Download:
pdf |
pdfPt. 745
40 CFR Ch. I (7–1–10 Edition)
Burkholderia vietnamiensis, Burkholderia
ambifaria,
Burkholderia
pyrrocinia,
Burkholderia cepacia genomovar VIII
(Burkholderia
anthina),
and
Burkholderia cepacia genomovars III
and VI are subject to reporting under
this section for the significant new
uses described in paragraph (a)(2) of
this section.
(2) The significant new use is any use
other than research and development
in the degradation of chemicals via injection into subsurface groundwater.
(b) [Reserved]
[68 FR 35320, June 13, 2003]
PART 745—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES
Subparts A–C [Reserved]
Subpart D—Lead-Based Paint Hazards
745.61
745.63
745.65
Scope and applicability.
Definitions.
Lead-based paint hazards.
Subpart E—Residential Property Renovation
Sec.
745.80 Purpose.
745.81 Effective dates.
745.82 Applicability.
745.83 Definitions.
745.84 Information
distribution
requirements.
745.85 Work practice standards.
745.86 Recordkeeping and reporting requirements.
745.87 Enforcement and inspections.
745.88 Recognized test kits.
745.89 Firm certification.
745.90 Renovator certification and dust
sampling technician certification.
745.91 Suspending, revoking, or modifying
an individual’s or firm’s certification.
745.92 Fees for the accreditation of renovation and dust sampling technician training and the certification of renovation
firms.
Subpart F—Disclosure of Known LeadBased Paint and/or Lead-Based Paint
Hazards Upon Sale or Lease of Residential Property
745.100
745.101
745.102
745.103
745.107
and
Purpose.
Scope and applicability.
Effective dates.
Definitions.
Disclosure requirements for sellers
lessors.
745.110 Opportunity to conduct an evaluation.
745.113 Certification and acknowledgment
of disclosure.
745.115 Agent responsibilities.
745.118 Enforcement.
745.119 Impact on State and local requirements.
Subparts G–K [Reserved]
Subpart L—Lead-Based Paint Activities
745.220 Scope and applicability.
745.223 Definitions.
745.225 Accreditation of training programs:
target housing and child-occupied facilities.
745.226 Certification of individuals and
firms engaged in lead-based paint activities: target housing and child-occupied
facilities.
745.227 Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities.
745.228 Accreditation of training programs:
public and commercial buildings, bridges
and superstructures. [Reserved]
745.229 Certification of individuals and
firms engaged in lead-based paint activities: public and commercial buildings,
bridges and superstructures. [Reserved]
745.230 Work practice standards for conducting lead-based paint activities: public and commercial buildings, bridges
and superstructures. [Reserved]
745.233 Lead-based paint activities requirements.
745.235 Enforcement.
745.237 Inspections.
745.238 Fees for accreditation and certification of lead-based paint activities.
745.239 Effective dates.
Subparts M–P [Reserved]
Subpart Q—State and Indian Tribal
Programs
745.320 Scope and purpose.
745.323 Definitions.
745.324 Authorization of State or Tribal programs.
745.325 Lead-based paint activities: State
and Tribal program requirements.
745.326 Renovation: State and Tribal program requirements.
745.327 State or Indian Tribal lead-based
paint compliance and enforcement programs.
745.339 Effective date.
AUTHORITY: 15 U.S.C. 2605, 2607, 2681–2692
and 42 U.S.C. 4852d.
SOURCE: 61 FR 9085, Mar. 6, 1996, unless otherwise noted.
622
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00632
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.63
Subparts A–C [Reserved]
ture that is otherwise damaged or separated from the substrate.
Dripline means the area within 3 feet
surrounding the perimeter of a building.
Friction surface means an interior or
exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair
surfaces.
Impact surface means an interior or
exterior surface that is subject to damage by repeated sudden force such as
certain parts of door frames.
Interior window sill means the portion
of the horizontal window ledge that
protrudes into the interior of the room.
Lead-based paint hazard means hazardous lead-based paint, dust-lead hazard or soil-lead hazard as identified in
§ 745.65.
Loading means the quantity of a specific substance present per unit of surface area, such as the amount of lead in
micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet
or square meters.
Mid-yard means an area of a residential yard approximately midway between the dripline of a residential
building and the nearest property
boundary or between the driplines of a
residential building and another building on the same property.
Play area means an area of frequent
soil contact by children of less than 6
years of age as indicated by, but not
limited to, such factors including the
following: the presence of play equipment (e.g., sandboxes, swing sets, and
sliding boards), toys, or other children’s possessions, observations of play
patterns, or information provided by
parents, residents, care givers, or property owners.
Residential building means a building
containing one or more residential
dwellings.
Room means a separate part of the inside of a building, such as a bedroom,
living room, dining room, kitchen,
bathroom, laundry room, or utility
room. To be considered a separate
room, the room must be separated from
adjoining rooms by built-in walls or
archways that extend at least 6 inches
from an intersecting wall. Half walls or
bookcases count as room separators if
Subpart D—Lead-Based Paint
Hazards
SOURCE: 66 FR 1237, Jan. 5, 2001, unless otherwise noted.
§ 745.61
Scope and applicability.
(a) This subpart identifies lead-based
paint hazards.
(b) The standards for lead-based paint
hazards apply to target housing and
child-occupied facilities.
(c) Nothing in this subpart requires
the owner of property(ies) subject to
these standards to evaluate the property(ies) for the presence of lead-based
paint hazards or take any action to
control these conditions if one or more
of them is identified.
§ 745.63
Definitions.
The following definitions apply to
part 745.
Arithmetic mean means the algebraic
sum of data values divided by the number of data values (e.g., the sum of the
concentration of lead in several soil
samples divided by the number of samples).
Chewable surface means an interior or
exterior surface painted with leadbased paint that a young child can
mouth or chew. A chewable surface is
the same as an ‘‘accessible surface’’ as
defined in 42 U.S.C. 4851b(2)). Hard
metal substrates and other materials
that cannot be dented by the bite of a
young
child
are
not
considered
chewable.
Common area group means a group of
common areas that are similar in design, construction, and function. Common area groups include, but are not
limited to hallways, stairwells, and
laundry rooms.
Concentration means the relative content of a specific substance contained
within a larger mass, such as the
amount of lead (in micrograms per
gram or parts per million by weight) in
a sample of dust or soil.
Deteriorated paint means any interior
or exterior paint or other coating that
is peeling, chipping, chalking or cracking, or any paint or coating located on
an interior or exterior surface or fix-
623
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00633
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.65
40 CFR Ch. I (7–1–10 Edition)
built-in. Movable or collapsible partitions or partitions consisting solely of
shelves or cabinets are not considered
built-in walls. A screened in porch that
is used as a living area is a room.
Soil sample means a sample collected
in a representative location using
ASTM E1727, ‘‘Standard Practice for
Field Collection of Soil Samples for
Lead Determination by Atomic Spectrometry Techniques,’’ or equivalent
method.
Weighted arithmetic mean means the
arithmetic mean of sample results
weighted by the number of subsamples
in each sample. Its purpose is to give
influence to a sample relative to the
surface area it represents. A single surface sample is comprised of a single
subsample. A composite sample may
contain from two to four subsamples of
the same area as each other and of
each single surface sample in the composite. The weighted arithmetic mean
is obtained by summing, for all samples, the product of the sample’s result
multiplied by the number of subsamples in the sample, and dividing the
sum by the total number of subsamples
contained in all samples. For example,
the weighted arithmetic mean of a single surface sample containing 60 μg/ft2,
a composite sample (three subsamples)
containing 100 μg/ft2, and a composite
sample (4 subsamples) containing 110
μg/ft2 is 100 μg/ft2. This result is based
on the equation [60+(3*100)+(4*110)]/
(1+3+4).
Window trough means, for a typical
double-hung window, the portion of the
exterior window sill between the interior window sill (or stool) and the
frame of the storm window. If there is
no storm window, the window trough is
the area that receives both the upper
and lower window sashes when they are
both lowered. The window trough is
sometimes referred to as the window
‘‘well.’’
Wipe sample means a sample collected
by wiping a representative surface of
known area, as determined by ASTM
E1728, ‘‘Standard Practice for Field
Collection of Settled Dust Samples
Using Wipe Sampling Methods for Lead
Determination by Atomic Spectrometry Techniques, or equivalent method,
with an acceptable wipe material as defined in ASTM E 1792, ‘‘Standard Speci-
fication for Wipe Sampling Materials
for Lead in Surface Dust.’’
§ 745.65 Lead-based paint hazards.
(a) Paint-lead hazard. A paint-lead
hazard is any of the following:
(1) Any lead-based paint on a friction
surface that is subject to abrasion and
where the lead dust levels on the nearest horizontal surface underneath the
friction surface (e.g., the window sill,
or floor) are equal to or greater than
the dust-lead hazard levels identified in
paragraph (b) of this section.
(2) Any damaged or otherwise deteriorated lead-based paint on an impact
surface that is caused by impact from a
related building component (such as a
door knob that knocks into a wall or a
door that knocks against its door
frame.
(3) Any chewable lead-based painted
surface on which there is evidence of
teeth marks.
(4) Any other deteriorated lead-based
paint in any residential building or
child-occupied facility or on the exterior of any residential building or
child-occupied facility.
(b) Dust-lead hazard. A dust-lead hazard is surface dust in a residential
dwelling or child-occupied facility that
contains a mass-per-area concentration
of lead equal to or exceeding 40 μg/ft2
on floors or 250 μg/ft2 on interior window sills based on wipe samples.
(c) Soil-lead hazard. A soil-lead hazard
is bare soil on residential real property
or on the property of a child-occupied
facility that contains total lead equal
to or exceeding 400 parts per million
(μg/g) in a play area or average of 1,200
parts per million of bare soil in the rest
of the yard based on soil samples.
(d) Work practice requirements. Applicable certification, occupant protection, and clearance requirements and
work practice standards are found in
regulations issued by EPA at 40 CFR
part 745, subpart L and in regulations
issued by the Department of Housing
and Urban Development (HUD) at 24
CFR part 35, subpart R. The work practice standards in those regulations do
not apply when treating paint-lead hazards of less than:
(1) Two square feet of deteriorated
lead-based paint per room or equivalent,
624
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00634
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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-
625
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00635
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
✖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
626
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00636
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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.
627
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00637
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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
628
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00638
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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
629
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00639
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
✖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
630
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00640
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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:
631
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00641
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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
632
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00642
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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.
633
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00643
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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
634
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00644
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
✖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
635
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00645
Fmt 8010
Sfmt 8003
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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.
636
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00646
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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
637
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00647
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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
638
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00648
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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
639
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00649
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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.
640
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00650
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
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
641
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00651
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 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.
642
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00652
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.103
For the purposes of this paragraph, renewal shall include both renegotiation
of existing lease terms and/or ratification of a new lease.
§ 745.102 Effective dates.
The requirements in this subpart
take effect in the following manner:
(a) For owners of more than four residential dwellings, the requirements
shall take effect on September 6, 1996.
(b) For owners of one to four residential dwellings, the requirements shall
take effect on December 6, 1996.
§ 745.103 Definitions.
The following definitions apply to
this subpart.
The Act means the Residential LeadBased Paint Hazard Reduction Act of
1992, 42 U.S.C. 4852d.
Agent means any party who enters
into a contract with a seller or lessor,
including any party who enters into a
contract with a representative of the
seller or lessor, for the purpose of selling or leasing target housing. This
term does not apply to purchasers or
any purchaser’s representative who receives all compensation from the purchaser.
Available means in the possession of
or reasonably obtainable by the seller
or lessor at the time of the disclosure.
Common area means a portion of a
building generally accessible to all
residents/users including, but not limited to, hallways, stairways, laundry
and recreational rooms, playgrounds,
community centers, and boundary
fences.
Contract for the purchase and sale of
residential real property means any contract or agreement in which one party
agrees to purchase an interest in real
property on which there is situated one
or more residential dwellings used or
occupied, or intended to be used or occupied, in whole or in part, as the home
or residence of one or more persons.
EPA means the Environmental Protection Agency.
Evaluation means a risk assessment
and/or inspection.
Foreclosure means any of the various
methods,
statutory
or
otherwise,
known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.
Housing for the elderly means retirement communities or similar types of
housing reserved for households composed of one or more persons 62 years
of age or more at the time of initial occupancy.
HUD means the U.S. Department of
Housing and Urban Development.
Inspection means:
(1) A surface-by-surface investigation
to determine the presence of lead-based
paint as provided in section 302(c) of
the Lead-Based Paint Poisoning and
Prevention Act [42 U.S.C. 4822], and
(2) The provision of a report explaining the results of the investigation.
Lead-based paint means paint or other
surface coatings that contain lead
equal to or in excess of 1.0 milligram
per square centimeter or 0.5 percent by
weight.
Lead-based paint free housing means
target housing that has been found to
be free of paint or other surface coatings that contain lead equal to or in
excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
Lead-based paint hazard means any
condition that causes exposure to lead
from lead-contaminated dust, lead-contaminated soil, or lead-contaminated
paint that is deteriorated or present in
accessible surfaces, friction surfaces,
or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal agency.
Lessee means any entity that enters
into an agreement to lease, rent, or
sublease target housing, including but
not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations.
Lessor means any entity that offers
target housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations,
trusts, government agencies, housing
agencies, Indian tribes, and nonprofit
organizations.
Owner means any entity that has
legal title to target housing, including
but not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations, except where a mortgagee holds legal
title to property serving as collateral
643
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00653
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.107
40 CFR Ch. I (7–1–10 Edition)
for a mortgage loan, in which case the
owner would be the mortgagor.
Purchaser means an entity that enters into an agreement to purchase an
interest in target housing, including
but not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations.
Reduction means measures designed
to reduce or eliminate human exposure
to lead-based paint hazards through
methods including interim controls
and abatement.
Residential dwelling means:
(1) A single-family dwelling, including attached structures such as porches
and stoops; or
(2) A single-family dwelling unit in a
structure that contains more than one
separate residential dwelling unit, and
in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.
Risk assessment means an on-site investigation to determine and report
the existence, nature, severity, and location of lead-based paint hazards in
residential dwellings, including:
(1) Information gathering regarding
the age and history of the housing and
occupancy by children under age 6;
(2) Visual inspection;
(3) Limited wipe sampling or other
environmental sampling techniques;
(4) Other activity as may be appropriate; and
(5) Provision of a report explaining
the results of the investigation.
Secretary means the Secretary of
Housing and Urban Development.
Seller means any entity that transfers
legal title to target housing, in whole
or in part, in return for consideration,
including but not limited to individuals,
partnerships,
corporations,
trusts, government agencies, housing
agencies, Indian tribes, and nonprofit
organizations. The term ‘‘seller’’ also
includes:
(1) An entity that transfers shares in
a cooperatively owned project, in return for consideration; and
(2) An entity that transfers its interest in a leasehold, in jurisdictions or
circumstances where it is legally permissible to separate the fee title from
the title to the improvement, in return
for consideration.
Target housing means any housing
constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less
than 6 years of age resides or is expected to reside in such housing) or
any 0-bedroom dwelling.
TSCA means the Toxic Substances
Control Act, 15 U.S.C. 2601.
0-bedroom dwelling means any residential dwelling in which the living area is
not separated from the sleeping area.
The term includes efficiencies, studio
apartments, dormitory housing, military barracks, and rentals of individual
rooms in residential dwellings.
§ 745.107 Disclosure requirements for
sellers and lessors.
(a) The following activities shall be
completed before the purchaser or lessee is obligated under any contract to
purchase or lease target housing that
is not otherwise an exempt transaction
pursuant to § 745.101. Nothing in this
section implies a positive obligation on
the seller or lessor to conduct any evaluation or reduction activities.
(1) The seller or lessor shall provide
the purchaser or lessee with an EPAapproved lead hazard information pamphlet. Such pamphlets include the EPA
document entitled Protect Your Family
From Lead in Your Home (EPA #747-K94-001) or an equivalent pamphlet that
has been approved for use in that State
by EPA.
(2) The seller or lessor shall disclose
to the purchaser or lessee the presence
of any known lead-based paint and/or
lead-based paint hazards in the target
housing being sold or leased. The seller
or lessor shall also disclose any additional information available concerning the known lead-based paint
and/or lead-based paint hazards, such
as the basis for the determination that
lead-based paint and/or lead-based
paint hazards exist, the location of the
lead-based paint and/or lead-based
paint hazards, and the condition of the
painted surfaces.
(3) The seller or lessor shall disclose
to each agent the presence of any
known lead-based paint and/or lead-
644
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00654
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.113
based paint hazards in the target housing being sold or leased and the existence of any available records or reports
pertaining to lead-based paint and/or
lead-based paint hazards. The seller or
lessor shall also disclose any additional
information available concerning the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(4) The seller or lessor shall provide
the purchaser or lessee with any
records or reports available to the seller or lessor pertaining to lead-based
paint and/or lead-based paint hazards
in the target housing being sold or
leased. This requirement includes
records or reports regarding common
areas. This requirement also includes
records or reports regarding other residential dwellings in multifamily target
housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or leadbased paint hazards in the target housing as a whole.
(b) If any of the disclosure activities
identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or
lease the housing, the seller or lessor
shall complete the required disclosure
activities prior to accepting the purchaser’s or lessee’s offer and allow the
purchaser or lessee an opportunity to
review the information and possibly
amend the offer.
§ 745.110 Opportunity to conduct an
evaluation.
(a) Before a purchaser is obligated
under any contract to purchase target
housing, the seller shall permit the
purchaser a 10-day period (unless the
parties mutually agree, in writing,
upon a different period of time) to conduct a risk assessment or inspection
for the presence of lead-based paint
and/or lead-based paint hazards.
(b) Not withstanding paragraph (a) of
this section, a purchaser may waive
the opportunity to conduct the risk assessment or inspection by so indicating
in writing.
§ 745.113 Certification and acknowledgment of disclosure.
(a) Seller requirements. Each contract
to sell target housing shall include an
attachment containing the following
elements, in the language of the contract (e.g., English, Spanish):
(1) A Lead Warning Statement consisting of the following language:
Every purchaser of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified
that such property may present exposure to
lead from lead-based paint that may place
young children at risk of developing lead
poisoning. Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems,
and impaired memory. Lead poisoning also
poses a particular risk to pregnant women.
