[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 7987-7996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2014-0304; FRL-9941-61]
RIN 2070-AK02


Lead-Based Paint Programs; Amendment to Jurisdiction-Specific 
Certification and Accreditation Requirements and Renovator Refresher 
Training Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing revisions to the Lead Renovation, Repair, 
and Painting (RRP) rule, and the Lead-based Paint (LBP) Activities 
rule. The revisions are intended to improve the day-to-day function of 
these programs by reducing burdens to industry and EPA, and by 
clarifying language for training providers, while retaining the 
protections provided by the original rules. First, EPA is modifying the 
requirement that the renovator refresher training for individuals have 
a hands-on component. Second, the Agency is removing jurisdiction-
specific certification and accreditation requirements under the LBP 
Activities program in States where EPA administers the program. 
Previously, this program required that training providers, firms and 
individuals seek certification in each jurisdiction (e.g., a State) 
where the organization or person wanted to work. Third, EPA is adding 
clarifying language to the requirements for training providers under 
both the RRP and LBP Activities programs.

DATES: This final rule is effective February 17, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number HQ-OPPT-2014-0304, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics 
Docket (OPPT Docket), Environmental Protection Agency Docket Center 
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Marc Edmonds, National Program Chemicals Division, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
202-566-0758; email address: <a href="/cdn-cgi/l/email-protection#355051585a5b51461b58544756755045541b525a43"><span class="__cf_email__" data-cfemail="aacfcec7c5c4ced984c7cbd8c9eacfdacb84cdc5dc">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#82d6d1c1c3afcaedf6eeebece7c2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="7c282f3f3d51341308101512193c190c1d521b130a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you operate a 
training program required to be accredited under 40 CFR 745.225, if you 
are a firm or individual who must be certified to conduct lead-based 
paint activities in accordance with 40 CFR 745.226, or if you are an 
individual who must be certified to conduct renovation activities in 
accordance with 40 CFR 745.90. This rule applies only in States, 
territories, and tribal areas that do not have authorized programs 
pursuant to 40 CFR 745.324. For further information regarding the 
authorization status of States, territories, and Tribes, contact the 
National Lead Information Center at 1-800-424-LEAD (5323).
    The following list of North American Industrial Classification 
System (NAICS) codes is not intended to be exhaustive, but rather 
provides a guide to help readers determine whether this document 
applies to them. Potentially affected entities may include:
    <bullet> Building construction (NAICS code 236), e.g., single-
family housing construction, multi-family housing construction, 
residential remodelers.
    <bullet> Specialty trade contractors (NAICS code 238), e.g., 
plumbing, heating, and air-conditioning contractors, painting and wall 
covering contractors, electrical contractors, finish carpentry 
contractors, drywall and insulation contractors, siding contractors, 
tile and terrazzo contractors, glass and glazing contractors.
    <bullet> Real estate (NAICS code 531), e.g., lessors of residential 
buildings and dwellings, residential property managers.
    <bullet> Child day care services (NAICS code 624410).
    <bullet> Elementary and secondary schools (NAICS code 611110), 
e.g., elementary schools with kindergarten classrooms.
    <bullet> Other technical and trade schools (NAICS code 611519), 
e.g., training providers.

[[Page 7988]]

    <bullet> Engineering services (NAICS code 541330) and building 
inspection services (NAICS code 541350), e.g., dust sampling 
technicians.
    <bullet> Lead abatement professionals (NAICS code 562910), e.g., 
firms and supervisors engaged in lead-based paint activities.

B. What is the agency's authority for taking this action?

    This final rule is being issued under the authority of Sections 
402(a) and 402(c)(3) of the Toxic Substances Control Act (TSCA), 15 
U.S.C. 2682(a) and 2682(c)(3).

C. What action is the agency taking?

    EPA is making minor revisions to the RRP rule that published in the 
Federal Register on April 22, 2008 (Ref. 1) and the Lead-based Paint 
Activities rule that published in the Federal Register on August 29, 
1996 (Ref. 2). EPA is modifying the requirement that the renovator 
refresher training for individuals have a hands-on component. The 
Agency is also removing jurisdictions under the LBP Activities program 
in States where EPA administers the program. Previously, this program 
required that training providers, firms and individuals seek 
certification in each jurisdiction (e.g., a State) where the 
organization or person wanted to work. In addition, EPA is adding 
clarifying language to the requirements for training providers under 
both the RRP and LBP Activities programs.

D. Why is the agency taking this action?

    The proposed revisions are intended to improve the day-to-day 
function of these programs by reducing burdens to industry and the EPA 
and by clarifying language for training providers, while retaining the 
benefits of the original rules.

E. What are the estimated incremental impacts of this action?

    EPA has prepared an economic analysis (EA) of the potential 
incremental impacts associated with this rulemaking (Ref. 3). This 
analysis, which is available in the docket, is discussed in more detail 
in Unit III. The following is a brief outline of the estimated 
incremental impacts of this rulemaking.
    [ssquf] Overall costs. This rule is estimated to result in cost 
savings of $1.8 million to $3.4 million per year.
    [ssquf] Paperwork burdens. The rule affects information collection 
activities by training providers that wish to offer e-learning 
refresher training and is estimated to have an incremental total 
estimated annual burden of 2,656 hours. Burden is defined at 5 CFR 
1320.3(b).
    [ssquf] Small entity impacts. This rule does not have a significant 
impact on a substantial number of small entities.
    [ssquf] Effects on State, local, and Tribal governments. This rule 
does not have an intergovernmental mandate, any significant or unique 
effects on small governments, or Federalism or Tribal implications.

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

    This unit discusses the final rule, including what was proposed and 
the public comments received on the proposed rule. A separate document 
that summarizes the comments received that were relevant to the 
proposal and EPA's responses has been prepared and is available in the 
docket for this rulemaking (Ref. 4).

