Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11863 

Dated: February 19, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ For reasons set out in the preamble, 40 

CFR part 300 is amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 2 of Appendix B to part 300 

is amended by revising the entry under 

‘‘Griffiss Air Force Base’’, ‘‘New York’’ 

to read as follows: 

Appendix B to Part 300—National 

Priorities List 

* * * * * 

TABLE 2—FEDERAL FACILITIES SECTION

State Site name City/county Notes (a) 

* * * * * * * 

NY ..................... Griffiss Air Force Base .......................................................................... Rome ............................................. P 

* * * * * * * 

(a) P = Sites with partial deletion(s). 

[FR Doc. E9–6154 Filed 3–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2008–0382; FRL–8404–2] 

RIN 2070–AJ40 

Lead; Fees for Accreditation of 

Training Programs and Certification of 

Lead-based Paint Activities and 

Renovation Contractors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing this final rule 

to revise the existing fees for EPA’s 

Lead-based Paint Activities Regulations 

and establish fees for the Renovation, 

Repair, and Painting Rule. As specified 

in section 402 of the Toxic Substances 

Control Act (TSCA), EPA must establish 

and implement a fee schedule to recover 

for the U.S. Treasury the Agency’s costs 

of administering and enforcing the 

standards and requirements applicable 

to lead-based paint training programs 

and contractors. Specifically, this final 

rule establishes the fees that will be 

charged, in those States and Indian 

Tribes without authorized programs, for 

training programs seeking accreditation 

under 40 CFR 745.225, for firms 

engaged in renovations seeking 

certification under 40 CFR 745.89, and 

for individuals or firms engaged in leadbased paint activities seeking 

certification under 40 CFR 745.226. 

DATES: This final rule is effective April 

20, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2008–0382. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Marc Edmonds, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 566-0758; e-mail address: 

edmonds.marc@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you operate a training 

program required to be accredited under 

40 CFR 745.225, if you are a firm who 

must be certified to conduct renovation 

activities in accordance with 40 CFR 

745.89, or if you are a professional 

(individual or firm) who must be 

certified to conduct lead-based paint 

activities in accordance with 40 CFR 

745.226. 

This final rule applies only in States, 

Territories, and Indian Tribes that do 

not have authorized programs pursuant 

to 40 CFR 745.324. For further 

information regarding the authorization 

status of States, Territories, and Indian 

Tribes, contact the National Lead 

Information Center (NLIC) at 1–800– 

424–LEAD. Potentially affected 

categories and entities may include, but 

are not limited to: 

• Building construction (NAICS code 

236), e.g., single family housing 

construction, multi-family housing 

construction, residential remodelers. 

• Specialty trade contractors (NAICS 

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

air-conditioning contractors; painting 

and wall covering contractors; electrical 

contractors; finish carpentry contractors; 

drywall and insulation contractors; 

siding contractors; tile and terrazzo 

11864 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

contractors; glass and glazing 

contractors. 

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

lessors of residential building and 

dwellings, residential property 

managers. 

• Child day care services (NAICS 

code 624410). 

• Elementary and secondary schools 

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

schools with kindergarten classrooms. 

• Other technical and trade schools 

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

providers. 

• Engineering services (NAICS code 

541330) and building inspection 

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

sampling technicians. 

• Lead abatement contractors and 

professionals (NAICS code 562910), e.g., 

firms and supervisors engaged in leadbased paint activities. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 745.89, 40 CFR 745.225, and 40 

CFR 745.226. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. Background 

A. What Action is the Agency Taking? 

EPA is revising the existing fees for 

training providers, firms, and 

individuals under the Lead-based Paint 

Activities Regulations. EPA is also 

establishing fees for training providers 

and renovation firms under the 

Renovation, Repair, and Painting Rule 

published in the Federal Register issue 

of April 22, 2008 (Ref. 1). As specified 

in TSCA section 402, EPA must 

establish and implement a fee schedule 

to recover for the U.S. Treasury the 

Agency’s costs of administering and 

enforcing the standards and 

requirements applicable to lead-based 

paint training programs and contractors. 

Specifically, this final rule establishes 

the fees that will be charged, in those 

States and Indian Tribes without 

authorized programs, for training 

programs seeking accreditation under 40 

CFR 745.225, for firms engaged in 

renovations seeking certification under 

40 CFR 745.89, and for individuals or 

firms engaged in lead-based paint 

activities seeking certification under 40 

CFR 745.226. 

B. What is the Agency’s Authority for 

Taking this Action? 

This final rule is being issued under 

the authority of TSCA sections 402(a)(3) 

and 402(c)(3) (15 U.S.C. 2682(a)(3) and 

2682(c)(3)). 

C. What Regulations Have Already Been 

Promulgated Under TSCA Section 402? 