The seller of any interest in residential real
property is required to provide the buyer
with any information on lead-based paint
hazards from risk assessments or inspections
in the seller’s possession and notify the
buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
(2) A statement by the seller disclosing the presence of known leadbased paint and/or lead-based paint
hazards in the target housing being
sold or indicating no knowledge of the
presence of lead-based paint and/or
lead-based paint hazards. The seller
shall also provide any additional information
available
concerning
the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(3) A list of any records or reports
available to the seller pertaining to
lead-based paint and/or lead-based
paint hazards in the housing that have
been provided to the purchaser. If no
such records or reports are available,
the seller shall so indicate.
(4) A statement by the purchaser affirming receipt of the information set
out in paragraphs (a)(2) and (a)(3) of
this section and the lead hazard information pamphlet required under 15
U.S.C. 2696.
645
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00655
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.113
40 CFR Ch. I (7–1–10 Edition)
(5) A statement by the purchaser that
he/she has either:
(i) Received the opportunity to conduct the risk assessment or inspection
required by § 745.110(a); or
(ii) Waived the opportunity.
(6) When one or more agents are involved in the transaction to sell target
housing on behalf of the seller, a statement that:
(i) The agent has informed the seller
of the seller’s obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty
to ensure compliance with the requirements of this subpart.
(7) The signatures of the sellers,
agents, and purchasers certifying to
the accuracy of their statements to the
best of their knowledge, along with the
dates of signature.
(b) Lessor requirements. Each contract
to lease target housing shall include,
as an attachment or within the contract, the following elements, in the
language of the contract (e.g., English,
Spanish):
(1) A Lead Warning Statement with
the following language:
Housing built before 1978 may contain leadbased paint. Lead from paint, paint chips,
and dust can pose health hazards if not managed properly. Lead exposure is especially
harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based
paint and/or lead-based paint hazards in the
dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning
prevention.
(2) A statement by the lessor disclosing the presence of known leadbased paint and/or lead-based paint
hazards in the target housing being
leased or indicating no knowledge of
the presence of lead-based paint and/or
lead-based paint hazards. The lessor
shall also disclose any additional information
available
concerning
the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(3) A list of any records or reports
available to the lessor pertaining to
lead-based paint and/or lead-based
paint hazards in the housing that have
been provided to the lessee. If no such
records or reports are available, the
lessor shall so indicate.
(4) A statement by the lessee affirming receipt of the information set out
in paragraphs (b)(2) and (b)(3) of this
section and the lead hazard information pamphlet required under 15 U.S.C.
2696.
(5) When one or more agents are involved in the transaction to lease target housing on behalf of the lessor, a
statement that:
(i) The agent has informed the lessor
of the lessor as obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty
to ensure compliance with the requirements of this subpart.
(6) The signatures of the lessors,
agents, and lessees, certifying to the
accuracy of their statements, to the
best of their knowledge, along with the
dates of signature.
(c) Retention of Certification and Acknowledgment Information.
(1) The seller, and any agent, shall
retain a copy of the completed attachment required under paragraph (a) of
this section for no less than 3 years
from the completion date of the sale.
The lessor, and any agent, shall retain
a copy of the completed attachment or
lease contract containing the information required under paragraph (b) of
this section for no less than 3 years
from the commencement of the leasing
period.
(2) This recordkeeping requirement is
not intended to place any limitations
on civil suits under the Act, or to otherwise affect a lessee’s or purchaser’s
rights under the civil penalty provisions of 42 U.S.C. 4852d(b)(3).
(d) The seller, lessor, or agent shall
not be responsible for the failure of a
purchaser’s or lessee’s legal representative (where such representative receives all compensation from the purchaser or lessee) to transmit disclosure
materials to the purchaser or lessee,
provided that all required parties have
completed and signed the necessary
certification and acknowledgment language required under paragraphs (a)
and (b) of this section.
646
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00656
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.220
§ 745.115 Agent responsibilities.
(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent
shall:
(1) Inform the seller or lessor of his/
her obligations under §§ 745.107, 745.110,
and 745.113.
(2) Ensure that the seller or lessor
has performed all activities required
under §§ 745.107, 745.110, and 745.113, or
personally ensure compliance with the
requirements of §§ 745.107, 745.110, and
745.113.
(b) If the agent has complied with
paragraph (a)(1) of this section, the
agent shall not be liable for the failure
to disclose to a purchaser or lessee the
presence of lead-based paint and/or
lead-based paint hazards known by a
seller or lessor but not disclosed to the
agent.
§ 745.118 Enforcement.
(a) Any person who knowingly fails
to comply with any provision of this
subpart shall be subject to civil monetary penalties in accordance with the
provisions of 42 U.S.C. 3545 and 24 CFR
part 30.
(b) The Secretary is authorized to
take such action as may be necessary
to enjoin any violation of this subpart
in the appropriate Federal district
court.
(c) Any person who knowingly violates the provisions of this subpart
shall be jointly and severally liable to
the purchaser or lessee in an amount
equal to 3 times the amount of damages incurred by such individual.
(d) In any civil action brought for
damages
pursuant
to
42
U.S.C.
4852d(b)(3), the appropriate court may
award court costs to the party commencing such action, together with
reasonable attorney fees and any expert witness fees, if that party prevails.
(e) Failure or refusal to comply with
§ 745.107 (disclosure requirements for
sellers and lessors), § 745.110 (opportunity to conduct an evaluation),
§ 745.113 (certification and acknowledgment of disclosure), or § 745.115 (agent
responsibilities) is a violation of 42
U.S.C. 4852d(b)(5) and of TSCA section
409 (15 U.S.C. 2689).
(f) Violators may be subject to civil
and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for
each violation. For purposes of enforcing this subpart, the penalty for each
violation applicable under 15 U.S.C.
2615 shall not be more than $11,000 for
all violations occuring after July 28,
1997; all violations occuring on or prior
to that date are subject to a penalty
not more than $10,000.
[61 FR 9085, Mar. 6, 1996, as amended at 62 FR
35041, June 27, 1997]
§ 745.119 Impact on State and local requirements.
Nothing in this subpart shall relieve
a seller, lessor, or agent from any responsibility for compliance with State
or local laws, ordinances, codes, or regulations governing notice or disclosure
of known lead-based paint or leadbased paint hazards. Neither HUD nor
EPA assumes any responsibility for ensuring compliance with such State or
local requirements.
Subparts G–K [Reserved]
Subpart L—Lead-Based Paint
Activities
SOURCE: 61 FR 45813, Aug. 29, 1996, unless
otherwise noted.
§ 745.220 Scope and applicability.
(a) This subpart contains procedures
and requirements for the accreditation
of training programs for lead-based
paint activities and renovations, procedures and requirements for the certification of individuals and firms engaged
in lead-based paint activities, and work
practice standards for performing such
activities. This subpart also requires
that, except as discussed below, all
lead-based paint activities, as defined
in this subpart, be performed by certified individuals and firms.
(b) This subpart applies to all individuals and firms who are engaged in
lead-based paint activities as defined in
§ 745.223, except persons who perform
these activities within residential
dwellings that they own, unless the
residential dwelling is occupied by a
person or persons other than the owner
or the owner’s immediate family while
these activities are being performed, or
a child residing in the building has
647
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00657
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.223
40 CFR Ch. I (7–1–10 Edition)
been identified as having an elevated
blood lead level. This subpart applies
only in those States or Indian Country
that do not have an authorized State or
Tribal program pursuant to § 745.324 of
subpart Q.
(c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction
over any property or facility, or engaged in any activity resulting, or
which may result, in a lead-based paint
hazard, and each officer, agent, or employee thereof shall be subject to, and
comply with, all Federal, State, interstate, and local requirements, both
substantive and procedural, including
the requirements of this subpart regarding lead-based paint, lead-based
paint activities, and lead-based paint
hazards.
(d) While this subpart establishes
specific requirements for performing
lead-based paint activities should they
be undertaken, nothing in this subpart
requires that the owner or occupant
undertake any particular lead-based
paint activity.
[61 FR 45813, Aug. 29, 1996, as amended at 73
FR 21766, Apr. 22, 2008]
§ 745.223
Definitions.
The definitions in subpart A apply to
this subpart. In addition, the following
definitions apply.
Abatement means any measure or set
of measures designed to permanently
eliminate lead-based paint hazards.
Abatement includes, but is not limited
to:
(1) The removal of paint and dust, the
permanent enclosure or encapsulation
of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil,
when lead-based paint hazards are
present in such paint, dust or soil; and
(2) All preparation, cleanup, disposal,
and post-abatement clearance testing
activities associated with such measures.
(3) Specifically, abatement includes,
but is not limited to:
(i) Projects for which there is a written contract or other documentation,
which provides that an individual or
firm will be conducting activities in or
to a residential dwelling or child-occupied facility that:
(A) Shall result in the permanent
elimination of lead-based paint hazards; or
(B) Are designed to permanently
eliminate lead-based paint hazards and
are described in paragraphs (1) and (2)
of this definition.
(ii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals certified in accordance with
§ 745.226, unless such projects are covered by paragraph (4) of this definition;
(iii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals who, through their company name
or promotional literature, represent,
advertise, or hold themselves out to be
in the business of performing leadbased paint activities as identified and
defined by this section, unless such
projects are covered by paragraph (4) of
this definition; or
(iv) Projects resulting in the permanent elimination of lead-based paint
hazards, that are conducted in response
to State or local abatement orders.
(4) Abatement does not include renovation, remodeling, landscaping or
other activities, when such activities
are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore,
or remodel a given structure or dwelling, even though these activities may
incidentally result in a reduction or
elimination of lead-based paint hazards. Furthermore, abatement does not
include interim controls, operations
and maintenance activities, or other
measures and activities designed to
temporarily, but not permanently, reduce lead-based paint hazards.
Accredited training program means a
training program that has been accredited by EPA pursuant to § 745.225 to
provide training for individuals engaged in lead-based paint activities.
Adequate quality control means a plan
or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint
chip or paint film samples. Adequate
quality control also includes provisions
for representative sampling.
648
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00658
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.223
Business day means Monday through
Friday with the exception of Federal
holidays.
Certified firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to
§ 745.226(f).
Certified inspector means an individual who has been trained by an accredited training program, as defined
by this section, and certified by EPA
pursuant to § 745.226 to conduct inspections. A certified inspector also samples for the presence of lead in dust and
soil for the purposes of abatement
clearance testing.
Certified abatement worker means an
individual who has been trained by an
accredited training program, as defined
by this section, and certified by EPA
pursuant to § 745.226 to perform abatements.
Certified project designer means an individual who has been trained by an accredited training program, as defined
by this section, and certified by EPA
pursuant to § 745.226 to prepare abatement project designs, occupant protection plans, and abatement reports.
Certified risk assessor means an individual who has been trained by an accredited training program, as defined
by this section, and certified by EPA
pursuant to § 745.226 to conduct risk assessments. A risk assessor also samples
for the presence of lead in dust and soil
for the purposes of abatement clearance testing.
Certified supervisor means an individual who has been trained by an accredited training program, as defined
by this section, and certified by EPA
pursuant to § 745.226 to supervise and
conduct abatements, and to prepare occupant protection plans and abatement
reports.
Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly
by the same child, 6 years of age or
under, 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 visit lasts 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.
Clearance levels are values that indicate the maximum amount of lead permitted in dust on a surface following
completion of an abatement activity.
Common area means a portion of a
building that is generally accessible to
all occupants. Such an area may include, but is not limited to, hallways,
stairways, laundry and recreational
rooms, playgrounds, community centers, garages, and boundary fences.
Component or building component
means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility
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, window sills or
stools and troughs, casings, sashes and
wells, and air conditioners.
Containment means a process to protect workers and the environment by
controlling exposures to the lead-contaminated dust and debris created during an abatement.
Course agenda means an outline of
the key topics to be covered during a
training course, including the time allotted to teach each topic.
Course test means an evaluation of
the overall effectiveness of the training
which shall test the trainees’ knowledge and retention of the topics covered during the course.
649
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00659
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.223
40 CFR Ch. I (7–1–10 Edition)
Course test blue print means written
documentation identifying the proportion of course test questions devoted to
each major topic in the course curriculum.
Deteriorated paint means paint that is
cracking, flaking, chipping, peeling, or
otherwise separating from the substrate of a building component.
Discipline means one of the specific
types or categories of lead-based paint
activities identified in this subpart for
which individuals may receive training
from accredited programs and become
certified by EPA. For example,
‘‘abatement worker’’ is a discipline.
Distinct painting history means the application history, as indicated by its
visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.
Documented methodologies are methods or protocols used to sample for the
presence of lead in paint, dust, and soil.
Elevated blood lead level (EBL) means
an excessive absorption of lead that is
a confirmed concentration of lead in
whole blood of 20 μg/dl (micrograms of
lead per deciliter of whole blood) for a
single venous test or of 15–19 μg/dl in
two consecutive tests taken 3 to 4
months apart.
Encapsulant means a substance that
forms a barrier between lead-based
paint and the environment using a liquid-applied coating (with or without
reinforcement materials) or an adhesively bonded covering material.
Encapsulation means the application
of an encapsulant.
Enclosure means the use of rigid, durable construction materials that are
mechanically fastened to the substrate
in order to act as a barrier between
lead-based paint and the environment.
Guest instructor means an individual
designated by the training program
manager or principal instructor to provide instruction specific to the lecture,
hands-on activities, or work practice
components of a course.
Hands-on skills assessment means an
evaluation which tests the trainees’
ability to satisfactorily perform the
work practices and procedures identified in § 745.225(d), as well as any other
skill taught in a training course.
Hazardous waste means any waste as
defined in 40 CFR 261.3.
Inspection means a surface-by-surface
investigation to determine the presence of lead-based paint and the provision of a report explaining the results
of the investigation.
Interim certification means the status
of an individual who has successfully
completed the appropriate training
course in a discipline from an accredited training program, as defined by
this section, but has not yet received
formal certification in that discipline
from EPA pursuant to § 745.226. Interim
certifications expire 6 months after the
completion of the training course, and
is equivalent to a certificate for the 6month period.
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.
Lead-based paint means paint or other
surface coatings that contain lead
equal to or in excess of 1.0 milligrams
per square centimeter or more than 0.5
percent by weight.
Lead-based paint activities means, in
the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in
this subpart.
Lead-based paint activities courses
means initial and refresher training
courses (worker, supervisor, inspector,
risk assessor, project designer) provided by accredited training programs.
Lead-based paint hazard means any
condition that causes exposure to lead
from lead-contaminated dust, lead-contaminated soil, or lead-contaminated
paint that is deteriorated or present in
accessible surfaces, friction surfaces,
or impact surfaces that would result in
adverse human health effects as identified by the Administrator pursuant to
TSCA section 403.
Lead-hazard screen is a limited risk
assessment activity that involves limited paint and dust sampling as described in § 745.227(c).
Living area means any area of a residential dwelling used by one or more
650
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00660
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.223
children age 6 and under, including, but
not limited to, living rooms, kitchen
areas, dens, play rooms, and children’s
bedrooms.
Local government means a county,
city, town, borough, parish, district,
association, or other public body (including an agency comprised of two or
more of the foregoing entities) created
under State law.
Multi-family dwelling means a structure that contains more than one separate residential dwelling unit, which is
used or occupied, or intended to be
used or occupied, in whole or in part,
as the home or residence of one or
more persons.
Nonprofit means an entity which has
demonstrated to any branch of the
Federal Government or to a State, municipal, tribal or territorial government, that no part of its net earnings
inure to the benefit of any private
shareholder or individual.
Paint in poor condition means more
than 10 square feet of deteriorated
paint on exterior components with
large surface areas; or more than 2
square feet of deteriorated paint on interior components with large surface
areas (e.g., walls, ceilings, floors,
doors); or more than 10 percent of the
total surface area of the component is
deteriorated on interior or exterior
components with small surface areas
(window sills, baseboards, soffits,
trim).
Permanently covered soil means soil
which has been separated from human
contact by the placement of a barrier
consisting of solid, relatively impermeable materials, such as pavement or
concrete. Grass, mulch, and other landscaping materials are not considered
permanent covering.
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.
Principal instructor means the individual who has the primary responsibility for organizing and teaching a
particular course.
Recognized laboratory means an environmental laboratory recognized by
EPA pursuant to TSCA section 405(b)
as being capable of performing an analysis for lead compounds in paint, soil,
and dust.
Reduction means measures designed
to reduce or eliminate human exposure
to lead-based paint hazards through
methods including interim controls
and abatement.
Residential dwelling means (1) a detached single family dwelling unit, including attached structures such as
porches and stoops; or (2) a single family dwelling unit in a structure that
contains more than one separate residential dwelling unit, which is used or
occupied, or intended to be used or occupied, in whole or in part, as the home
or residence of one or more persons.
Risk assessment means (1) an on-site
investigation to determine the existence, nature, severity, and location of
lead-based paint hazards, and (2) the
provision of a report by the individual
or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing
lead-based paint hazards.
Start date means the first day of any
lead-based paint activities training
course or lead-based paint abatement
activity.
Start date provided to EPA means the
start date included in the original notification or the most recent start date
provided to EPA in an updated notification.
State means any State of the United
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Canal Zone,
American Samoa, the Northern Mariana Islands, or any other territory or
possession of the United States.
Target housing means any housing
constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is
expected to reside in such housing for
the elderly or persons with disabilities)
or any 0-bedroom dwelling.
Training curriculum means an established set of course topics for instruction in an accredited training program
for a particular discipline designed to
provide specialized knowledge and
skills.
651
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00661
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.225
40 CFR Ch. I (7–1–10 Edition)
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/
or hands-on experience.
Training manager means the individual responsible for administering a
training program and monitoring the
performance of principal instructors
and guest instructors.
Training provider means any organization or entity accredited under § 745.225
to offer lead-based paint activities
courses.
Visual inspection for clearance testing
means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has
been successfully completed.
Visual inspection for risk assessment
means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 31097, June 9, 1999; 66 FR 1239, Jan. 5, 2001;
69 FR 18495, Apr. 8, 2004]
§ 745.225 Accreditation of training programs: target housing and child-occupied facilities.
