposalproposed rule. 

104  Overall Ccosts. The annualized cost savings of this proposed rule are estimated at 

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

106 7% discount rate. 

107  Small Eentity Iimpacts. The proposed rule will would not have a significant impact on a 

108 substantial number of small entities. This proposed rule would relieve regulatory burden for 

109 affected small entities, and would not have a direct negative impact on any small entities. 

110  Effects on State, Llocal, and Tribal Ggovernments. This proposed rule will would not 

111 have a significant intergovernmental mandate, significant or unique effects on small 

112 governments, or have Federalism implications. 

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

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

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

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

117 outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD118 ROM the specific information that is claimed as CBI. In addition to one complete version of the 

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

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

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

122 CFR part 2. 

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

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

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125 heading, Federal Register date and page number). 

126 ii. Follow directions. The Agency may ask you to respond to specific questions or 

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

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

129 your requested changes. 

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

131 used. 

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

133 sufficient detail to allow for it to be reproduced. 

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

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

136 threats. 

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

138 II. Background 

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

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

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

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

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

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

145 determined that the prior fFederal response to this threat was insufficient and enacted Title X of 

146 the Housing and Community Development Act of 1992 (also known as the Residential Lead147 Based Paint Hazard Reduction Act of 1992 or Title X) (Ref. 3). Title X established a national 

148 goal of eliminating lead-based paint hazards in housing as expeditiously as possible and provided 
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149 a leadership role for the federal government in building the infrastructure necessary to achieve 

150 this goal. 

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

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

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

154 these responsibilities. TSCA sSection 402(a) of TSCA directs EPA to promulgate regulations 

155 covering lead-based paint activities to ensure persons performing these activities are properly 

156 trained, that training programs are accredited, and that contractors performing these activities are 

157 certified. These rRegulations promulgated under TSCA section 402(a) must contain standards for 

158 performing lead-based paint activities, taking into account reliability, effectiveness, and safety. 

159 On August 29, 1996, EPA promulgated final regulations under TSCA section 402(a) that govern 

160 lead-based paint inspections, lead hazard screens, risk assessments, and abatements in target 

161 housing and child-occupied facilities (also referred to as the Lead-based PaintLBP Activities 

162 regulations) (Ref. 2). These LBP Activities ruleregulations, codified at 40 CFR part 745, subpart 

163 L, contained an accreditation program for training providers and training, and certification and 

164 work practice requirements for lead-based paint inspectors, risk assessors, project designers, 

165 abatement supervisors, and abatement workers. Pursuant to TSCA section 404, provisions were 

166 made for interested States, territories, and Tribes to apply for and receive authorization to 

167 administer their own Lead-based PaintLBP Activities programs. Requirements applicable to 

168 State, territorial, and tribal programs are codified in 40 CFR part 745, subpart Q. 

169 TSCA sSection 402(c) of TSCA pertains to renovation and remodeling activities. TSCA 

170 sSection 402(c)(3) of TSCA requires EPA to revise the regulations issued under TSCA section 

171 402(a) to apply to renovation or remodeling activities that create lead-based paint hazards. On 

172 April 22, 2008, EPA issued a final regulation applying a revised version of the Lead-based 
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173 PaintLBP Activities regulations rule requirements to renovation, repair, and painting activities in 

174 target housing and child-occupied facilities (Ref. 1). Pursuant to the RRP rule, persons 

175 performing covered renovation activities must be properly trained, renovators and renovation 

176 firms must be certified, and training providers must be accredited (Ref. 1). The requirements of 

177 the RRP rule became effective in stages with the entire rule becoming effective as of April 22, 

178 2010. 

179 III. Proposed Revisions 

180 A. Hands-on Training 

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

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

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

184 renovators that successfully completed an EPA, Department of Housing and Urban Development 

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

186 renovator training in lieu of the 8-hour initial course. Both of these courses require hands-on 

187 training. Trainings are taught either in a classroom or via electronic learning (e-learning). In an 

188 e-learning course, students take the lecture portion of the course over the Internet and then travel 

189 to a training facility to perform the hands-on activities and take the exam. To maintain 

190 certification, renovators must complete a renovator refresher course within five 5 years of the 

191 date the individual completed their previous renovator training. Renovators who received their 

192 initial certification before April 22, 2010, however, have until July 1, 2015, to take the refresher 

193 training to maintain certification. If the renovator does not complete the course within the 

194 required timeframe, the individual must retake the initial 8-hour course to become certified 

195 again. 

