ICR Attachment 2: 40 CFR part 745, Subpart E

Environmental Protection Agency

§ 745.81

(2) Twenty square feet of deteriorated
paint on the exterior building, or
(3) Ten percent of the total surface
area of deteriorated paint on an interior or exterior type of component with
a small surface area.

Subpart E—Residential Property
Renovation
SOURCE: 63 FR 29919, June 1, 1998, unless
otherwise noted.

§ 745.80

Purpose.

This subpart contains regulations developed under sections 402 and 406 of
the Toxic Substances Control Act (15
U.S.C. 2682 and 2686) and applies to all
renovations performed for compensation in target housing and child-occupied facilities. The purpose of this subpart is to ensure the following:
(a) Owners and occupants of target
housing and child-occupied facilities
receive information on lead-based
paint hazards before these renovations
begin; and
(b) Individuals performing renovations regulated in accordance with
§ 745.82 are properly trained; renovators
and firms performing these renovations
are certified; and the work practices in
§ 745.85 are followed during these renovations.
[73 FR 21758, Apr. 22, 2008]

§ 745.81

Effective dates.

(a) Training, certification and accreditation requirements and work practice
standards. The training, certification
and accreditation requirements and
work practice standards in this subpart
are applicable in any State or Indian
Tribal area that does not have a renovation program that is authorized
under subpart Q of this part. The training, certification and accreditation requirements and work practice standards in this subpart will become effective as follows:
(1) Training programs. Effective June
23, 2008, no training program may provide, offer, or claim to provide training
or refresher training for EPA certification as a renovator or a dust sampling technician without accreditation
from EPA under § 745.225. Training pro-

grams may apply for accreditation
under § 745.225 beginning April 22, 2009.
(2) Firms. (i) Firms may apply for certification under § 745.89 beginning October 22, 2009.
(ii) On or after April 22, 2010, no firm
may perform, offer, or claim to perform renovations without certification
from EPA under § 745.89 in target housing or child-occupied facilities, unless
the renovation qualifies for one of the
exceptions identified in § 745.82(a) or
(c).
(3) Individuals. On or after April 22,
2010, all renovations must be directed
by renovators certified in accordance
with § 745.90(a) and performed by certified renovators or individuals trained
in accordance with § 745.90(b)(2) in target housing or child-occupied facilities,
unless the renovation qualifies for one
of
the
exceptions
identified
in
§ 745.82(a) or (c).
(4) Work practices. On or after April
22, 2010, all renovations must be performed in accordance with the work
practice standards in § 745.85 and the
associated recordkeeping requirements
in § 745.86(b)(6) and (b)(7) in target housing or child-occupied facilities, unless
the renovation qualifies for one of the
exceptions identified in § 745.82(a) or
(c).
(5) The suspension and revocation
provisions in § 745.91 are effective April
22, 2010.
(b) Renovation-specific pamphlet. Before December 22, 2008, renovators or
firms performing renovations in States
and Indian Tribal areas without an authorized program may provide owners
and occupants with either of the following EPA pamphlets: Protect Your
Family From Lead in Your Home or Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. After that date, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively.
(c) Pre-Renovation Education Rule.
With the exception of the requirement
to use the pamphlet entitled Renovate
Right: Important Lead Hazard Information for Families, Child Care Providers
and Schools, the provisions of the Pre-

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✖745.81, Nt.

40 CFR Ch. I (7–1–10 Edition)

Renovation Education Rule in this subpart have been in effect since June
1999.
[73 FR 21758, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24818, May
6, 2010, § 745.81 was amended by revising paragraph (a)(4), effective July 6, 2010. For the
convenience of the user, the revised text is
set forth as follows:
§ 745.81 Effective dates.
(a) * * *
(4) Work practices. (i) On or after April 22,
2010 and before July 6, 2010 all renovations
must be performed in accordance with the
work practice standards in § 745.85 and the
associated recordkeeping requirements in §
745.86 (b)(6) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in
§ 745.82(a). This does not apply to renovations
in target housing for which the firm performing the renovation has obtained a statement signed by the owner that the renovation will occur in the owner’s residence, no
child under age 6 resides there, the housing
is not a child-occupied facility, and the
owner acknowledges that the work practices
to be used during the renovation will not
necessarily include all of the lead-safe work
practices contained in EPA’s renovation, repair, and painting rule. For the purposes of
this section, a child resides in the primary
residence of his or her custodial parents,
legal guardians, and foster parents. A child
also resides in the primary residence of an
informal caretaker if the child lives and
sleeps most of the time at the caretaker’s
residence.
(ii) On or after July 6, 2010, all renovations
must be performed in accordance with the
work practice standards in § 745.85 and the
associated recordkeeping requirements in §
745.86(b)(1) and (b)(6) in target housing or
child-occupied facilities, unless the renovation qualifies for the exception identified in
§ 745.82(a).

*

*

*

*

*

§ 745.82 Applicability.
(a) This subpart applies to all renovations performed for compensation in
target housing and child-occupied facilities, except for the following:
(1) Renovations in target housing or
child-occupied facilities in which a
written determination has been made
by an inspector or risk assessor (certified pursuant to either Federal regulations at § 745.226 or a State or Tribal
certification program authorized pursuant to § 745.324) that the components

affected by the renovation are free of
paint or other surface coatings that
contain lead equal to or in excess of 1.0
milligrams/per square centimeter (mg/
cm2) or 0.5% by weight, where the firm
performing the renovation has obtained a copy of the determination.
(2) Renovations in target housing or
child-occupied facilities in which a certified renovator, using an EPA recognized test kit as defined in § 745.83 and
following the kit manufacturer’s instructions, has tested each component
affected by the renovation and determined that the components are free of
paint or other surface coatings that
contain lead equal to or in excess of 1.0
mg/cm2 or 0.5% by weight. If the components make up an integrated whole,
such as the individual stair treads and
risers of a single staircase, the renovator is required to test only one of
the individual components, unless the
individual components appear to have
been repainted or refinished separately.
(b) The information distribution requirements in § 745.84 do not apply to
emergency renovations, which are renovation activities that were not
planned but result from a sudden, unexpected event (such as non-routine
failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens
equipment and/or property with significant damage. Interim controls performed in response to an elevated blood
lead level in a resident child are also
emergency renovations. Emergency
renovations other than interim controls are also exempt from the warning
sign, containment, waste handling,
training, and certification requirements in §§ 745.85, 745.89, and 745.90 to
the extent necessary to respond to the
emergency. Emergency renovations are
not exempt from the cleaning requirements of § 745.85(a)(5), which must be
performed by certified renovators or
individuals trained in accordance with
§ 745.90(b)(2), the cleaning verification
requirements of § 745.85(b), which must
be performed by certified renovators,
and the recordkeeping requirements of
§ 745.86(b)(6) and (b)(7).
(c) The training requirements in
§ 745.90 and the work practice standards
for renovation activities in § 745.85

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Environmental Protection Agency

§ 745.83

apply to all renovations covered by
this subpart, except for renovations in
target housing for which the firm performing the renovation has obtained a
statement signed by the owner that the
renovation will occur in the owner’s
residence, no child under age 6 resides
there, no pregnant woman resides
there, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm will not
be required to use the work practices
contained in EPA’s renovation, repair,
and painting rule. For the purposes of
this section, a child resides in the primary residence of his or her custodial
parents, legal guardians, and foster
parents. A child also resides in the primary residence of an informal caretaker if the child lives and sleeps most
of the time at the caretaker’s residence.
[73 FR 21758, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24818, May
6, 2010, § 745.82 was amended by removing
paragraph (c), effective July 6, 2010.