A. Hands-On Training

    To become certified as a renovator, a person must successfully 
complete a renovator course accredited by EPA or by a State, 
territorial, or tribal program authorized by EPA. To gain initial 
certification, individual renovators must complete an 8-hour training 
course. People who had taken an EPA, Department of Housing and Urban 
Development (HUD), or EPA/HUD model renovation training course could 
take the 4-hour refresher renovator training in lieu of the 8-hour 
initial course. Trainings are taught either in a classroom or via 
electronic learning (e-learning). E-learning is a web-based training 
that is not lead by an instructor where the student can take the 
training at his or her own pace. Requirements specific to e-learning 
are found at 40 CFR 745.225. To maintain certification, renovators must 
complete a renovator refresher course before their certification 
expires. If the renovator does not complete the course within the 
required timeframe, the individual must retake the initial 8-hour 
course to become certified again.
    The 8-hour initial training includes hands-on training in testing 
for lead in paint, methods for minimizing the creation of dust and 
lead-based paint hazards, interior and exterior containment and cleanup 
methods, and cleaning verification. Activities covered include the use 
of EPA-recognized test kits, setting up barriers, covering furniture, 
ducts, and carpeted floors with plastic, mopping floors, bagging waste, 
and determining that the work area has been adequately cleaned. Each 
student performs these activities in front of an instructor who 
determines if the student is proficient in each one. Students must be 
deemed proficient in order to pass the class and become a certified 
renovator. The current version of the renovator refresher course 
includes hands-on training in testing paint for lead and cleaning 
verification.
    On January 15, 2015, EPA proposed to eliminate the hands-on 
requirement in the renovator refresher course. Over 140 comments on its 
proposal were received. Comments both supported and opposed the 
proposed change. After carefully weighing the issues at stake and 
considering the concerns raised by commenters, the Agency is 
promulgating a modified version of the proposal. Specifically, EPA will 
allow renovators to take a refresher course without hands-on training 
once every other certification. Once a renovator takes the refresher 
course without the hands-on training, their next refresher training 
must include hands-on training. The certification from the refresher 
course without hands-on training will last for 3 years. Taking the 
course without hands-on training is optional but once a renovator takes 
the course, their next refresher course must include hands-on training 
and be taken within 3 years of their previous certification. The 
certification from taking a course with hands-on training will last for 
5 years.
    Many commenters stated that allowing the refresher course to be 
taught entirely via e-learning would result in more trained 
contractors. One commenter stated the e-learning course would allow for 
wider adoption of the rule resulting in higher compliance. Another 
commenter stated that this will benefit homeowners by having more 
trained renovators in the field. One commenter who is in favor of e-
learning training stated that when he took his initial renovator 
training, he spent 2 days traveling to and from the training and 
another day taking the class. E-learning training would have saved this 
person travel costs and time away from work. EPA agrees that a 
refresher training taught entirely online via e-learning would result 
in more renovators taking the training. Without the hands-on 
requirement, renovators seeking recertification would be able to take 
the course entirely via e-learning without having to travel to a 
training location to perform the hands-on activities. This change will 
make it easier for renovators to take the refresher training, 
especially renovators who live far from a training facility. Renovators 
will save time and travel costs by taking the course from a single 
location, possibly their own home. Although the e-learning training 
will only be allowed for every other refresher

[[Page 7989]]

training, EPA believes that the associated burden and cost savings will 
lead to more renovators taking the refresher training and becoming 
recertified. Having more renovators take the refresher training will 
lead to a higher number of certified renovators, resulting in a 
workforce better able to perform renovations in a lead-safe manner.
    Many commenters believe that an in-class course provides better 
training than an e-learning course. One commenter stated that students 
learn more when they can interact with other students and share 
information. Many commenters stated that students learn better by 
performing hands-on activities. One commenter stated that it is 
important for students to practice what they learn and get immediate 
feedback from instructors. Another commenter stated that people who 
work with their hands, such as renovators, learn better from doing 
rather than watching. While EPA believes that renovators can 
sufficiently learn the RRP requirements via e-learning training, the 
Agency understands the commenters' concerns about students missing out 
on potential benefits of hands-on training and interaction with 
trainers and students when they take an e-learning course. These 
concerns are another reason EPA shortened the certification period for 
the renovator course that does not include hands-on training to 3 years 
and required in-class training every other certification. This way, 
renovators who may learn more in a classroom setting will not be able 
to take the e-learning course perpetually without ever having classroom 
refresher training. Further, they will have to take the in-class 
training sooner, after only 3 years from when they completed the e-
learning course.
    Many commenters were concerned that training providers would have 
difficulty verifying the identity of the person taking the course. One 
commenter stated that it would be difficult, if not impossible, to 
verify that the person taking the training is, in fact, the individual 
who receives certification. Another commenter pointed out that a 
classroom-based course reduces the potential for misrepresentation and 
fraud that can take place in an online learning situation. As one 
training provider explained, there are measures that it takes to verify 
student identity in an e-learning course but admitted that there is no 
guarantee that the person taking the course is who they claim to be. 
Several commenters suggested possible solutions, such as tracking IP 
addresses or taking a picture of the student without notice to verify 
their identity. These commenters' suggestions, as well as others, do 
not appear to be practical methods to verify student identity. EPA has 
already employed more practical methods of verifying student 
participation when accrediting a training program to offer these 
refresher training courses for renovation: Each student is assigned a 
unique identifier to launch and re-launch the course, each student 
completes periodic knowledge checks equivalent to the number and 
content of those in EPA's model course, and each student is tested with 
at least 20 questions and scores at least 80% for successful 
completion. EPA recognizes the possibility that someone could have 
another person take the course for him or her; however, there are 
potential penalties for those who do this. Pursuant to 18 U.S.C. 1001, 
it is a criminal violation to knowingly and willfully make a false or 
fraudulent statement in any matter within EPA's jurisdiction. 
Furthermore, if a renovator is tempted to have someone else take the 
course for them, they will know that they will have to take the course 
in person for their next certification, ensuring that their identity 
can be verified, because the e-learning course can only be taken once 
every other certification.
    EPA understands that there may be disadvantages to e-learning 
training. However, the Agency expects that the associated burden and 
cost savings of the rule will lead to more renovators taking the 
refresher training and becoming recertified than would have done so 
otherwise. The Agency believes the benefits of having more renovators 
take the refresher training, leading to a higher number of certified 
renovators, will outweigh any disadvantages of the final rule.