In 1992, Congress found that lowlevel lead poisoning was widespread 

among American children, affecting, at 

that time, as many as 3,000,000 children 

under age 6; that the ingestion of 

household dust containing lead from 

deteriorating or abraded lead-based 

paint was the most common cause of 

lead poisoning in children; and that the 

health and development of children 

living in as many as 3,800,000 American 

homes was endangered by chipping or 

peeling lead paint, or excessive amounts 

of lead-contaminated dust in their 

homes. Congress further determined 

that the prior Federal response to this 

threat was insufficient and enacted Title 

X of the Housing and Community 

Development Act of 1992, Public Law 

102–550 (also known as the Residential 

Lead-Based Paint Hazard Reduction Act 

of 1992) (Title X). Title X established a 

national goal of eliminating lead-based 

paint hazards in housing as 

expeditiously as possible and provided 

a leadership role for the Federal 

Government in building the 

infrastructure necessary to achieve this 

goal. 

Title X added a new title to TSCA, 

entitled Title IV–Lead Exposure 

Reduction. Most of EPA’s 

responsibilities for addressing leadbased paint hazards can be found in 

Title IV, with TSCA section 402 being 

one source of the rulemaking authority 

to carry out these responsibilities. 

Section 402(a) of TSCA directs EPA to 

promulgate regulations covering leadbased paint activities to ensure persons 

performing these activities are properly 

trained, that training programs are 

accredited, and that contractors 

performing these activities are certified. 

These regulations must contain 

standards for performing lead-based 

paint activities, taking into account 

reliability, effectiveness, and safety. On 

August 29, 1996, EPA promulgated final 

regulations under TSCA section 402(a) 

that govern lead-based paint 

inspections, lead hazard screens, risk 

assessments, and abatements in target 

housing and child-occupied facilities 

(also referred to as the Lead-based Paint 

Activities Regulations) (Ref. 2). These 

regulations, codified at 40 CFR part 745, 

subpart L, contain an accreditation 

program for training providers and 

training and certification requirements 

for lead-based paint inspectors, risk 

assessors, project designers, abatement 

supervisors, and abatement workers. 

Work practice standards for lead-based 

paint activities are also included. 

Pursuant to TSCA section 404, 

provision was made for interested 

States, Territories, and Indian Tribes to 

apply for and receive authorization to 

administer their own lead-based paint 

activities programs. Requirements 

applicable to State, Territorial, and 

Tribal programs are codified in 40 CFR 

part 745, subpart Q. 

Section 402(a)(3) of TSCA directs the 

Agency to establish fees to recover for 

the U.S. Treasury the cost of 

administering and enforcing the 

standards and requirements established 

under TSCA section 402 and applicable 

to lead-based paint training programs 

and contractors. On June 9, 1999, 40 

CFR part 745, subpart L, was amended 

to include a fee schedule for training 

programs seeking EPA accreditation and 

for individuals and firms seeking EPA 

certification (Ref. 3). These fees were 

established as directed by TSCA section 

402(a)(3), which requires EPA to recover 

the cost of administering and enforcing 

the lead-based paint activities 

requirements in States without 

authorized programs. 

Section 402(c) of TSCA pertains to 

renovation and remodeling activities. 

TSCA section 402(c)(3) requires EPA to 

revise the regulations issued under 

TSCA section 402(a), the Lead-based 

Paint Activities Regulations, to apply to 

renovation or remodeling activities that 

create lead-based paint hazards. In the 

Federal Register issue of April 22, 2008, 

EPA issued a final rule covering 

renovation, repair, and painting 

activities in target housing and childoccupied facilities (the Renovation, 

Repair, and Painting Rule) (Ref. 1). 

Pursuant to the Renovation, Repair, and 

Painting Rule, persons performing 

covered renovation activities must be 

properly trained, renovators and 

renovation firms must be certified, and 

persons who provide renovator or dust 

sampling training must be accredited. 

As described in 40 CFR 745.81, the 

requirements of the Renovation, Repair, 

and Painting Rule become effective in 

stages with the entire rule becoming 

effective as of April 22, 2010. 

D. Proposed Rule 

In the Federal Register issue of 

August 21, 2008, EPA issued a proposed 

rule to revise the existing fees for 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11865 

training providers, firms, and 

individuals under the Lead-based Paint 

Activities Regulations and to establish 

fees for training providers and 

renovation firms under the Renovation, 

Repair, and Painting Rule (Ref. 4). As 

specified in TSCA section 402, EPA 

must establish and implement a fee 

schedule to recover for the U.S. 

Treasury the Agency’s costs of 

administering and enforcing the 

standards and requirements applicable 

to lead-based paint training programs 

and contractors. As explained in the 

preamble of the proposal for this rule, 

EPA interprets the language of TSCA 

section 402(c)(3), which requires EPA to 

revise the TSCA section 402(a) 

regulations to apply to renovation and 

remodeling activities that create leadbased paint hazards, to include the 

establishment of fees as directed by 

TSCA section 402(a). 