§ 745.83 Definitions.
For purposes of this part, the definitions in § 745.103 as well as the following definitions apply:
Administrator means the Administrator of the Environmental Protection
Agency.
Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly
by the same child, under 6 years of age,
on at least two different days within
any week (Sunday through Saturday
period), provided that each day’s visit
lasts at least 3 hours and the combined
weekly visits last at least 6 hours, and
the combined annual visits last at least
60 hours. Child-occupied facilities may
include, but are not limited to, day
care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in
public or commercial buildings that
contain child-occupied facilities, the
child-occupied facility encompasses
only those common areas that are routinely used by children under age 6,
such as restrooms and cafeterias. Common areas that children under age 6
only pass through, such as hallways,

stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the
building that are immediately adjacent
to the child-occupied facility or the
common areas routinely used by children under age 6.
Cleaning verification card means a
card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning
cloths with the card, whether post-renovation cleaning has been properly
completed.
Component or building component
means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished
from each other by form, function, and
location. These include, but are not
limited to, interior components such
as: Ceilings, crown molding, walls,
chair rails, doors, door trim, floors,
fireplaces, radiators and other heating
units, shelves, shelf supports, stair
treads, stair risers, stair stringers,
newel posts, railing caps, balustrades,
windows and trim (including sashes,
window heads, jambs, sills or stools
and troughs), built in cabinets, columns, beams, bathroom vanities,
counter tops, and air conditioners; and
exterior components such as: Painted
roofing, chimneys, flashing, gutters
and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences,
floors, joists, lattice work, railings and
railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or
stools and troughs, casings, sashes and
wells, and air conditioners.
Dry disposable cleaning cloth means a
commercially available dry, electrostatically charged, white disposable
cloth designed to be used for cleaning
hard surfaces such as uncarpeted floors
or counter tops.
Firm means a company, partnership,
corporation, sole proprietorship or individual doing business, association, or
other business entity; a Federal, State,
Tribal, or local government agency; or
a nonprofit organization.

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§ 745.83

40 CFR Ch. I (7–1–10 Edition)

HEPA vacuum means a vacuum cleaner which has been designed with a highefficiency particulate air (HEPA) filter
as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with
99.97% efficiency. The vacuum cleaner
must be designed so that all the air
drawn into the machine is expelled
through the HEPA filter with none of
the air leaking past it.
Interim controls means a set of measures designed to temporarily reduce
human exposure or likely exposure to
lead-based paint hazards, including
specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of leadbased paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
Minor repair and maintenance activities
are activities, including minor heating,
ventilation or air conditioning work,
electrical work, and plumbing, that
disrupt 6 square feet or less of painted
surface per room for interior activities
or 20 square feet or less of painted surface for exterior activities where none
of the work practices prohibited or restricted by § 745.85(a)(3) are used and
where the work does not involve window replacement or demolition of
painted surface areas. When removing
painted components, or portions of
painted components, the entire surface
area removed is the amount of painted
surface disturbed. Jobs, other than
emergency renovations, performed in
the same room within the same 30 days
must be considered the same job for
the purpose of determining whether the
job is a minor repair and maintenance
activity.
Pamphlet means the EPA pamphlet
titled Renovate Right: Important Lead
Hazard Information for Families, Child
Care Providers and Schools developed
under section 406(a) of TSCA for use in
complying with section 406(b) of TSCA,
or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR
745.326 that is developed for the same
purpose. This includes reproductions of
the pamphlet when copied in full and
without revision or deletion of material from the pamphlet (except for the
addition or revision of State or local

sources of information). Before December 22, 2008, the term ‘‘pamphlet’’ also
means any pamphlet developed by EPA
under section 406(a) of TSCA or any
State or Tribal pamphlet approved by
EPA pursuant to § 745.326.
Person means any natural or judicial
person including any individual, corporation, partnership, or association;
any Indian Tribe, State, or political
subdivision thereof; any interstate
body; and any department, agency, or
instrumentality of the Federal Government.
Recognized test kit means a commercially available kit recognized by EPA
under § 745.88 as being capable of allowing a user to determine the presence of
lead at levels equal to or in excess of
1.0 milligrams per square centimeter,
or more than 0.5% lead by weight, in a
paint chip, paint powder, or painted
surface.
Renovation means the modification of
any existing structure, or portion
thereof, that results in the disturbance
of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR
745.223). The term renovation includes
(but is not limited to): The removal,
modification or repair of painted surfaces or painted components (e.g.,
modification of painted doors, surface
restoration, window repair, surface
preparation activity (such as sanding,
scraping, or other such activities that
may generate paint dust)); the removal
of building components (e.g., walls,
ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in
painted surfaces to install blown-in insulation or to gain access to attics,
planing thresholds to install weatherstripping), and interim controls that
disturb painted surfaces. A renovation
performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under
this subpart. The term renovation does
not include minor repair and maintenance activities.
Renovator means an individual who
either performs or directs workers who

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Environmental Protection Agency

§ 745.84

perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized
State or Tribal program.
Training hour means at least 50 minutes of actual learning, including, but
not limited to, time devoted to lecture,
learning activities, small group activities, demonstrations, evaluations, and
hands-on experience.
Wet disposable cleaning cloth means a
commercially available, pre-moistened
white disposable cloth designed to be
used for cleaning hard surfaces such as
uncarpeted floors or counter tops.
Wet mopping system means a device
with the following characteristics: A
long handle, a mop head designed to be
used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.
Work area means the area that the
certified renovator establishes to contain the dust and debris generated by a
renovation.
[63 FR 29919, June 1, 1998, as amended at 73
FR 21758, Apr. 22, 2008]

§ 745.84 Information distribution requirements.
(a) Renovations in dwelling units. No
more than 60 days before beginning
renovation activities in any residential
dwelling unit of target housing, the
firm performing the renovation must:
(1) Provide the owner of the unit with
the pamphlet, and comply with one of
the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) In addition to the requirements in
paragraph (a)(1) of this section, if the
owner does not occupy the dwelling
unit, provide an adult occupant of the
unit with the pamphlet, and comply
with one of the following:
(i) Obtain, from the adult occupant, a
written acknowledgment that the occupant has received the pamphlet; or
certify in writing that a pamphlet has
been delivered to the dwelling and that
the firm performing the renovation has

been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method
of delivery of the pamphlet, names of
the persons delivering the pamphlet,
reason for lack of acknowledgment
(e.g., occupant refuses to sign, no adult
occupant available), the signature of a
representative of the firm performing
the renovation, and the date of signature.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(b) Renovations in common areas. No
more than 60 days before beginning
renovation activities in common areas
of multi-unit target housing, the firm
performing the renovation must:
(1) Provide the owner with the pamphlet, and comply with one of the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) Comply with one of the following. (i)
Notify in writing, or ensure written notification of, each affected unit and
make the pamphlet available upon request prior to the start of renovation.
Such notification shall be accomplished by distributing written notice
to each affected unit. The notice shall
describe the general nature and locations of the planned renovation activities; the expected starting and ending
dates; and a statement of how the occupant can obtain the pamphlet, at no
charge, from the firm performing the
renovation, or
(ii) While the renovation is ongoing,
post informational signs describing the
general nature and locations of the
renovation and the anticipated completion date. These signs must be posted
in areas where they are likely to be
seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested
occupants can review a copy of the
pamphlet or obtain a copy from the
renovation firm at no cost to occupants.
(3) Prepare, sign, and date a statement describing the steps performed to

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✖745.84, Nt.

