Proposed Rule: Toxic Substances: Lead Renovation, Repair, and Painting Program Hazard Exposure Reduction

Tuesday,
January 10, 2006
Part II
Environmental
Protection Agency
40 CFR Part 745
Lead; Renovation, Repair, and Painting
Program; Proposed Rule
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1588 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION the information collection provisions disk or CD ROM you submit. If EPA
AGENCY must be received by OMB on or before cannot read your comment due to
February 9, 2006. technical difficulties and cannot contact
40 CFR Part 745 ADDRESSES: Submit your comments, you for clarification, EPA may not be
[EPA–HQ–OPPT–2005–0049; FRL–7755–5] identified by Docket ID number EPA– able to consider your comment.
HQ–OPPT–2005–0049, by one of the Electronic files should avoid the use of
RIN 2070–AC83 special characters, any form of
following methods:
• Federal eRulemaking Portal: http:// encryption, and be free of any defects or
Lead; Renovation, Repair, and Painting viruses.
Program www.regulations.gov/. Follow the on-
line instructions for submitting Docket: All documents in the docket
AGENCY: Environmental Protection comments. are listed in the docket index at http://
Agency (EPA). • Mail: Document Control Office www.regulations.gov/. Although listed
ACTION: Proposed rule. (7407M), Office of Pollution Prevention in the index, some information is not
and Toxics (OPPT), Environmental publicly available, i.e., CBI or other
SUMMARY: EPA is proposing new Protection Agency, 1200 Pennsylvania information whose disclosure is
requirements to reduce exposure to lead Ave., NW., Washington, DC 20460-0001. restricted by statute. Certain other
hazards created by renovation, repair, In addition, please mail a copy of your material, such as copyrighted material,
and painting activities that disturb lead- comments on the information collection is not placed on the Internet and will be
based paint. This action supports the publicly available only in hard copy
provisions to the Office of Information
attainment of the Federal government’s form. Publicly available docket
and Regulatory Affairs, Office of
goal of eliminating childhood lead materials are available either
Management and Budget (OMB), Attn:
poisoning by 2010. The proposal would electronically in the online docket at
Desk Officer for EPA, 725 17th St., NW.,
establish requirements for training http://www.regulations.gov/ or in hard
Washington, DC 20503.
renovators and dust sampling copy at the OPPT Docket, EPA Docket
• Hand Delivery: OPPT Document
technicians; certifying renovators, dust Center, EPA West, Rm. B102, 1301
Control Office (DCO), EPA East Bldg.,
sampling technicians, and renovation Constitution Ave., NW., Washington,
Rm. 6428, 1201 Constitution Ave., NW.,
firms; accrediting providers of DC. The Public Reading Room is open
Washington, DC. Attention: Docket ID
renovation and dust sampling from 8:30 a.m. to 4:30 p.m., Monday
number EPA–HQ–OPPT–2005–0049. through Friday, excluding legal
technician training; and for renovation The DCO is open from 8 a.m. to 4 p.m.,
work practices. These requirements holidays. The EPA Docket Center
Monday through Friday, excluding legal Reading Room telephone number is
would apply in ‘‘target housing,’’ holidays. The telephone number for the
defined in section 401 of the Toxic (202) 566–1744, and the telephone
DCO is (202) 564–8930. Such deliveries number for the OPPT Docket, which is
Substances Control Act (TSCA) as any are only accepted during the Docket’s
housing constructed before 1978, except located in the EPA Docket Center, is
normal hours of operation, and special (202) 566–0280.
housing for the elderly or persons with arrangements should be made for
disabilities (unless any child under age FOR FURTHER INFORMATION CONTACT: For
deliveries of boxed information.