196 The 8-hour initial training includes hands-on training in testing for lead in paint, methods 
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197 for minimizing the creation of dust and lead-based paint hazards, interior and exterior 

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

199 of EPA-recognized test kits, setting up barriers, covering furniture, ducts, and carpeted floors 

200 with plastic, mopping floors, bagging waste, and determining that the work area has been 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

219 following the RRP rule work practices. 
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220 In addition, by eliminating this requirement, renovators seeking recertification will be 

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

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

223 training, especially renovators who live far from a training facility. Renovators will save time 

224 and travel costs by taking the course from a single location, possibly their own home. If taking 

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

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

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

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

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

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

231 While the Agency believes that the hands-on requirement in the renovator refresher 

232 course is no longer necessary, it has not ruled out having hands-on activities that are performed 

233 via e-learning instead of in person. This would allow instructors to assess the student’s skills 

234 without having the student travel to a classroom. EPA requests comment on how the hands-on 

235 portion of the refresher course could be performed by the student and assessed by the instructor 

236 via e-learning. 

237 Another option for maintaining the hands-on requirement in the renovator refresher 

238 course is to modify it to make it less burdensome for trainers and students. For example, the 

239 requirement could be changed so the hands-on portion of the course is only required every other 

240 time a renovator gets recertified instead of every 5 years. Under this scenario, the renovator 

241 would only have to take the hands-on training once every 10 years. The Agency requests 

242 comment on possible alternative approaches to conducting the hands-on skills to make the 

243 training less burdensome. 
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244 The Agency does not intend to eliminate the hands-on activities in the refresher courses 

245 for the other lead-based paint program disciplines: Rrisk assessor, inspector, supervisor, 

246 abatement worker and dust sampling technician. The work performed by these disciplines 

247 involves highly specialized skills which individuals must learn in training courses accredited by 

248 EPA or authorized States, territories, and Tribes. For example, a significant portion of an 

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

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

251 permanently eliminate lead hazards; instead they perform maintenance and improvement tasks as 

252 directed by the consumer. Thus, the goal of EPA’s renovator training and certification program is 

253 not to update the methodology a renovator uses to accomplish these tasks (i.e., how to be 

254 painters, plumbers, or carpenters), but rather to ensure that persons who already know how to 

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

256 nature of the work performed by risk assessors, inspectors, supervisors, abatement workers and 

257 dust sampling technicians, the Agency believes that it is important for their refresher training 

258 courses to include hands-on learning. 

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

260 notification for each course that they teach. Both types of notifications must contain information 

261 about the course including, but not limited to, date, time and location. The post-training 

262 notification must also include information about the trainees including name, address and test 

263 score, among other things. Pre-training notifications must be submitted at least 7 business days 

264 prior to the start of the course. Post-training notifications must be submitted no later than 10 

265 business days following course completion. The notification requirements help EPA monitor 

266 compliance with the training and certification provisions of the RRP and Lead-based PaintLBP

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

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

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

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

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

273 online. 

274 In the absence of more particular information regarding the number of renovators that 

275 may take an online class to complete the required refresher training, EPA assumes that 98% of 

276 renovators will take the online training if the hands-on requirement is removed, based on the 

277 significant cost savings that would result from reduced tuition costs and by avoiding the time and 

278 associated expenses needed to travel to a training site. EPA requests comment on this 

279 assumption. EPA also requests comment and supporting information on the savings that would 

280 accrue to renovators if EPA removes the hands-on training requirement for renovator refresher 

281 courses; whether the tuition is likely to differ for online and in-person refresher training; and 

282 how the costs training providers would incur to offer online refresher training courses compare to 

283 the costs of offering courses in person.

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

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

286 notifications electronically via EPA’s Central Data Exchange (CDX). ; 63% of training providers 

287 opted to do so in the past year. The CDX system is designed to streamline the notification 

288 process for training providers and EPA alike, and to perform basic validations of electronic 

289 submissions that reduce common errors in notifications otherwise submitted on paper. 