(a) Scope. (1) A training program may
seek accreditation to offer courses in
any of the following disciplines: Inspector, risk assessor, supervisor, project
designer, abatement worker, renovator,
and dust sampling technician. A training program may also seek accreditation to offer refresher courses for each
of the above listed disciplines.
(2) Training programs may first
apply to EPA for accreditation of their
lead-based paint activities courses or
refresher courses pursuant to this section on or after August 31, 1998. Training programs may first apply to EPA
for accreditation of their renovator or
dust sampling technician courses or refresher courses pursuant to this section
on or after April 22, 2009.
(3) A training program must not provide, offer, or claim to provide EPA-accredited lead-based paint activities
courses without applying for and receiving accreditation from EPA as re-
quired under paragraph (b) of this section on or after March 1, 1999. A training program must not provide, offer, or
claim to provide EPA-accredited renovator or dust sampling technician
courses without applying for and receiving accreditation from EPA as required under paragraph (b) of this section on or after June 23, 2008.
(b) Application process. The following
are procedures a training program
must follow to receive EPA accreditation to offer lead-based paint activities
courses, renovator courses, or dust
sampling technician courses:
(1) A training program seeking accreditation shall submit a written application to EPA containing the following information:
(i) The training program’s name, address, and telephone number.
(ii) A list of courses for which it is
applying for accreditation. For the purposes of this section, courses taught in
different languages are considered different courses, and each must independently meet the accreditation requirements.
(iii) A statement signed by the training program manager certifying that
the training program meets the requirements established in paragraph
(c) of this section. If a training program uses EPA-recommended model
training materials, or training materials approved by a State or Indian
Tribe that has been authorized by EPA
under subpart Q of this part, the training program manager shall include a
statement certifying that, as well.
(iv) If a training program does not
use EPA-recommended model training
materials or training materials approved by an authorized State or Indian Tribe, its application for accreditation shall also include:
(A) A copy of the student and instructor manuals, or other materials to
be used for each course.
(B) A copy of the course agenda for
each course.
(C) When applying for accreditation
of a course in a language other than
English, a signed statement from a
qualified, independent translator that
they had compared the course to the
English language version and found the
translation to be accurate.
652
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00662
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.225
(v) All training programs shall include in their application for accreditation the following:
(A) A description of the facilities and
equipment to be used for lecture and
hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and
procedures that will be used for conducting the assessment of hands-on
skills for each course.
(D) A copy of the quality control plan
as described in paragraph (c)(9) of this
section.
(2) If a training program meets the
requirements in paragraph (c) of this
section, then EPA shall approve the application for accreditation no more
than 180 days after receiving a complete application from the training
program. In the case of approval, a certificate of accreditation shall be sent
to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to
the applicant. Prior to disapproval,
EPA may, at its discretion, work with
the applicant to address inadequacies
in the application for accreditation.
EPA may also request additional materials retained by the training program
under paragraph (i) of this section. If a
training program’s application is disapproved, the program may reapply for
accreditation at any time.
(3) A training program may apply for
accreditation to offer courses or refresher courses in as many disciplines
as it chooses. A training program may
seek
accreditation
for
additional
courses at any time as long as the program can demonstrate that it meets
the requirements of this section.
(4) A training program applying for
accreditation must submit the appropriate fees in accordance with § 745.238.
(c) Requirements for the accreditation
of training programs. For a training program to obtain accreditation from EPA
to offer lead-based paint activities
courses, renovator courses, or dust
sampling technician courses, the program must meet the following requirements:
(1) The training program shall employ a training manager who has:
(i) At least 2 years of experience, education, or training in teaching workers
or adults; or
(ii) A bachelor’s or graduate degree
in building construction technology,
engineering, industrial hygiene, safety,
public health, education, business administration or program management
or a related field; or
(iii) Two years of experience in managing a training program specializing
in environmental hazards; and
(iv) Demonstrated experience, education, or training in the construction
industry including: lead or asbestos
abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.
(2) The training manager shall designate a qualified principal instructor
for each course who has:
(i) Demonstrated experience, education, or training in teaching workers
or adults; and
(ii) Successfully completed at least 16
hours of any EPA-accredited or EPAauthorized State or Tribal-accredited
lead-specific training; and
(iii) Demonstrated experience, education, or training in lead or asbestos
abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.
(3) The principal instructor shall be
responsible for the organization of the
course and oversight of the teaching of
all course material. The training manager may designate guest instructors
as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a
course.
(4) The following documents shall be
recognized by EPA as evidence that
training managers and principal instructors have the education, work experience, training requirements or
demonstrated experience, specifically
listed in paragraphs (c)(1) and (c)(2) of
this section. This documentation need
not be submitted with the accreditation application, but, if not submitted,
shall be retained by the training program as required by the recordkeeping
requirements contained in paragraph
(i) of this section. Those documents include the following:
653
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00663
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.225
40 CFR Ch. I (7–1–10 Edition)
(i) Official academic transcripts or
diploma as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or
documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Certificates from train-the-trainer courses and lead-specific training
courses, as evidence of meeting the
training requirements.
(5) The training program shall ensure
the availability of, and provide adequate facilities for, the delivery of the
lecture, course test, hands-on training,
and assessment activities. This includes providing training equipment
that reflects current work practices
and maintaining or updating the equipment and facilities as needed.
(6) To become accredited in the following disciplines, the training program shall provide training courses
that meet the following training hour
requirements:
(i) The inspector course shall last a
minimum of 24 training hours, with a
minimum of 8 hours devoted to handson training activities. The minimum
curriculum requirements for the inspector course are contained in paragraph (d)(1) of this section.
(ii) The risk assessor course shall last
a minimum of 16 training hours, with a
minimum of 4 hours devoted to handson training activities. The minimum
curriculum requirements for the risk
assessor course are contained in paragraph (d)(2) of this section.
(iii) The supervisor course shall last
a minimum of 32 training hours, with a
minimum of 8 hours devoted to handson activities. The minimum curriculum requirements for the supervisor course are contained in paragraph
(d)(3) of this section.
(iv) The project designer course shall
last a minimum of 8 training hours.
The minimum curriculum requirements for the project designer course
are contained in paragraph (d)(4) of
this section.
(v) The abatement worker course
shall last a minimum of 16 training
hours, with a minimum of 8 hours devoted to hands-on training activities.
The minimum curriculum requirements for the abatement worker course
are contained in paragraph (d)(5) of
this section.
(vi) The renovator course must last a
minimum of 8 training hours, with a
minimum of 2 hours devoted to handson training activities. The minimum
curriculum requirements for the renovator course are contained in paragraph (d)(6) of this section. Hands-on
training activities must cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment
and cleanup methods, and post-renovation cleaning verification.
(vii) The dust sampling technician
course must last a minimum of 8 training hours, with a minimum of 2 hours
devoted to hands-on training activities.
The minimum curriculum requirements for the dust sampling technician
course are contained in paragraph
(d)(7) of this section. Hands-on training
activities must cover dust sampling
methodologies.
(7) For each course offered, the training program shall conduct either a
course test at the completion of the
course, and if applicable, a hands-on
skills assessment, or in the alternative,
a proficiency test for that discipline.
Each individual must successfully complete the hands-on skills assessment
and receive a passing score on the
course test to pass any course, or successfully complete a proficiency test.
(i) The training manager is responsible for maintaining the validity and
integrity of the hands-on skills assessment or profiency test to ensure that it
accurately evaluates the trainees’ performance of the work practices and
procedures associated with the course
topics contained in paragraph (d) of
this section.
(ii) The training manager is responsible for maintaining the validity and
integrity of the course test to ensure
that it accurately evaluates the trainees’ knowledge and retention of the
course topics.
(iii) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application.
(8) The training program shall issue
unique course completion certificates
to each individual who passes the
654
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00664
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.225
training course. The course completion
certificate shall include:
(i) The name, a unique identification
number, and address of the individual.
(ii) The name of the particular course
that the individual completed.
(iii) Dates of course completion/test
passage.
(iv) For initial inspector, risk assessor, project designer, supervisor, or
abatement worker course completion
certificates, the expiration date of interim certification, which is 6 months
from the date of course completion.
(v) The name, address, and telephone
number of the training program.
(vi) The language in which the course
was taught.
(vii) For renovator and dust sampling
technician course completion certificates, a photograph of the individual.
(9) The training manager shall develop and implement a quality control
plan. The plan shall be used to maintain and improve the quality of the
training program over time. This plan
shall contain at least the following elements:
(i) Procedures for periodic revision of
training materials and the course test
to reflect innovations in the field.
(ii) Procedures for the training manager’s annual review of principal instructor competency.
(10) Courses offered by the training
program must teach the work practice
standards contained in § 745.85 or
§ 745.227, as applicable, in such a manner that trainees are provided with the
knowledge needed to perform the renovations or lead-based paint activities
they will be responsible for conducting.
(11) The training manager shall be responsible for ensuring that the training
program complies at all times with all
of the requirements in this section.
(12) The training manager shall allow
EPA to audit the training program to
verify the contents of the application
for accreditation as described in paragraph (b) of this section.
(13) The training manager must provide notification of renovator, dust
sampling technician, or renovator, dust
sampling technician, or lead-based
paint activities offered.
(i) The training manager must provide EPA with notification of all renovator, dust sampling technician, or
lead-based paint activities courses offered. 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.
(ii) The training manager must provide EPA updated notification when
renovator, dust sampling technician, or
lead-based paint activities courses will
begin on a date other than the start
date specified in the original notification, as follows:
(A) For renovator, dust sampling
technician, or lead-based paint activities courses beginning prior to the
start date provided to EPA, an updated
notification must be received by EPA
at least 7 business days before the new
start date.
(B) For renovator, dust sampling
technician, or lead-based paint activities courses beginning after the start
date provided to EPA, an updated notification must be received by EPA at
least 2 business days before the start
date provided to EPA.
(iii) The training manager must update EPA of any change in location of
renovator, dust sampling technician, or
lead-based paint activities courses at
least 7 business days prior to the start
date provided to EPA.
(iv) The training manager must update EPA regarding any course cancellations, or any other change to the
original notification. Updated notifications must be received by EPA at least
2 business days prior to the start date
provided to EPA.
(v) Each notification, including updates, must include the following:
(A) Notification type (original, update, cancellation).
(B) Training program name, EPA accreditation number, address, and telephone number.
(C) Course discipline, type (initial/
refresher), and the language in which
instruction will be given.
(D) Date(s) and time(s) of training.
(E) Training location(s) telephone
number, and address.
(F) Principal instructor’s name.
(G) Training manager’s name and signature.
(vi) Notification must be accomplished using any of the following
655
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00665
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.225
40 CFR Ch. I (7–1–10 Edition)
methods: Written notification, or electronically using the Agency’s Central
Data Exchange (CDX). Written notification of renovator, dust sampling
technician, or lead-based paint activities course schedules can be accomplished by using either the sample form
titled ‘‘Lead-Based Paint Activities
Training Course Schedule’’ or a similar
form containing the information required in paragraph (c)(13)(v) of this
section. All written notifications must
be delivered by U.S. Postal Service,
fax, commercial delivery service, or
hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives the
notification by the required date). Instructions and sample forms can be obtained from the NLIC at 1–800–424–
LEAD(5323), or on the Internet at http://
www.epa.gov/lead.
(vii) Lead-based paint activities
courses must not begin on a date, or at
a location other than that specified in
the original notification unless an updated notification identifying a new
start date or location is submitted, in
which case the course must begin on
the new start date and/or location specified in the updated notification.
(viii) No training program shall provide renovator, dust sampling technician, or lead-based paint activities
courses without first notifying EPA of
such activities in accordance with the
requirements of this paragraph.
(14) The training manager must provide notification following completion
of renovator, dust sampling technician,
or lead-based paint activities courses.
(i) The training manager must provide EPA notification after the completion of any renovator, dust sampling
technician, or lead-based paint activities course. This notice must be received by EPA no later than 10 business days following course completion.
(ii) The notification must include the
following:
(A) Training program name, EPA accreditation number, address, and telephone number.
(B) Course discipline and type (initial/refresher).
(C) Date(s) of training.
(D) The following information for
each student who took the course:
(1) Name.
(2) Address.
(3) Date of birth.
(4) Course completion certificate
number.
(5) Course test score.
(6) For renovator or dust sampling
technician courses only, a digital photograph of the student.
(E) Training manager’s name and signature.
(iii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency’s Central
Data Exchange (CDX). Written notification following training courses can
be accomplished by using either the
sample form, entitled Post-Training Notification or a similar form containing
the information required in paragraph
(c)(14)(ii) of this section. All written
notifications must be delivered by U.S.
Postal Service, fax, commercial delivery service, or hand delivery (persons
submitting notification by U.S. Postal
Service are reminded that they should
allow 3 additional business days for delivery in order to ensure that EPA receives the notification by the required
date). Instructions and sample forms
can be obtained from the NLIC at 1–
800–424–LEAD (5323), or on the Internet
at http://www.epa.gov/lead.
(d) Minimum training curriculum requirements. To become accredited to
offer lead-based paint courses instruction in the specific disciplines listed
below, training programs must ensure
that their courses of study include, at
a minimum, the following course topics. Requirements ending in an asterisk
(*) indicate areas that require hands-on
activities as an integral component of
the course.
(1) Inspector. (i) Role and responsibilities of an inspector.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertains to lead-based
paint and lead-based paint activities.
(iv) Lead-based paint inspection
methods, including selection of rooms
and components for sampling or testing.*
656
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00666
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.225
(v) Paint, dust, and soil sampling
methodologies.*
(vi) Clearance standards and testing,
including random sampling.*
(vii) Preparation of the final inspection report.*
(viii) Recordkeeping.
(2) Risk assessor. (i) Role and responsibilities of a risk assessor.
(ii) Collection of background information to perform a risk assessment.
(iii) Sources of environmental lead
contamination such as paint, surface
dust and soil, water, air, packaging,
and food.
(iv) Visual inspection for the purposes of identifying potential sources
of lead-based paint hazards.*
(v) Lead hazard screen protocol.
(vi) Sampling for other sources of
lead exposure.*
(vii) Interpretation of lead-based
paint and other lead sampling results,
including all applicable State or Federal guidance or regulations pertaining
to lead-based paint hazards.*
(viii) Development of hazard control
options, the role of interim controls,
and operations and maintenance activities to reduce lead-based paint hazards.
(ix) Preparation of a final risk assessment report.
(3) Supervisor. (i) Role and responsibilities of a supervisor.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertain to lead-based
paint abatement.
(iv) Liability and insurance issues relating to lead-based paint abatement.
(v) Risk assessment and inspection
report interpretation.*
(vi) Development and implementation of an occupant protection plan and
abatement report.
(vii) Lead-based paint hazard recognition and control.*
(viii) Lead-based paint abatement
and lead-based paint hazard reduction
methods, including restricted practices.*
(ix) Interior dust abatement/cleanup
or lead-based paint hazard control and
reduction methods.*
(x) Soil and exterior dust abatement
or lead-based paint hazard control and
reduction methods.*
(xi) Clearance standards and testing.
(xii) Cleanup and waste disposal.
(xiii) Recordkeeping.
(4) Project designer. (i) Role and responsibilities of a project designer.
(ii) Development and implementation
of an occupant protection plan for
large scale abatement projects.
(iii) Lead-based paint abatement and
lead-based paint hazard reduction
methods, including restricted practices
for large-scale abatement projects.
(iv) Interior dust abatement/cleanup
or lead hazard control and reduction
methods for large-scale abatement
projects.
(v) Clearance standards and testing
for large scale abatement projects.
(vi) Integration of lead-based paint
abatement methods with modernization and rehabilitation projects for
large scale abatement projects.
(5) Abatement worker. (i) Role and responsibilities of an abatement worker.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State and local regulations and
guidance that pertain to lead-based
paint abatement.
(iv) Lead-based paint hazard recognition and control.*
(v) Lead-based paint abatement and
lead-based paint hazard reduction
methods, including restricted practices.*
(vi) Interior dust abatement methods/
cleanup or lead-based paint hazard reduction.*
(vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction.*
(6) Renovator. (i) Role and responsibility of a renovator.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on
EPA, HUD, OSHA, and other Federal,
State, and local regulations and guidance that pertains to lead-based paint
and renovation activities.
(iv) Procedures for using acceptable
test kits to determine whether paint is
lead-based paint.
(v) Renovation methods to minimize
the creation of dust and lead-based
paint hazards.
(vi) Interior and exterior containment and cleanup methods.
657
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00667
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.225
40 CFR Ch. I (7–1–10 Edition)
(vii) Methods to ensure that the renovation has been properly completed,
including cleaning verification, and
clearance testing.
(viii) Waste handling and disposal.
(ix) Providing on-the-job training to
other workers.
(x) Record preparation.
(7) Dust sampling technician. (i) Role
and responsibility of a dust sampling
technician.
(ii) Background information on lead
and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertains to lead-based
paint and renovation activities.
(iv) Dust sampling methodologies.
(v) Clearance standards and testing.
(vi) Report preparation.
(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. To obtain EPA accreditation to offer refresher training, a training program
must meet the following minimum requirements:
(1) Each refresher course shall review
the curriculum topics of the full-length
courses listed under paragraph (d) of
this section, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses
of study include, at a minimum, the
following:
(i) An overview of current safety
practices relating to lead-based paint
in general, as well as specific information pertaining to the appropriate discipline.
(ii) Current laws and regulations relating to lead-based paint in general, as
well as specific information pertaining
to the appropriate discipline.
(iii) Current technologies relating to
lead-based paint in general, as well as
specific information pertaining to the
appropriate discipline.
(2) Refresher courses for inspector,
risk assessor, supervisor, and abatement worker must last a minimum of 8
training hours. Refresher courses for
project designer, renovator, and dust
sampling technician must last a minimum of 4 training hours.
(3) For each course offered, the training program shall conduct a hands-on
assessment (if applicable), and at the
completion of the course, a course test.
(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) (except for the requirements in paragraph (c)(6)), and
(e)(1), (e)(2) and (e)(3) of this section
shall also apply.
(5) A training program seeking accreditation to offer refresher training
courses only shall submit a written application to EPA containing the following information:
(i) The refresher training program’s
name, address, and telephone number.
(ii) A list of courses for which it is
applying for accreditation.