6 resides or is expected to reside in such general information contact: Colby
Instructions: Direct your comments to
housing) or any 0-bedroom dwelling. Lintner, Regulatory Coordinator,
docket ID number EPA–HQ–OPPT–
Initially the rule would apply to all Environmental Assistance Division
2005–0049. EPA’s policy is that all
renovations for compensation (7408M), Office of Pollution Prevention
comments received will be included in
performed in target housing where a and Toxics, Environmental Protection
the public docket without change and
child with an increased blood lead level Agency, 1200 Pennsylvania Ave., NW.,
may be made available in the on-line
resides, rental target housing built Washington, DC 20460–0001; telephone
docket at http://www.regulations.gov,
before 1960 and owner-occupied target number: (202) 554-1404; e-mail address:
including any personal information
housing built before 1960, unless, with TSCA-Hotline@epa.gov.
provided, unless the comment includes For technical information contact:
respect to owner-occupied target information claimed to be Confidential
housing, the person performing the Mike Wilson, National Program
Business Information (CBI) or other Chemicals Division (7404T), Office of
renovation obtains a statement signed information whose disclosure is
by the owner-occupant that the Pollution Prevention and Toxics,
restricted by statute. Do not submit Environmental Protection Agency, 1200
renovation will occur in the owner’s information that you consider to be CBI
residence and that no child under age 6 Pennsylvania Ave., NW., Washington,
or otherwise protected through DC 20460–0001; telephone number:
resides there. EPA is proposing to phase regulations.gov, or e-mail. The
in the applicability of this proposal to (202) 566–0521; e-mail address:
regulations.gov website is an wilson.mike@epa.gov.
all rental target housing and owner- ‘‘anonymous access’’ system, which
occupied target housing built in the means EPA will not know your identity SUPPLEMENTARY INFORMATION:
years 1960 through 1977 where a child or contact information unless you I. General Information
under age 6 resides. This proposal is provide it in the body of your comment.
issued under the authority of TSCA If you send an e-mail comment directly A. Does this Action Apply to Me?
section 402(c)(3). EPA is also proposing to EPA without going through You may be potentially affected by
to allow interested States, Territories, regulations.gov, your e-mail address this action if you perform renovations of
and Indian Tribes the opportunity to will be automatically captured and target housing for compensation or dust
apply for and receive authorization to included as part of the comment that is sampling. Target housing is defined in
administer and enforce all of the placed in the public docket and made section 401 of TSCA as any housing
elements of the new renovation available on the Internet. If you submit constructed prior to 1978, except
provisions. an electronic comment, EPA housing for the elderly or persons with
DATES: Comments must be received on recommends that you include your disabilities (unless any child under age
or before April 10, 2006. Under the name and other contact information in 6 resides or is expected to reside in such
Paperwork Reduction Act, comments on the body of your comment and with any housing) or any 0-bedroom dwelling.
Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Proposed Rules 1589
Potentially affected entities may 2. Tips for preparing your comments. no child under age 6 resides there. EPA
include, but are not limited to: When submitting comments, remember is proposing to phase in the
• Building construction (NAICS 236), to: applicability of this proposal to all
e.g., single family housing construction, i. Identify the rulemaking by docket rental target housing and owner-
multi-family housing construction, ID number and other identifying occupied target housing built in the
residential remodelers. information (subject heading, Federal years 1960 through 1977 where a child
• Specialty trade contractors (NAICS Register date, and page number). under age 6 resides. This proposal is
238), e.g., plumbing, heating, and air- ii. Follow directions. The Agency may issued under the authority of TSCA
conditioning contractors, painting and ask you to respond to specific questions section 402(c)(3). EPA is also proposing
wall covering contractors, electrical or organize comments by referencing a to allow interested States, Territories,
contractors, finish carpentry contractors, Code of Federal Regulations (CFR) part and Indian Tribes the opportunity to
drywall and insulation contractors, or section number. apply for, and receive authorization to,
siding contractors, tile and terrazzo iii. Explain why you agree or disagree; administer and enforce all of the
contractors, glass and glazing suggest alternatives and substitute elements of the new renovation
contractors. language for your requested changes. provisions.