B. Jurisdictions

    On June 9, 1999, 40 CFR part 745, subpart L, was amended to include 
a fee schedule for training programs seeking EPA accreditation and for 
individuals and firms seeking EPA certification (Ref. 5). These fees 
were established as directed by TSCA section 402(a)(3), which requires 
EPA to recover the cost of administering and enforcing the LBP 
Activities requirements in States without authorized programs. The fee 
schedule created a multi-jurisdiction registration fee which applies to 
individuals, firms and training programs that provide training or 
perform lead-based paint activities in more than one State administered 
by the EPA program. This fee is applied per discipline for each 
additional EPA-administered State in which the applicant seeks 
certification/recertification or accreditation/reaccreditation. An EPA-
administered jurisdiction is either an individual State without an 
authorized program or all Tribes without authorized programs in a given 
EPA Region.
    The multi-state jurisdiction fee of $35 was based on the estimated 
burdens required for Agency clerical, technical, and managerial staff 
to perform tasks associated with adding jurisdictions to a 
certification or accreditation. Tasks include entering the information 
into a database, approving or disapproving the application and 
generating and mailing a certificate to the applicant. After years of 
implementing the LBP Activities Program, the Agency believes that 
separate certifications for each EPA-administered State jurisdiction 
are not necessary. In particular, EPA does not believe it is necessary 
for the Agency to certify or accredit the same applicant multiple 
times; certification in one EPA-administered State jurisdiction should 
be sufficient to perform work in any other EPA-administered State. 
Accordingly, the Agency is eliminating the requirement for separate 
certifications in each EPA-administered State jurisdiction in the LBP 
Activities Program. Regulated entities will no longer have to send an 
application and fees to EPA for the purpose of adding additional EPA-
administered State jurisdictions to their certification or 
accreditation. Now when a regulated entity applies to EPA and receives 
certification in the LBP Activities Program, they will be able to work 
in any EPA-administered State.
    EPA received many comments on its proposal to remove jurisdictions 
from the LBP Activities Program. Most comments were in support of 
eliminating jurisdictions. Commenters who opposed the proposed removal 
were confused about what EPA was proposing, believing that the Agency 
was going to change the requirements for States to become authorized to 
implement the LBP Activities Program. The Agency is not changing the 
State authorization requirements, nor did it propose to do so. EPA is 
promulgating the revisions as proposed by eliminating jurisdictions in 
the LBP Activities Program administered by EPA.
    Now that jurisdictions in EPA's LBP Activities Program have been 
removed, firms, individuals and training providers will receive one 
certificate that will allow them to work in all EPA-administered States 
instead of one certificate per State. Certificates issued before this 
final rule are still valid until their expiration and regulated 
entities will not need their certificates replaced

[[Page 7990]]

because of this rule. In addition, a previous certification in a single 
EPA-administered jurisdiction allows firms, individuals and training 
providers to perform lead-based paint activities in all EPA-
administered jurisdictions until the expiration of that certification.

C. Clarification Regarding Training Provider Application Requirements

    EPA is clarifying the application regulations for accredited 
training providers under the RRP rule (Ref. 1) and LBP Activities rule 
(Ref. 2). It was brought to the Agency's attention that the regulations 
did not specifically state what constituted a violation of the 
regulations at 40 CFR 745.225. For example, some other regulatory 
provisions, such as 40 CFR 745.87, specifically list various activities 
that are considered a violation of TSCA. Accordingly, the Agency 
proposed to add clarifying language explaining that training providers 
must follow the requirements in that section. EPA believes that 
accredited training providers already understand this, but EPA proposed 
to add the clarifying language to ensure understanding of the 
requirements--similar to what has been done in other regulations. This 
clarifying language does not change any requirements for accredited 
training providers.
    The Agency received few comments on the clarification. Most of the 
comments expressed general support for the proposed change. One 
commenter said that the current requirements are specific and the 
clarification is not necessary. EPA disagrees with this comment. The 
language in 40 CFR 745.225 did not specifically say that a failure to 
follow the requirements of that section was a violation. While it is 
likely that many training providers already understand that, EPA 
believes it is important to make it clear in the regulations in order 
to eliminate any confusion about what constitutes a violation. 
Therefore, EPA is finalizing the changes as proposed by adding the 
clarifying language to 40 CFR 745.225.

D. Correction to Training Notification Requirements

    The regulatory text of the final RRP rule in 2008 (Ref. 1) 
inadvertently omitted a requirement for accredited providers of 
renovation training to provide notification to EPA after each training 
course the provider delivers. The provision was designed to supply 
important information regarding certified renovators for EPA's 
compliance monitoring efforts. In 2009, EPA issued a rule (Ref. 6) to 
correct this omission by amending 40 CFR 745.225(c)(14) to require 
post-course notifications from accredited providers of renovator or 
dust sampling technician training. The 2009 rule also included 
conforming changes to 40 CFR 745.225(c)(14)(iii) to include the correct 
name of the sample post-course notification form and to make it clear 
that all methods of post-course notification are available to both 
renovation training providers and LBP Activities training providers. As 
amended, 40 CFR 745.225(c)(14) required renovation training providers 
to notify EPA no later than 10 business days following course 
completion. Although EPA identified this requirement in its cost 
estimates in 2008, the regulatory provision was subsequently 
overwritten by another rulemaking. Specifically, in a 2011 rule (Ref. 
7), the regulatory language inadvertently removed the regulatory text 
that was added to 40 CFR 745.225(c)(14)(i) by the 2009 rule. In January 
2015, EPA proposed to add the same language back to 40 CFR 
745.225(c)(14)(i) that was included in the 2009 rule.
    EPA received several comments about the correction to the 
notification regulations. Two commenters said they had no objection to 
the correction. Another commenter said simply that he supported the 
proposed change. No commenters opposed making the correction. EPA is 
promulgating the revision as proposed.