(iii) A statement signed by the training program manager certifying that
the refresher training program meets
the minimum requirements established
in paragraph (c) of this section, except
for the requirements in paragraph (c)(6)
of this section. If a training program
uses EPA-developed model training
materials, or training materials approved by a State or Indian Tribe that
has been authorized by EPA under
§ 745.324 to develop its refresher training course materials, the training manager shall include a statement certifying that, as well.
(iv) If the refresher training course
materials are not based on EPA-developed model training materials or training materials approved by an authorized State or Indian Tribe, the training
program’s application for accreditation
shall include:
(A) A copy of the student and instructor manuals to be used for each
course.
(B) A copy of the course agenda for
each course.
(v) All refresher training programs
shall include in their application for
accreditation the following:
658
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00668
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.225
(A) A description of the facilities and
equipment to be used for lecture and
hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and
procedures that will be used for conducting the assessment of hands-on
skills for each course (if applicable).
(D) A copy of the quality control plan
as described in paragraph (c)(9) of this
section.
(vi) The requirements in paragraphs
(c)(1) through (c)(5), and (c)(7) through
(c)(14) of this section apply to refresher
training providers.
(vii) If a refresher training program
meets the requirements listed in this
paragraph, then EPA shall approve the
application for accreditation no more
than 180 days after receiving a complete application from the refresher
training program. In the case of approval, a certificate of accreditation
shall be sent to the applicant. In the
case of disapproval, a letter describing
the reasons for disapproval shall be
sent to the applicant. Prior to disapproval, EPA may, at its discretion,
work with the applicant to address inadequacies in the application for accreditation. EPA may also request additional materials retained by the refresher training program under paragraph (i) of this section. If a refresher
training program’s application is disapproved, the program may reapply for
accreditation at any time.
(f) Re-accreditation of training programs. (1) Unless re-accredited, a training program’s accreditation (including
refresher training accreditation) shall
expire 4 years after the date of
issuance. If a training program meets
the requirements of this section, the
training program shall be re-accredited.
(2) A training program seeking re-accreditation shall submit an application
to EPA no later than 180 days before its
accreditation expires. If a training program does not submit its application
for re-accreditation by that date, EPA
cannot guarantee that the program
will be re-accredited before the end of
the accreditation period.
(3) The training program’s application for re-accreditation shall contain:
(i) The training program’s name, address, and telephone number.
(ii) A list of courses for which it is
applying for re-accreditation.
(iii) A description of any changes to
the training facility, equipment or
course materials since its last application was approved that adversely affects the students ability to learn.
(iv) A statement signed by the program manager stating:
(A) That the training program complies at all times with all requirements
in paragraphs (c) and (e) of this section, as applicable; and
(B) The recordkeeping and reporting
requirements of paragraph (i) of this
section shall be followed.
(v) A payment of appropriate fees in
accordance with § 745.238.
(4) Upon request, the training program shall allow EPA to audit the
training program to verify the contents of the application for re-accreditation as described in paragraph (f)(3)
of this section.
(g) Suspension, revocation, and modification of accredited training programs.
(1) EPA may, after notice and an opportunity for hearing, suspend, revoke,
or modify training program accreditation (including refresher training accreditation) if a training program,
training manager, or other person with
supervisory authority over the training
program has:
(i) Misrepresented the contents of a
training course to EPA and/or the student population.
(ii) Failed to submit required information or notifications in a timely
manner.
(iii) Failed to maintain required
records.
(iv) Falsified accreditation records,
instructor qualifications, or other accreditation-related information or documentation.
(v) Failed to comply with the training standards and requirements in this
section.
(vi) Failed to comply with Federal,
State, or local lead-based paint statutes or regulations.
(vii) Made false or misleading statements to EPA in its application for accreditation or re-accreditation which
EPA relied upon in approving the application.
659
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00669
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.225
40 CFR Ch. I (7–1–10 Edition)
(2) 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.
(h) Procedures for suspension, revocation or modification of training program
accreditation. (1) Prior to taking action
to suspend, revoke, or modify the accreditation of a training program, EPA
shall notify the affected entity in writing of the following:
(i) The legal and factual basis for the
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 accreditation in the future.
(iv) The opportunity and method for
requesting a hearing prior to final EPA
action to suspend, revoke or modify accreditation.
(v) Any additional information, as
appropriate, which EPA may provide.
(2) If a hearing is requested by the accredited training program, EPA shall:
(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, and any other explanations,
comments, and arguments it deems relevant to the proposed action.
(ii) Provide the affected entity such
other procedural opportunities as EPA
may deem appropriate to ensure a fair
and impartial hearing.
(iii) Appoint an official of EPA as
Presiding Officer to conduct the hearing. No person shall serve as Presiding
Officer if he or she has had any prior
connection with the specific matter.
(3) The Presiding Officer appointed
pursuant to paragraph (h)(2) of this
section shall:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing.
(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.
(4) If EPA determines that the public
health, interest, or welfare warrants
immediate action to suspend the accreditation of any training program
prior to the opportunity for a hearing,
it shall:
(i) Notify the affected entity of its intent to immediately suspend training
program accreditation for the reasons
listed in paragraph (g)(1) of this section. If a suspension, revocation, or
modification notice has not previously
been issued pursuant to paragraph
(g)(1) of this section, it shall be issued
at the same time the emergency suspension notice is issued.
(ii) Notify the affected entity in writing of the grounds for the immediate
suspension and why it is necessary to
suspend the entity’s accreditation before an opportunity for a suspension,
revocation or modification hearing.
(iii) Notify the affected entity of the
anticipated commencement date and
duration of the immediate suspension.
(iv) 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
transcripts or other verbatim record of
oral testimony, and any documents
filed by an accredited training program
in a hearing under this section shall 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 shall 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) The public shall be notified of the
suspension, revocation, modification or
reinstatement of a training program’s
accreditation
through
appropriate
mechanisms.
660
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00670
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.226
(7) EPA shall maintain a list of parties whose accreditation has been suspended, revoked, modified or reinstated.
(i) Training program recordkeeping requirements. (1) Accredited training programs shall maintain, and make available to EPA, upon request, the following records:
(i) All documents specified in paragraph (c)(4) of this section that demonstrate the qualifications listed in
paragraphs (c)(1) and (c)(2) of this section of the training manager and principal instructors.
(ii) Current curriculum/course materials and documents reflecting any
changes made to these materials.
(iii) The course test blueprint.
(iv) Information regarding how the
hands-on assessment is conducted including, but not limited to:
(A) Who conducts the assessment.
(B) How the skills are graded.
(C) What facilities are used.
(D) The pass/fail rate.
(v) The quality control plan as described in paragraph (c)(9) of this section.
(vi) Results of the students’ hands-on
skills assessments and course tests,
and a record of each student’s course
completion certificate.
(vii) Any other material not listed
above in paragraphs (i)(1)(i) through
(i)(1)(vi) of this section that was submitted to EPA as part of the program’s
application for accreditation.
(2) The training program shall retain
these records at the address specified
on the training program accreditation
application (or as modified in accordance with paragraph (i)(3) of this section for a minimum of 3 years and 6
months.
(3) The training program shall notify
EPA in writing within 30 days of
changing the address specified on its
training program accreditation application or transferring the records from
that address.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 31098, June 9, 1999; 69 FR 18495, Apr. 8,
2004; 73 FR 21766, Apr. 22, 2008; 74 FR 34262,
July 15, 2009]
EFFECTIVE DATE NOTE: At 75 FR 24819, May
6, 2010, § 745.225 was amended by revising
paragraph (c)(2)(ii), effective July 6, 2010. For
the convenience of the user, the revised text
is set forth as follows:
§ 745.225 Accreditation of training programs: target housing and child-occupied
facilities.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) Successfully completed at least 16
hours of any EPA-accredited or EPA-authorized State or Tribal-accredited lead-specific
training for instructors of lead-based paint
activities courses or 8 hours of any EPA-accredited or EPA-authorized State or Tribalaccredited lead-specific training for instructors of renovator or dust sampling technician courses; and
*
*
*
*
*
§ 745.226 Certification of individuals
and firms engaged in lead-based
paint activities: target housing and
child-occupied facilities.
(a) Certification of individuals. (1) Individuals seeking certification by EPA to
engage in lead-based paint activities
must either:
(i) Submit to EPA an application
demonstrating that they meet the requirements established in paragraphs
(b) or (c) of this section for the particular discipline for which certification is sought; or
(ii) Submit to EPA an application
with a copy of a valid lead-based paint
activities certification (or equivalent)
from a State or Tribal program that
has been authorized by EPA pursuant
to subpart Q of this part.
(2) Individuals may first apply to
EPA for certification to engage in leadbased paint activities pursuant to this
section on or after March 1, 1999.
(3) Following the submission of an
application demonstrating that all the
requirements of this section have been
meet, EPA shall certify an applicant as
an inspector, risk assessor, supervisor,
project designer, or abatement worker,
as appropriate.
(4) Upon receiving EPA certification,
individuals
conducting
lead-based
paint activities shall comply with the
work practice standards for performing
the appropriate lead-based paint activities as established in § 745.227.
(5) It shall be a violation of TSCA for
an individual to conduct any of the
661
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00671
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.226
40 CFR Ch. I (7–1–10 Edition)
lead-based paint activities described in
§ 745.227 after March 1, 2000, if that individual has not been certified by EPA
pursuant to this section to do so.
(6) Individuals applying for certification must submit the appropriate
fees in accordance with § 745.238.
(b) Inspector, risk assessor or supervisor. (1) To become certified by EPA as
an inspector, risk assessor, or supervisor, pursuant to paragraph (a)(1)(i) of
this section, an individual must:
(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion
certificate from an accredited training
program.
(ii) Pass the certification exam in the
appropriate discipline offered by EPA;
and,
(iii) Meet or exceed the following experience and/or education requirements:
(A) Inspectors. (1) No additional experience and/or education requirements.
(2) [Reserved]
(B) Risk assessors. (1) Successful
completion of an accredited training
course for inspectors; and
(2) Bachelor’s degree and 1 year of experience in a related field (e.g., lead,
asbestos, environmental remediation
work, or construction), or an Associates degree and 2 years experience in a
related field (e.g., lead, asbestos, environmental remediation work, or construction); or
(3) Certification as an industrial hygienist, professional engineer, registered architect and/or certification in
a related engineering/health/environmental field (e.g., safety professional,
environmental scientist); or
(4) A high school diploma (or equivalent), and at least 3 years of experience
in a related field (e.g., lead, asbestos,
environmental remediation work or
construction).
(C) Supervisor: (1) One year of experience as a certified lead-based paint
abatement worker; or
(2) At least 2 years of experience in a
related field (e.g., lead, asbestos, or environmental remediation work) or in
the building trades.
(2) The following documents shall be
recognized by EPA as evidence of meeting the requirements listed in (b)(2)(iii)
of this paragraph:
(i) Official academic transcripts or
diploma, as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or
documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Course completion certificates
from lead-specific or other related
training courses, issued by accredited
training programs, as evidence of
meeting the training requirements.
(3) In order to take the certification
examination for a particular discipline
an individual must:
(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion
certificate from an accredited training
program.
(ii) Meet or exceed the education and/
or experience requirements in paragraph (b)(1)(iii) of this section.
(4) The course completion certificate
shall serve as interim certification for
an individual until the next available
opportunity to take the certification
exam. Such interim certification shall
expire 6 months after issuance.
(5) After passing the appropriate certification exam and submitting an application demonstrating that he/she
meets the appropriate training, education, and/or experience prerequisites
described in paragraph (b)(1) of this
section, an individual shall be issued a
certificate by EPA. To maintain certification, an individual must be recertified as described in paragraph (e)
of this section.
(6) An individual may take the certification exam no more than three
times within 6 months of receiving a
course completion certificate.
(7) If an individual does not pass the
certification exam and receive a certificate within 6 months of receiving
his/her course completion certificate,
the individual must retake the appropriate course from an accredited training program before reapplying for certification from EPA.
(c) Abatement worker and project designer. (1) To become certified by EPA
as an abatement worker or project designer, pursuant to paragraph (a)(1)(i)
of this section, an individual must:
662
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00672
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.226
(i) Successfully complete an accredited course in the appropriate discipline and receive a course completion
certificate from an accredited training
program.
(ii) Meet or exceed the following additional experience and/or education
requirements:
(A) Abatement workers. (1) No additional experience and/or education requirements.
(2) [Reserved]
(B) Project designers. (1) Successful
completion of an accredited training
course for supervisors.
(2) Bachelor’s degree in engineering,
architecture, or a related profession,
and 1 year of experience in building
construction and design or a related
field; or
(3) Four years of experience in building construction and design or a related field.
(2) The following documents shall be
recognized by EPA as evidence of meeting the requirements listed in this
paragraph:
(i) Official academic transcripts or
diploma, as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or
documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Course completion certificates
from lead-specific or other related
training courses, issued by accredited
training programs, as evidence of
meeting the training requirements.
(3) The course completion certificate
shall serve as an interim certification
until certification from EPA is received, but shall be valid for no more
than 6 months from the date of completion.
(4) After successfully completing the
appropriate training courses and meeting any other qualifications described
in paragraph (c)(1) of this section, an
individual shall be issued a certificate
from EPA. To maintain certification,
an individual must be re-certified as
described in paragraph (e) of this section.
(d) Certification based on prior training.
(1) Any individual who received training in a lead-based paint activity between October 1, 1990, and March 1, 1999
shall be eligible for certification by
EPA under the alternative procedures
contained in this paragraph. Individuals who have received lead-based
paint activities training at an EPA-authorized State or Tribal accredited
training program shall also be eligible
for certification by EPA under the following alternative procedures:
(i) Applicants for certification as an
inspector, risk assessor, or supervisor
shall:
(A) Demonstrate that the applicant
has successfully completed training or
on-the-job training in the conduct of a
lead-based paint activity.
(B) Demonstrate that the applicant
meets or exceeds the education and/or
experience requirements in paragraph
(b)(1)(iii) of this section.
(C) Successfully complete an accredited refresher training course for the
appropriate discipline.
(D) Pass a certification exam administered by EPA for the appropriate discipline.
(ii) Applicants for certification as an
abatement worker or project designer
shall:
(A) Demonstrate that the applicant
has successfully completed training or
on-the-job training in the conduct of a
lead-based paint activity.
(B) Demonstrate that the applicant
meets the education and/or experience
requirements in paragraphs (c)(1) of
this section; and
(C) Successfully complete an accredited refresher training course for the
appropriate discipline.
(2) Individuals shall have until March
1, 2000, to apply to EPA for certification under the above procedures.
After that date, all individuals wishing
to obtain certification must do so
through the procedures described in
paragraph (a), and paragraph (b) or (c)
of this section, according to the discipline for which certification is being
sought.
(e) Re-certification. (1) To maintain
certification in a particular discipline,
a certified individual shall apply to and
be re-certified by EPA in that discipline by EPA either:
(i) Every 3 years if the individual
completed a training course with a
course test and hands-on assessment;
or
663
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00673
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.226
40 CFR Ch. I (7–1–10 Edition)
(ii) Every 5 years if the individual
completed a training course with a proficiency test.
(2) An individual shall be re-certified
if the individual successfully completes
the appropriate accredited refresher
training course and submits a valid
copy of the appropriate refresher
course completion certificate.
(3) Individuals applying for re-certification must submit the appropriate
fees in accordance with § 745.238.
(f) Certification of firms. (1) All firms
which perform or offer to perform any
of the lead-based paint activities described in § 745.227 after March 1, 2000,
shall be certified by EPA.
(2) A firm seeking certification shall
submit to EPA a letter attesting that
the firm shall only employ appropriately certified employees to conduct
lead-based paint activities, and that
the firm and its employees shall follow
the work practice standards in § 745.227
for conducting lead-based paint activities.
(3) From the date of receiving the
firm’s letter requesting certification,
EPA shall have 90 days to approve or
disapprove the firm’s request for certification. Within that time, EPA shall
respond with either a certificate of approval or a letter describing the reasons for a disapproval.
(4) The firm shall maintain all
records pursuant to the requirements
in § 745.227.
(5) Firms may first apply to EPA for
certification to engage in lead-based
paint activities pursuant to this section on or after March 1, 1999.
(6) Firms applying for certification
must submit the appropriate fees in accordance with § 745.238.
(7) To maintain certification a firm
shall submit appropriate fees in accordance with § 745.238 every 3 years.
(g) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities. (1)
EPA may, after notice and opportunity
for hearing, suspend, revoke, or modify
an individual’s certification if an individual has:
(i) Obtained training documentation
through fraudulent means.
(ii) Gained admission to and completed an accredited training program
through misrepresentation of admission requirements.
(iii) Obtained certification through
misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience.
(iv) Performed work requiring certification at a job site without having
proof of certification.
(v) Permitted the duplication or use
of the individual’s own certificate by
another.
(vi) Performed work for which certification is required, but for which appropriate certification has not been received.
(vii) Failed to comply with the appropriate work practice standards for
lead-based paint activities at § 745.227.
(viii) Failed to comply with Federal,
State, or local lead-based paint statutes or regulations.
(2) In addition to an administrative
or judicial finding of violation, for purposes of this section only, execution of
a consent agreement in settlement of
an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.
(h) Suspension, revocation, and modification of certifications of firms engaged
in lead-based paint activities. (1) EPA
may, after notice and opportunity for
hearing, suspend, revoke, or modify a
firm’s certification if a firm has:
(i) Performed work requiring certification at a job site with individuals
who are not certified.
(ii) Failed to comply with the work
practice
standards
established
in
§ 745.227.
(iii) Misrepresented facts in its letter
of application for certification to EPA.
(iv) Failed to maintain required
records.
(v) Failed to comply with Federal,
State, or local lead-based paint statutes or regulations.
(2) In addition to an administrative
or judicial finding of violation, for purposes of this section only, execution of
a consent agreement in settlement of
an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.
(i) Procedures for suspension, revocation, or modification of the certification of
individuals or firms.
664
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00674
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.227
(1) If EPA decides to suspend, revoke,
or modify the certification of any individual or firm, it shall notify the affected entity in writing of the following:
(i) The legal and factual basis for the
suspension, revocation, or modification.
(ii) The 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 EPA
action to suspend, revoke, or modify
certification.
(v) Any additional information, as
appropriate, which EPA may provide.