• Real estate (NAICS 531), e.g., iv. Describe any assumptions and EPA is planning to incorporate the
lessors of residential buildings and provide any technical information and/ training, certification, and accreditation
dwellings, residential property or data that you used. requirements in this proposal, along
managers. v. If you estimate potential costs or with the proposed work practice
• Other technical and trade schools burdens, explain how you arrived at standards for renovations, into 40 CFR
your estimate in sufficient detail to part 745, subpart E. Subpart E currently
(NAICS 611519), e.g., training providers.
allow for it to be reproduced. contains the Pre-Renovation Education
• Engineering services (NAICS
vi. Provide specific examples to Rule requirements. As discussed in Unit
541330) and building inspection
illustrate your concerns, and suggest IV.B., the requirements in this proposal
services (NAICS 541350), e.g., dust
alternatives. would apply to renovations currently
sampling technicians.
vii. Explain your views as clearly as regulated by the Pre-Renovation
This listing is not intended to be Education Rule. As a result, 40 CFR part
exhaustive, but rather provides a guide possible, avoiding the use of profanity,
obscene language, or personal threats. 745, subpart E would be a logical place
for readers regarding entities likely to be to codify these requirements. In order to
affected by this action. Other types of viii. Make sure to submit your
comments by the comment period do so, EPA is proposing to remove some
entities not listed in this unit could also existing sections from this subpart and
be affected. The North American deadline.
replace them with new sections.
Industrial Classification System II. Background EPA is proposing to delete 40 CFR
(NAICS) codes have been provided to 745.84 because it is duplicative. This
assist you and others in determining A. What Action is the Agency Taking?
section provides some details on
whether this action might apply to EPA is proposing new requirements to submitting CBI and how EPA will
certain entities. To determine whether reduce the exposure to lead hazards handle that information. However,
you or your business may be affected by created by renovation, repair, and comprehensive regulations governing
this action, you should carefully painting activities that disturb lead- sensitive business information,
examine the applicability provisions in based paint. This action supports the including CBI under TSCA, are codified
§ 745.82 of the proposed rule. If you attainment of the Federal government’s in 40 CFR part 2. The regulations in 40
have any questions regarding the goal of eliminating childhood lead CFR part 2 set forth the procedures for
applicability of this action to a poisoning by 2010. The proposal would making a claim of confidentiality and
particular entity, consult the technical establish requirements for training describe the rules governing EPA’s
person listed under FOR FURTHER renovators and dust sampling release of information. Therefore, 40
INFORMATION CONTACT. technicians; certifying renovators, dust CFR 745.84 is superfluous. EPA is
sampling technicians, and renovation proposing to delete this section and
B. What Should I Consider as I Prepare firms; accrediting providers of
My Comments for EPA? redesignate existing § 745.85 as
renovation and dust sampling § 745.84. EPA is also proposing to
1. Submitting CBI. Do not submit this technician training; and renovation amend newly designated § 745.84 so as
information to EPA through EDOCKET, work practices. These requirements to place the responsibility for carrying
regulations.gov, or e-mail. Clearly mark would apply in ‘‘target housing,’’ out the information distribution
the part or all of the information that defined in TSCA section 401 as any requirements on the firm conducting the
you claim to be CBI. For CBI housing constructed before 1978, except renovation rather than the certified
information in a disk or CD ROM that housing for the elderly or persons with renovator.
you mail to EPA, mark the outside of the disabilities (unless any child under age EPA is also proposing to delete 40
disk or CD ROM as CBI and then 6 resides or is expected to reside in such CFR 745.88. This section provides
identify electronically within the disk or housing) or any 0-bedroom dwelling. sample pamphlet acknowledgment
CD ROM the specific information that is Initially the rule would apply to all statements and sample attempted
claimed as CBI. In addition to one renovations for compensation delivery certification statements. These
complete version of the comment that performed in target housing where a statements may, but are not required to,
includes information claimed as CBI, a child with an increased blood lead level be used by renovators for the purpose of
copy of the comment that does not resides; rental target housing built complying with the recordkeeping
contain the information claimed as CBI before 1960; and owner-occupied target requirements of the Pre-Renovation
must be submitted for inclusion in the housing built before 1960, unless the Education Rule. EPA is making
public docket. Information so marked person performing the renovation available in the docket and on its Web
will not be disclosed except in obtains a statement signed by the page new sample statements to assist
accordance with procedures set forth in owner-occupant that the renovation will renovation firms in complying with the
40 CFR part 2. occur in the owner’s residence and that Pre-Renovation Education Rule as well
as the provisions of this proposal (Ref. hearing and visual impairment, and Administration (OSHA) issued
1). More information on the other damage to the brain and nervous regulations to protect general industry
recordkeeping requirements of this system (Refs. 3 and 4). The effects of workers from lead exposure (Ref. 8).