40 CFR Ch. I (7–1–10 Edition)

notify all occupants of the intended
renovation activities and to provide
the pamphlet.
(4) If the scope, locations, or expected
starting and ending dates of the
planned renovation activities change
after the initial notification, and the
firm provided written initial notification to each affected unit, the firm performing the renovation must provide
further written notification to the
owners and occupants providing revised
information on the ongoing or planned
activities. This subsequent notification
must be provided before the firm performing the renovation initiates work
beyond that which was described in the
original notice.
(c) Renovations in child-occupied facilities. No more than 60 days before beginning renovation activities in any childoccupied facility, the firm performing
the renovation must:
(1)(i) Provide the owner of the building with the pamphlet, and comply
with one of the following:
(A) Obtain, from the owner, a written
acknowledgment that the owner has
received the pamphlet.
(B) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(ii) If the child-occupied facility is
not the owner of the building, provide
an adult representative of the child-occupied facility with the pamphlet, and
comply with one of the following:
(A) Obtain, from the adult representative, a written acknowledgment that
the adult representative has received
the pamphlet; or certify in writing that
a pamphlet has been delivered to the
facility and that the firm performing
the renovation has been unsuccessful
in obtaining a written acknowledgment
from an adult representative. Such certification must include the address of
the child-occupied facility undergoing
renovation, the date and method of delivery of the pamphlet, names of the
persons delivering the pamphlet, reason for lack of acknowledgment (e.g.,
representative refuses to sign), the signature of a representative of the firm
performing the renovation, and the
date of signature.
(B) Obtain a certificate of mailing at
least 7 days prior to the renovation.
(2) Provide the parents and guardians
of children using the child-occupied fa-

cility with the pamphlet and information describing the general nature and
locations of the renovation and the anticipated completion date by complying with one of the following:
(i) Mail or hand-deliver the pamphlet
and the renovation information to each
parent or guardian of a child using the
child-occupied facility.
(ii) While the renovation is ongoing,
post informational signs describing the
general nature and locations of the
renovation and the anticipated completion date. These signs must be posted
in areas where they can be seen by the
parents or guardians of the children
frequenting the child-occupied facility.
The signs must be accompanied by a
posted copy of the pamphlet or information on how interested parents or
guardians can review a copy of the
pamphlet or obtain a copy from the
renovation firm at no cost to the parents or guardians.
(3) The renovation firm must prepare,
sign, and date a statement describing
the steps performed to notify all parents and guardians of the intended renovation activities and to provide the
pamphlet.
(d) Written acknowledgment. The written acknowledgments required by paragraphs
(a)(1)(i),
(a)(2)(i),
(b)(1)(i),
(c)(1)(i)(A), and (c)(1)(ii)(A) of this section must:
(1) Include a statement recording the
owner or occupant’s name and acknowledging receipt of the pamphlet
prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of
signature.
(2) Be either a separate sheet or part
of any written contract or service
agreement for the renovation.
(3) Be written in the same language
as the text of the contract or agreement for the renovation or, in the case
of non-owner occupied target housing,
in the same language as the lease or
rental agreement or the pamphlet.
[63 FR 29919, June 1, 1998. Redesignated and
amended at 73 FR 21760, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24818, May
6, 2010, § 745.84 was amended by revising paragraph (b)(2), the introductory text of paragraph (c)(2), and paragraph (c)(2)(ii), effective

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Environmental Protection Agency

§ 745.85

July 6, 2010. For the convenience of the user,
the revised text is set forth as follows:
§ 745.84 Information
ments.

*

*

distribution

*

*

require-

*

(b) * * *
(2) Comply with one of the following. (i) Notify in writing, or ensure written notification of, each affected unit and make the
pamphlet available upon request prior to the
start of renovation. Such notification shall
be accomplished by distributing written notice to each affected unit. The notice shall
describe the general nature and locations of
the planned renovation activities; the expected starting and ending dates; and a
statement of how the occupant can obtain
the pamphlet and a copy of the records required by § 745.86(c) and (d), at no cost to
the occupants, or
(ii) While the renovation is ongoing, post
informational signs describing the general
nature and locations of the renovation and
the anticipated completion date. These signs
must be posted in areas where they are likely to be seen by the occupants of all of the
affected units. The signs must be accompanied by a posted copy of the pamphlet or
information on how interested occupants can
review a copy of the pamphlet or obtain a
copy from the renovation firm at no cost to
occupants. The signs must also include information on how interested occupants can review a copy of the records required by §
745.86(c) and (d) or obtain a copy from the
renovation firm at no cost to the occupants.

*

*

*

*

*

(c) * * *
(2) Provide the parents and guardians of
children using the child-occupied facility
with the pamphlet, information describing
the general nature and locations of the renovation and the anticipated completion date,
and information on how interested parents
or guardians of children frequenting the
child-occupied facility can review a copy of
the records required by § 745.86(c) and (d) or
obtain a copy from the renovation firm at no
cost to the occupants by complying with one
of the following:

*

*

*

*

*

(ii) While the renovation is ongoing, post
informational signs describing the general
nature and locations of the renovation and
the anticipated completion date. These signs
must be posted in areas where they can be
seen by the parents or guardians of the children frequenting the child-occupied facility.
The signs must be accompanied by a posted
copy of the pamphlet or information on how

interested parents or guardians of children
frequenting the child-occupied facility can
review a copy of the pamphlet or obtain a
copy from the renovation firm at no cost to
the parents or guardians. The signs must
also include information on how interested
parents or guardians of children frequenting
the child-occupied facility can review a copy
of the records required by § 745.86(c) and (d)
or obtain a copy from the renovation firm at
no cost to the parents or guardians.

*
§ 745.85

*

*

*

*

Work practice standards.