To estimate the costs of administering 

the accreditation and certification 

program, EPA directly estimated total 

costs for enforcement activities and 

Headquarters administrative activities 

(e.g., the cost to maintain the Federal 

Lead-based Paint Program (FLPP) 

database, the cost to enter data into the 

database), since these activities cannot 

be linked to specific applications. 

Enforcement cost estimates were 

generated based on the actual resources 

currently allocated for enforcement. 

EPA calculated the costs for Regional 

administrative activities on a per 

application basis, (e.g., the cost to 

review an application, the cost to issue 

a certificate), because these costs 

depend largely on the number and type 

of applications received. As described 

in the economic analysis for this final 

rule, the information pertaining to the 

Regional cost of processing applications 

was determined by observing and 

recording actual Regional application 

processing activities over a 30–day 

period (Ref. 5). The total program cost 

for EPA Regional administrative 

activities is the sum of the EPA Regional 

administrative costs for each type of 

application multiplied by the total 

number of that type of application 

received. 

III. Provisions of the Final Rule 

This final rule revises fees for training 

providers, firms, and individuals under 

the Lead-based Paint Activities 

Regulations and establishes fees for 

training providers and renovation firms 

under the Renovation, Repair, and 

Painting Rule. The Agency based these 

fees on the cost of administering and 

enforcing the Lead-based Paint 

Activities Regulations and the estimated 

cost of administering and enforcing the 

Renovation, Repair, and Painting Rule. 

The fees in this final rule are the same 

as those published in the proposed rule 

with one exception. After consideration 

of the comments on the proposed rule, 

EPA decided to assess a single fee of 

$550 for firms that apply for 

certification under the Lead-based Paint 

Activities Regulations and the 

Renovation, Repair, and Painting Rule 

on a single application in States where 

EPA implements both programs. For 

Tribal government entities, the fee is 

$20. The combined firm certification is 

explained in more detail in Unit IV.D. 

Accordingly, EPA revised the existing 

fees in 40 CFR 745.238 for the Leadbased Paint Activities Regulations as 

follows: 

• Accreditation for initial training 

course—$870 

• Accreditation for refresher training 

course—$690 

• Re-accreditation for initial training 

course—$620 

• Re-accreditation for refresher 

training course—$580 

• Initial firm certification—$550 

• Initial Tribal firm certification—$20 

• Firm re-certification—$550 

• Combined lead-based paint 

activities and renovation firm 

certification—$550 

• Combined lead-based paint 

activities and renovation firm 

certification for Tribal firms—$20 

• Tribal firm re-certification—$20 

• Individual certification (for all 

disciplines except worker)—$410 

• Individual worker certification— 

$310 

• Individual Tribal certification (all 

disciplines)—$10 

• Individual re-certification (for all 

disciplines except worker)—$410 

• Individual worker re-certification— 

$310 

• Individual Tribal re-certification 

(all disciplines)—$10 

This final rule also establishes the 

following fees for the Renovation, 

Repair, and Painting Rule: 

• Accreditation for initial renovator 

or dust sampling technician course— 

$560 

• Accreditation for refresher 

renovator or dust sampling technician 

course—$400 

• Re-accreditation for initial 

renovator or dust sampling technician 

course—$340 

• Re-accreditation for refresher 

renovator or dust sampling technician 

course—$310 

• Initial renovation firm 

certification—$300 

• Combined lead-based paint 

activities and renovation firm 

certification—$550 

• Combined lead-based paint 

activities and renovation firm 

certification for Tribal firms—$20 

• Initial Tribal renovation firm 

certification—$20 

• Renovation firm re-certification— 

$300 

• Tribal renovation firm recertification—$20 

IV. Summary of Public Comments and 

EPA Responses 

The Agency received comments from 

eight commenters on the proposed rule. 

The comments are included in the 

docket for this rulemaking. The 

Agency’s responses to these comments 

are also provided in the docket. 

Responses to the most significant 

comments are included in this unit. 

This unit addresses comments regarding 

the methods used to establish fee 

amounts as well as the fee amounts 

established by this final rule for: 

• Certification of Tribal governments 

and their respective employees. 

• Certification of State and local 

governments and their respective 

employees. 

• Certification of very small firms. 

A. Methods Used to Establish Fees 

With respect to the overall fee 

schedules, one commenter stated that 

the Renovation, Repair, and Painting 

Rule fees should be based on cost data 

from accreditations and certifications 

under the Department of Housing and 

Urban Development’s (HUD) Lead Safe 

Housing Rule. The commenter asserted 

that the HUD program is analogous to 

EPA’s Renovation, Repair, and Painting 

Rule in terms of accrediting and 

certifying training providers and firms. 