proposal can be found in Units III.B. long-term lead exposure or poisoning in OSHA issued regulations in 1993 to
through III.D. children are well-documented: Higher protect construction workers, including
school failure rates and reductions in abatement workers, from lead exposure
B. What is the Agency’s Authority for lifetime earnings due to permanent loss (Ref. 9). In 1973, EPA issued regulations
Taking this Action? of intelligence and increased social designed to gradually reduce the
These training, certification and pathologies (Ref. 3). amount of lead in leaded gasoline (Ref.
accreditation requirements and work In large doses, lead can cause 10). EPA lowered the maximum levels
practice standards are being proposed blindness, brain damage, convulsions, of lead permitted in public water
pursuant to the authority of TSCA and even death. Lead exposure before or systems in 1991 (Ref. 11). The Centers
section 402(c)(3), 15 U.S.C. 2682(c)(3), during pregnancy can affect fetal for Disease Control and Prevention
as amended by Title X of the Housing development and cause miscarriages, as (CDC) set and lowered blood lead
and Community Development Act of lead can pass from a pregnant woman’s ‘‘levels of concern’’ several times, as
1992, Public Law 102–550 (also known bloodstream to the developing child. new studies showed the impact of lead
as the Residential Lead-Based Paint There is also some indication that lead levels on children’s health (Ref. 12).
Hazard Reduction Act of 1992) (‘‘the exposure contributes to high blood (The level of concern is the level where
Act’’ or ‘‘Title X’’) (Ref. 2). The Model pressure and reproductive and memory medical and environmental case
State Program and amendments to the problems in adults (Ref. 5). According to management activities should be
regulations on the authorization of State EPA’s Integrated Risk Information implemented.) The Department of
and Tribal programs with respect to System (IRIS), by comparison to most Housing and Urban Development (HUD)
renovators and dust sampling other environmental toxicants, the began to abate lead hazards in public
technicians are being proposed pursuant degree of uncertainty about the health housing that was being renovated or in
to section 404 of TSCA, 15 U.S.C. 2684. effects of lead is quite low and it structures occupied by a child with
appears that some effects, particularly elevated blood lead levels. These efforts,
III. Introduction changes in the levels of certain blood and those of State and local agencies
A. Information on Lead, Health Effects, enzymes as well as changes in aspects and the private sector, reduced the
and History of children’s neurobehavioral incidence of lead poisoning.
development, may occur at blood levels In 1991, the Secretary of the
Lead is a soft, bluish metallic element so low as to be essentially without a Department of Health and Human
mined from rock and found in its threshold (Ref. 6). Services (HHS) characterized lead
natural state all over the world. Lead is Paint that contains lead can pose a poisoning as the ‘‘number one
virtually indestructible, is persistent, health threat through various routes of environmental threat to the health of
and has been known since antiquity for exposure. House dust is the most children in the United States’’ (Ref. 13,
its adaptability in making various useful common exposure pathway through p. A-3). Preventing Lead Poisoning in
items. In modern times, it has been used which children are exposed to lead Young Children; A Statement By the
to manufacture many different products, paint hazards. Dust created during Centers For Disease Control and
including paint, batteries, pipes, solder, normal lead-based paint wear Prevention, identified lead-based paint
pottery, and gasoline. Through the (especially around windows and doors) as the major source of high-dose lead
1940’s, paint manufacturers frequently can create an invisible film over poisoning in the United States (Ref. 12,
used lead as a primary ingredient in surfaces in a house. Children, pp. 7–10). Although CPSC’s ban on high
many oil-based interior and exterior particularly younger children, may also lead levels in residential paint was an
house paints. Usage gradually decreased ingest lead-based paint chips from important and necessary step in
through the 1950’s and 1960’s as flaking walls, windows, and doors. Lead reducing the number of lead-poisoned
titanium dioxide replaced lead and as from exterior house paint can flake off children, millions of houses still
latex paints became more widely or leach into the soil around the outside contained old leaded paint.
available. of a home, contaminating children’s
According to the Centers for Disease play areas. Cleaning and renovation B. The Federal Lead-based Paint
Control, there is no known safe blood activities may actually increase the Program.