(a) Standards for renovation activities.
Renovations must be performed by certified firms using certified renovators
as directed in § 745.89. The responsibilities of certified firms are set forth in
§ 745.89(d) and the responsibilities of
certified renovators are set forth in
§ 745.90(b).
(1) Occupant protection. Firms must
post signs clearly defining the work
area and warning occupants and other
persons not involved in renovation activities to remain outside of the work
area. To the extent practicable, these
signs must be in the primary language
of the occupants. These signs must be
posted before beginning the renovation
and must remain in place and readable
until the renovation and the post-renovation cleaning verification have been
completed. If warning signs have been
posted in accordance with 24 CFR
35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this
section.
(2) Containing the work area. Before
beginning the renovation, the firm
must isolate the work area so that no
dust or debris leaves the work area
while the renovation is being performed. In addition, the firm must
maintain the integrity of the containment by ensuring that any plastic or
other impermeable materials are not
torn or displaced, and taking any other
steps necessary to ensure that no dust
or debris leaves the work area while
the renovation is being performed. The
firm must also ensure that containment is installed in such a manner that
it does not interfere with occupant and
worker egress in an emergency.
(i) Interior renovations. The firm
must:

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§ 745.85

40 CFR Ch. I (7–1–10 Edition)

(A) Remove all objects from the work
area, including furniture, rugs, and
window coverings, or cover them with
plastic sheeting or other impermeable
material with all seams and edges
taped or otherwise sealed.
(B) Close and cover all ducts opening
in the work area with taped-down plastic sheeting or other impermeable material.
(C) Close windows and doors in the
work area. Doors must be covered with
plastic sheeting or other impermeable
material. Doors used as an entrance to
the work area must be covered with
plastic sheeting or other impermeable
material in a manner that allows workers to pass through while confining
dust and debris to the work area.
(D) Cover the floor surface, including
installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond
the perimeter of surfaces undergoing
renovation or a sufficient distance to
contain the dust, whichever is greater.
(E) Use precautions to ensure that all
personnel, tools, and other items, including the exteriors of containers of
waste, are free of dust and debris before
leaving the work area.
(ii) Exterior renovations. The firm
must:
(A) Close all doors and windows within 20 feet of the renovation. On multistory buildings, close all doors and
windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows
on all floors below that are the same
horizontal distance from the renovation.
(B) Ensure that doors within the
work area that will be used while the
job is being performed are covered with
plastic sheeting or other impermeable
material in a manner that allows workers to pass through while confining
dust and debris to the work area.
(C) Cover the ground with plastic
sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris,
whichever is greater, unless the property line prevents 10 feet of such
ground covering.

(D) In certain situations, the renovation firm must take extra precautions
in containing the work area to ensure
that dust and debris from the renovation does not contaminate other buildings or other areas of the property or
migrate to adjacent properties.
(3) Prohibited and restricted practices.
The work practices listed below shall
be prohibited or restricted during a
renovation as follows:
(i) Open-flame burning or torching of
lead-based paint is prohibited.
(ii) The use of machines that remove
lead-based paint through high speed operation such as sanding, grinding,
power planing, needle gun, abrasive
blasting, or sandblasting, is prohibited
unless such machines are used with
HEPA exhaust control.
(iii) Operating a heat gun on leadbased paint is permitted only at temperatures below 1100 degrees Fahrenheit.
(4) Waste from renovations—(i) Waste
from renovation activities must be
contained to prevent releases of dust
and debris before the waste is removed
from the work area for storage or disposal. If a chute is used to remove
waste from the work area, it must be
covered.
(ii) At the conclusion of each work
day and at the conclusion of the renovation, waste that has been collected
from renovation activities must be
stored under containment, in an enclosure, or behind a barrier that prevents
release of dust and debris out of the
work area and prevents access to dust
and debris.
(iii) When the firm transports waste
from renovation activities, the firm
must contain the waste to prevent release of dust and debris.
(5) Cleaning the work area. After the
renovation has been completed, the
firm must clean the work area until no
dust, debris or residue remains.
(i) Interior and exterior renovations.
The firm must:
(A) Collect all paint chips and debris
and, without dispersing any of it, seal
this material in a heavy-duty bag.
(B) Remove the protective sheeting.
Mist the sheeting before folding it, fold
the dirty side inward, and either tape
shut to seal or seal in heavy-duty bags.
Sheeting used to isolate contaminated

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Environmental Protection Agency

§ 745.85

rooms from non-contaminated rooms
must remain in place until after the
cleaning and removal of other sheeting.
Dispose of the sheeting as waste.
(ii) Additional cleaning for interior renovations. The firm must clean all objects and surfaces in the work area and
within 2 feet of the work area in the
following manner, cleaning from higher to lower:
(A) Walls. Clean walls starting at the
ceiling and working down to the floor
by either vacuuming with a HEPA vacuum or wiping with a damp cloth.
(B) Remaining surfaces. Thoroughly
vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be
equipped with a beater bar when
vacuuming carpets and rugs.
(C) Wipe all remaining surfaces and
objects in the work area, except for
carpeted or upholstered surfaces, with
a damp cloth. Mop uncarpeted floors
thoroughly, using a mopping method
that keeps the wash water separate
from the rinse water, such as the 2bucket mopping method, or using a wet
mopping system.
(b) Standards for post-renovation cleaning verification—(1) Interiors. (i) A certified renovator must perform a visual
inspection to determine whether dust,
debris or residue is still present. If
dust, debris or residue is present, these
conditions must be removed by recleaning and another visual inspection
must be performed.
(ii) After a successful visual inspection, a certified renovator must:
(A) Verify that each windowsill in
the work area has been adequately
cleaned, using the following procedure.
(1) Wipe the windowsill with a wet
disposable cleaning cloth that is damp
to the touch. If the cloth matches or is
lighter than the cleaning verification
card, the windowsill has been adequately cleaned.
(2) If the cloth does not match and is
darker than the cleaning verification
card, re-clean the windowsill as directed in paragraphs (a)(5)(ii)(B) and
(a)(5)(ii)(C) of this section, then either
use a new cloth or fold the used cloth
in such a way that an unused surface is
exposed, and wipe the surface again. If
the cloth matches or is lighter than

the cleaning verification card, that
windowsill
has
been
adequately
cleaned.
(3) If the cloth does not match and is
darker than the cleaning verification
card, wait for 1 hour or until the surface has dried completely, whichever is
longer.
(4)After waiting for the windowsill to
dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe,
the windowsill has been adequately
cleaned.
(B) Wipe uncarpeted floors and
countertops within the work area with
a wet disposable cleaning cloth. Floors
must be wiped using an application device with a long handle and a head to
which the cloth is attached. The cloth
must remain damp at all times while it
is being used to wipe the surface for
post-renovation cleaning verification.
If the surface within the work area is
greater than 40 square feet, the surface
within the work area must be divided
into roughly equal sections that are
each less than 40 square feet. Wipe each
such section separately with a new wet
disposable cleaning cloth. If the cloth
used to wipe each section of the surface
within the work area matches the
cleaning verification card, the surface
has been adequately cleaned.
(1) If the cloth used to wipe a particular surface section does not match
the cleaning verification card, re-clean
that section of the surface as directed
in
paragraphs
(a)(5)(ii)(B)
and
(a)(5)(ii)(C) of this section, then use a
new wet disposable cleaning cloth to
wipe that section again. If the cloth
matches the cleaning verification card,
that section of the surface has been
adequately cleaned.
(2) If the cloth used to wipe a particular surface section does not match
the cleaning verification card after the
surface has been re-cleaned, wait for 1
hour or until the entire surface within
the work area has dried completely,
whichever is longer.
(3) After waiting for the entire surface within the work area to dry, wipe
each section of the surface that has not
yet achieved post-renovation cleaning
verification with a dry disposable
cleaning cloth. After this wipe, that
section of the surface has been adequately cleaned.