(2) If a hearing is requested by the
certified individual or firm, EPA shall:
(i) Provide the affected entity an opportunity to offer written statements
in response to EPA’s assertion of the
legal and factual basis and any other
explanations, comments, and arguments it deems relevant to the proposed action.
(ii) Provide the affected entity such
other procedural opportunities as EPA
may deem appropriate to ensure a fair
and impartial hearing.
(iii) Appoint an official of EPA as
Presiding Officer to conduct the hearing. No person shall serve as Presiding
Officer if he or she has had any prior
connection with the specific matter.
(3) The Presiding Officer shall:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing;
(ii) Consider all relevant evidence,
explanation, comment, and argument
submitted; and
(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 EPA action subject to judicial review.
(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 shall:
(i) Notify the affected entity of its intent to immediately suspend certifi-
cation for the reasons listed in paragraph (h)(1) of this section. If a suspension, revocation, or modification notice has not previously been issued, it
shall be issued at the same time the
immediate suspension notice is issued.
(ii) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why it
is necessary to suspend the entity’s accreditation before an opportunity for a
hearing to suspend, revoke, or modify
the individual’s or firm’s certification.
(iii) Notify the affected entity of the
commencement date and duration of
the immediate suspension.
(iv) 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, transcript or other verbatim record of oral
testimony, and any documents filed by
a certified individual or firm in a hearing under this section shall 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 shall
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.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 31098, June 9, 1999; 64 FR 42851, Aug. 6,
1999]
§ 745.227 Work practice standards for
conducting lead-based paint activities: target housing and child-occupied facilities.
(a) Effective date, applicability, and
terms. (1) Beginning on March 1, 2000,
all lead-based paint activities shall be
performed pursuant to the work practice standards contained in this section.
(2) When performing any lead-based
paint activity described by the certified individual as an inspection, leadhazard screen, risk assessment or
abatement, a certified individual must
perform that activity in compliance
665
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00675
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.227
40 CFR Ch. I (7–1–10 Edition)
with the appropriate requirements
below.
(3) Documented methodologies that
are appropriate for this section are
found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based
Paint Hazards in Housing; the EPA
Guidance on Residential Lead-Based
Paint, Lead-Contaminated Dust, and
Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols
for Dust and Soil Sampling (EPA report number 7474–R–95–001); Regulations, guidance, methods or protocols
issued by States and Indian Tribes that
have been authorized by EPA; and
other
equivalent
methods
and
quidelines.
(4) Clearance levels are appropriate
for the purposes of this section may be
found in the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminiated
Soil or other equivalent guidelines.
(b) Inspection. (1) An inspection shall
be conducted only by a person certified
by EPA as an inspector or risk assessor
and, if conducted, must be conducted
according to the procedures in this
paragraph.
(2) When conducting an inspection,
the following locations shall be selected according to documented methodologies and tested for the presence of
lead-based paint:
(i) In a residential dwelling and
child-occupied facility, each component with a distinct painting history
and each exterior component with a
distinct painting history shall be tested for lead-based paint, except those
components that the inspector or risk
assessor determines to have been replaced after 1978, or to not contain
lead-based paint; and
(ii) In a multi-family dwelling or
child-occupied facility, each component with a distinct painting history in
every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain
lead-based paint.
(3) Paint shall be sampled in the following manner: (i) The analysis of
paint to determine the presence of lead
shall be conducted using documented
methodologies which incorporate adequate quality control procedures; and/
or
(ii) All collected paint chip samples
shall be analyzed according to paragraph (f) of this section to determine if
they contain detectable levels of lead
that can be quantified numerically.
(4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following
information:
(i) Date of each inspection.
(ii) Address of building.
(iii) Date of construction.
(iv) Apartment numbers (if applicable).
(v) Name, address, and telephone
number of the owner or owners of each
residential dwelling or child-occupied
facility.
(vi) Name, signature, and certification number of each certified inspector and/or risk assessor conducting
testing.
(vii) Name, address, and telephone
number of the certified firm employing
each inspector and/or risk assessor, if
applicable.
(viii) Each testing method and device
and/or sampling procedure employed
for paint analysis, including quality
control data and, if used, the serial
number of any x-ray fluorescence
(XRF) device.
(ix) Specific locations of each painted
component tested for the presence of
lead-based paint.
(x) The results of the inspection expressed in terms appropriate to the
sampling method used.
(c) Lead hazard screen. (1) A lead hazard screen shall be conducted only by a
person certified by EPA as a risk assessor.
(2) If conducted, a lead hazard screen
shall be conducted as follows:
(i) Background information regarding the physical characteristics of the
residential dwelling or child-occupied
facility and occupant use patterns that
may cause lead-based paint exposure to
one or more children age 6 years and
under shall be collected.
(ii) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to:
(A) Determine if any deteriorated
paint is present, and
666
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00676
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.227
(B) Locate at least two dust sampling
locations.
(iii) If deteriorated paint is present,
each surface with deteriorated paint,
which is determined, using documented
methodologies, to be in poor condition
and to have a distinct painting history,
shall be tested for the presence of lead.
(iv) In residential dwellings, two
composite dust samples shall be collected, one from the floors and the
other from the windows, in rooms, hallways or stairwells where one or more
children, age 6 and under, are most
likely to come in contact with dust.
(v) In multi-family dwellings and
child-occupied facilities, in addition to
the floor and window samples required
in paragraph (c)(1)(iii) of this section,
the risk assessor shall also collect
composite dust samples from common
areas where one or more children, age
6 and under, are most likely to come
into contact with dust.
(3) Dust samples shall be collected
and analyzed in the following manner:
(i) All dust samples shall be taken
using documented methodologies that
incorporate adequate quality control
procedures.
(ii) All collected dust samples shall
be analyzed according to paragraph (f)
of this section to determine if they
contain detectable levels of lead that
can be quantified numerically.
(4) Paint shall be sampled in the following manner: (i) The analysis of
paint to determine the presence of lead
shall be conducted using documented
methodologies which incorporate adequate quality control procedures; and/
or
(ii) All collected paint chip samples
shall be analyzed according to paragraph (f) of this section to determine if
they contain detectable levels of lead
that can be quantified numerically.
(5) The risk assessor shall prepare a
lead hazard screen report, which shall
include the following information:
(i) The information required in a risk
assessment report as specified in paragraph (d) of this section, including
paragraphs
(d)(11)(i)
through
(d)(11)(xiv), and excluding paragraphs
(d)(11)(xv) through (d)(11)(xviii) of this
section. Additionally, any background
information collected pursuant to
paragraph (c)(2)(i) of this section shall
be included in the risk assessment report; and
(ii) Recommendations, if warranted,
for a follow-up risk assessment, and as
appropriate, any further actions.
(d) Risk assessment. (1) A risk assessment shall be conducted only by a person certified by EPA as a risk assessor
and, if conducted, must be conducted
according to the procedures in this
paragraph.
(2) A visual inspection for risk assessment of the residential dwelling or
child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and
causes of the deterioration, and other
potential lead-based paint hazards.
(3) Background information regarding the physical characteristics of the
residential dwelling or child-occupied
facility and occupant use patterns that
may cause lead-based paint exposure to
one or more children age 6 years and
under shall be collected.
(4) The following surfaces which are
determined, using documented methodologies, to have a distinct painting
history, shall be tested for the presence
of lead:
(i) Each friction surface or impact
surface with visibly deteriorated paint;
and
(ii) All other surfaces with visibly deteriorated paint.
(5) In residential dwellings, dust samples (either composite or single-surface
samples) from the interior window
sill(s) and floor shall be collected and
analyzed for lead concentration in all
living areas where one or more children, age 6 and under, are most likely
to come into contact with dust.
(6) For multi-family dwellings and
child-occupied facilities, the samples
required in paragraph (d)(4) of this section shall be taken. In addition, interior window sill and floor dust samples
(either composite or single-surface
samples) shall be collected and analyzed for lead concentration in the following locations:
(i) Common areas adjacent to the
sampled residential dwelling or childoccupied facility; and
(ii) Other common areas in the building where the risk assessor determines
that one or more children, age 6 and
667
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00677
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.227
40 CFR Ch. I (7–1–10 Edition)
under, are likely to come into contact
with dust.
(7) For child-occupied facilities, interior window sill and floor dust samples
(either composite or single-surface
samples) shall be collected and analyzed for lead concentration in each
room, hallway or stairwell utilized by
one or more children, age 6 and under,
and in other common areas in the
child-occupied facility where one or
more children, age 6 and under, are
likely to come into contact with dust.
(8) Soil samples shall be collected
and analyzed for lead concentrations in
the following locations:
(i) Exterior play areas where bare
soil is present; and
(ii) The rest of the yard (i.e., nonplay areas) where bare soil is present.
(iii) Dripline/foundation areas where
bare soil is present.
(9) Any paint, dust, or soil sampling
or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures.
(10) Any collected paint chip, dust, or
soil samples shall be analyzed according to paragraph (f) of this section to
determine if they contain detectable
levels of lead that can be quantified
numerically.
(11) The certified risk assessor shall
prepare a risk assessment report which
shall include the following information:
(i) Date of assessment.
(ii) Address of each building.
(iii) Date of construction of buildings.
(iv) Apartment number (if applicable).
(v) Name, address, and telephone
number of each owner of each building.
(vi) Name, signature, and certification of the certified risk assessor
conducting the assessment.
(vii) Name, address, and telephone
number of the certified firm employing
each certified risk assessor if applicable.
(viii) Name, address, and telephone
number of each recognized laboratory
conducting analysis of collected samples.
(ix) Results of the visual inspection.
(x) Testing method and sampling procedure for paint analysis employed.
(xi) Specific locations of each painted
component tested for the presence of
lead.
(xii) All data collected from on-site
testing, including quality control data
and, if used, the serial number of any
XRF device.
(xiii) All results of laboratory analysis on collected paint, soil, and dust
samples.
(xiv) Any other sampling results.
(xv) Any background information
collected pursuant to paragraph (d)(3)
of this section.
(xvi) To the extent that they are used
as part of the lead-based paint hazard
determination, the results of any previous inspections or analyses for the
presence of lead-based paint, or other
assessments of lead-based paint-related
hazards.
(xvii) A description of the location,
type, and severity of identified leadbased paint hazards and any other potential lead hazards.
(xviii) A description of interim controls and/or abatement options for each
identified lead-based paint hazard and
a suggested prioritization for addressing each hazard. If the use of an
encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or
enclosure.
(e) Abatement. (1) An abatement shall
be conducted only by an individual certified by EPA, and if conducted, shall
be conducted according to the procedures in this paragraph.
(2) A certified supervisor is required
for each abatement project and shall be
onsite during all work site preparation
and during the post-abatement cleanup
of work areas. At all other times when
abatement activities are being conducted, the certified supervisor shall be
onsite or available by telephone, pager
or answering service, and able to be
present at the work site in no more
than 2 hours.
(3) The certified supervisor and the
certified firm employing that supervisor shall ensure that all abatement
activities are conducted according to
the requirements of this section and all
other Federal, State and local requirements.
668
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00678
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.227
(4) A certified firm must notify EPA
of lead-based paint abatement activities as follows:
(i) Except as provided in paragraph
(e)(4)(ii) of this section, EPA must be
notified prior to conducting lead-based
paint abatement activities. The original notification must be received by
EPA at least 5 business days before the
start date of any lead-based paint
abatement activities.
(ii) Notification for lead-based paint
abatement activities required in response to an elevated blood lead level
(EBL) determination, or Federal,
State, Tribal, or local emergency
abatement order should be received by
EPA as early as possible before, but
must be received no later than the
start date of the lead-based paint
abatement activities. Should the start
date and/or location provided to EPA
change, an updated notification must
be received by EPA on or before the
start date provided to EPA. Documentation showing evidence of an EBL
determination or a copy of the Federal/
State/Tribal/local emergency abatement order must be included in the
written notification to take advantage
of this abbreviated notification period.
(iii) Except as provided in paragraph
(e)(4)(ii) of this section, updated notification must be provided to EPA for
lead-based paint abatement activities
that will begin on a date other than
the start date specified in the original
notification, as follows:
(A) For lead-based paint abatement
activities beginning prior to the start
date provided to EPA an updated notification must be received by EPA at
least 5 business days before the new
start date included in the notification.
(B) For lead-based paint abatement
activities beginning after the start
date provided to EPA an updated notification must be received by EPA on or
before the start date provided to EPA.
(iv) Except as provided in paragraph
(e)(4)(ii) of this section, updated notification must be provided to EPA for
any change in location of lead-based
paint abatement activities at least 5
business days prior to the start date
provided to EPA.
(v) Updated notification must be provided to EPA when lead-based paint
abatement activities are canceled, or
when there are other significant
changes including, but not limited to,
when the square footage or acreage to
be abated changes by more than 20%.
This updated notification must be received by EPA on or before the start
date provided to EPA, or if work has
already begun, within 24 hours of the
change.
(vi) The following must be included
in each notification:
(A) Notification type (original, updated, cancellation).
(B) Date when lead-based paint
abatement activities will start.
(C) Date when lead-based paint abatement activities will end (approximation using best professional judgement).
(D) Firm’s name, EPA certification
number, address, telephone number.
(E) Type of building (e.g., single family dwelling, multi-family dwelling,
child-occupied facilities) on/in which
abatement work will be performed.
(F) Property name (if applicable).
(G) Property address including apartment or unit number(s) (if applicable)
for abatement work.
(H) Documentation showing evidence
of an EBL determination or a copy of
the Federal/State/Tribal/local emergency abatement order, if using the abbreviated time period as described in
paragraph (e)(4)(ii) of this section.
(I) Name and EPA certification number of the project supervisor.
(J) Approximate square footage/acreage to be abated.
(K) Brief description of abatement
activities to be performed.
(L) Name, title, and signature of the
representative of the certified firm who
prepared the notification.
(vii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency’s Central
Data Exchange (CDX). Written notification can be accomplished using either the sample form titled ‘‘Notification of Lead-Based Paint Abatement
Activities’’ or similar form containing
the information required in paragraph
(e)(4)(vi) of this section. All written notifications must be delivered by U.S.
Postal Service, fax, commercial delivery service, or hand delivery (persons
submitting notification by U.S. Postal
669
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00679
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.227
40 CFR Ch. I (7–1–10 Edition)
Service are reminded that they should
allow 3 additional business days for delivery in order to ensure that EPA receives the notification by the required
date). Instructions and sample forms
can be obtained from the NLIC at 1–
800–424–LEAD(5323), or on the Internet
at http://www.epa.gov/lead.
(viii) Lead-based paint abatement activities shall not begin on a date, or at
a location other than that specified in
either an original or updated notification, in the event of changes to the
original notification.
(ix) No firm or individual shall engage in lead-based paint abatement activities, as defined in § 745.223, prior to
notifying EPA of such activities according to the requirements of this
paragraph.
(5) A written occupant protection
plan shall be developed for all abatement projects and shall be prepared according to the following procedures:
(i) The occupant protection plan
shall be unique to each residential
dwelling or child-occupied facility and
be developed prior to the abatement.
The occupant protection plan shall describe the measures and management
procedures that will be taken during
the abatement to protect the building
occupants from exposure to any leadbased paint hazards.
(ii) A certified supervisor or project
designer shall prepare the occupant
protection plan.
(6) The work practices listed below
shall be restricted during an abatement
as follows:
(i) Open-flame burning or torching of
lead-based paint is prohibited;
(ii) Machine sanding or grinding or
abrasive blasting or sandblasting of
lead-based paint is prohibited unless
used with High Efficiency Particulate
Air (HEPA) exhaust control which removes particles of 0.3 microns or larger
from the air at 99.97 percent or greater
efficiency;
(iii) Dry scraping of lead-based paint
is permitted only in conjunction with
heat guns or around electrical outlets
or when treating defective paint spots
totaling no more than 2 square feet in
any one room, hallway or stairwell or
totaling no more than 20 square feet on
exterior surfaces; and
(iv) Operating a heat gun on leadbased paint is permitted only at temperatures below 1100 degrees Fahrenheit.
(7) If conducted, soil abatement shall
be conducted in one of the following
ways:
(i) If the soil is removed:
(A) The soil shall be replaced by soil
with a lead concentration as close to
local background as practicable, but no
greater than 400 ppm.
(B) The soil that is removed shall not
be used as top soil at another residential property or child-occupied facility.
(ii) If soil is not removed, the soil
shall be permanently covered, as defined in § 745.223.
(8) The following post-abatement
clearance procedures shall be performed only by a certified inspector or
risk assessor:
(i) Following an abatement, a visual
inspection shall be performed to determine if deteriorated painted surfaces
and/or visible amounts of dust, debris
or residue are still present. If deteriorated painted surfaces or visible
amounts of dust, debris or residue are
present, these conditions must be
eliminated prior to the continuation of
the clearance procedures.
(ii) Following the visual inspection
and any post-abatement cleanup required by paragraph (e)(8)(i) of this section, clearance sampling for lead in
dust shall be conducted. Clearance
sampling may be conducted by employing single-surface sampling or composite sampling techniques.
(iii) Dust samples for clearance purposes shall be taken using documented
methodologies that incorporate adequate quality control procedures.
(iv) Dust samples for clearance purposes shall be taken a minimum of 1
hour after completion of final postabatement cleanup activities.
(v) The following post-abatement
clearance activities shall be conducted
as appropriate based upon the extent or
manner of abatement activities conducted in or to the residential dwelling
or child-occupied facility:
(A) After conducting an abatement
with containment between abated and
unabated areas, one dust sample shall
be taken from one interior window sill
and from one window trough (if
670
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00680
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.227
present) and one dust sample shall be
taken from the floors of each of no less
than four rooms, hallways or stairwells
within the containment area. In addition, one dust sample shall be taken
from the floor outside the containment
area. If there are less than four rooms,
hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.
(B) After conducting an abatement
with no containment, two dust samples
shall be taken from each of no less
than four rooms, hallways or stairwells
in the residential dwelling or child-occupied facility. One dust sample shall
be taken from one interior window sill
and window trough (if present) and one
dust sample shall be taken from the
floor of each room, hallway or stairwell
selected. If there are less than four
rooms, hallways or stairwells within
the residential dwelling or child-occupied facility then all rooms, hallways
or stairwells shall be sampled.