lead level (Ref. 3). Health effects threat of lead-based paint exposure by 1. Title X and the Federal goal.
associated with exposure to lead and dispersing lead dust particles in the air Primarily in response to this persistent
lead compounds include, but are not and over accessible household surfaces. health threat, in 1992 Congress enacted
limited to, neurotoxicity, developmental In turn, both adults and children can Title X. Congress found that low-level
delays, hypertension, impaired hearing receive hazardous exposures by inhaling lead poisoning was widespread among
acuity, impaired hemoglobin synthesis, the dust or by ingesting paint-dust American children, affecting, at that
and male reproductive impairment during hand-to-mouth activities. time, as many as 3,000,000 children
(Refs. 3 and 4). Lead bioaccumulates, In the last 3 decades of the 20th under age 6; that the ingestion of
and it is difficult to remove from blood century, various agencies of the Federal household dust containing lead from
and bones. Lead exposure in young government took independent actions to deteriorating or abraded lead-based
children is of particular concern address lead exposure. In 1978, the paint was the most common cause of
because children absorb lead more Consumer Product Safety Commission lead poisoning in children; and that the
readily than adults (Refs. 3 and 4). (CPSC) banned the use of paint health and development of children
Children have a higher risk of exposure containing more than 0.06% lead by living in as many as 3,800,000 American
because of their more frequent hand-to- weight on toys, furniture, and interior homes was endangered by chipping or
mouth behavior (Ref. 3). Low levels of and exterior surfaces in housing and peeling lead paint, or excessive amounts
lead in a child’s bloodstream can other buildings and structures used by of lead-contaminated dust in their
interfere with growth and cause consumers (Ref. 7). Also in 1978, the homes. Congress determined that the
cognitive impairment, permanent Occupational Safety and Health prior Federal response to this crisis was
insufficient and established, in Title X, childhood lead poisoning by the year 402(a) directs EPA to promulgate
a national goal of eliminating lead-based 2010. This proposed rule is an regulations covering lead-based paint
paint hazards in housing as important component of the Federal activities to ensure persons performing
expeditiously as possible. Congress strategy for achieving this goal. In these activities are properly trained, that
decided that the Federal government October 2001, President Bush extended training programs are accredited, and
would take a leadership role in building the work of the Task Force for an that contractors performing these
the infrastructure necessary to achieve additional 18 months beyond its activities are certified. These regulations
this goal. original charter (Ref. 14). Reducing lead must contain standards for performing
The stated purposes of Title X are: poisoning in children was the Task lead-based paint activities, taking into
• To develop a national strategy to Force’s top priority. account reliability, effectiveness, and
build the infrastructure necessary to Childhood lead exposure continues to safety.
eliminate lead-based paint hazards in all be a major public health problem among On August 29, 1996, EPA
housing as expeditiously as possible. young children in the United States. promulgated final regulations under
• To reorient the national approach to Most children with blood lead levels in TSCA section 402(a) governing lead-
the presence of lead-based paint in excess of CDC’s current level of concern based paint inspections, lead hazard
housing to implement, on a priority have been exposed to lead in non-intact screens, risk assessments, and
basis, a broad program to evaluate and paint, interior settled dust, and dust and abatements in target housing (Ref. 16).
reduce lead-based paint hazards in the soil in and around deteriorating older TSCA section 401 defines ‘‘target
Nation’s housing stock. housing (Ref. 15). The nature and extent housing’’ as any housing constructed
• To encourage effective action to of the problems associated with prior to 1978, except housing for the
prevent childhood lead poisoning by residential lead-based paint have been elderly or persons with disabilities
establishing a workable framework for thoroughly investigated. Approximately (unless any child who is less than 6
lead-based paint hazard evaluation and 40% of all U.S. housing units (about 38 years of age resides or is expected to
reduction and by ending the current million homes) have some lead-based reside in such housing for the elderly or
confusion over reasonable standards of paint. Use of lead-safe work practices persons with disabilities) or any 0-
care. during renovation can advance the goal bedroom dwelling. These regulations
• To ensure that the existence of lead- of primary prevention of lead poisoning also apply to ‘‘child-occupied
based paint hazards is taken into (Ref. 15). facilities,’’ which are defined at 40 CFR
account in the development of 2. EPA’s lead-based paint program. 745.223 as buildings constructed before
Government housing policies and in the Under Title X, EPA is directed to take 1978, or portions of such buildings,
sale, rental, and renovation of homes actions that can be divided into 4 key where children under age 6 are regularly
and apartments. categories: present.