Two other commenters stated that the 

fee amounts and methods used to 

establish the fees for the Lead-based 

Paint Activities Regulations and the 

Renovation, Repair, and Painting Rule 

are reasonable. 

EPA disagrees that data from HUD’s 

Lead Safe Housing Rule should have 

been used to determine the costs of 

accreditations and certifications. HUD’s 

Lead Safe Housing Rule establishes 

certain requirements for renovations 

performed in target housing; however, 

the rule does not require HUD to 

accredit and certify training providers 

and firms. Consequently, HUD would 

not have information about the cost of 

administering an accreditation and 

certification program. 

B. Certification Fees for Tribal 

Governments and Their Employees 

The proposed rule included a reduced 

fee for Tribal governments of $20 for 

Tribal firm certification and $10 for the 

11866 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

individual certification of a Tribal 

employee. EPA received two comments 

regarding the lower fees for Tribes. One 

commenter agreed that the individual 

fee was appropriate and that EPA 

should extend the lower fees to lowincome workers and non-profit 

organizations. Another commenter 

stated that a lower fee should be based 

on need and that not all Tribes face the 

same financial constraints. 

The Agency agrees that the lower 

certification fees for Tribal governments 

and their employees are appropriate. 

While some Tribal governments may 

have adequate funding to pay these fees, 

Tribal governments overall would 

benefit from lower fees. Therefore, the 

final rule includes a $20 fee for the firm 

certification of a Tribal government and 

$10 for the individual certification of an 

employee of a Tribal government. EPA 

estimates that only a small number of 

Tribal governments will seek 

certification. Thus the lower Tribal fees 

will have a negligible impact on fees for 

other firms and individuals. Moreover, 

establishing a need-based fee schedule 

would introduce additional 

administrative (verification) and 

enforcement costs, changing the cost 

analysis. In sum, while some Tribal 

governments may have ample resources, 

the increased costs of implementing a 

need-based system do not, on balance, 

justify doing so. 

One commenter asked if a Federal 

agency whose primary focus is the 

support of Tribes would qualify for the 

reduced Tribal fee. Under the Leadbased Paint Activities Regulations and 

the Renovation, Repair, and Painting 

Rule, only a Tribal government and its 

employees are eligible for the lower fee. 

Federal agencies and other non-Tribal 

governments can not take advantage of 

the lower fee. 

C. Certification Fees for State and Local 

Governments and Their Employees 

EPA sought comment on whether the 

costs to State and local governments 

should be shifted to non-government 

firms and individuals in order to lower 

certification fees for State and local 

government firm and individual 

certifications. These governments are 

already exempt under TSCA section 

402(a)(3) from paying Federal 

accreditation fees. As stated in the 

preamble to the proposal, EPA 

considered further reducing the 

financial impact of Federal fees on State 

and local governments. As an example 

of a potential fee, the Agency suggested 

a 50% reduction in the proposed 

certification fees. EPA did not make an 

estimate of how many State 

governments would be able to take 

advantage of this lower fee but instead 

requested comment on what the number 

would be. 

The Agency received several 

comments on lowering the fee for States 

and local governments. One commenter 

was in support of a lower fee stating that 

a 50% fee reduction was appropriate. 

Three commenters opposed the lower 

fees. One of the commenters in 

opposition stated that there is no basis 

for a lower fee especially if the 

decreasing fees would be recovered by 

non-government firms and individuals. 

Another commenter objected on the 

basis that businesses will pay the fees 

for their employees and State and local 

governments should do the same. 

After considering the issue, the 

Agency has decided not to shift costs to 

non-governmental firms and individuals 

in order to lower certification fees for 

State and local governments. The 

Agency did not receive any comments 

from State and local governments and 

therefore did not acquire any specific 

information on whether lower fees for 

these governments are necessary. More 

importantly, EPA did not receive any 

information concerning the number of 

government entities and employees that 

would take advantage of the lower fees 

making it difficult to even approximate 

the number of entities and employees 

that would be eligible for the lower fee 

and the amount of the costs that would 

have to be shifted to other firms and 

individuals in order to be recouped. 

D. Certification Fees for Very Small 

Firms 

In the proposed rule, EPA requested 

comment on whether firms with annual 

revenues below $25,000 seeking 

certification under the Renovation, 

Repair, and Painting Rule should pay a 

reduced firm certification fee of $100 in 

order to reduce the impact of the fees on 

small entities. Several commenters 

expressed support for the lower fee. One 

commenter stated that the lower fee 

makes sense but should be further 

gradated according to a firm’s annual 

revenue. Another commenter claimed 

that the idea has merits but that any 

associated increase in fees should be 

borne solely by other firms and not 

training providers. One commenter 

opposed the lower fee claiming that the 

$300 fee is not burdensome. Another 

commenter was in favor of the reduced 

fee provided that the definition of 

annual revenues was included revenue 

from all work by the firm and not just 

lead abatement work. 