(C) Following an exterior paint
abatement, a visible inspection shall be
conducted. All horizontal surfaces in
the outdoor living area closest to the
abated surface shall be found to be
cleaned of visible dust and debris. In
addition, a visual inspection shall be
conducted to determine the presence of
paint chips on the dripline or next to
the foundation below any exterior surface abated. If paint chips are present,
they must be removed from the site
and properly disposed of, according to
all applicable Federal, State and local
requirements.
(vi) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.
(vii) The certified inspector or risk
assessor shall compare the residual
lead level (as determined by the laboratory analysis) from each single surface
dust sample with clearance levels in
paragraph (e)(8)(viii) of this section for
lead in dust on floors, interior window
sills, and window troughs or from each
composite dust sample with the applicable clearance levels for lead in dust
on floors, interior window sills, and
window troughs divided by half the
number of subsamples in the composite
sample. If the residual lead level in a
single surface dust sample equals or ex-
ceeds the applicable clearance level or
if the residual lead level in a composite
dust sample equals or exceeds the applicable clearance level divided by half
the number of subsamples in the composite sample, the components represented by the failed sample shall be
recleaned and retested.
(viii) The clearance levels for lead in
dust are 40 μg/ft2 for floors, 250 μg/ft2 for
interior window sills, and 400 μg/ft2 for
window troughs.
(9) In a multi-family dwelling with
similarly constructed and maintained
residential dwellings, random sampling
for the purposes of clearance may be
conducted provided:
(i) The certified individuals who
abate or clean the residential dwellings
do not know which residential dwelling
will be selected for the random sample.
(ii) A sufficient number of residential
dwellings are selected for dust sampling to provide a 95 percent level of
confidence that no more than 5 percent
or 50 of the residential dwellings
(whichever is smaller) in the randomly
sampled population exceed the appropriate clearance levels.
(iii) The randomly selected residential dwellings shall be sampled and
evaluated for clearance according to
the procedures found in paragraph
(e)(8) of this section.
(10) An abatement report shall be
prepared by a certified supervisor or
project designer. The abatement report
shall include the following information:
(i) Start and completion dates of
abatement.
(ii) The name and address of each certified firm conducting the abatement
and the name of each supervisor assigned to the abatement project.
(iii) The occupant protection plan
prepared pursuant to paragraph (e)(5)
of this section.
(iv) The name, address, and signature
of each certified risk assessor or inspector conducting clearance sampling
and the date of clearance testing.
(v) The results of clearance testing
and all soil analyses (if applicable) and
the name of each recognized laboratory
that conducted the analyses.
(vi) A detailed written description of
the abatement, including abatement
methods used, locations of rooms and/
671
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00681
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.227
40 CFR Ch. I (7–1–10 Edition)
or components where abatement occurred, reason for selecting particular
abatement methods for each component, and any suggested monitoring of
encapsulants or enclosures.
(f) Collection and laboratory analysis of
samples. Any paint chip, dust, or soil
samples collected pursuant to the work
practice standards contained in this
section shall be:
(1) Collected by persons certified by
EPA as an inspector or risk assessor;
and
(2) Analyzed by a laboratory recognized by EPA pursuant to section 405(b)
of TSCA as being capable of performing
analyses for lead compounds in paint
chip, dust, and soil samples.
(g) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in
paragraphs (c) through (e) of this section. If such sampling is conducted, the
following conditions shall apply:
(1) Composite dust samples shall consist of at least two subsamples;
(2) Every component that is being
tested shall be included in the sampling; and
(3) Composite dust samples shall not
consist of subsamples from more than
one type of component.
(h) Determinations. (1) Lead-based
paint is present:
(i) On any surface that is tested and
found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5%
by weight; and
(ii) On any surface like a surface
tested in the same room equivalent
that has a similar painting history and
that is found to be lead-based paint.
(2) A paint-lead hazard is present:
(i) On any friction surface that is
subject to abrasion and where the lead
dust levels on the nearest horizontal
surface underneath the friction surface
(e.g., the window sill or floor) are equal
to or greater than the dust hazard levels identified in § 745.227(b);
(ii) On any chewable lead-based paint
surface on which there is evidence of
teeth marks;
(iii) Where there is any damaged or
otherwise deteriorated lead-based paint
on an impact surface that is cause by
impact from a related building component (such as a door knob that knocks
into a wall or a door that knocks
against its door frame; and
(iv) If there is any other deteriorated
lead-based paint in any residential
building or child-occupied facility or
on the exterior of any residential building or child-occupied facility.
(3) A dust-lead hazard is present in a
residential dwelling or child occupied
facility:
(i) In a residential dwelling on floors
and interior window sills when the
weighted arithmetic mean lead loading
for all single surface or composite samples of floors and interior window sills
are equal to or greater than 40 μg/ft2 for
floors and 250 μg/ft2 for interior window
sills, respectively;
(ii) On floors or interior window sills
in an unsampled residential dwelling in
a multi-family dwelling, if a dust-lead
hazard is present on floors or interior
window sills, respectively, in at least
one sampled residential unit on the
property; and
(iii) On floors or interior window sills
in an unsampled common area in a
multi-family dwelling, if a dust-lead
hazard is present on floors or interior
window sills, respectively, in at least
one sampled common area in the same
common area group on the property.
(4) A soil-lead hazard is present:
(i) In a play area when the soil-lead
concentration from a composite play
area sample of bare soil is equal to or
greater than 400 parts per million; or
(ii) In the rest of the yard when the
arithmetic mean lead concentration
from a composite sample (or arithmetic mean of composite samples) of
bare soil from the rest of the yard (i.e.,
non-play areas) for each residential
building on a property is equal to or
greater than 1,200 parts per million.
(i) Recordkeeping. All reports or plans
required in this section shall be maintained by the certified firm or individual who prepared the report for no
fewer than 3 years. The certified firm
or individual also shall provide copies
of these reports to the building owner
who contracted for its services.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 42852, Aug. 6, 1999; 66 FR 1239, Jan. 5, 2001;
69 FR 18496, Apr. 8, 2004]
672
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00682
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.238
§ 745.228 Accreditation of training programs: public and commercial
buildings,
bridges
and
superstructures. [Reserved]
§ 745.229 Certification of individuals
and firms engaged in lead-based
paint activities: public and commercial buildings, bridges and superstructures. [Reserved]
(iii) Fraudulently obtaining certification and engaging in any lead-based
paint activities requiring certification.
(e) Violators are subject to civil and
criminal sanctions pursuant to section
16 of TSCA (15 U.S.C. 2615) for each violation.
§ 745.237
Inspections.
§ 745.230 Work practice standards for
conducting lead-based paint activities: public and commercial buildings, bridges and superstructures.
[Reserved]
EPA may conduct reasonable inspections pursuant to the provisions of section 11 of TSCA (15 U.S.C. 2610) to ensure compliance with this subpart.
§ 745.233 Lead-based paint activities
requirements.
Lead-based paint activities, as defined in this part, shall only be conducted according to the procedures and
work practice standards contained in
§ 745.227 of this subpart. No individual
or firm may offer to perform or perform any lead-based paint activity as
defined in this part, unless certified to
perform that activity according to the
procedures in § 745.226.
§ 745.238 Fees for accreditation and
certification of lead-based paint activities.
§ 745.235 Enforcement.
(a) Failure or refusal to comply with
any requirement of §§ 745.225, 745.226,
745.227, or 745.233 is a prohibited act
under sections 15 and 409 of TSCA (15
U.S.C. 2614, 2689).
(b) Failure or refusal to establish,
maintain, provide, copy, or permit access to records or reports as required
by §§ 745.225, 745.226, or 745.227 is a prohibited act under sections 15 and 409 of
TSCA (15 U.S.C. 2614, 2689).
(c) Failure or refusal to permit entry
or inspection as required by § 745.237
and section 11 of TSCA (15 U.S.C. 2610)
is a prohibited act under sections 15
and 409 of TSCA (15 U.S.C. 2614, 2689).
(d) In addition to the above, any individual or firm that performs any of the
following acts shall be deemed to have
committed a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614,
2689). These include the following:
(i) Obtaining certification through
fraudulent representation;
(ii) Failing to obtain certification
from EPA and performing work requiring certification at a job site; or
(a) Purpose. To establish and impose
fees for certified individuals and firms
engaged in lead-based paint activities
and persons operating accredited training programs under section 402(a) of
the Toxic Substances Control Act
(TSCA).
(b) Persons who must pay fees. Fees in
accordance with paragraph (c) of this
section must be paid by:
(1) Training programs. (i) 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: inspector, risk assessor, supervisor,
project designer, abatement worker.
(ii) Exemptions. 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 and individuals. All firms
and individuals seeking certification
and re-certification from EPA to engage in lead-based paint activities in
one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement
worker.
(c) Fee amounts—(1) Certification and
accreditation fees. Initial and renewal
certification and accreditation fees are
specified in the following table:
673
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00683
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.238
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)
Initial Course
Inspector
Risk assessor
Supervisor
Worker
Project Designer
$870
$870
$870
$870
$870
$620
$620
$620
$620
$620
Refresher Course
Inspector
Risk assessor
Supervisor
Worker
Project Designer
$690
$690
$690
$690
$690
$580
$580
$580
$580
$580
Lead-based Paint Activities—Individual
Certification
Re-certification (every 3 years, see
40 CFR 745.226(e)(1) for details)
Inspector
Risk assessor
Supervisor
Worker
Project designer
Tribal certification (each discipline)
$410
$410
$410
$310
$410
$10
$410
$410
$410
$310
$410
$10
Lead-based Paint Activities—Firm
Certification
Re-certification (every 3 years, see
40 CFR 745.226(f)(7) for details)
Firm
Combined Renovation and Lead-based Paint Activities Firm Application
Combined Renovation and Lead-based Paint Activities Tribal Firm Application
Tribal Firm
$550
$550
$550
$550
$20
$20
$20
$20
(2) Certification examination fee. Individuals required to take a certification
exam in accordance with § 745.226 will
be assessed a fee of $70 for each exam
attempt.
(3) Multi-jurisdiction registration fee.
An individual, firm, or training program certified or accredited by EPA
may wish to provide training or perform lead-based paint activities in additional EPA-administered jurisdictions. A fee of $35 per discipline will be
assessed for each additional EPA-administered jurisdiction in which an individual, firm, or training program applies for certification/re-certification
or accreditation/re-accreditation. For
purposes of this multi-jurisdiction registration fee, an EPA-administered jurisdiction is either an individual state
without an authorized program or all
Indian Tribes without authorized programs that are within a given EPA Region.
(4) Lost identification card or certificate. A $15 fee shall be charged for replacement of an identification card or
certificate. (See replacement procedure
in paragraph (e) of this section.)
(d) Application/payment procedure—(1)
Certification and re-certification in one or
more EPA-administered jurisdiction—(i)
Individuals. Submit a completed application (titled ‘‘Application for Individuals to Conduct Lead-based Paint Activities’’), the materials described at
§ 745.226, and the application fee(s) described in paragraph (c) of this section.
(ii) Firms. Submit a completed application (titled ‘‘Application for Firms
’’), the materials described at § 745.226,
and the application fee(s) described in
paragraph (c) of this section.
(2) Accreditation and re-accreditation in
one or more EPA-administered jurisdiction. Submit a completed application
(titled ‘‘Accreditation Application for
Training Programs’’), the materials described at § 745.225, and the application
fee described in paragraph (c) of this
section.
(3) Application forms. Application
forms and instructions can be obtained
674
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00684
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.320
from the National Lead Information
Center at: 1–800–424–LEAD.
(e) Identification card replacement and
certificate replacement. (1) Parties seeking identification card or certificate
replacement shall complete the applicable portions of the appropriate application in accordance with the instructions provided. The appropriate applications are:
(i) Individuals. ‘‘Application for Individuals to Conduct Lead-based Paint
Activities.’’
(ii) Firms. ‘‘Application for Firms.’’
(iii) Training programs. ‘‘Accreditation Application for Training Programs.’’
(2) Submit application and payment
in the amount specified in paragraph
(c)(4) of this section in accordance with
the instructions provided with the application package.
(f) Adjustment of fees. (1) EPA will collect fees reflecting the costs associated
with the administration and enforcement of subpart L of this part with the
exception of costs associated with the
accreditation of training programs operated by a State, federally recognized
Indian Tribe, local government, and
nonprofit organization. In order to do
this, EPA will periodically adjust the
fees to reflect changed economic conditions.
(2) The fees will be evaluated based
on the cost to administer and enforce
the program, and the number of applicants. New fee schedules will be published in the FEDERAL REGISTER.
(g) Failure to remit a fee. (1) EPA will
not provide certification, re-certification, accreditation, or re-accreditation for any individual, firm, or training program which does not remit fees
described in paragraph (c) of this section in accordance with the procedures
specified in paragraph (d) of this section.
(2) EPA will not replace identification cards or certificates for any individual, firm, or training program which
does not remit fees described in paragraph (c) of this section in accordance
with the procedures specified in paragraph (e) of this section.
[64 FR 31098, June 9, 1999, as amended at 74
FR 11870, Mar. 20, 2009]
§ 745.239 Effective dates.
This subpart L shall apply in any
State or Indian Country that does not
have an authorized program under subpart Q, effective August 31, 1998. In
such States or Indian Country:
(a) Training programs shall not provide, offer or claim to provide training
or refresher training for certification
without accreditation from EPA pursuant to § 745.225 on or after March 1, 1999.
(b) No individual or firm shall perform, offer, or claim to perform leadbased paint activities, as defined in
this subpart, without certification
from EPA to conduct such activities
pursuant to § 745.226 on or after March
1, 2000.
(c) All lead-based paint activities
shall be performed pursuant to the
work practice standards contained in
§ 745.227 on or after March 1, 2000.
[61 FR 45813, Aug. 29, 1996, as amended at 64
FR 42852, Aug. 6, 1999]
Subparts M–P [Reserved]
Subpart Q—State and Indian Tribal
Programs
SOURCE: 61 FR 45825, Aug. 29, 1996, unless
otherwise noted.
§ 745.320 Scope and purpose.
(a) This subpart establishes the requirements that State or Tribal programs must meet for authorization by
the Administrator to administer and
enforce the standards, regulations, or
other requirements established under
TSCA section 402 and/or section 406 and
establishes the procedures EPA will
follow in approving, revising, and withdrawing approval of State or Tribal
programs.
(b) For State or Tribal lead-based
paint training and certification programs, a State or Indian Tribe may
seek authorization to administer and
enforce §§ 745.225, 745.226, and 745.227.
The provisions of §§ 745.220, 745.223,
745.233, 745.235, 745.237, and 745.239 shall
be applicable for the purposes of such
program authorization.
(c) A State or Indian Tribe may seek
authorization to administer and enforce all of the provisions of subpart E
of this part, just the pre-renovation
675
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00685
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.323
40 CFR Ch. I (7–1–10 Edition)
education provisions of subpart E of
this part, or just the training, certification, accreditation, and work practice provisions of subpart E of this
part. The provisions of §§ 745.324 and
745.326 apply for the purposes of such
program authorizations.
(d) A State or Indian Tribe applying
for program authorization may seek either interim approval or final approval
of the compliance and enforcement
portion of the State or Tribal leadbased paint program pursuant to the
procedures at § 745.327(a).
(e) State or Tribal submissions for
program authorization shall comply
with the procedures set out in this subpart.
(f) Any State or Tribal program approved by the Administrator under this
subpart shall at all times comply with
the requirements of this subpart.
(g) In many cases States will lack authority to regulate activities in Indian
Country. This lack of authority does
not impair a State’s ability to obtain
full program authorization in accordance with this subpart. EPA will administer the program in Indian Country if neither the State nor Indian
Tribe has been granted program authorization by EPA.
[61 FR 45825, Aug. 29, 1996, as amended at 73
FR 21767, Apr. 22, 2008]
§ 745.323 Definitions.
The definitions in subpart A apply to
this subpart. In addition, the definitions in § 745.223 and the following definitions apply:
Indian Country means (1) all land
within the limits of any American Indian reservation under the jurisdiction
of the U.S. government, notwithstanding the issuance of any patent,
and including rights-of-way running
throughout the reservation; (2) all dependent Indian communities within the
borders of the United States whether
within the original or subsequently acquired territory thereof, and whether
within or outside the limits of a State;
and (3) all Indian allotments, the Indian titles which have not been extinguished, including rights-of-way running through the same.
Indian Tribe means any Indian Tribe,
band, nation, or community recognized
by the Secretary of the Interior and ex-
ercising substantial governmental duties and powers.
§ 745.324 Authorization
Tribal programs.
of
State
(a) Application content and procedures.
(1) Any State or Indian Tribe that
seeks authorization from EPA to administer and enforce the provisions of
subpart E or subpart L of this part
must submit an application to the Administrator in accordance with this
paragraph.
(2) Before developing an application
for authorization, a State or Indian
Tribe shall disseminate a public notice
of intent to seek such authorization
and provide an opportunity for a public
hearing.
(3) A State or Tribal application shall
include:
(i) A transmittal letter from the
State Governor or Tribal Chairperson
(or equivalent official) requesting program approval.
(ii) A summary of the State or Tribal
program. This summary will be used to
provide notice to residents of the State
or Tribe.
(iii) A description of the State or
Tribal program in accordance with
paragraph (b) of this section.
(iv) An Attorney General’s or Tribal
Counsel’s (or equivalent) statement in
accordance with paragraph (c) of this
section.
(v) Copies of all applicable State or
Tribal statutes, regulations, standards,
and other materials that provide the
State or Indian Tribe with the authority to administer and enforce a leadbased paint program.
(4) After submitting an application,
the Agency will publish a FEDERAL
REGISTER notice that contains an announcement of the receipt of the State
or Tribal application, the summary of
the program as provided by the State
or Tribe, and a request for public comments to be mailed to the appropriate
EPA Regional Office. This comment
period shall last for no less than 45
days. EPA will consider these comments during its review of the State or
Tribal application.
(5) Within 60 days of submission of a
State or Tribal application, EPA will,
if requested, conduct a public hearing
676
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00686
Fmt 8010
or
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.324
in each State or Indian Country seeking program authorization and will
consider all comments submitted at
that hearing during the review of the
State or Tribal application.