E. Notifications for E-Learning Trainers

    As explained in the preamble to the proposed rule, EPA considered 
modifying the requirements regarding online training notifications by 
requiring training providers that teach the e-learning refresher course 
to submit notifications via the internet. For years, training providers 
have had the option of submitting notifications electronically via 
EPA's Central Data Exchange (CDX). The CDX system is designed to 
streamline the notification process for training providers and EPA 
alike, and to perform basic validations of electronic submissions that 
reduce common errors in notifications otherwise submitted on paper. 
Submitting notification via the internet reduces the burden on the 
training providers and the Agency, as well as saving taxpayer dollars.
    The Agency requested comment on whether it should require training 
providers to submit online notifications for the refresher course that 
does not include hands-on training. EPA received one comment submitted 
by a training provider who supported the requirement. No commenters 
opposed the change. Based on the benefits of online notifications, EPA 
is promulgating a requirement that training providers that teach the 
renovator refresher course without hands-on training must submit their 
post-training notifications via the internet. Most, if not all, of the 
refresher courses without hands-on training will be taught via e-
learning since there will be no need for students to take the course in 
person. EPA believes that trainers who teach an e-learning course 
clearly have the technical knowledge and ability to submit their post-
training notifications via the internet and it is therefore appropriate 
to promulgate this requirement. As stated later in this Unit, these 
trainers will not have to submit pre-training notifications; therefore, 
this requirement only applies to post-training notifications.
    EPA also requested comment on how it should modify the notification 
requirements to accommodate training taught entirely via e-learning. 
Training providers submit both a pre-training and post-training 
notification for each course that they teach. Now that the renovator 
refresher training can be taught entirely online via e-learning, there 
will be no classroom session for which to notify EPA for the e-learning 
class. Consequently, pre-training notifications will not be required 
for such courses. Because the training provider will still need to send 
to EPA the names of the students who completed the e-learning course, 
post-training notifications are still required.
    EPA received several comments regarding how it should modify the 
post-training notification requirements. One commenter said that EPA 
should be notified as soon as the student completes the course. Another 
commenter stated that post-training notifications should be sent 
quarterly, or at most monthly. EPA believes that submitting 
notifications at the time the student finishes the course would be too 
burdensome for training providers. Furthermore, it is not necessary for 
student information to be submitted the same day the course is 
completed. On the other hand, with quarterly notifications, information 
for some students would not be submitted to EPA for almost three months 
after the training was completed. There are times when EPA uses the 
information from notifications to verify whether a certain person is a 
certified renovator. A delay of three months increases the likelihood 
of this information not being available when the Agency needs it. As a 
compromise, and as one of the commenters suggested, the Agency is 
requiring the notifications to be

[[Page 7991]]

submitted every month. Specifically, for renovator refresher courses 
without hands-on training, training providers must submit post-training 
notifications to EPA anytime from the first to tenth day of the month 
that includes the required information on students who completed the 
course in the previous month.
    The Agency is requiring training providers that teach the refresher 
training entirely online via e-learning to include the expiration of 
the renovator's certification in the post-training notification. Now 
that renovator certifications can be either 3 or 5 years, it is 
important to have the expiration date on the notification so EPA can 
tell when the renovator's certification expires and whether he or she 
took the course that is taught entirely online via e-learning. The 
Agency is also requiring course completion certificates for all 
renovator courses to include the expiration of the certification. 
Because of the two different certification timeframes, it is important 
for the certificate to clearly state when the certification expires. 
This information may be of help to various parties including homeowners 
and training providers. Homeowners may want to verify that the 
certified renovators working in their homes are currently certified. 
Training providers who teach the refresher training are required to 
verify whether the student is eligible to take the refresher training 
which would be difficult to do without knowing when the renovator's 
certification expires.

F. Grandfathering

    In the 2008 RRP rule (Ref. 1), EPA created a grandfather provision 
that allowed renovators who have taken an EPA, Department of Housing 
and Urban Development (HUD), or EPA/HUD model renovation training 
course, to take the 4-hour refresher renovator training in lieu of the 
8-hour initial course to receive their initial certification. In a 
subsequent rulemaking, the regulations were changed (Ref. 7) to allow 
renovators to take advantage of the provision only if they had taken 
the prerequisite course before October 4, 2011. Now that the Agency is 
allowing a refresher course that does not have a hands-on requirement, 
the grandfather provision would have allowed a student to receive 
initial renovator certification by taking an e-learning refresher 
course that does not have hands-on training. EPA received several 
comments about the grandfather provision. Commenters were concerned 
that, under the proposal, renovators would be able to take the 
refresher course without hands-on training as their initial renovator 
training.
    EPA believes that it is important for renovators to have hands-on 
training when they receive their initial certification. To address 
commenters' concerns, EPA will ensure that all renovators have hands-on 
training when they get their initial certification, by requiring 
renovators who take advantage of the grandfather provision to take a 
refresher training that includes hands-on training. Therefore, only 
renovators that have received their initial certification under the RRP 
program may take the renovator refresher course that does not include 
hands-on training.