After consideration of the comments 

and further analysis, the Agency 

decided not increase fees on other firms 

and training providers in order to lower 

fees for renovation firms earning below 

$25,000 of revenue per year. 

Establishing a lower fee or graduated fee 

schedule based upon gross receipts 

would introduce additional 

administrative and enforcement cost 

associated with verifying that firms 

were entitled to a lower fee. Thus, not 

only would the difference in fees need 

to be shifted to other entities, but the 

increased administrative and 

enforcement costs would also need to be 

recouped. Furthermore, the Agency 

generally agrees that a $300 fee for a 5– 

year certification, i.e., $60 per year, is 

not overly burdensome and that the 

difference in paying $100 or $200 as 

opposed to $300 would not have a 

significant impact. Thus, after weighing 

the equities of increasing fees on other 

firms to cover the cost associated with 

a fee reduction for very small businesses 

against the burden of a $300 fee 

amortized over 5 years, the Agency 

determined that such a reduced fee 

structure could not be justified. 

One commenter claimed that EPA 

should not charge a firm two 

certification fees if it applies for 

certification under the Lead-based Paint 

Activities Regulations and the 

Renovation, Repair, and Painting Rule. 

The commenter believes it is unfair to 

charge two fees for a single firm. 

In light of this comment, the Agency 

decided to assess a single fee of $550 for 

firms that apply for certification under 

the Lead-based Paint Activities 

Regulations and the Renovation, Repair, 

and Painting Rule on a single 

application. For Tribal government 

entities, the fee is $20. Firms that apply 

on separate applications will have to 

pay the appropriate fee for each. The 

lower fee would only apply when a 

single firm applies for both 

certifications on the same firm 

application in a State where EPA 

implements both programs. EPA is 

charging a lower fee because it is less 

costly to process a single application 

instead of separate applications for each 

program. The Agency agrees that it is 

appropriate to pass along this cost 

savings to firms. Moreover, the impact 

of doing so will be limited. The Agency 

does not expect many firms to take 

advantage of this due to difference in 

the length of certifications under each 

program. Certifications for the 

Renovation, Repair, and Painting Rule 

last for 3 years while certifications 

under the Renovation, Repair, and 

Painting Rule are good for 5 years. 

Therefore, it is unlikely that a firm 

already certified under the Lead-based 

Paint Activities Regulations will apply 

for recertification at the same time it 

applies for certification under the 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11867 

Renovation, Repair, and Painting Rule. 

Compared to the large number of firms 

that will seek certification under the 

Renovation, Repair, and Painting Rule, 

there are very few firms certified under 

the Lead-based Paint Activities 

Regulations. Thus, this change will have 

a negligible impact on fees for other 

entities. 

V. References 

The following is a list of the 

documents that are specifically 

referenced in this final rule and placed 

in the docket that was established under 

docket ID number EPA–HQ–OPPT– 

2008–0382. For information on 

accessing the docket, refer to the 

ADDRESSES unit at the beginning of this 

document. 

1. USEPA. Lead; Renovation, Repair, 

and Painting Program; Final Rule. 

Federal Register (73 FR 21692, April 22, 

2008) (FRL–8355–7). 

2. USEPA. Lead; Requirements for 

Lead-Based Paint Activities in Target 

Housing and Child-Occupied Facilities: 

Final Rule. Federal Register (61 FR 

45778, August 29, 1996) (FRL–5389–9). 

3. USEPA. Lead; Fees for 

Accreditation of Training Programs and 

Certification of Lead-based Paint 

Activities Contractors; Final Rule. 

Federal Register (64 FR 31092, June 9, 

1999) (FRL–6058–6). 

4. USEPA. Lead; Fees for 

Accreditation of Training Programs and 

Certification of Lead-Based Paint 

Activities and Renovation Contractors; 

Proposed Rule. Federal Register (73 FR 

49378, August 21, 2008) (FRL–8372–4). 

5. USEPA. Office of Pollution 

Prevention and Toxics (OPPT). 

Economic Analysis for the TSCA 

Section 402 Lead-Based Paint Program 

Accreditation and Certification Fee 

Rule. January 27, 2009. 

