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(continued)
(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:
(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
(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.
(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 certification 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.
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(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, lead-hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance 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
(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 child-occupied facility; and
(ii) Other common areas in the building where the risk assessor determines that one or more children, age 6 and 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., non-play 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 lead-based 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.
(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 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 lead-based 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 lead-based 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 post-abatement 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 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 exceeds 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/ft 2 for floors, 250 µg/ft 2 for interior window sills, and 400 µg/ft 2 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/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/ft 2 for floors and 250 µg/ft 2 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]
§ 745.228 Accreditation of training programs: public and commercial buildings, bridges and superstructures. [Reserved]
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§ 745.229 Certification of individuals and firms engaged in lead-based paint activities: public and commercial buildings, bridges and superstructures. [Reserved]
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§ 745.230 Work practice standards for conducting lead-based paint activities: public and commercial buildings, bridges and superstructures. [Reserved]
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§ 745.233 Lead-based paint activities requirements.
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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.
§ 745.235 Enforcement.
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(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
(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.
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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.
§ 745.238 Fees for accreditation and certification of lead-based paint activities.
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(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:
Certification and Accreditation Fee Levels
------------------------------------------------------------------------
Re-accreditation
\1\ [every 4
Training Program Accreditation \1\ years, see 40 CFR
745.225(f)(1) for
details]
------------------------------------------------------------------------
Initial Course
Inspector $2,500 $1,600
Risk assessor $1,760 $1,150
Supervisor $3,250 $2,050
Worker $1,760 $1,150
Project designer $1,010 $710
------------------------------------------------------------------------
Refresher Course
Inspector $1,010 $710
Risk assessor $1,010 $710
Supervisor $1,010 $710
Worker $1,010 $710
Project designer $640 $490
------------------------------------------------------------------------
------------------------------------------------------------------------
Re-certification
\1\ [every 3 or 5
Lead-based Paint Activities- Certification \1\ years, see 40 CFR
Individual 745.226(e)(1) for
details]
------------------------------------------------------------------------
Inspector $400 $350
Risk assessor $520 $420
Supervisor $470 $390
Worker $280 $240
Project designer $470 $390
------------------------------------------------------------------------
------------------------------------------------------------------------
Certification
Renewal \1\ [every
Lead-based Paint Activities-Firm Certification \1\ 3 years, see 40
CFR 745.226(f)(7)
for details]
------------------------------------------------------------------------
Firm $540 $430
------------------------------------------------------------------------
\1\ Fees will be adjusted periodically based on adjustments accounting
for changes in participation and operating costs.
(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 to Conduct Lead-based Paint Activities”), 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 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 to Conduct Lead-based Paint Activities.”
(iii) Training programs. “Accreditation Application for Training Programs.”
(2) Submitapplication and payment in the amount specified in paragraph (c)(4) of this section in accordance with the instructions provided with the application package. (continued)