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Code of Federal Regulations
Title 40—Protection of Environment
Part 745 – Lead Based Paint Poisoning Prevention
in Residential Structures
Subpart L – Lead-Based Paint Activities
Sec. 745.220 Scope and applicability.
(a) This subpart contains procedures and requirements for the accreditation of lead-based paint activities training programs, 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 Sec. 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 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 Sec. 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.
Sec. 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 Sec. 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 lead-based 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 Sec. 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.
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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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.
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 Sec. 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 Sec. 745.226. Interim certifications expire 6 months after the completion of the training course, and is equivalent to a certificate for the 6-month 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 lead-based 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 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 Sec. 745.227(c).
Living area means any area of a residential dwelling used by one or more 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.
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.
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.
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.
745.225 Accreditation of training programs: target housing and child-occupied facilities.
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745.226 Certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities.
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745.227 Work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities.
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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].
Sec. 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 Sec. 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 Sec. 745.226.
Sec. 745.235 Enforcement.
(a) Failure or refusal to comply with any requirement of Secs. 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 Secs. 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 Sec. 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.
Sec. 745.237 Inspections.
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.
Sec. 745.238 Fees for accreditation and certification of lead-based paint activities.
(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:
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Certification and Accreditation Fee Levels
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Training Program
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Accreditation
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Re-accreditation (every 4 years: see 40 CFR 745.225(f)(1) for details)
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Initial Course
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$2,500
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$1,600
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$1,760
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$1,150
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$3,250
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$2,050
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$1,760
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$1,150
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$1,010
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$710
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Refresher Course
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$1,010
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$710
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$1,010
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$710
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$1,010
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$710
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$1,010
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$710
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$640
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$490
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Lead-based Paint Activities - Individual
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Certification
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Re-certification (every 3 or 5 years, see 40 CFR 745.226(e)(1) for details)
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$400
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$350
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$520
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$420
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$470
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$390
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$280
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$240
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$470
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$390
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Lead-based Paint Activities - Firm
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Certification
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Certification Renewal (every 3 years, see 40 CFR 745.226(f)(7) for details)
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$540
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$430
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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 Sec. 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 Sec. 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 Sec. 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 Sec. 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) 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.
Sec. 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 Sec. 745.225 on or after March 1, 1999.
(b) No individual or firm shall perform, offer, or claim to perform lead-based paint activities, as defined in this subpart, without certification from EPA to conduct such activities pursuant to Sec. 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 Sec. 745.227 on or after March 1, 2000.
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