6. USEPA. OPPT. Economic Analysis 

for the TSCA Lead Renovation, Repair, 

and Painting Program Final Rule for 

Target Housing and Child-Occupied 

Facilities. March 2008. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the 

Executive order. EPA has prepared an 

analysis of the potential impact of this 

action, which is briefly summarized 

here. The impact of the fee amendments 

to the Lead-based Paint Activities 

Regulations is estimated to be $1.2 

million per year, or $6.1 million over 

the next 5 years. The impact of the fees 

for the Renovation, Repair, and Painting 

Rule, which were addressed and 

accounted for during the development 

of that rule, is estimated to be $61 

million in the first year, and $22 million 

in each of the following 4 years, or $150 

million over the next 5 years. EPA’s 

analysis is contained in two documents, 

entitled Economic Analysis for the 

TSCA Section 402 Lead-Based Paint 

Program Accreditation and Certification 

Fee Rule (Ref. 5) and Economic Analysis 

for the TSCA Lead Renovation, Repair, 

and Painting Program Final Rule for 

Target Housing and Child-Occupied 

Facilities (Ref. 6). These documents are 

available in the docket for this final 

rule. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden because 

this final rule merely established fees 

associated with previously promulgated 

accreditation and certification 

application requirements. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in 40 

CFR part 745, subpart E and subpart L, 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2070–0155 (EPA ICR number 1715). The 

OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, small 

entity is defined in accordance with 

section 601 of RFA as: 

1. A small business as defined by the 

Small Business Administration’s (SBA) 

regulations at 13 CFR 121.201. 

2. A small governmental jurisdiction 

that is a government of a city, county, 

town, school district, or special district 

with a population of less than 50,000. 

3. A small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities that are potentially 

directly regulated by this final rule 

include: Small businesses (including 

abatement and renovation contractors, 

environmental testing firms, and 

property owners and managers); small 

non-profits (including child day care 

centers, private schools, and advocacy 

groups); and small governments (local 

governments, school districts). 

This final rule would result in a slight 

overall decrease in the fees currently 

assessed under the Lead-based Paint 

Activities Regulations. Fees for training 

providers will decrease with the 

exception of the project designer course 

refresher. Individual fees will decrease 

for the certification and recertification 

of risk assessors, and the certification of 

supervisors and project designers. 

Consequently, EPA estimates that this 

portion of the final rule will have no 

adverse impact on small entities; in fact 

the small entities affected by the final 

rule will incur cost savings. 

With respect to the fees for the 

Renovation, Repair and Painting Rule, 

EPA does not believe that the firm 

certification fee of $300 (which, over 5 

years, is $60 per year) established in this 

final rule to implement the 

requirements of the Renovation, Repair, 

and Painting Rule would have a 

significant economic impact on a 

substantial number of small entities. 

Overall, EPA estimated that there are 

approximately 204,956 small entities 

that would be affected by the 

Renovation, Repair, and Painting Rule. 

Of these, there are an estimated 179,818 

small businesses with an average impact 

from the fees ranging from 0.007% to 

0.220%, 18,088 small non-profits with 

an average impact ranging from 0.006% 

to 0.097%, and 7,050 small governments 

with an average impact ranging from 

0.0004% to 0.002%. The impact was 

measured by comparing the cost of the 

fees incurred by the entity to the entity’s 

revenue. 

Moreover, the impacts of the fees for 

the Renovation, Repair, and Painting 

Rule on small entities were also 

addressed and accounted for during the 

development of that rule. As provided 

for in section 605 of RFA, the fees 

established in this final rule to 

implement the Renovation, Repair and 

Painting Rule are so closely related to 

the Renovation, Repair, and Painting 

Rule that EPA considers it and the 

analysis EPA did pursuant to the 

Renovation, Repair, and Painting Rule 

to be one rule for the purposes of 

11868 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

sections 603 and 604 of RFA. Indeed, 

the economic analysis for the 

Renovation, Repair, and Painting Rule 

(Ref. 6) included projected fees that 

were slightly higher than those being 

established in this final rule. 

Accordingly, in order to avoid 

duplicative action, EPA is also relying 

on the analysis of that Renovation, 

Repair, and Painting Rule, as 

supplemented by the economic analysis 

accompanying this final rule, as 

satisfying EPA’s obligations under RFA. 

Specifically, pursuant to section 603 of 

RFA, EPA prepared an initial regulatory 

flexibility analysis (IRFA) for the 

proposed Renovation, Repair, and 

Painting Rule and convened a Small 

Business Advocacy Review Panel to 

obtain advice and recommendations of 

representatives of the regulated small 

entities on a range of issues, including 

training and certification fees. As 

required by section 604 of RFA, the 

Agency also prepared a final regulatory 

flexibility analysis (FRFA) for the final 

Renovation, Repair, and Painting Rule 

which took into account the fees (albeit 

taking into account slightly higher 

projections) being established in this 

final rule. The FRFA also addressed the 

issues raised by public comments on 

IRFA, which was part of the proposed 

rule. Accordingly, the impacts of the 

fees for the Renovation, Repair, and 

Painting Rule on small entities have 

been adequately addressed for purposes 

of RFA. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this final rule on small 