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§ 745.86

40 CFR Ch. I (7–1–10 Edition)

(iii) When the work area passes the
post-renovation cleaning verification,
remove the warning signs.
(2) Exteriors. A certified renovator
must perform a visual inspection to determine whether dust, debris or residue
is still present on surfaces in and below
the work area, including windowsills
and the ground. If dust, debris or residue is present, these conditions must
be eliminated and another visual inspection must be performed. When the
area passes the visual inspection, remove the warning signs.
(c) Optional dust clearance testing.
Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another
Federal, State, Territorial, Tribal, or
local law or regulation requires:
(1) The renovation firm to perform
dust clearance sampling at the conclusion of a renovation covered by this
subpart.
(2) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling
technician.
(3) The renovation firm is required to
re-clean the work area until the dust
clearance sample results are below the
clearance standards in § 745.227(e)(8) or
any applicable State, Territorial, Tribal, or local standard.
(d) Activities conducted after post-renovation cleaning verification. Activities
that do not disturb paint, such as applying paint to walls that have already
been prepared, are not regulated by
this subpart if they are conducted after
post-renovation cleaning verification
has been performed.
[73 FR 21761, Apr. 22, 2008]

§ 745.86 Recordkeeping and reporting
requirements.
(a) Firms performing renovations
must retain and, if requested, make
available to EPA all records necessary
to demonstrate compliance with this
subpart for a period of 3 years following completion of the renovation.
This 3–year retention requirement does
not supersede longer obligations required by other provisions for retaining
the same documentation, including any
applicable State or Tribal laws or regulations.

(b) Records that must be retained
pursuant to paragraph (a) of this section shall include (where applicable):
(1) Reports certifying that a determination had been made by an inspector (certified pursuant to either Federal regulations at § 745.226 or an EPAauthorized State or Tribal certification
program) that lead-based paint is not
present on the components affected by
the
renovation,
as
described
in
§ 745.82(b)(1).
(2) Signed and dated acknowledgments of receipt as described in
§ 745.84(a)(1)(i),
(a)(2)(i),
(b)(1)(i),
(c)(1)(i)(A), and (c)(1)(ii)(A).
(3) Certifications of attempted delivery as described in § 745.84(a)(2)(i) and
(c)(1)(ii)(A).
(4) Certificates of mailing as described in § 745.84(a)(1)(ii), (a)(2)(ii),
(b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B).
(5) Records of notification activities
performed regarding common area renovations, as described in § 745.84(b)(3)
and (b)(4), and renovations in child-occupied facilities, as described in
§ 745.84(c)(2).
(6) Any signed and dated statements
received from owner-occupants documenting that the requirements of
§ 745.85 do not apply. These statements
must include a declaration that the
renovation will occur in the owner’s
residence, a declaration that no children under age 6 reside there, a declaration that no pregnant woman resides there, a declaration that the
housing is not a child-occupied facility,
the address of the unit undergoing renovation, the owner’s name, an acknowledgment by the owner that the
work practices to be used during the
renovation will not necessarily include
all of the lead-safe work practices contained in EPA’s renovation, repair, and
painting rule, the signature of the
owner, and the date of signature. These
statements must be written in the
same language as the text of the renovation contract, if any.
(7) Documentation of compliance
with the requirements of § 745.85, including documentation that a certified
renovator was assigned to the project,
that the certified renovator provided
on-the-job training for workers used on
the project, that the certified renovator performed or directed workers

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✖745.86, Nt.

Environmental Protection Agency
who performed all of the tasks described in § 745.85(a), and that the certified renovator performed the postrenovation cleaning verification described in § 745.85(b). If the renovation
firm was unable to comply with all of
the requirements of this rule due to an
emergency as defined in § 745.82, the
firm must document the nature of the
emergency and the provisions of the
rule that were not followed. This documentation must include a copy of the
certified renovator’s training certificate, and a certification by the certified renovator assigned to the project
that:
(i) Training was provided to workers
(topics must be identified for each
worker).
(ii) Warning signs were posted at the
entrances to the work area.
(iii) If test kits were used, that the
specified brand of kits was used at the
specified locations and that the results
were as specified.
(iv) The work area was contained by:
(A) Removing or covering all objects
in the work area (interiors).
(B) Closing and covering all HVAC
ducts in the work area (interiors).
(C) Closing all windows in the work
area (interiors) or closing all windows
in and within 20 feet of the work area
(exteriors).
(D) Closing and sealing all doors in
the work area (interiors) or closing and
sealing all doors in and within 20 feet
of the work area (exteriors).
(E) Covering doors in the work area
that were being used to allow passage
but prevent spread of dust.
(F) Covering the floor surface, including installed carpet, with tapeddown plastic sheeting or other impermeable material in the work area 6 feet
beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is
greater (interiors) or covering the
ground with plastic sheeting or other
disposable impermeable material anchored to the building extending 10 feet
beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris,
whichever is greater, unless the property line prevents 10 feet of such
ground covering, weighted down by
heavy objects (exteriors).

(G) Installing (if necessary) vertical
containment to prevent migration of
dust and debris to adjacent property
(exteriors).
(v) Waste was contained on-site and
while being transported off-site.
(vi) The work area was properly
cleaned after the renovation by:
(A) Picking up all chips and debris,
misting protective sheeting, folding it
dirty side inward, and taping it for removal.
(B) Cleaning the work area surfaces
and objects using a HEPA vacuum and/
or wet cloths or mops (interiors).
(vii) The certified renovator performed the post-renovation cleaning
verification (the results of which must
be briefly described, including the
number of wet and dry cloths used).
(c) When test kits are used, the renovation firm must, within 30 days of
the completion of the renovation, provide identifying information as to the
manufacturer and model of the test
kits used, a description of the components that were tested including their
locations, and the test kit results to
the person who contracted for the renovation.
(d) If dust clearance sampling is performed in lieu of cleaning verification
as permitted by § 745.85(c), the renovation firm must provide, within 30 days
of the completion of the renovation, a
copy of the dust sampling report to the
person who contracted for the renovation.
[73 FR 21761, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24819, May
6, 2010, § 745.86 was amended by removing
paragraph (b)(6), redesignating paragraph
(b)(7) as (b)(6) and revising paragraphs (b)(1),
(c), and (d) effective July 6, 2010. For the convenience of the user, the revised text is set
forth as follows:
§ 745.86 Recordkeeping
requirements.