• To mobilize national resources • Establishing a training and TSCA section 402 defines lead-based
expeditiously, through a partnership certification program for persons paint activities in target housing as
among all levels of government and the engaged in lead-based paint activities, inspections, risk assessments and
private sector, to develop the most accrediting training providers, abatements. The 1996 regulations cover
promising, cost-effective methods for establishing work practice standards for lead-based paint activities in target
evaluating and reducing lead-based the safe, reliable, and effective housing and child-occupied facilities,
paint hazards. identification and elimination of lead- along with limited screening activities
• To reduce the threat of childhood based paint hazards, and developing a called lead hazard screens. The
lead poisoning in housing owned, program to address exposure to lead- regulations also established an
assisted, or transferred by the Federal based paint hazards from renovation accreditation program for training
Government. and remodeling activities. providers and a certification program for
• To educate the public concerning • Ensuring that, for most housing individuals and firms performing these
the hazards and sources of lead-based constructed before 1978, lead-based activities.
paint poisoning and steps to reduce and paint information flows from sellers to Training providers who wish to
eliminate such hazards. purchasers, from landlords to tenants, provide lead-based paint training for the
(Ref. 2). To accomplish this ambitious and from renovators to owners and purposes of the Federal lead-based paint
goal, a number of agencies were occupants. program must be accredited by EPA.
assigned specific responsibilities under • Establishing standards for Implementing regulations at 40 CFR
Title X, including HUD, CDC, OSHA, identifying dangerous levels of lead in 745.225 describe in detail the
the National Institute for Occupational paint, dust and soil. requirements for each course of study,
Safety and Health (NIOSH), and EPA. • Providing information on lead how training programs must be
The elimination of lead-based paint hazards to the public, including steps operated, and the process for obtaining
hazards in the nation’s housing remains that people can take to protect accreditation. Training programs must
an important goal for the Federal themselves and their families from lead- have a training manager with experience
government. In 1997, President Clinton based paint hazards. or education in a construction or
created the President’s Task Force on Each of these categories is discussed in environmental field, and a principal
Environmental Health Risks and Safety more detail in the following sections. instructor with experience or education
Risks to Children in response to a. Training and certification, in a related field and education or
increased awareness that children face accreditation, and work practice experience in teaching adults. Training
disproportionate risks from standards. Title X added a new title to programs must also have adequate
environmental health and safety TSCA entitled ‘‘Title IV Lead Exposure facilities and equipment for delivering
hazards. Co-chaired by the Secretary of Reduction.’’ Most of EPA’s the training. To become accredited, an
HHS and the Administrator of the EPA, responsibilities for addressing lead- application for accreditation must be
the Task Force consisted of based paint hazards can be found in this submitted to EPA on behalf of the
representatives from 16 Federal title, with section 402 being one source training program. The application must
departments and agencies. The Task of the rulemaking authority to carry out either include the course materials and
Force set a Federal goal of eliminating these responsibilities. TSCA section syllabus, or a statement that EPA model
materials or materials approved by an control, dry scraping, and heat guns at course providers, 1,300 certified firms,
authorized State or Tribe will be used. high settings are prohibited; and a 500 certified inspectors, 1,400 certified
The application must also include a visual inspection and dust clearance risk assessors, 60 certified project
description of the facilities and sampling must be performed after the designers, 1,000 certified abatement
equipment that will be used, a copy of abatement is finished to ensure that the supervisors, and 2,800 certified
the test blueprint for each course, a area is ready for re-occupancy. Any abatement workers. EPA believes that,
description of the activities and samples collected during any of these in most areas of the country, there is an
procedures that will be used during the regulated lead-based paint activities adequate supply of accredited courses
hands-on skills portion of each course, must be analyzed by a laboratory and certified firms and individuals
a copy of the quality control plan, and recognized by EPA as being capable of available to meet the demand for lead-
the correct amount of fees. If EPA finds analyzing paint chips, dust, and soil for based paint services. This is a
that the program meets the regulatory lead. Requirements for inspection, lead significant part of the national
requirements, it will accredit the hazard screen, risk assessment or infrastructure necessary to achieve the
training program for 4 years. To abatement reports are also described in goal of eliminating lead-based paint
maintain accreditation, the training this section. hazards in housing.