entities. In response to concerns about 

impacts on abatement workers and the 

firms that employ them, EPA reduced 

fees for worker certification. However, 

TSCA section 402(a)(3) requires EPA to 

recover the costs of administering its 

lead training course provider 

accreditation and contractor 

certification program through fees. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, requires Federal agencies to 

assess the effects of their regulatory 

actions to determine if such actions 

impose Federal mandates on State, 

local, and Tribal governments and the 

private sector. This rule does not 

contain a Federal mandate under UMRA 

that may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any 1 year. EPA has 

prepared an economic analysis of the 

potential impact of this action, which is 

estimated to be $156 million over the 

next 5 years which is an average of $31 

million per year. The impact of the fees 

for the Lead-based Paint Activities 

Regulations is estimated to be $1.2 

million per year, or $6.1 million over 

the next 5 years. The impact of the fees 

for the Renovation, Repair, and Painting 

Program, which were addressed and 

accounted for during the development 

of that rule, is estimated to be $61 

million in the first year, and $22 million 

in each of the following 4 years, or $150 

million over the next 5 years. Thus, this 

final rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

Small governments may perform leadbased paint inspections, risk 

assessments, or abatements, or operate 

schools that are child-occupied 

facilities. EPA generally measures a 

significant impact under UMRA as 

being expenditures, in the aggregate, of 

more than 1% of small government 

revenues in any 1 year. As explained in 

Unit VI.C., the final rule is expected to 

result in small government impacts well 

under 1% of revenues. EPA has 

determined therefore that the final rule 

does not significantly affect small 

governments. Additionally, EPA has 

determined that the final rule does not 

uniquely affect small governments, as 

the final rule is not targeted at small 

governments, does not primarily affect 

small governments, and does not 

impose a different burden on small 

governments than on other entities that 

perform regulated activities. 

E. Executive Order 13132 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This final rule 

merely establishes fees, as required by 

TSCA sections 402(a)(3) and 402(c)(3), 

to recover the costs of administering the 

previously promulgated Federal leadbased paint accreditation and 

certification programs. Thus, Executive 

Order 13132 does not apply to this final 

rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicited comment on the 

proposed rule from State and local 

officials. 

F. Executive Order 13175 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). This final rule would only 

establish fees, as required by TSCA 

sections 402(a)(3) and 402(c)(3), to 

recover the costs of administering the 

previously promulgated Federal leadbased paint accreditation and 

certification programs. Thus, Executive 

Order 13175 does not apply to this final 

rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997) because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. This 

final rule merely establishes fees, as 

required by TSCA sections 402(a)(3) and 

402(c)(3), to recover the costs of 

administering the previously 

promulgated Federal lead-based paint 

accreditation and certification programs. 

H. Executive Order 13211 

This final rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11869 

113, section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involved 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898 

Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) establishes Federal executive 

policy on environmental justice. Its 

main provision directs Federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action merely 

establishes fees, as required by TSCA 

sections 402(a)(3) and 402(c)(3), to 

recover the costs of administering the 

previously promulgated Federal leadbased paint accreditation and 

certification programs. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 745 

Environmental protection, 

Administrative practice and procedure, 

Children, Fees, Housing, Lead, Leadbased paint, Renovation. 

Dated: March 12, 2009. 

Lisa P. Jackson, 

Administrator. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 745—[AMENDED] 

■ 1. The authority citation for part 745 

continues to read as follows: 

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

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

■ 2. Section 745.92 is added to subpart 

E to read as follows: 

§ 745.92 Fees for the accreditation of 

renovation and dust sampling technician 

training and the certification of renovation 

firms. 

(a) Persons who must pay fees. Fees 

in accordance with paragraph (b) of this 

section must be paid by: 

(1) Training programs—(i) Nonexempt training programs. All nonexempt training programs applying to 

EPA for the accreditation and reaccreditation of training programs in 

one or more of the following disciplines: 

Renovator, dust sampling technician. 

(ii) Exemption. No fee shall be 

imposed on any training program 

operated by a State, federally recognized 

Indian Tribe, local government, or nonprofit organization. This exemption 

does not apply to the certification of 

firms or individuals. 

(2) Firms. All firms applying to EPA 

for certification and re-certification to 

conduct renovations. 

(b) Fee amounts—(1) Certification and 

accreditation fees. Initial and renewal 

certification and accreditation fees are 

specified in the following table: 

Training Program Accreditation Re-accreditation (every 4 years, see 40 

CFR 745.225(f)(1) for details) 

Initial Renovator or Dust Sampling Technician 

Course 

$560 $340 

Refresher Renovator or Dust Sampling Technician 

Course 

$400 $310 

Renovation Firm Certification Re-certification (every 5 years see 40 CFR 

745.89(b)) 

Firm $300 $300 

Combined Renovation and Lead-based Paint Activities Firm Application $550 $550 

Combined Renovation and Lead-based Paint Activities Tribal Firm Application $20 $20 

Tribal Firm $20 $20 

(2) Lost certificate. A $15 fee will be 

charged for the replacement of a firm 

certificate. 