290 Depending on how the notification requirements are modified, training providers may find it 

291 more efficient and less burdensome to submit notifications to EPA electronically if the hands-on 
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292 refresher training requirement was eliminated. Such a change could result in an increased rate of 

293 electronic reporting of training notifications to EPA. To reduce the burden on the Agency and 

294 save taxpayer dollars, EPA will consider requiring training providers that teach the online 

295 refresher renovator course to submit their notifications for that course online. The Agency 

296 requests comment on whether it should require training providers to submit notifications online 

297 for the online refresher course. 

298 The Agency is concerned that, by the time a final rule is published, many renovators will 

299 have already taken the refresher training that includes the hands-on learning and will have 

300 missed out on the burden savings that this proposed rule would provide. In light of this, EPA is 

301 considering extending the certifications for a portion of renovators so they would be able to 

302 realize the benefits of this proposed rule. For example, the Agency could extend for 6 months the 

303 renovator certifications that expire by July 1, 2015. EPA requests comments on whether it should 

304 extend the certifications of renovators so they can take advantage of the burden savings of this 

305 proposed rule.

306 B. Jurisdictions 

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

308 training programs seeking EPA accreditation and for individuals and firms seeking EPA 

309 certification (Ref. 4). These fees were established as directed by TSCA section 402(a)(3), which 

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

311 requirements in States without authorized programs. The fee schedule created a multi312 jurisdiction registration fee which applies to individuals, firms and training programs that 

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

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

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

317 without authorized programs in a given EPA Region. 

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

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

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

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

322 the applicant. After years of implementing the Lead-based PaintLBP Activities program, the 

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

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

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

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

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

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

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

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

331 certifications in each EPA-administered State jurisdiction in the Lead-based PaintLBP Activities 

332 program. If jurisdictions are eliminated, regulated entities will no longer have to send an 

333 application and fees to EPA for the purpose of adding additional EPA-administered State 

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

335 approved in the Lead-based Paint Activities program, they will be able to work in any EPA336 administered State. EPA requests comment on whether it should eliminate this requirement from 

337 the Lead-based Paint Activities regulations. 

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

339 other fees under the Lead-based PaintLBP Activities regulations to increase. As stated earlier, 
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340 TSCA requires EPA to recover the cost of administering and enforcing the lead-based paint 

341 activities requirements. Eliminating the requirement to apply for additional jurisdictions also 

342 eliminates the Agency’s costs for processing those applications and its need to recover the fee. 

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

344 the Lead-based PaintLBP Activities regulationsrule. 

345 C. Clarification Regarding Training Provider Application Requirements 

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

347 RRP rule (Ref. 1) and Lead-based PaintLBP Activities regulations rule (Ref. 2). It was brought 

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

349 violation of the regulations at 40 CFR 745.225. For example, some other regulatory provisions, 

350 such as 40 CFR 745.87, specifically list various activities that are considered a violation of 

351 TSCA. Accordingly, the Agency is proposing to add clarifying language explaining that training 

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

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

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

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

356 Agency requests comment on adding this clarification to the regulations at 40 CFR 

357 745.225(a)(4), (c), (d) and (e). 

358 D. Correction to Training Notification Requirements 

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

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

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

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

363 EPA issued a rule (Ref. 75) to correct this omission by amending 40 CFR 745.225(c)(14) to 
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364 require post-course notifications from accredited providers of renovator or dust sampling 

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

366 745.225(c)(14)(iii) to include the correct name of the sample post-course notification form and to 

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

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

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

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

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

372 2011 rule (Ref. 86), the regulatory language inadvertently removed the regulatory text that was 

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

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

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

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

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

378 RRP program. 

379 E. Effective Date 

380 

381 EPA is proposing to find under the Administrative Procedure Act (APA), 5 U.S.C. 

382 553(d)(3), that good cause exists to dispense with the 30-day delay in the effective date of the 

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

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

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

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

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

388 date may result in fewer renovators taking the training and becoming recertified. For this reason, 
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389 the Agency believes it is in the public interest to remove the requirement as soon as possible. 