(b) Program description. A State or Indian Tribe seeking to administer and
enforce a program under this subpart
must submit a description of the program. The description of the State or
Tribal program must include:
(1)(i) The name of the State or Tribal
agency that is or will be responsible for
administering and enforcing the program, the name of the official in that
agency designated as the point of contact with EPA, and addresses and
phone numbers where this official can
be contacted.
(ii) Where more than one agency is or
will be responsible for administering
and enforcing the program, the State
or Indian Tribe must designate a primary agency to oversee and coordinate
administration and enforcement of the
program and serve as the primary contact with EPA.
(iii) In the event that more than one
agency is or will be responsible for administering and enforcing the program,
the application must also include a description of the functions to be performed by each agency. The desciption
shall explain and how the program will
be coordinated by the primary agency
to ensure consistency and effective administration of the within the State or
Indian Tribe.
(2) To demonstrate that the State or
Tribal program is at least as protective
as the Federal program, fulfilling the
criteria in paragraph (e)(2)(i) of this
section, the State or Tribal application
must include:
(i) A description of the program that
demonstrates that the program contains all of the elements specified in
§ 745.325, § 745.326, or both; and
(ii) An analysis of the State or Tribal
program that compares the program to
the Federal program in subpart E or
subpart L of this part, or both. This
analysis must demonstrate how the
program is, in the State’s or Indian
Tribe’s assessment, at least as protective as the elements in the Federal program at subpart E or subpart L of this
part, or both. EPA will use this analysis to evaluate the protectiveness of
the State or Tribal program in making
its determination pursuant to paragraph (e)(2)(i) of this section.
(3) To demonstrate that the State or
Tribal program provides adequate enforcement, fulfilling the criteria in
paragraph (e)(2)(ii) of this section, the
State or Tribal application must include a description of the State or
Tribal lead-based paint compliance and
enforcement
program
that
demonstrates that the program contains
all of the elements specified at § 745.327.
This description shall include copies of
all policies, certifications, plans, reports, and other materials that demonstrate that the State or Tribal program contains all of the elements specified at § 745.327.
(4)(i) The program description for an
Indian Tribe shall also include a map,
legal description, or other information
sufficient to identify the geographical
extent of the territory over which the
Indian Tribe exercises jurisdiction.
(ii) The program description for an
Indian Tribe shall also include a demonstration that the Indian Tribe:
(A) Is recognized by the Secretary of
the Interior.
(B) has an existing government exercising substantial governmental duties
and powers.
(C) has adequate civil regulatory jurisdiction (as shown in the Tribal legal
certification in paragraph (c)(2) of this
section) over the subject matter and
entities regulated.
(D) is reasonably expected to be capable of administering the Federal program for which it is seeking authorization.
(iii) If the Administrator has previously determined that an Indian
Tribe has met the prerequisites in
paragraphs (b)(4)(ii)(A) and (B) of this
section for another EPA program, the
Indian Tribe need provide only that information unique to the lead-based
paint program required by paragraphs
(b)(4)(ii)(C) and (D) of this section.
(c) Attorney General’s statement. (1) A
State or Indian Tribe must submit a
written statement signed by the Attorney General or Tribal Counsel (or
equivalent) certifying that the laws
and regulations of the State or Indian
Tribe provide adequate legal authority
to administer and enforce the State or
677
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00687
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.324
40 CFR Ch. I (7–1–10 Edition)
Tribal program. This statement shall
include citations to the specific statutes and regulations providing that
legal authority.
(2) The Tribal legal certification (the
equivalent to the Attorney General’s
statement) may also be submitted and
signed by an independent attorney retained by the Indian Tribe for representation in matters before EPA or the
courts pertaining to the Indian Tribe’s
program. The certification shall include an assertion that the attorney
has the authority to represent the Indian Tribe with respect to the Indian
Tribe’s authorization application.
(3) If a State application seeks approval of its program to operate in Indian Country, the required legal certification shall include an analysis of
the applicant’s authority to implement
its provisions in Indian Country. The
applicant shall include a map delineating the area over which it seeks to
operate the program.
(d) Program certification. (1) At the
time of submitting an application, a
State may also certify to the Administrator that the State program meets
the requirements contained in paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
(2) If this certification is contained
in a State’s application, the program
shall be deemed to be authorized by
EPA until such time as the Administrator disapproves the program application or withdraws the program authorization. A program shall not be
deemed authorized pursuant to this
subpart to the extent that jurisdiction
is asserted over Indian Country, including non-member fee lands within an Indian reservation.
(3) If the application does not contain
such certification, the State program
will be authorized only after the Administrator authorizes the program in
accordance with paragraph (e) of this
section.
(4) This certification shall take the
form of a letter from the Governor or
the Attorney General to the Administrator. The certification shall reference the program analysis in paragraph (b)(3) of this section as the basis
for concluding that the State program
is at least as protective as the Federal
program, and provides adequate enforcement.
(e) EPA approval. (1) EPA will fully
review and consider all portions of a
State or Tribal application.
(2) Within 180 days of receipt of a
complete State or Tribal application,
the Administrator shall either authorize the program or disapprove the application. The Administrator shall authorize the program, after notice and
the opportunity for public comment
and a public hearing, only if the Administrator finds that:
(i) The State or Tribal program is at
least as protective of human health
and the environment as the corresponding Federal program under subpart E or subpart L of this part, or
both; and
(ii) The State or Tribal program provides adequate enforcement.
(3) EPA shall notify in writing the
State or Indian Tribe of the Administrator’s decision to authorize the State
or Tribal program or disapprove the
State’s or Indian Tribe’s application.
(4) If the State or Indian Tribe applies for authorization of State or Tribal programs under both subpart E and
subpart L, EPA may, as appropriate,
authorize one program and disapprove
the other.
(f) EPA administration and enforcement. (1) If a State or Indian Tribe does
not have an authorized program to administer and enforce subpart L of this
part in effect by August 31, 1998, the
Administrator shall, by such date, establish and enforce the provisions of
subpart L of this part as the Federal
program for that State or Indian Country.
(2) If a State or Indian Tribe does not
have an authorized program to administer and enforce the pre-renovation
education requirements of subpart E of
this part by August 31, 1998, the Administrator will, by such date, enforce
those provisions of subpart E of this
part as the Federal program for that
State or Indian Country. If a State or
Indian Tribe does not have an authorized program to administer and enforce
the training, certification and accreditation requirements and work practice
standards of subpart E of this part by
April 22, 2009, the Administrator will,
by such date, enforce those provisions
678
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00688
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.324
of subpart E of this part as the Federal
program for that State or Indian Country.
(3) Upon authorization of a State or
Tribal program, pursuant to paragraph
(d) or (e) of this section, it shall be an
unlawful act under sections 15 and 409
of TSCA for any person to fail or refuse
to comply with any requirements of
such program.
(g) Oversight. EPA shall periodically
evaluate the adequacy of a State’s or
Indian Tribe’s implementation and enforcement of its authorized programs.
(h) Reports. Beginning 12 months
after the date of program authorization, the primary agency for each
State or Indian Tribe that has an authorized program shall submit a written report to the EPA Regional Administrator for the Region in which the
State or Indian Tribe is located. This
report shall be submitted at least once
every 12 months for the first 3 years
after program authorization. If these
reports demonstrate successful program implementation, the Agency will
automatically extend the reporting interval to every 2 years. If the subsequent reports demonstrate problems
with implementation, EPA will require
a return to annual reporting until the
reports demonstrate successful program implementation, at which time
the Agency will extend the reporting
interval to every 2 years.
The report shall include the following information:
(1) Any significant changes in the
content or administration of the State
or Tribal program implemented since
the previous reporting period; and
(2) All information regarding the
lead-based paint enforcement and compliance activities listed at § 745.327(d)
‘‘Summary on Progress and Performance.’’
(i) Withdrawal of authorization. (1) If
EPA concludes that a State or Indian
Tribe is not administering and enforcing an authorized program in compliance with the standards, regulations,
and other requirements of sections 401
through 412 of TSCA and this subpart,
the Administrator shall notify the primary agency for the State or Indian
Tribe in writing and indicate EPA’s intent to withdraw authorization of the
program.
(2) The Notice of Intent to Withdraw
shall:
(i) Identify the program aspects that
EPA believes are inadequate and provide a factual basis for such findings.
(ii) Include copies of relevant documents.
(iii) Provide an opportunity for the
State or Indian Tribe to respond either
in writing or at a meeting with appropriate EPA officials.
(3) EPA may request that an informal conference be held between representatives of the State or Indian
Tribe and EPA officials.
(4) Prior to issuance of a withdrawal,
a State or Indian Tribe may request
that EPA hold a public hearing. At this
hearing, EPA, the State or Indian
Tribe, and the public may present facts
bearing on whether the State’s or Indian Tribe’s authorization should be
withdrawn.
(5) If EPA finds that deficiencies warranting withdrawal did not exist or
were corrected by the State or Indian
Tribe, EPA may rescind its Notice of
Intent to Withdraw authorization.
(6) Where EPA finds that deficiencies
in the State or Tribal program exist
that warrant withdrawal, an agreement to correct the deficiencies shall
be jointly prepared by the State or Indian Tribe and EPA. The agreement
shall describe the deficiencies found in
the program, specify the steps the
State or Indian Tribe has taken or will
take to remedy the deficiencies, and
establish a schedule, no longer than 180
days, for each remedial action to be
initiated.
(7) If the State or Indian Tribe does
not respond within 60 days of issuance
of the Notice of Intent to Withdraw or
an agreement is not reached within 180
days after EPA determines that a
State or Indian Tribe is not in compliance with the Federal program, the
Agency shall issue an order withdrawing the State’s or Indian Tribe’s
authorization.
(8) By the date of such order, the Administrator will establish and enforce
the provisions of subpart E or subpart
L of this part, or both, as the Federal
program for that State or Indian Country.
[61 FR 45825, Aug. 29, 1996, as amended at 73
FR 21767, Apr. 22, 2008]
679
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00689
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.325
40 CFR Ch. I (7–1–10 Edition)
§ 745.325 Lead-based paint activities:
State and Tribal program requirements.
(a) Program elements. To receive authorization from EPA, a State or Tribal program must contain at least the
following program elements for leadbased paint activities:
(1) Procedures and requirements for
the accreditation of lead-based paint
activities training programs.
(2) Procedures and requirements for
the certification of individuals engaged
in lead-based paint activities.
(3) Work practice standards for the
conduct of lead-based paint activities.
(4) Requirements that all lead-based
paint activities be conducted by appropriately certified contractors.
(5) Development of the appropriate
infrastructure or government capacity
to effectively carry out a State or Tribal program.
(b) Accreditation of training programs.
The State or Indian Tribe must have
either:
(1) Procedures and requirements for
the accreditation of training programs
that establish:
(i) Requirements for the accreditation of training programs, including
but not limited to:
(A) Training curriculum requirements.
(B) Training hour requirements.
(C) Hands-on training requirements.
(D) Trainee competency and proficiency requirements.
(E) Requirements for training program quality control.
(ii) Procedures for the re-accreditation of training programs.
(iii) Procedures for the oversight of
training programs.
(iv) Procedures for the suspension,
revocation, or modification of training
program accreditations; or
(2) Procedures or regulations, for the
purposes of certification, for the acceptance of training offered by an accredited training provider in a State or
Tribe authorized by EPA.
(c) Certification of individuals. The
State or Indian Tribe must have requirements for the certification of individuals that:
(1) Ensure that certified individuals:
(i) Are trained by an accredited
training program; and
(ii) Possess appropriate education or
experience qualifications for certification.
(2) Establish procedures for re-certification.
(3) Require the conduct of lead-based
paint activities in accordance with
work practice standards established by
the State or Indian Tribe.
(4) Establish procedures for the suspension, revocation, or modification of
certifications.
(5) Establish requirements and procedures for the administration of a thirdparty certification exam.
(d) Work practice standards for the conduct of lead-based paint activities. The
State or Indian Tribe must have requirements or standards that ensure
that lead-based paint activities are
conducted reliably, effectively, and
safely. At a minimum the State’s or Indian Tribe’s work practice standards
for conducting inspections, risk assessments, and abatements must contain
the requirements specified in paragraphs (d)(1), (d)(2), and (d)(3) of this
section.
(1) The work practice standards for
the inspection for the presence of leadbased paint must require that:
(i) Inspections are conducted only by
individuals certified by the appropriate
State or Tribal authority to conduct
inspections.
(ii) Inspections are conducted in a
way that identifies the presence of
lead-based paint on painted surfaces
within the interior or on the exterior
of a residential dwelling or child-occupied facility.
(iii) Inspections are conducted in a
way that uses documented methodologies that incorporate adequate quality
control procedures.
(iv) A report is developed that clearly
documents the results of the inspection.
(v) Records are retained by the certified inspector or the firm.
(2) The work practice standards for
risk assessment must require that:
(i) Risk assessments are conducted
only by individuals certified by the appropriate State or Tribal authority to
conduct risk assessments.
(ii) Risk assessments are conducted
in a way that identifies and reports the
presence of lead-based paint hazards.
680
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00690
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.326
(iii) Risk assessments consist of, at
least:
(A) An assessment, including a visual
inspection, of the physical characteristics of the residential dwelling or
child-occupied facility;
(B) Environmental sampling for lead
in paint, dust, and soil;
(C) Environmental sampling requirements for lead in paint, dust, and soil
that allow for comparison to the standards for lead-based paint hazards established or revised by the State or Indian
Tribe pursuant to paragraph (e) of this
section; and
(D) A determination of the presence
of lead-based paint hazards made by
comparing the results of visual inspection and environmental sampling to
the standards for lead-based paint hazards established or revised by the State
or Indian Tribe pursuant to paragraph
(e) of this section.
(iv) The program elements required
in
paragraph
(d)(2)(iii)(C)
and
(d)(2)(iii)(D) of this section shall be
adopted in accordance with the schedule for the demonstration required in
paragraph (e) of this section.
(v) The risk assessor develops a report that clearly presents the results of
the assessment and recommendations
for the control or elimination of all
identified hazards.
(vi) The certified risk assessor or the
firm retains the appropriate records.
(3) The work practice standards for
abatement must require that:
(i) Abatements are conducted only by
individuals certified by the appropriate
State or Tribal authority to conduct or
supervise abatements.
(ii) Abatements permanently eliminate lead-based paint hazards and are
conducted in a way that does not increase the hazards of lead-based paint
to the occupants of the dwelling or
child-occupied facility.
(iii) Abatements include post-abatement lead in dust clearance sampling
and conformance with clearance levels
established or adopted by the State or
Indian Tribe.
(iv) The abatement contractor develops a report that describes areas of the
residential dwelling or child-occupied
facility abated and the techniques employed.
(v) The certified abatement contractor or the firm retains appropriate
records.
(e) The State or Indian Tribe must
demonstrate that it has standards for
identifying lead-based paint hazards
and clearance standards for dust, that
are at least as protective as the standards in § 745.227 as amended on February 5, 2001. A State or Indian Tribe
with such a section 402 program approved before February 5, 2003 shall
make this demonstration no later than
the first report submitted pursuant to
§ 745.324(h) on or after February 5, 2003.
A State or Indian Tribe with such a
program submitted but not approved
before February 5, 2003 may make this
demonstration by amending its application or in its first report submitted
pursuant to § 745.324(h). A State or Indian Tribe submitting its program on
or after February 5, 2003 shall make
this demonstration in its application.
[61 FR 45825, Aug. 29, 1996, as amended at 66
FR 1240, Jan. 5, 2001]
§ 745.326 Renovation: State and Tribal
program requirements.
(a) Program elements. To receive authorization from EPA, a State or Tribal program must contain the following
program elements:
(1) For pre-renovation education programs, procedures and requirements
for the distribution of lead hazard information to owners and occupants of
target housing and child-occupied facilities before renovations for compensation.
(2) For renovation training, certification, accreditation, and work practice standards programs:
(i) Procedures and requirements for
the accreditation of renovation and
dust sampling technician training programs.
(ii) Procedures and requirements for
the certification of renovators and dust
sampling technicians.
(iii) Procedures and requirements for
the certification of individuals and/or
firms.
(iv) Requirements that all renovations be conducted by appropriately
certified individuals and/or firms.
(v) Work practice standards for the
conduct of renovations.
681
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00691
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.326
40 CFR Ch. I (7–1–10 Edition)
(3) For all renovation programs, development of the appropriate infrastructure or government capacity to
effectively carry out a State or Tribal
program.
(b) Pre-renovation education. To be
considered at least as protective as the
Federal program, the State or Tribal
program must:
(1) Establish clear standards for identifying renovation activities that trigger the information distribution requirements.
(2) Establish procedures for distributing the lead hazard information to
owners and occupants of housing and
child-occupied facilities prior to renovation activities.
(3) Require that the information to
be distributed include either the pamphlet titled Renovate Right: Important
Lead Hazard Information for Families,
Child Care Providers and Schools, developed by EPA under section 406(a) of
TSCA, or an alternate pamphlet or
package of lead hazard information
that has been submitted by the State
or Tribe, reviewed by EPA, and approved by EPA for that State or Tribe.
Such information must contain renovation-specific information similar to
that in Renovate Right: Important Lead
Hazard Information for Families, Child
Care Providers and Schools, must meet
the content requirements prescribed by
section 406(a) of TSCA, and must be in
a format that is readable to the diverse
audience of housing and child-occupied
facility owners and occupants in that
State or Tribe.
(i) A State or Tribe with a pre-renovation education program approved
before June 23, 2008, must demonstrate
that it meets the requirements of this
section no later than the first report
that it submits pursuant to § 745.324(h)
on or after April 22, 2009.
(ii) A State or Tribe with an application for approval of a pre-renovation
education program submitted but not
approved before June 23, 2008, must
demonstrate that it meets the requirements of this section either by amending its application or in the first report
that it submits pursuant to § 745.324(h)
of this part on or after April 22, 2009.
(iii) A State or Indian Tribe submitting its application for approval of a
pre-renovation education program on
or after June 23, 2008, must demonstrate in its application that it
meets the requirements of this section.
(c) Accreditation of training programs.
To be considered at least as protective
as the Federal program, the State or
Tribal program must meet the requirements of either paragraph (c)(1) or
(c)(2) of this section:
(1) The State or Tribal program must
establish accreditation procedures and
requirements, including:
(i) Procedures and requirements for
the accreditation of training programs,
including, but not limited to:
(A) Training curriculum requirements.