program must submit an application Recognizing the importance of States In addition, Congress directed EPA, in
and the correct amount of fees every 4 and Territories in achieving the goal of TSCA section 405, to establish
years. eliminating lead-based paint hazards in protocols, criteria, and minimum
Individuals and firms that perform housing, Congress specifically directed performance standards for analysis of
inspections, lead hazard screens, risk EPA to establish a model State program lead in paint, dust, and soil. TSCA
assessments, or abatements in target and a process for authorizing States to section 405 further directed EPA, in
housing or child-occupied facilities operate such programs in lieu of the consultation with HHS, to develop a
must be certified. Certification Federal program. Concurrently with the program to certify qualified laboratories.
requirements and the process for subpart L rulemaking in 1996, EPA The National Lead Laboratory
becoming certified are described in 40 codified, at 40 CFR part 745, subpart Q, Accreditation Program (NLLAP)
CFR 745.226. A firm that wishes to a model training and certification provides the public with a list of
become certified must submit an program and a process for enabling laboratories that have met EPA
application, along with the correct States, Territories, and Tribes to apply requirements and demonstrated the
amount of fees, attesting that it will use for authorization to administer their capability to accurately analyze paint
only certified individuals to perform own lead-based paint activity programs. chip, dust, or soil samples for lead. All
lead-based paint activities and that it Providing Indian Tribes with this laboratories recognized by NLLAP must
will follow the work practice standards opportunity is consistent with EPA’s pass on-site audits conducted by one of
in 40 CFR 745.227. An individual who Policy for the Administration of the two accrediting organizations
wishes to become certified must take an Environmental Programs on Indian currently participating in NLLAP, the
accredited training course in at least one Reservations (Ref. 17). EPA also American Industrial Hygiene
of the certified disciplines: Inspector, provides grants under TSCA section 404 Association (AIHA), and the American
risk assessor, project designer, to States, Territories, and Tribes to assist Association for Laboratory
abatement worker, and abatement them in developing and administering Accreditation. Recognized laboratories
supervisor. The risk assessor, project these programs, as well as programs must also perform successfully on a
designer, and abatement supervisor implementing TSCA section 406(b), continuing basis in the Environmental
disciplines have additional discussed in this Unit. Lead Proficiency Analytical Testing
requirements for education or On June 9, 1999, the subpart L (ELPAT) Program established by
experience in a construction or regulations were amended to include a NIOSH, AIHA, and EPA.
environmental field. The inspector, risk fee schedule for training programs b. Lead-based paint information for
assessor, and abatement supervisor seeking EPA accreditation and for purchasers, renters, owners, and
disciplines also require the applicant to individuals and firms seeking EPA occupants of target housing. Another of
pass a certification examination certification (Ref. 18). These fees were EPA’s responsibilities under Title X is
administered by a third party. established as directed by TSCA section to require that purchasers and tenants of
The regulations at 40 CFR part 745, 402(a)(3), which requires EPA to recover target housing and occupants of target
subpart L, also contain work practice the cost of administering and enforcing housing undergoing renovation are
standards for performing inspections, the lead-based paint activities provided information on lead-based
lead hazard screens, risk assessments requirements in unauthorized States. paint and lead-based paint hazards. As
and abatements in target housing and The most recent amendment to the directed by TSCA section 406(a), CPSC,
child-occupied facilities. The subpart L regulations occurred on April HUD, and EPA, in consultation with
regulations contain specific 8, 2004, when notification requirements CDC, jointly developed a lead hazard
requirements for conducting paint were added to help EPA monitor information pamphlet entitled ‘‘Protect
sampling during an inspection and compliance with the training and Your Family From Lead in Your Home’’
specify information that must be certification provisions and the (‘‘PYF’’) (Ref. 20). The availability of
gathered and samples that must be taken abatement work practice standards (Ref. this pamphlet was announced on
as part of a lead hazard screen or risk 19). August 1, 1995 (Ref. 21). This pamphlet