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

391 553(d)(1). EPA therefore proposes to issue a final rule making this change to be effective 

392 immediately upon publication in the Federal Register. 

393 IV. References 

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

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

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

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

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

399 INFORMATION CONTACT. 

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

401 21692, April 22, 2008) (FRL-8355-7). 

402 2. Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child403 Occupied Facilities; Final Rule. Federal Register (61 FR 45778, August 29, 1996) (FRL-5389-9). 

404 3. Residential Lead-Based Paint Hazard Reduction Act of 1992. 42 U.S.C. 4852Housing 

405 and Community Development Act of 1992, Public Law 102-550 (October 28, 1992). 

406 4. Lead; Fees for Accreditation of Training Programs and Certification of Lead-based 

407 Paint Activities Contractors; Final Rule. Federal Register (64 FR 31091, June 9, 1999) (FRL408 6058-6). 

409 5. Lead; Minor Amendments to the Renovation, Repair, and Painting Program; Final 

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

411 6. Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and 

412 Painting Program; Final Rule. Federal Register (76 FR 47918, August 5, 2011) (FRL-8881-8). 
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413 57. EPA. Economic Analysis for the Lead-Based Paint Program Minor Amendments 

414 Proposed Rule (Economic Analysis). (April December 2014). 

415 68. EPA. Information Collection Request (ICR) for TSCA sections 402 and 404 

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

417 Renovation, Repair, and Painting. EPA ICR No. 2502.01 and OMB No. 2070-[NEW]. (April 

418 December 2014). 

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

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

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

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

423 V. Statutory and Executive Order Reviews 

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

425 Improving Regulation and Regulatory Review

426 

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

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

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

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

431 OMB recommendations are documented in the docket. 

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

433 rulemaking. This analysis is contained in the Economic Analysis for the Lead-bBased Paint 

434 Program Minor Amendments Proposed Rule (Ref. 57) and is briefly summarized here. 

435 In a typical year, individuals, firms, and training providers apply to perform lead-based 

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

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

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

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

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

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

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

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

444 site. Renovator training and certification (which is valid for five 5 years) became mandatory in 

445 2010, and a large number of renovators were trained that year. As many as 168,000 of these 

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

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

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

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

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

451 The proposed rule includes a correction to the training notification requirements to add 

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

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

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

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

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

457 Information Collection RequestICR for the TSCA sections 402 and 404 Training, Certification, 

458 Accreditation and Standards for Lead-Based Paint Activities and Renovation, Repair, and 

459 Painting (EPA ICR No. 1715.13, OMB Control No. 2070-0155) estimates that 600 renovation 

460 training providers will submit an average of 14 post-training notifications per year. This yields a 
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461 total of 8,400 post-training notifications per year at an average burden of 1.6 hours per response, 

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

463 avoid double-counting, EPA’s Economic Analysis and Information Collection RequestICR for 

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

465 requirements. 

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

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

468 requirements for accredited training providers. 

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

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

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

472 B. Paperwork Reduction Act (PRA) 

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

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

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

476 [NEW] (Ref. 68). The ICR document provides a detailed presentation of the estimated burden 

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

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

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

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

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

482 students successfully complete the e-learning modules and the e-learning final assessment. 

483 Training providers are most likely to add an already reviewed and accepted e-learning course 

484 from another training provider to their training curriculum. In that case, their burden to become 
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485 familiar with the new rule and to submit an application is estimated to average 13.8 hours per 

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

487 hours at a total cost $188,861. 

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

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

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

491 EPA’s regulations codified in Title 40 of the Code of Federal Regulations (CFR), after appearing 

492 in the preamble of the final rule, are further displayed either by publication in the Federal 

493 Register or by other appropriate means, such as on the related collection instrument or form, if 

494 applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 

495 40 CFR 9.1. 

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

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

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

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

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

501 concerning the ICR between 30 and 60 days after [Iinsert date of publication in the Federal 

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

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

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

505 proposal. 

506 C. Regulatory Flexibility Act (RFA) 

507 The RFA, 5 U.S.C. 601 et seq., generally requires an agency to prepare a regulatory 

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

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

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

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

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

513 entity is defined as: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

530 to the rule. 