(B) Training hour requirements.
(C) Hands-on training requirements.
(D) Trainee competency and proficiency requirements.
(E) Requirements for training program quality control.
(ii) Procedures and requirements for
the re-accreditation of training programs.
(iii) Procedures for the oversight of
training programs.
(iv) Procedures and standards for the
suspension, revocation, or modification
of training program accreditations; or
(2) The State or Tribal program must
establish procedures and requirements
for the acceptance of renovation training offered by training providers accredited by EPA or a State or Tribal
program authorized by EPA under this
subpart.
(d) Certification of renovators. To be
considered at least as protective as the
Federal program, the State or Tribal
program must:
(1) Establish procedures and requirements for individual certification that
ensure that certified renovators are
trained by an accredited training program.
(2) Establish procedures and requirements for re-certification.
(3) Establish procedures for the suspension, revocation, or modification of
certifications.
(e) Work practice standards for renovations. To be considered at least as protective as the Federal program, the
State or Tribal program must establish
standards that ensure that renovations
are conducted reliably, effectively, and
safely. At a minimum, the State or
682
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00692
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.327
Tribal program must contain the following requirements:
(1) Renovations must be conducted
only by certified contractors.
(2) Renovations are conducted using
lead-safe work practices that are at
least as protective to occupants as the
requirements in § 745.85.
(3) Certified contractors must retain
appropriate records.
[73 FR 21768, Apr. 22, 2008]
EFFECTIVE DATE NOTE: At 75 FR 24819, May
6, 2010, § 745.326 was amended by adding paragraph (f), effective July 6, 2010. For the convenience of the user, the added text is set
forth as follows:
§ 745.326 Renovation: State and Tribal program requirements.
*
*
*
*
*
(f) Revisions to renovation program requirements. When EPA publishes in the FEDERAL
REGISTER revisions to the renovation program requirements contained in subparts E
and L of this part:
(1) A State or Tribe with a renovation program approved before the effective date of
the revisions to the renovation program requirements in subparts E and L of this part
must demonstrate that it meets the requirements of this section no later than the first
report that it submits pursuant to § 745.324(h)
but no later than 2 years after the effective
date of the revisions.
(2) A State or Tribe with an application for
approval of a renovation program submitted
but not approved before the effective date of
the revisions to the renovation program requirements in subparts E and L of this part
must demonstrate that it meets the requirements of this section either by amending its
application or in the first report that it submits pursuant to § 745.324(h) of this part but
no later than 2 years after the effective date
of the revisions.
(3) A State or Tribe submitting its application for approval of a renovation program on
or after the effective date of the revisions
must demonstrate in its application that it
meets the requirements of the new renovation program requirements in subparts E and
L of this part.
§ 745.327 State or Indian Tribal leadbased paint compliance and enforcement programs.
(a) Approval of compliance and enforcement programs. A State or Indian Tribe
seeking authorization of a lead-based
paint program can apply for and receive either interim or final approval
of the compliance and enforcement
program portion of its lead-based paint
program. Indian Tribes are not required to exercise criminal enforcement jurisdiction as a condition for
program authorization.
(1) Interim approval. Interim approval
of the compliance and enforcement
program portion of the State or Tribal
lead-based paint program may be
granted by EPA only once, and subject
to a specific expiration date.
(i) To be considered adequate for purposes of obtaining interim approval for
the compliance and enforcement program portion of a State or Tribal leadbased paint program, a State or Indian
Tribe must, in its application described
at § 745.324(a):
(A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraph (b)
of this section. This demonstration
shall include a statement that the
State or Indian Tribe, during the interim approval period, shall carry out a
level of compliance monitoring and enforcement necessary to ensure that the
State or Indian Tribe addresses any
significant risks posed by noncompliance with lead-based paint activity requirements.
(B) Present a plan with time frames
identified for implementing in the field
each element in paragraph (c) of this
section. All elements of paragraph (c)
of this section must be fully implemented no later than 3 years from the
date of EPA’s interim approval of the
compliance and enforcement program
portion of a State or Tribal lead-based
paint program. A statement of resources must be included in the State
or Tribal plan which identifies what resources the State or Indian Tribe intends to devote to the administration
of its lead-based paint compliance and
enforcement program.
(C) Agree to submit to EPA the Summary on Progress and Performance of
lead-based paint compliance and enforcement activities as described at
paragraph (d) of this section.
(ii) Any interim approval granted by
EPA for the compliance and enforcement program portion of a State or
Tribal lead-based paint program will
expire no later than 3 years from the
date of EPA’s interim approval. One
hundred and eighty days prior to this
683
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00693
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.327
40 CFR Ch. I (7–1–10 Edition)
expiration date, a State or Indian Tribe
shall apply to EPA for final approval of
the compliance and enforcement program portion of a State or Tribal leadbased paint program. Final approval
shall be given to any State or Indian
Tribe which has in place all of the elements of paragraphs (b), (c), and (d) of
this section. If a State or Indian Tribe
does not receive final approval for the
compliance and enforcement program
portion of a State or Tribal lead-based
paint program by the date 3 years after
the date of EPA’s interim approval, the
Administrator shall, by such date, initiate the process to withdraw the State
or Indian Tribe’s authorization pursuant to § 745.324(i).
(2) Final approval. Final approval of
the compliance and enforcement program portion of a State or Tribal leadbased paint program can be granted by
EPA either through the application
process described at § 745.324(a), or, for
States or Indian Tribes which previously received interim approval as
described in paragraph (a)(1) of this
section, through a separate application
addressing only the compliance and enforcement program portion of a State
or Tribal lead-based paint program.
(i) For the compliance and enforcement program to be considered adequate for final approval through the
application described at § 745.324(a), a
State or Indian Tribe must, in its application:
(A) Demonstrate it has the legal authority and ability to immediately implement the elements in paragraphs (b)
and (c) of this section.
(B) Submit a statement of resources
which identifies what resources the
State or Indian Tribe intends to devote
to the administration of its lead-based
paint compliance and enforcement program.
(C) Agree to submit to EPA the Summary on Progress and Performance of
lead-based paint compliance and enforcement activities as described at
paragraph (d) of this section.
(ii) For States or Indian Tribes which
previously received interim approval as
described in paragraph (a)(1) of this
section, in order for the State or Tribal
compliance and enforcement program
to be considered adequate for final approval through a separate application
addressing only the compliance and enforcement program portion of a State
or Tribal lead-based paint program, a
State or Indian Tribe must, in its application:
(A) Demonstrate that it has the legal
authority and ability to immediately
implement the elements in paragraphs
(b) and (c) of this section.
(B) Submit a statement which identifies the resources the State or Indian
Tribe intends to devote to the administration of its lead-based paint compliance and enforcement program.
(C) Agree to submit to EPA the Summary on Progress and Performance of
lead-based paint compliance and enforcement activities as described at
paragraph (d) of this section.
(D) To the extent not previously submitted through the application described at § 745.324(a), submit copies of
all applicable State or Tribal statutes,
regulations, standards, and other material that provide the State or Indian
Tribe with authority to administer and
enforce the lead-based paint compliance and enforcement program, and
copies of the policies, certifications,
plans, reports, and any other documents that demonstrate that the program meets the requirements established in paragraphs (b) and (c) of this
section.
(b) Standards, regulations, and authority. The standards, regulations, and authority described in paragraphs (b)(1)
through (b)(4) of this section are part
of the required elements for the compliance and enforcement portion of a
State or Tribal lead-based paint program.
(1) Lead-based paint activities and requirements. State or Tribal lead-based
paint compliance and enforcement programs will be considered adequate if
the State or Indian Tribe demonstrates,
in
its
application
at
§ 745.324(a), that it has established a
lead-based paint program containing
the following requirements:
(i) Accreditation of training programs as described at § 745.325(b).
(ii) Certification of individuals engaged in lead-based paint activities as
described at § 745.325(c).
(iii) Standards for the conduct of
lead-based paint activities as described
at § 745.325(d); and, as appropriate,
684
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00694
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 745.327
(iv) Requirements that regulate the
conduct of renovation activities as described at § 745.326.
(2) Authority to enter. State or Tribal
officials must be able to enter, through
consent, warrant, or other authority,
premises or facilities where lead-based
paint activities violations may occur
for purposes of conducting inspections.
(i) State or Tribal officials must be
able to enter premises or facilities
where those engaged in training for
lead-based paint activities conduct
business.
(ii) For the purposes of enforcing a
renovation program, State or Tribal officials must be able to enter a firm’s
place of business or work site.
(iii) State or Tribal officials must
have authority to take samples and review records as part of the lead-based
paint activities inspection process.
(3) Flexible remedies. A State or Tribal
lead-based paint compliance and enforcement program must provide for a
diverse and flexible array of enforcement remedies. At a minimum, the
remedies that must be reflected in an
enforcement response policy must include the following:
(i) Warning letters, Notices of Noncompliance, Notices of Violation, or
the equivalent;
(ii) Administrative or civil actions,
including penalty authority (e.g., accreditation or certification suspension,
revocation, or modification); and
(iii) Authority to apply criminal
sanctions or other criminal authority
using existing State or Tribal laws, as
applicable.
(4) Adequate resources. An application
must include a statement that identifies the resources that will be devoted
by the State or Indian Tribe to the administration of the State or Tribal
lead-based paint compliance and enforcement program. This statement
must address fiscal and personnel resources that will be devoted to the program.
(c) Performance elements. The performance elements described in paragraphs
(c)(1) through (c)(7) of this section are
part of the required elements for the
compliance and enforcement program
portion of a State or Tribal lead-based
paint program.
(1) Training. A State or Tribal leadbased paint compliance and enforcement program must implement a process for training enforcement and inspection personnel and ensure that enforcement personnel and inspectors are
well trained. Enforcement personnel
must understand case development procedures and the maintenance of proper
case files. Inspectors must successfully
demonstrate knowledge of the requirements of the particular discipline (e.g.,
abatement supervisor, and/or abatement worker, and/or lead-based paint
inspector, and/or risk assessor, and/or
project designer) for which they have
compliance monitoring and enforcement responsibilities. Inspectors must
also be trained in violation discovery,
methods of obtaining consent, evidence
gathering, preservation of evidence and
chain-of-custody, and sampling procedures. A State or Tribal lead-based
paint compliance and enforcement program must also implement a process
for the continuing education of enforcement and inspection personnel.
(2) Compliance assistance. A State or
Tribal lead-based paint compliance and
enforcement program must provide
compliance assistance to the public
and the regulated community to facilitate awareness and understanding of
and compliance with State or Tribal
requirements governing the conduct of
lead-based paint activities. The type
and nature of this assistance can be defined by the State or Indian Tribe to
achieve this goal.
(3) Sampling techniques. A State or
Tribal lead-based paint compliance and
enforcement program must have the
technological capability to ensure
compliance with the lead-based paint
program requirements. A State or
Tribal application for approval of a
lead-based paint program must show
that the State or Indian Tribe is technologically capable of conducting a
lead-based paint compliance and enforcement program. The State or Tribal program must have access to the facilities and equipment necessary to
perform sampling and laboratory analysis as needed. This laboratory facility
must be a recognized laboratory as defined at § 745.223, or the State or Tribal
685
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00695
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
§ 745.339
40 CFR Ch. I (7–1–10 Edition)
program must implement a quality assurance program that ensures appropriate quality of laboratory personnel
and protects the integrity of analytical
data.
(4) Tracking tips and complaints. A
State or Tribal lead-based paint compliance and enforcement program must
demonstrate the ability to process and
react to tips and complaints or other
information indicating a violation.
(5) Targeting inspections. A State or
Tribal lead-based paint compliance and
enforcement
program
must
demonstrate the ability to target inspections to ensure compliance with the
lead-based paint program requirements. Such targeting must include a
method for obtaining and using notifications of commencement of abatement activities.
(6) Follow up to inspection reports. A
State or Tribal lead-based paint compliance and enforcement program must
demonstrate the ability to reasonably,
and in a timely manner, process and
follow-up on inspection reports and
other information generated through
enforcement-related activities associated with a lead-based paint program.
The State or Tribal program must be
in a position to ensure correction of
violations and, as appropriate, effectively develop and issue enforcement
remedies/responses to follow up on the
identification of violations.
(7) Compliance monitoring and enforcement. A State or Tribal lead-based
paint compliance and enforcement program must demonstrate, in its application for approval, that it is in a position to implement a compliance monitoring and enforcement program. Such
a compliance monitoring and enforcement program must ensure correction
of violations, and encompass either
planned and/or responsive lead-based
paint compliance inspections and development/issuance of State or Tribal
enforcement responses which are appropriate to the violations.
(d) Summary on Progress and Performance. The Summary on Progress and
Performance described below is part of
the required elements for the compliance and enforcement program portion
of a State or Tribal lead-based paint
program. A State or Tribal lead-based
paint compliance and enforcement pro-
gram must submit to the appropriate
EPA Regional Administrator a report
which summarizes the results of implementing the State or Tribal lead-based
paint compliance and enforcement program, including a summary of the
scope of the regulated community
within the State or Indian Tribe (which
would include the number of individuals and firms certified in lead-based
paint activities and the number of
training programs accredited), the inspections conducted, enforcement actions taken, compliance assistance provided, and the level of resources committed by the State or Indian Tribe to
these activities. The report shall be
submitted according to the requirements at § 745.324(h).
(e) Memorandum of Agreement. An Indian Tribe that obtains program approval must establish a Memorandum
of Agreement with the Regional Administrator. The Memorandum of
Agreement shall be executed by the Indian Tribe’s counterpart to the State
Director (e.g., the Director of Tribal
Environmental Office, Program or
Agency). The Memorandum of Agreement must include provisions for the
timely and appropriate referral to the
Regional Administrator for those
criminal enforcement matters where
that Indian Tribe does not have the authority (e.g., those addressing criminal
violations by non-Indians or violations
meriting penalties over $5,000). The
Agreement must also identify any enforcement agreements that may exist
between the Indian Tribe and any
State.
(f) Electronic reporting under State or
Indian Tribe programs. States and tribes
that choose to receive electronic documents under the authorized state or Indian tribe lead-based paint program,
must ensure that the requirements of
40 CFR part 3—(Electronic reporting)
are satisfied in their lead-based paint
program.
[61 FR 45825, Aug. 29, 1996, as amended at 70
FR 59889, Oct. 13, 2005; 73 FR 21769, Apr. 22,
2008]
§ 745.339 Effective date.
States and Indian Tribes may seek
authorization to administer and enforce subpart L of this part pursuant to
this subpart at any time. States and
686
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00696
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
Environmental Protection Agency
§ 747.115
Indian Tribes may seek authorization
to administer and enforce the pre-renovation education provisions of subpart
E of this part pursuant to this subpart
at any time. States and Indian Tribes
may seek authorization to administer
and enforce all of subpart E of this part
pursuant to this subpart effective June
23, 2008.
[73 FR 21769, Apr. 22, 2008]
PART 747—METALWORKING FLUIDS
Subpart A [Reserved]
Subpart B—Specific Use Requirements for
Certain Chemical Substances
Sec.
747.115 Mixed mono and diamides of an organic acid.
747.195 Triethanolamine salt of a substituted organic acid.
747.200 Triethanolamine
salt
of
tricarboxylic acid.
AUTHORITY: 15 U.S.C. 2604 and 2605.
Subpart A [Reserved]
Subpart B—Specific Use Requirements for Certain Chemical
Substances
§ 747.115 Mixed mono and diamides of
an organic acid.
This section identifies activities with
respect to a chemical substance which
are prohibited and requires that warnings and instructions accompany the
substance when distributed in commerce.
(a) Chemical substance subject to this
section. The following chemical substance,
referred
to
by
its
premanufacture notice number and generic chemical name, is subject to this
section: P-84–529, mixed mono and
diamides of an organic acid.
(b) Definitions. Definitions in section
3 of the Act, 15 U.S.C. 2602, apply to
this section unless otherwise specified
in this paragraph. In addition, the following definitions apply:
(1) The terms Act, article, chemical
substance, commerce, importer, impurity,
Inventory, manufacturer, person, process,
processor, and small quantities solely for
research and development have the same
meaning as in § 720.3 of this chapter.
(2) Metalworking fluid means a liquid
of any viscosity or color containing intentionally added water used in metal
machining operations for the purpose
of cooling, lubricating, or rust inhibition.
(3) Nitrosating agent means any substance that has the potential to transfer a nitrosyl group (–NO) to a primary,
secondary, or tertiary amine to form
the corresponding nitrosamine.
(4) Process or distribute in commerce
solely for export means to process or distribute in commerce solely for export
from the United States under the following restrictions on domestic activity:
(i) Processing must be performed at
sites under the control of the processor.
(ii) Distribution in commerce is limited to purposes of export.
(iii) The processor or distributor may
not use the substance except in small
quantities solely for research and development.
(c) Use limitations. (1) Any person producing a metalworking fluid, or a product which could be used in or as a metalworking fluid, which includes as one
of its components P-84–529, is prohibited from adding any nitrosating agent
to the metalworking fluid or product.
(2) Any person using as a metalworking fluid a product containing P84–529 is prohibited from adding any
nitrosating agent to the product.
(d) Warnings and instructions. (1) Any
person who distributes in commerce P84–529 in a metalworking fluid, or in
any form in which it could be used as
a component of a metalworking fluid,
must send to each recipient of P-84–529
and confirm receipt in writing prior to
the first shipment to that person:
(i) A letter that includes the following statements:
A substance, identified generically as
mixed mono and diamides of an organic acid,
contained in the product (insert distributor’s
other identifier for product containing P-84–529)
has been regulated by the Environmental
Protection Agency, at 40 CFR 747.115, as published in the FEDERAL REGISTER of September 20, 1984. A copy of the regulation is
enclosed. The regulation prohibits the addition of any nitrosating agent, including
nitrites, to the mixed mono and diamides of
an organic acid, when the substance is or
could be used in metalworking fluids. The
687
VerDate Mar<15>2010
14:54 Aug 16, 2010
Jkt 220172
PO 00000
Frm 00697
Fmt 8010
Sfmt 8010
Q:\40\220172.XXX
ofr150
PsN: PC150
| File Type | application/pdf |
| File Modified | 2010-10-28 |
| File Created | 2010-10-28 |