(c) Certificate replacement. Firms 

seeking certificate replacement must: 

(1) Complete the applicable portions 

of the ‘‘Application for Firms’’ in 

accordance with the instructions 

provided. 

(2) Submit the application and a 

payment of $15 in accordance with the 

instructions provided with the 

application package. 

(d) Failure to remit fees. (1) EPA will 

not provide certification, recertification, accreditation, or reaccreditation for any firm or training 

program that does not remit fees 

described in paragraph (b) of this 

11870 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

section in accordance with the 

procedures specified in 40 CFR 745.89. 

(2) EPA will not replace a certificate 

for any firm that does not remit the $15 

fee in accordance with the procedures 

specified in paragraph (c) of this 

section. 

■ 3. Section 745.238 of subpart L is 

amended as follows: 

■ a. Revise the table in paragraph (c)(1). 

■ b. Remove the phrase ‘‘to Conduct 

Lead-based Paint Activities’’ in 

paragraph (d)(1)(ii). 

■ c. Remove the phrase ‘‘to Conduct 

Lead-based Paint Activities’’ in 

paragraph (e)(1)(ii). 

§ 745.238 Fees for accreditation and 

certification of lead-based paint activities. 

* * * * * 

(c) * * * 

(1) * * * 

Training Program Accreditation Re-accreditation (every 4 years, see 40 

CFR 745.225(f)(1) for details) 

Initial Course 

Inspector

Risk assessor

Supervisor

Worker

Project Designer

$870 

$870 

$870 

$870 

$870 

$620 

$620 

$620 

$620 

$620 

Refresher Course 

Inspector

Risk assessor

Supervisor

Worker

Project Designer

$690 

$690 

$690 

$690 

$690 

$580 

$580 

$580 

$580 

$580 

Lead-based Paint Activities—Individual Certification Re-certification (every 3 years, see 40 CFR 

745.226(e)(1) for details) 

Inspector 

Risk assessor 

Supervisor 

Worker 

Project designer 

Tribal certification (each discipline) 

$410 

$410 

$410 

$310 

$410 

$10 

$410 

$410 

$410 

$310 

$410 

$10 

Lead-based Paint Activities—Firm Certification Re-certification (every 3 years, see 40 CFR 

745.226(f)(7) for details) 

Firm $550 $550 

Combined Renovation and Lead-based Paint Activities Firm Application $550 $550 

Combined Renovation and Lead-based Paint Activities Tribal Firm Application $20 $20 

Tribal Firm $20 $20 

* * * * * 

[FR Doc. E9–6167 Filed 3–19–09; 8:45 am] 

BILLING CODE 6560–50–S 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–34 

[FMR Amendment 2009–02; FMR Case 

2006–102–1; Docket 2008–0001; Sequence 

06] 

RIN 3090–AH68 

Federal Management Regulation; 

Motor Vehicle Management 

AGENCY: Office of Governmentwide 

Policy, GSA. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Management Regulation (FMR) 

by revising coverage of Motor Vehicle 

Management. This final rule is a result 

of comments received on an interim rule 

published in the Federal Register on 

May 12, 2006 (71 FR 27636), and from 

members of the Federal Fleet Policy 

Council (FEDFLEET). This final rule 

also incorporates other administrative 

changes. 

DATES: Effective Date: This final rule is 

effective March 20, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VPR), Room 

4041, GSA Building, Washington, DC 

20405, telephone (202) 501–4755, for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Jim Vogelsinger, 

Office of Governmentwide Policy, Asset 

Management Policy (MTA), 

Washington, DC 20405, telephone (202) 

501–1764. Please cite FMR Amendment 

2009–02, FMR case 2006–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

An Interim Rule was published in the 

Federal Register on May 12, 2006 (71 

FR 27636). This final rule revises the 

FMR’s coverage on Motor Vehicle 

Management (41 CFR part 102–34) to 

reflect the policy and administrative 

changes suggested by comments 

received on the interim rule from 

members of FEDFLEET. Other 

administrative changes will make the 

regulation accurately reflect current 

motor vehicle management terminology, 

update references, and clarify 

requirements. 

This part has been renumbered. 

Deletions of and changes to previous 

sections follow: 

Deleted § 102–34.20—What types of 

motor vehicle fleets are there? (The 

definitions for ‘‘Domestic fleet’’ and 

‘‘Foreign fleet’’ are moved to § 102–