*

*

*

and

*

reporting

*

(b) * * *
(1) Records or reports certifying that a determination had been made that lead-based
paint was not present on the components affected by the renovation, as described in
§ 745.82(a). These records or reports include:
(i) Reports prepared by a certified inspector or certified risk assessor (certified pursuant to either Federal regulations at § 745.226

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§ 745.87

40 CFR Ch. I (7–1–10 Edition)

or an EPA-authorized State or Tribal certification program).
(ii) Records prepared by a certified renovator after using EPA-recognized test kits,
including an identification of the manufacturer and model of any test kits used, a description of the components that were tested
including their locations, and the result of
each test kit used.

*

*

*

*

*

(c)(1) When the final invoice for the renovation is delivered or within 30 days of the
completion of the renovation, whichever is
earlier, the renovation firm must provide information pertaining to compliance with
this subpart to the following persons:
(i) The owner of the building; and, if different,
(ii) An adult occupant of the residential
dwelling, if the renovation took place within
a residential dwelling, or an adult representative of the child-occupied facility, if the
renovation took place within a child-occupied facility.
(2) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how
interested occupants can obtain a copy of
this information. This information must be
posted in areas where it is likely to be seen
by the occupants of all of the affected units.
(3) The information required to be provided
by paragraph (c) of this section may be provided by completing the sample form titled
‘‘Sample Renovation Recordkeeping Checklist’’ or a similar form containing the test
kit information required by § 745.86(b)(1)(ii)
and the training and work practice compliance information required by § 745.86(b)(6).
(d) If dust clearance sampling is performed
in lieu of cleaning verification as permitted
by § 745.85(c), the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the
completion of the renovation, whichever is
earlier, a copy of the dust sampling report
to:
(1) The owner of the building; and, if different,
(2) An adult occupant of the residential
dwelling, if the renovation took place within
a residential dwelling, or an adult representative of the child-occupied facility, if the
renovation took place within a child-occupied facility.
(3) When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling
reports or information on how interested occupants of the housing being renovated can
obtain a copy of the report. This information
must be posted in areas where they are likely to be seen by the occupants of all of the
affected units.

§ 745.87

Enforcement and inspections.

(a) Failure or refusal to comply with
any provision of this subpart is a violation of TSCA section 409 (15 U.S.C.
2689).
(b) Failure or refusal to establish and
maintain records or to make available
or permit access to or copying of
records, as required by this subpart, is
a violation of TSCA sections 15 and 409
(15 U.S.C. 2614 and 2689).
(c) Failure or refusal to permit entry
or inspection as required by 40 CFR
745.87 and TSCA section 11 (15 U.S.C.
2610) is a violation of sections 15 and
409 (15 U.S.C. 2614 and 2689).
(d) Violators may be subject to civil
and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for
each violation.
(e) Lead-based paint is assumed to be
present at renovations covered by this
subpart. EPA may conduct inspections
and issue subpoenas pursuant to the
provisions of TSCA section 11 (15 U.S.C.
2610) to ensure compliance with this
subpart.
[63 FR 29919, June 1, 1998, as amended at 73
FR 21763, Apr. 22, 2008]

§ 745.88

Recognized test kits.

(a) Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of
Standards and Technology research to
meet the negative response criteria described in paragraph (c)(1) of this section. This recognition will last until
EPA publicizes its recognition of the
first test kit that meets both the negative response and positive response criteria in paragraph (c) of this section.
(b) No other test kits will be recognized until they are tested through
EPA’s
Environmental
Technology
Verification Program or other equivalent EPA approved testing program.
(1) Effective September 1, 2008, to initiate the testing process, a test kit
manufacturer must submit a sufficient
number of kits, along with the instructions for using the kits, to EPA. The
test kit manufacturer should first visit
the following website for information
on where to apply: http://www.epa.gov/
etv/howtoapply.html.

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Environmental Protection Agency

§ 745.89

(2) After the kit has been tested
through the Environmental Technology Verification Program or other
equivalent approved EPA testing program, EPA will review the report to determine whether the required criteria
have been met.
(3) Before September 1, 2010, test kits
must meet only the negative response
criteria in paragraph (c)(1) of this section. The recognition of kits that meet
only this criteria will last until EPA
publicizes its recognition of the first
test kits that meets both of the criteria in paragraph (c) of this section.
(4) After September 1, 2010, test kits
must meet both of the criteria in paragraph (c) of this section.
(5) If the report demonstrates that
the kit meets the required criteria,
EPA will issue a notice of recognition
to the kit manufacturer, provide them
with the report, and post the information on EPA’s website.
(6) If the report demonstrates that
the kit does not meet the required criteria, EPA will notify the kit manufacturer and provide them with the report.
(c) Response criteria—(1) Negative response criteria. For paint containing
lead at or above the regulated level, 1.0
mg/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative response less
than or equal to 5% of the time.
(2) Positive response criteria. For paint
containing lead below the regulated
level, 1.0 mg/cm2 or 0.5% by weight, a
demonstrated probability (with 95%
confidence) of a positive response less
than or equal to 10% of the time.
[73 FR 21763, Apr. 22, 2008]

§ 745.89 Firm certification.
(a) Initial certification. (1) Firms that
perform renovations for compensation
must apply to EPA for certification to
perform renovations or dust sampling.
To apply, a firm must submit to EPA a
completed ‘‘Application for Firms,’’
signed by an authorized agent of the
firm, and pay at least the correct
amount of fees. If a firm pays more
than the correct amount of fees, EPA
will reimburse the firm for the excess
amount.
(2) After EPA receives a firm’s application, EPA will take one of the fol-

lowing actions within 90 days of the
date the application is received:
(i) EPA will approve a firm’s application if EPA determines that it is complete and that the environmental compliance history of the firm, its principals, or its key employees does not
show an unwillingness or inability to
maintain compliance with environmental statutes or regulations. An application is complete if it contains all
of the information requested on the
form and includes at least the correct
amount of fees. When EPA approves a
firm’s application, EPA will issue the
firm a certificate with an expiration
date not more than 5 years from the
date the application is approved. EPA
certification allows the firm to perform renovations covered by this section in any State or Indian Tribal area
that does not have a renovation program that is authorized under subpart
Q of this part.
(ii) EPA will request a firm to supplement its application if EPA determines
that the application is incomplete. If
EPA requests a firm to supplement its
application, the firm must submit the
requested information or pay the additional fees within 30 days of the date of
the request.
(iii) EPA will not approve a firm’s application if the firm does not supplement its application in accordance
with paragraph (a)(2)(ii) of this section
or if EPA determines that the environmental compliance history of the firm,
its principals, or its key employees
demonstrates an unwillingness or inability to maintain compliance with
environmental statutes or regulations.
EPA will send the firm a letter giving
the reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new,
complete application that includes the
correct amount of fees.
(b) Re-certification. To maintain its
certification, a firm must be re-certified by EPA every 5 years.
(1) Timely and complete application. To
be re-certified, a firm must submit a
complete application for re-certification. A complete application for recertification includes a completed
‘‘Application for Firms’’ which contains all of the information requested