III. Economic Analysis

    EPA's economic analysis of the potential costs and savings 
associated with this action (Ref. 3), is available in the docket and is 
briefly summarized in this Unit.
    The rule amendments do not preempt regulations by states, 
territories, or tribal governments that have their own authorized lead 
programs, so these estimates only reflect changes in EPA-administered 
jurisdictions.
    Over 500,000 renovators have been trained and certified under the 
federal RRP program since renovator training became mandatory in 2010. 
Since a large number of renovators received their initial certification 
in the first year of the program, there will be some initial 
cyclicality in the annual number of renovators recertified. However, 
this cyclicality will decrease over time as trained renovators exit the 
industry and are replaced by new entrants. EPA's analysis makes the 
simplifying assumptions that under the existing regulation (where all 
refresher training is valid for 5 years) there will be a steady state 
average of 100,000 renovators per year with expiring certifications, 
and 30,000 renovators per year will leave the industry and be replaced 
by new entrants who must take the initial training course. So an 
average of 70,000 renovators per year would take the refresher course 
in the baseline.
    In the baseline, both initial and refresher renovator training must 
have a hands-on component, and renovator certification and 
recertification are both valid for 5 years. EPA considered several 
options for revising the hands-on requirement for renovator refresher 
training. The options differed in terms of the length of time for which 
recertification based on refresher training without a hands-on 
component would be valid, as well as the number of training cycles in 
which hands-on refresher training would have to be taken (i.e., every 
other time, every third time, or never). The options that EPA analyzed 
are summarized in Table 1. The final rule reflects the refresher 
training requirements in Option 4(c).

               Table 1--Options for Renovator Refresher Training Analyzed in the Economic Analysis
----------------------------------------------------------------------------------------------------------------
                                                                                                     Number of
                                               Period for which            Period for which          training
                                           recertification is valid    recertification is valid      cycles in
                 Option                       based on refresher          based on refresher      which hands-on
                                           training with a hands-on    training without a hands-     refresher
                                                   component                 on component          training must
                                                                                                     be taken
----------------------------------------------------------------------------------------------------------------
Existing rule...........................  5 years...................  Not allowed...............               1
Option 1................................  5 years...................  5 years...................               0
Option 2................................  5 years...................  5 years...................               2
Option 3(a).............................  5 years...................  2 years...................               0
Option 3(b).............................  5 years...................  3 years...................               0
Option 4(a).............................  5 years...................  2 years...................               2
Option 4(b).............................  5 years...................  2 years...................               3
Option 4(c).............................  5 years...................  3 years...................               2
Option 4(d).............................  5 years...................  3 years...................               3
----------------------------------------------------------------------------------------------------------------


[[Page 7992]]

The Final Rule Is Option 4(c)
    Allowing refresher training to be taught without the hands-on 
component will reduce costs for training providers because they will no 
longer have to purchase the supplies required for hands-on training. As 
a result, the average cost per student of providing such a course is 
expected to be $45 less than the baseline cost. Some or all of these 
savings may be passed on to the students in the form of lower tuition.
    Refresher training without a hands-on component can be taken 
entirely online via e-learning. Most training providers currently 
offering the classroom portion of a renovator training course online 
charge the same tuition whether the class is taken in person or online, 
suggesting that the costs of providing e-learning and in-person 
training are similar. But renovators taking a course entirely via e-
learning will avoid the time and associated expenses needed to travel 
to a training site, at an average savings of $144 per person.
    Due to the cost savings, as many as 400 training providers might 
offer refresher training via e-learning if the hands-on requirement is 
revised, and many renovators will take their training via e-learning. 
But some renovators will still choose to take their training in person 
even when they are eligible for an e-learning class. EPA considered 
three different scenarios for how renovators might respond if the 
hands-on requirement is modified, assuming that 50%, 75%, or 90% of 
renovators would choose to take their training online if they are 
allowed to do so. This means that at least 10%, 25%, or 50% of 
renovators would choose to take all of their training in person under 
each option. And under Options 2 and 4, renovators who chose to take 
training without a hands-on component would have to take hands-on 
training in a subsequent training cycle. So under these options, the 
number of renovators being trained in person in any given year exceeds 
10%, 25%, or 50% of the total number of renovators trained that year. 
Table 2, lists the annual number of renovators trained under each 
option. To simplify the analysis, renovators are assumed to take 
training without a hands-on component via e-learning, although the rule 
would also allow such training to be taken in person. The range in the 
results for each option reflects the different scenarios for the number 
of renovators electing to take e-learning training.

                         Table 2--Average Annual Number of Renovators Trained by Option
----------------------------------------------------------------------------------------------------------------
                                   New renovators   Renovators taking    Renovators taking     Total renovators
              Option               taking initial  in-person refresher      online-only        taking refresher
                                      training           training        refresher training        training
----------------------------------------------------------------------------------------------------------------
Existing rule....................          30,000  70,000.............  0..................  70,000.
Option 1.........................          30,000  7,000 to 35,000....  35,000 to 63,000...  70,000.
Option 2.........................          30,000  33,000 to 49,000...  21,000 to 37,000...  70,000.
Option 3(a)......................          30,000  7,000 to 35,000....  88,000 to 158,000..  123,000 to 165,000.
Option 3(b)......................          30,000  7,000 to 35,000....  58,000 to 105,000..  93,000 to 112,000.
Option 4(a)......................          30,000  50,000 to 59,000...  27,000 to 49,000...  86,000 to 100,000.
Option 4(b)......................          30,000  39,000 to 53,000...  43,000 to 78,000...  96,000 to 117,000.
Option 4(c)......................          30,000  43,000 to 55,000...  25,000 to 44,000...  80,000 to 88,000.
Option 4(d)......................          30,000  31,000 to 48,000...  36,000 to 65,000...  84,000 to 96,000.
----------------------------------------------------------------------------------------------------------------