531 The proposed rule would eliminate multi-jurisdiction registration fees for the Lead-based 

532 Paint LBP Activities program, and eliminate the hands-on training requirement from the lead 
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533 renovation refresher training course. This results in cost savings for entities that no longer would 

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

535 refresher training option available to them. Those training providers that choose to offer e536 learning refresher renovator training would incur a cost to apply for accreditation of their e537 learning courses. However, it is expected that only training providers that anticipate recovering 

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

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

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

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

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

543 D. Unfunded Mandates Reform Act (UMRA)

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

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

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

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

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

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

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

551 offer e-learning refresher renovator training would incur a cost to apply for accreditation of their e552 learning courses. However, it is expected that only training providers that anticipate recovering 

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

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

555 option under the proposed rule. 

556 E. Executive Order 13132: Federalism 
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557 This action does not have federalism implications as specified in Executive Order 13132 

558 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the States, on the 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

576 13175 does not apply to this action. EPA specifically solicits additional comment on this 

577 proposed action from tribal officials. 

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

579 Risks

580 

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

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

583 12866, and because EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), as 

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

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

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

587 environmental standard intended to mitigate health or safety risks. 

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

589 Supply, Distribution, or Use

590 

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

592 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 

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

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

595 energy. 

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

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

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

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

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

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

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

603 voluntary consensus standards. 

604 This proposed rule does not involve technical standards. Therefore, EPA is not 

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

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606 aspect of the proposed rule and specifically invites the public to identify additional potentially607 applicable voluntary consensus standards and to explain why such standards should be used in 

608 this regulation. 

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

610 Populations and Low-Income Populations

611 

612 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes fFederal executive 

613 policy on environmental justice. Its main provision directs fFederal agencies, to the greatest 

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

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

616 environmental effects of their programs, policies, and activities on minority populations and low617 income populations in the United States. 

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

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

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

621 proposed rule would remove multi-jurisdiction fees for the Lead-based PaintLBP Activities 

622 program and remove the hands-on requirement for refresher renovator training. However, it 

623 would not change the work practice requirements for lead-based paint activities or renovation, 

624 repair or painting activities disturbing lead-based paint. 

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625 List of Subjects in 40 CFR Part 745

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

627 Dated: ____________________ 

628 

629 __________________________________________ 

630 

631 Gina McCarthy, 

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

634 PART 745--[AMENDED] 

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

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

637 2. In § 745.225: 

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

639 b. Revise the introductory text of paragraphs (c), (d), and (e). 

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

641 The addition and revisionsamendments read as follows: 

642 § 745.225 Accreditation of training programs: target housing and child-occupied facilities. 

643 (a) * * * 

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

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

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

647 issued to training programs. 

648 * * * * * 

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

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

651 sampling technician courses must meet the following requirements: 

652 (1) * * * * *

653 (14) * * * 

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

655 renovator, dust sampling, or lead-based paint activities course. This notificationce must be 

656 received by EPA no later than 10 business days following course completion. 

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657 * * * * * 

658 (d) Minimum training curriculum requirements. A training program accredited by EPA to 

659 offer lead-based paint courses in the specific disciplines listed in this paragraph (d) must ensure 

660 that their its courses of study include, at a minimum, the following course topics. 

661 * * * * * 

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

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

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

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

666 must meet the following minimum requirements: 

667 (1) * * * * *

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

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

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

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

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

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

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

675 * * * * * 

676 3. In § 745.238: 

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

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

679 c. Revise the headings for paragraphs (d)(1) and ,(d)(2).,

680 d. Revise paragraph and (e)(2). 
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681 The amendments read as follows: 

682 § 745.238 Fees for accreditation and certification of lead-based paint activities. 

683 * * * * * 

684 (d) * * *Application/payment procedure—

685 (1) Certification and re-certification * * *

686 (i) * * * 

687 (ii) * * * 

688 (2) Accreditation and re-accreditation. * * *Submit a completed application 

689 (titled “Accreditation Application for Training Programs”), the materials described at §745.225, 

690 and the application fee described in paragraph (c) of this section.

691 * * * * * 

692 (e) * * * 

693 (1) * * * 

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

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

696 * * * * *

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