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§ 745.89

40 CFR Ch. I (7–1–10 Edition)

by the form and is signed by an authorized agent of the firm, noting on the
form that it is submitted as a re-certification. A complete application
must also include at least the correct
amount of fees. If a firm pays more
than the correct amount of fees, EPA
will reimburse the firm for the excess
amount.
(i) An application for re-certification
is timely if it is postmarked 90 days or
more before the date the firm’s current
certification expires. If the firm’s application is complete and timely, the
firm’s current certification will remain
in effect until its expiration date or
until EPA has made a final decision to
approve or disapprove the re-certification application, whichever is later.
(ii) If the firm submits a complete recertification application less than 90
days before its current certification expires, and EPA does not approve the
application before the expiration date,
the firm’s current certification will expire and the firm will not be able to
conduct renovations until EPA approves its re-certification application.
(iii) If the firm fails to obtain recertification before the firm’s current certification expires, the firm must not
perform renovations or dust sampling
until it is certified anew pursuant to
paragraph (a) of this section.
(2) EPA action on an application. After
EPA receives a firm’s application for
re-certification, EPA will review the
application and take one of the following actions within 90 days of receipt:
(i) EPA will approve a firm’s application if EPA determines that it is timely and complete and that the environmental compliance history of the firm,
its principals, or its key employees
does not show an unwillingness or inability to maintain compliance with
environmental statutes or regulations.
When EPA approves a firm’s application for re-certification, EPA will issue
the firm a new certificate with an expiration date 5 years from the date that
the firm’s current certification expires.
EPA certification allows the firm to
perform renovations or dust sampling
covered by this section in any State or
Indian Tribal area that does not have a
renovation program that is authorized
under subpart Q of this part.

(ii) EPA will request a firm to supplement its application if EPA determines
that the application is incomplete.
(iii) EPA will not approve a firm’s application if it is not received or is not
complete as of the date that the firm’s
current certification expires, or if EPA
determines that the environmental
compliance history of the firm, its
principals, or its key employees demonstrates an unwillingness or inability
to maintain compliance with environmental statutes or regulations. EPA
will send the firm a letter giving the
reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new
application and paying the correct
amount of fees.
(c) Amendment of certification. A firm
must amend its certification within 90
days of the date a change occurs to information included in the firm’s most
recent application. If the firm fails to
amend its certification within 90 days
of the date the change occurs, the firm
may not perform renovations or dust
sampling until its certification is
amended.
(1) To amend a certification, a firm
must submit a completed ‘‘Application
for Firms,’’ signed by an authorized
agent of the firm, noting on the form
that it is submitted as an amendment
and indicating the information that
has changed. The firm must also pay at
least the correct amount of fees.
(2) If additional information is needed to process the amendment, or the
firm did not pay the correct amount of
fees, EPA will request the firm to submit the necessary information or fees.
The firm’s certification is not amended
until the firm complies with the request.
(3) Amending a certification does not
affect the certification expiration date.
(d) Firm responsibilities. Firms performing renovations must ensure that:
(1) All individuals performing renovation activities on behalf of the firm are
either certified renovators or have been
trained by a certified renovator in accordance with § 745.90.
(2) A certified renovator is assigned
to each renovation performed by the
firm and discharges all of the certified

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Environmental Protection Agency

§ 745.90

renovator responsibilities identified in
§ 745.90.
(3) All renovations performed by the
firm are performed in accordance with
the work practice standards in § 745.85.
(4) The pre-renovation education requirements of § 745.84 have been performed.
(5) The recordkeeping requirements
of § 745.86 are met.
[73 FR 21764, Apr. 22, 2008]

§ 745.90 Renovator certification and
dust sampling technician certification.
(a) Renovator certification and dust
sampling technician certification. (1) To
become a certified renovator or certified dust sampling technician, an individual must successfully complete
the appropriate course accredited by
EPA under § 745.225 or by a State or
Tribal program that is authorized
under subpart Q of this part. The
course completion certificate serves as
proof of certification. EPA renovator
certification allows the certified individual to perform renovations covered
by this section in any State or Indian
Tribal area that does not have a renovation program that is authorized
under subpart Q of this part. EPA dust
sampling technician certification allows the certified individual to perform
dust
clearance
sampling
under
§ 745.85(c) in any State or Indian Tribal
area that does not have a renovation
program that is authorized under subpart Q of this part.
(2) Individuals who have successfully
completed an accredited abatement
worker or supervisor course, or individuals who have successfully completed
an EPA, HUD, or EPA/HUD model renovation training course may take an
accredited refresher renovator training
course in lieu of the initial renovator
training course to become a certified
renovator.
(3) Individuals who have successfully
completed an accredited lead-based
paint inspector or risk assessor course
may take an accredited refresher dust
sampling technician course in lieu of
the initial training to become a certified dust sampling technician.
(4) To maintain renovator certification or dust sampling technician certification, an individual must complete

a renovator or dust sampling technician refresher course accredited by
EPA under § 745.225 or by a State or
Tribal program that is authorized
under subpart Q of this part within 5
years of the date the individual completed the initial course described in
paragraph (a)(1) of this section. If the
individual does not complete a refresher course within this time, the individual must re-take the initial
course to become certified again.
(b) Renovator responsibilities. Certified
renovators are responsible for ensuring
compliance with § 745.85 at all renovations to which they are assigned. A certified renovator:
(1) Must perform all of the tasks described in § 745.85(b) and must either
perform or direct workers who perform
all of the tasks described in § 745.85(a).
(2) Must provide training to workers
on the work practices they will be
using in performing their assigned
tasks.
(3) Must be physically present at the
work site when the signs required by
§ 745.85(a)(1) are posted, while the work
area
containment
required
by
§ 745.85(a)(2) is being established, and
while the work area cleaning required
by § 745.85(a)(5) is performed.
(4) Must regularly direct work being
performed by other individuals to ensure that the work practices are being
followed, including maintaining the integrity of the containment barriers and
ensuring that dust or debris does not
spread beyond the work area.
(5) Must be available, either on-site
or by telephone, at all times that renovations are being conducted.
(6) When requested by the party contracting for renovation services, must
use an acceptable test kit to determine
whether components to be affected by
the renovation contain lead-based
paint.
(7) Must have with them at the work
site copies of their initial course completion certificate and their most recent refresher course completion certificate.
(8) Must prepare the records required
by § 745.86(b)(7).
(c) Dust sampling technician responsibilities. When performing optional
dust
clearance
sampling
under

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§ 745.90, Nt.