The Final Rule Is Option 4(c)
    The rule amendments also change the notification requirements for 
training courses. Post-training notifications will have to include the 
expiration date for each renovator's certification, but it takes a 
negligible effort for the training provider to submit this information. 
Training providers will not be required to submit pre-notifications for 
e-learning courses that have no in-person component, which will reduce 
the total number of submissions by between 4,000 and 7,000 per year. 
The amendments also allow training providers to submit post-
notifications once a month for e-learning courses that have no in-
person component, instead of no later than ten business days following 
course completion. Such monthly notifications would have to be 
submitted though EPA's CDX system, but approximately 92% of 
notifications are already submitted via CDX. Assuming that 400 training 
providers offer e-learning refresher training, up to 4,800 post-
training notifications could be submitted for e-learning training each 
year. This is a reduction compared to the number of post-training 
notifications that would be submitted if the amendments did not allow 
monthly reporting for e-learning training, and it is partially offset 
by a reduction in the number of post-training notifications for in-
person classes.
    And the rule removes the $35 multi-jurisdiction registration fee 
that individuals, firms, and training providers currently pay when they 
apply to perform lead-based paint activities or provide training for 
that program in additional EPA-administered jurisdictions. In a typical 
year, these entities apply to work in a total of 431 additional 
jurisdictions.
    The rule requires training providers to include the expiration date 
of the renovator's certification in the post-training notification, but 
the time required to do this is negligible. The rule also clarifies the 
requirements for the time-frame to submit post-training notifications 
for in-person training courses. The burden and cost of this activity 
were already accounted for in previous economic analyses and ICRs for 
the lead program, and are not repeated here in order to avoid double-
counting these costs. Another revision adds clarifying language 
explaining that training providers must follow the regulations. This 
does not affect the estimated cost of compliance because it does not 
change any requirements for accredited training providers.
    Table 3, presents the total cost savings of the rule options, 
including modifying the notification requirements for training 
providers, and removing the multi-jurisdiction fee. The final rule, 
which is Option 4(c), is estimated to result in cost savings of $1.8 
million to $3.4 million per year (in 2014 dollars). The rule reduces 
the cost of providing and taking refresher training enough that 
compliance costs decrease even though reducing the certification period 
to 3 years for renovators taking refresher training without a hands-on 
component is projected to increase the total number of renovators 
trained per year.

[[Page 7993]]



     Table 3--Total Annualized Cost Savings of Minor Amendments Rule
------------------------------------------------------------------------
                                 Description of
                                modifications to
           Option              refresher training    Total cost  savings
                                 recertification    ($ million per year)
                                  requirements
------------------------------------------------------------------------
Option 1....................  Training without      $8.2 to $12.4.
                               hands-on valid for
                               5 years.
Option 2....................  Training without      $3.9 to $7.0.
                               hands-on component
                               valid for 5 years.
                               Hands-on training
                               required every
                               other
                               recertification
                               period.
Option 3(a).................  Training without      $1.8 to $3.4.
                               hands-on valid for
                               2 years.
Option 3(b).................  Training without      $4.5 to $8.2.
                               hands-on valid for
                               3 years.
Option 4(a).................  Training without      $0.5 to $1.0.
                               hands-on valid for
                               2 years. Hands-on
                               training required
                               every 2 cycles.
Option 4(b).................  Training without      $0.9 to $1.6.
                               hands-on valid for
                               2 years. Hands-on
                               training required
                               every 3 cycles.
Option 4(c)--Final Rule.....  Training without      $1.8 to $3.4.
                               hands-on valid for
                               3 years. Hands-on
                               training required
                               every 2 cycles.
Option 4(d).................  Training without      $2.7 to $5.0.
                               hands-on valid for
                               3 years. Hands-on
                               training required
                               every 3 cycles.
------------------------------------------------------------------------

    Cost savings for all options reflect revisions to the renovator 
refresher training requirements, changes to the pre- and post-training 
notifications, and the removal of the multi-jurisdiction registration 
fee. Recertification based on refresher training with a hands-on 
component is valid for 5 years under all of the options.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    1. Lead; Renovation, Repair, and Painting Program; Final Rule. 
Federal Register April 22, 2008 (73 FR 21692) (FRL-8355-7).
    2. Lead; Requirements for Lead-Based Paint Activities in Target 
Housing and Child-Occupied Facilities; Final Rule. Federal Register 
August 29, 1996 (61 FR 45778) (FRL-5389-9).
    3. EPA. Economic Analysis for the Lead-Based Paint Program Minor 
Amendments Final Rule (Economic Analysis). October 2015.
    4. EPA. Response to Public Comments; Lead-based Paint Programs; 
Amendment to Jurisdiction-Specific Certification and Accreditation 
Requirements and Renovator Refresher Training Requirements 
Rulemaking. October 2015.
    5. Lead; Fees for Accreditation of Training Programs and 
Certification of Lead-based Paint Activities Contractors; Final 
Rule. Federal Register June 9, 1999 (64 FR 31091) (FRL-6058-6).
    6. Lead; Minor Amendments to the Renovation, Repair, and 
Painting Program; Final Rule. Federal Register July 15, 2009 (74 FR 
34257) (FRL-8422-7).
    7. Lead; Clearance and Clearance Testing Requirements for the 
Renovation, Repair, and Painting Program; Final Rule. Federal 
Register August 5, 2011 (76 FR 47918) (FRL-8881-8).
    8. EPA. Information Collection Request (ICR) for TSCA sections 
402 and 404 Training, Certification, Accreditation and Standards for 
Lead-Based Paint Activities and Renovation, Repair, and Painting. 
EPA ICR No. 2502.02 and OMB No. 2070-0192. October 2015.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review under Executive 
Orders 12866, October 4, 1993 (58 FR 51735) and 13563, January 21, 2011 
(76 FR 3821) and any changes made in response to OMB recommendations 
are documented in the docket.
    EPA prepared an economic analysis of the potential cost savings 
associated with this action (Ref. 3), which is available in the docket 
and is briefly summarized in Unit III.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this rule have been 
submitted to OMB for review and approval under the PRA, 44 U.S.C. 3501 
et seq. The ICR document prepared by EPA has been assigned EPA ICR No. 
2502.02 and the OMB Control No. 2070-0192 (Ref. 8). The ICR document 
provides a detailed presentation of the estimated burden and costs 
predicted as a result of this action. You can find a copy of the ICR in 
the docket for this rule, and it is briefly summarized here. The 
information collection requirements are not enforceable until OMB 
approves them.
    Respondents/Affected Entities: The rule affects information 
collection activities by training providers that wish to offer e-
learning refresher training and by renovators that attend training.
    Respondent's Obligation to Respond: Although training providers 
have the option of choosing whether to offer such training, once an 
entity chooses to do so, the information collection activities 
contained in this rule become mandatory.
    Estimated Number of Respondents: 25,048 per year, of which 400 are 
training providers, 9,859 are renovators who take refresher training 
more frequently because their previous training did not include a 
hands-on component, and 14,789 are renovators who do not travel to 
refresher training because they utilize e-learning.
    Frequency of Response: 1, on occasion.
    Total Estimated Burden: 15,472 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total Estimated Burden Cost: $724,073 (per year), includes $0 
annualized capital or operation & maintenance costs.
    Change in Approved Burden: The total burden in OMB's inventory for 
the existing, approved ICR for the lead paint program is 6,463,297 
hours (OMB Control No. 2070-0195, EPA ICR No. 2507.01). With the 
addition of the 15,472 hours related to this rule amendments (which 
qualifies as a program change), the total annual burden for the lead 
paint program is estimated to be 6,478,769 hours. This is comprised of 
a reduction of 26,620 hours for renovators that take e-learning 
training and thus do not travel to a training site, an increase of 
39,436 hours for more frequent training of renovators