40 CFR Ch. I (7–1–10 Edition)

§ 745.85(c), a certified dust sampling
technician:
(1) Must collect dust samples in accordance with § 745.227(e)(8), must send
the collected samples to a laboratory
recognized by EPA under TSCA section
405(b), and must compare the results to
the clearance levels in accordance with
§ 745.227(e)(8).
(2) Must have with them at the work
site copies of their initial course completion certificate and their most recent refresher course completion certificate.
[73 FR 21765, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24819, May
6, 2010, § 745.90 was amended by revising paragraphs (a)(4) and (b)(8), effective July 6, 2010.
For the convenience of the user, the revised
text is set forth as follows:
§ 745.90 Renovator certification and dust
sampling technician certification.
(a) * * *
(4) To maintain renovator certification or
dust sampling technician certification, an
individual must complete a renovator or
dust sampling technician refresher course
accredited by EPA under § 745.225 or by a
State or Tribal program that is authorized
under subpart Q of this part within 5 years of
the date the individual completed the initial
course described in paragraph (a)(1) of this
section. If the individual does not complete a
refresher course within this time, the individual must re-take the initial course to become certified again. Individuals who complete a renovator course accredited by EPA
before April 22, 2010, must complete an EPAaccredited renovator refresher course before
July 1, 2015, to maintain renovator certification.
(b) * * *
(8) Must prepare the records required by
§ 745.86(b)(1) and (b)(6).

*

*

*

*

*

§ 745.91 Suspending,
revoking,
or
modifying an individual’s or firm’s
certification.
(a)(1) Grounds for suspending, revoking, or modifying an individual’s certification. EPA may suspend, revoke, or
modify an individual’s certification if
the individual fails to comply with
Federal lead-based paint statutes or
regulations. EPA may also suspend, revoke, or modify a certified renovator’s
certification if the renovator fails to
ensure that all assigned renovations
comply with § 745.85. In addition to an

administrative or judicial finding of
violation, execution of a consent agreement in settlement of an enforcement
action constitutes, for purposes of this
section, evidence of a failure to comply
with relevant statutes or regulations.
(2) Grounds for suspending, revoking, or
modifying a firm’s certification. EPA may
suspend, revoke, or modify a firm’s certification if the firm:
(i) Submits false or misleading information to EPA in its application for
certification or re-certification.
(ii) Fails to maintain or falsifies
records required in § 745.86.
(iii) Fails to comply, or an individual
performing a renovation on behalf of
the firm fails to comply, with Federal
lead-based paint statutes or regulations. In addition to an administrative
or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section,
evidence of a failure to comply with
relevant statutes or regulations.
(b) Process for suspending, revoking, or
modifying certification. (1) Prior to taking action to suspend, revoke, or modify an individual’s or firm’s certification, EPA will notify the affected entity in writing of the following:
(i) The legal and factual basis for the
proposed suspension, revocation, or
modification.
(ii) The anticipated commencement
date and duration of the suspension,
revocation, or modification.
(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or
to receive certification in the future.
(iv) The opportunity and method for
requesting a hearing prior to final suspension, revocation, or modification.
(2) If an individual or firm requests a
hearing, EPA will:
(i) Provide the affected entity an opportunity to offer written statements
in response to EPA’s assertions of the
legal and factual basis for its proposed
action.
(ii) Appoint an impartial official of
EPA as Presiding Officer to conduct
the hearing.
(3) The Presiding Officer will:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing.

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Environmental Protection Agency

§ 745.92

(ii) Consider all relevant evidence,
explanation, comment, and argument
submitted.
(iii) Notify the affected entity in
writing within 90 days of completion of
the hearing of his or her decision and
order. Such an order is a final agency
action which may be subject to judicial
review. The order must contain the
commencement date and duration of
the suspension, revocation, or modification.
(4) If EPA determines that the public
health, interest, or welfare warrants
immediate action to suspend the certification of any individual or firm
prior to the opportunity for a hearing,
it will:
(i) Notify the affected entity in accordance
with
paragraph
(b)(1)(i)
through (b)(1)(iii) of this section, explaining why it is necessary to suspend
the entity’s certification before an opportunity for a hearing.
(ii) Notify the affected entity of its
right to request a hearing on the immediate suspension within 15 days of
the suspension taking place and the
procedures for the conduct of such a
hearing.
(5) Any notice, decision, or order
issued by EPA under this section, any
transcript or other verbatim record of
oral testimony, and any documents
filed by a certified individual or firm in
a hearing under this section will be
available to the public, except as otherwise provided by section 14 of TSCA
or by part 2 of this title. Any such
hearing at which oral testimony is presented will be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of
TSCA or part 2 of this title.
(6) EPA will maintain a publicly
available list of entities whose certification has been suspended, revoked,
modified, or reinstated.
(7) Unless the decision and order
issued under paragraph (b)(3)(iii) of
this section specify otherwise:
Training Program

(i) An individual whose certification
has been suspended must take a refresher training course (renovator or
dust sampling technician) in order to
make his or her certification current.
(ii) An individual whose certification
has been revoked must take an initial
renovator or dust sampling technician
course in order to become certified
again.
(iii) A firm whose certification has
been revoked must reapply for certification after the revocation ends in
order to become certified again. If the
firm’s certification has been suspended
and the suspension ends less than 5
years after the firm was initially certified or re-certified, the firm does not
need to do anything to re-activate its
certification.
[73 FR 21765, Apr. 22, 2008]

§ 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) Non-exempt
training programs. All non-exempt
training programs applying to EPA for
the accreditation and re-accreditation
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:

Accreditation

Initial Renovator or Dust Sampling Technician
Course

$560

Re-accreditation (every 4 years, see
40 CFR 745.225(f)(1) for details)
$340

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§ 745.100

40 CFR Ch. I (7–1–10 Edition)
Training Program

Accreditation

Re-accreditation (every 4 years, see
40 CFR 745.225(f)(1) for details)

Refresher Renovator or Dust Sampling Technician Course

$400

$310

Renovation Firm

Certification

Re-certification (every 5 years see 40
CFR 745.89(b))

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

$300
$550

$300
$550

$20

$20

$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, re-certification, accreditation, or re-accreditation for any firm or training program
that does not remit fees described in
paragraph (b) of this 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.
[74 FR 11869, Mar. 20, 2009]

Subpart F—Disclosure of Known
Lead-Based
Paint
and/or
Lead-Based Paint Hazards
Upon Sale or Lease of Residential Property
§ 745.100 Purpose.
This subpart implements the provisions of 42 U.S.C. 4852d, which impose
certain requirements on the sale or
lease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or
lessee the presence of any known leadbased paint and/or lead-based paint
hazards; provide available records and

reports; provide the purchaser or lessee
with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or
inspection; and attach specific disclosure and warning language to the sales
or leasing contract before the purchaser or lessee is obligated under a
contract to purchase or lease target
housing.
§ 745.101

Scope and applicability.

This subpart applies to all transactions to sell or lease target housing,
including subleases, with the exception
of the following:
(a) Sales of target housing at foreclosure.
(b) Leases of target housing that
have been found to be lead-based paint
free by an inspector certified under the
Federal certification program or under
a federally accredited State or tribal
certification program. Until a Federal
certification program or federally accredited State certification program is
in place within the State, inspectors
shall be considered qualified to conduct
an inspection for this purpose if they
have received certification under any
existing State or tribal inspector certification program. The lessor has the
option of using the results of additional test(s) by a certified inspector to
confirm or refute a prior finding.
(c) Short-term leases of 100 days or
less, where no lease renewal or extension can occur.
(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new
information described in § 745.107 has
come into the possession of the lessor.

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