[[Page 7994]]

who took their previous training without a hands-on component, and 
2,656 hours due to additional training provider activities.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves this ICR, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. In making this determination, the impact of concern 
is any significant adverse economic impact on small entities. An agency 
may certify that a rule will not have a significant economic impact on 
a substantial number of small entities if the rule relieves regulatory 
burden, has no net burden or otherwise has a positive economic effect 
on the small entities subject to the rule.
    Eliminating multi-jurisdiction registration fees saves money for 
entities that wish to perform LBP activities in multiple jurisdictions. 
The rule also allows training providers (many of which are small 
businesses) additional flexibility in how they offer training. E-
learning training is already allowed for the classroom component of 
both initial and refresher training, and training providers can choose 
whether or not to offer it. The amended rule still allows training 
providers to choose what type of training to offer because they can 
continue to offer refresher training with a hands-on component, begin 
offering e-learning training without the hands-on component, or offer 
both types of training.
    Training providers that voluntarily choose to start offering e-
learning refresher training without a hands-on component would incur 
costs for some activities (e.g., applying for a new accreditation) but 
they would reduce other expenses (e.g., supplies for the hands-on 
training). See the Economic Analysis (Ref. 3) for additional 
information on the potential costs and savings of these activities. 
Because there is no requirement mandating that training providers offer 
an e-learning refresher course, training providers will not choose to 
offer e-learning training unless the savings from doing so exceed the 
costs, or if they can recover their costs through tuition charges, 
increased volume of business, or other means. The rule requires 
training providers to include the expiration date of the renovator's 
certification in the post-training notification, but the time required 
to do this is negligible.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The rule amendments 
do not preempt regulations by states, territories, or tribal 
governments that have their own authorized lead programs, so those 
jurisdictions are not required to change their programs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132, August 10, 1999 (64 FR 43255). It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175, November 9, 2000 (65 FR 67249). The rule 
amendments do not preempt regulations by tribal governments that have 
their own authorized lead programs, so those jurisdictions are not 
required to adopt these amendments. Tribal governments can serve as 
training providers, and those training providers that choose to offer 
e-learning refresher renovator training would incur costs for some 
activities (such as applying for a new accreditation) but they would 
reduce other expenses (such as supplies for the hands-on training). 
However, there is no requirement mandating that training providers 
offer an e-learning refresher course. So training providers will not 
choose to offer e-learning training unless the savings of doing so 
exceed the costs, or if they can recover their costs through tuition 
charges or other means. Thus, Executive Order 13175 does not apply to 
this action.

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

    This action is not subject to Executive Order 13045, April 23, 1997 
(62 FR 19885) because it is not an economically significant regulatory 
action as defined by Executive Order 12866, and because EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of the Executive Order has the potential to influence the 
regulation. This action does not establish an environmental standard 
intended to mitigate health or safety risks. Furthermore, the 
requirements in the lead program will continue to protect children, 
since renovators will still be required to take an 8 hour initial 
training that includes a hands-on component; they will still have to 
take regular refresher training; the refresher training will have to 
include a hands-on component every other training cycle; refresher 
training without a hands-on component will only be valid for 3 years; 
and renovators will still have to comply with the work practice 
requirements for renovation, repair or painting activities that disturb 
lead-based paint.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a significant energy action as defined in 
Executive Order 13211, May 22, 2001 (66 FR 28355), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Further, this rule is not likely to 
have any adverse energy effects because it does not require any action 
related to the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rule does not involve technical standards and is therefore not 
subject to considerations under section 12(d) of NTTAA, 15 U.S.C. 272 
note.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations as specified in Executive 
Order 12898, February 16, 1994 (59 FR 7629). This action does not 
directly affect the level of protection provided to human health or the

[[Page 7995]]

environment. The rule removes multi-jurisdiction fees for the LBP 
Activities program, revises the hands-on requirement for refresher 
renovator training, and changes the notification requirements for 
training providers. However, renovators will still be required to take 
an 8 hour initial training that includes a hands-on component; they 
will still have to take regular refresher training; the refresher 
training will have to include a hands-on component every other training 
cycle; refresher training without a hands-on component will only be 
valid for 3 years; and renovators will still have to comply with the 
work practice requirements for renovation, repair or painting 
activities that disturb lead-based paint.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 745

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

    Dated: February 10, 2016.
Gina McCarthy
Administrator.

    Therefore, 40 CFR chapter I is amended as follows:

PART 745--[AMENDED]

0
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.


0
2. In Sec.  745.90:
0
a. Revise paragraph (a)(2).
0
b. Revise paragraph (a)(4).
    The revisions read as follows:


Sec.  745.90  Renovator certification and dust sampling technician 
certification.

    (a) * * *
    (2) Individuals who have successfully completed an accredited 
abatement worker or supervisor course, or individuals who successfully 
completed an EPA, HUD, or EPA/HUD model renovation training course 
before October 4, 2011 may take an accredited refresher renovator 
training course that includes hands-on training in lieu of the initial 
renovator training course to become a certified renovator.
* * * * *
    (4) To maintain renovator certification or dust sampling technician 
certification, an individual must complete a renovator or dust sampling 
technician refresher course accredited by EPA under Sec.  745.225 or by 
a State or Tribal program that is authorized under subpart Q of this 
part within 5 years of the date the individual completed the initial 
course described in paragraph (a)(1) of this section. If the individual 
does not complete a refresher course within this time, the individual 
must re-take the initial course to become certified again. Individuals 
who complete a renovator course accredited by EPA or an EPA authorized 
program on or before March 31, 2010, must complete a renovator 
refresher course accredited by EPA or an EPA authorized program on or 
before March 31, 2016, to maintain renovator certification. Individuals 
who completed a renovator course accredited by EPA or an EPA authorized 
program between April 1, 2010 and March 31, 2011, will have one year 
added to their original 5-year certification. Individuals who take a 
renovator refresher course that does not include hands-on training will 
be certified for 3 years from the date they complete the training. 
Individuals who take a refresher training course that includes hands-on 
training will be certified for 5 years. Individuals who take the 
renovator refresher without hands-on training must, for their next 
refresher course, take a refresher course that includes hands-on 
training to maintain renovator certification.
* * * * *

0
3. In Sec.  745.225:
0
a. Add paragraph (a)(4).
0
b. Revise the introductory text of paragraph (c).
0
c. Add paragraph (c)(8)(viii).
0
d. Revise paragraph (c)(13)(i).
0
e. Revise paragraph (c)(14)(i).
0
f. Add new paragraph (c)(14)(ii)(D)(7).
0
g. Revise the introductory text of paragraphs (d) and (e).
0
h. Revise paragraphs (e)(2), (3), and (4), and (e)(5)(viii).
    The additions and revisions read as follows:


Sec.  745.225  Accreditation of training programs: target housing and 
child occupied facilities.

    (a) * * *
    (4) Accredited training programs, training program managers, and 
principal instructors must comply with all of the requirements of this 
section including approved terms of the application and all of the 
requirements and limitations specified in any accreditation documents 
issued to training programs.
* * * * *
    (c) Requirements for the accreditation of training programs. A 
training program accredited by EPA to offer lead-based paint activities 
courses, renovator courses, or dust sampling technician courses must 
meet the following requirements:
* * * * *
    (8) * * *
    (viii) For renovator course completion certificates, the expiration 
date of certification.
* * * * *
    (13) * * *
    (i) The training manager must provide EPA with notification of all 
renovator, dust sampling technician, or lead-based paint activities 
courses offered except for any renovator course without hands-on 
training delivered via electronic learning. The original notification 
must be received by EPA at least 7 business days prior to the start 
date of any renovator, dust sampling technician, or lead-based paint 
activities course.
* * * * *
    (14) * * *
    (i) The training manager must provide EPA notification after the 
completion of any renovator, dust sampling, or lead-based paint 
activities course. This notification must be received by EPA no later 
than 10 business days following course completion. Notifications for 
any e-learning renovator refresher course that does not include hands-
on training must be submitted via the Central Data Exchange no later 
than the 10th day of the month and include all students trained in the 
previous month.
    (ii) * * *
    (D) * * *
    (7) For renovator refresher courses, the expiration date of 
certification.
* * * * *
    (d) Minimum training curriculum requirements. A training program 
accredited by EPA to offer lead-based paint courses in the specific 
disciplines listed in this paragraph (d) must ensure that its courses 
of study include, at a minimum, the following course topics.
* * * * *
    (e) Requirements for the accreditation of refresher training 
programs. A training program may seek accreditation to offer refresher 
training courses in any of the following disciplines: Inspector, risk 
assessor, supervisor, project designer, abatement worker, renovator, 
and dust sampling technician. A training program accredited by EPA to 
offer refresher training must meet the following minimum requirements:
* * * * *
    (2) Refresher courses for inspector, risk assessor, supervisor, and 
abatement worker must last a minimum of 8 training hours. Refresher 
courses for

[[Page 7996]]

project designer, renovator, and dust sampling technician must last a 
minimum of 4 training hours. Refresher courses for all disciplines 
except renovator and project designer must include a hands-on 
component. Renovators must take a refresher course that includes hands-
on training at least every other recertification.
    (3) Except for renovator and project designer courses, for all 
other courses offered, the training program shall conduct a hands-on 
assessment. With the exception of project designer courses, the 
training program shall conduct a course test at the completion of the 
course. Renovators must take a refresher course that includes hands-on 
training at least every other recertification.
    (4) A training program may apply for accreditation of a refresher 
course concurrently with its application for accreditation of the 
corresponding training course as described in paragraph (b) of this 
section. If so, EPA shall use the approval procedure described in 
paragraph (b) of this section. In addition, the minimum requirements 
contained in paragraphs (c)(1) through (5), (c)(6)(viii) and (c)(7) 
through (14), and (e)(1) through (3) of this section shall also apply.
    (5) * * *
    (viii) The requirements in paragraphs (c)(1) through (5), 
(c)(6)(viii) and (c)(7) through (14) of this section apply to refresher 
training providers.
* * * * *

0
4. In Sec.  745.238:
0
a. Remove paragraph (c)(3).
0
b. Redesignate paragraphs (c)(4) and (5) as (c)(3) and (4).
0
c. Revise the headings for paragraphs (d)(1) and (2).
0
d. Revise paragraph (e)(2).
    The amendments read as follows:


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

* * * * *
    (d) * * *
    (1) Certification and re-certification-- (i) * * *
    (2) Accreditation and re-accreditation. * * *
* * * * *
    (e) * * *
    (2) Submit application and payment in the amount specified in 
paragraph (c)(3) of this section in accordance with the instructions 
provided with the application package.
* * * * *
[FR Doc. 2016-03216 Filed 2-12-16; 4:15 pm]
 BILLING CODE 6560-50-P


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