assessment. The requirements for As of December 2005, 44 programs was designed to be distributed as part of
abatements are also set forth in the comprised of 39 States, 3 Tribes, Puerto the disclosure requirements of section
Rico, and the District of Columbia were
regulations. When conducting 1018 of Title X and TSCA section

abatements, an occupant protection plan authorized to administer lead-based 406(b), to provide home purchasers,
must be prepared by a certified paint activity programs. In the renters, owners, and occupants with the
supervisor or project designer; certain remaining jurisdictions, where EPA is information necessary to allow them to
work practices such as open-flame responsible for administering the make informed choices when selecting
burning, machine sanding or abrasive subpart L regulations, there were housing to buy or rent, or deciding on
blasting without high-efficiency exhaust approximately 55 accredited training home renovation projects. The pamphlet
contains information on the health development of standards for other Federal agencies and its State,
effects of lead, how exposure can occur, identifying dangerous levels of lead in Tribal, and local government partners in
and steps that can be taken to reduce or paint, dust and soil. These standards, developing outreach campaigns targeted
eliminate the risk of exposure during promulgated pursuant to TSCA section for the Women, Infants and Children
various activities in the home. 403 on January 5, 2001 and codified at (WIC) program, Little League Baseball,
Pursuant to the authority provided in 40 CFR part 745, subpart D, provide and Spanish-speaking populations.
section 1018 of Title X, on March 6, various Federal agencies, including Recently, EPA worked with the National
1996, HUD and EPA jointly HUD, and State, local and Tribal Head Start Association to develop a lead
promulgated regulations requiring governments with uniform benchmarks poisoning prevention campaign entitled
persons who are selling or leasing target on which to base decisions on remedial ‘‘Give Your Child a Chance of a
housing to provide the PYF pamphlet actions to safeguard children and the Lifetime.’’ The campaign consisted of a
and information on known lead-based public from lead-based paint hazards number of lead awareness documents,
paint and lead-based paint hazards in (Ref. 24). These standards also allow including a brochure for parents, fact
the housing to purchasers and renters certified inspectors and risk assessors to sheets for Head Start staff, and a
(Ref. 22). These joint regulations, easily determine whether a particular curriculum for Head Start teachers. Lead
codified at 24 CFR part 35, subpart A, situation presents a lead-based paint awareness outreach materials were
and 40 CFR part 745, subpart F, describe hazard and whether to recommend provided to Head Start Centers in New
in detail the information that must be remedial actions such as lead-based York, Chicago, Philadelphia, Houston,
provided before the contract or lease is paint abatement, cleaning of dust, or and Los Angeles. The material was also
signed and require that sellers, removal of soil. The standards define distributed at the National Head Start
landlords, and agents document lead-based paint hazards in target Association Training Conferences. EPA
compliance with the disclosure housing and child-occupied facilities as has also been involved in developing
requirements in the contract to sell or paint-lead, dust-lead, and soil-lead model tool kits of various educational
lease the property. Title X does not hazards. A paint-lead hazard is defined tools to provide to partners, such as
provide for these requirements to be as any damaged or deteriorated lead- slogans and graphic materials for public
administered by States or Tribes in lieu based paint, any chewable lead-based buses, trains, and mass transit stations.
of the Federal regulations. Therefore, painted surface with evidence of teeth EPA has used its authority under
HUD and EPA are responsible for marks, or any lead-based paint on a TSCA section 10 to award grants to
administering and enforcing these friction surface if lead dust levels Tribes to support Tribal educational
disclosure obligations. underneath the friction surface exceed outreach and to conduct baseline
TSCA section 406(b) directs EPA to the dust-lead hazard standards. A dust- assessments of Tribal children’s existing
promulgate regulations requiring lead hazard is surface dust that contains and potential exposure to lead. In fiscal
persons who perform home renovations year 2005, EPA began a new targeted
a mass-per-area concentration of lead
for compensation to provide a lead grant program aimed at reducing the
equal to or exceeding 40 micrograms per
hazard information pamphlet to owners incidence of childhood lead poisoning
square foot (µg/ft2) on floors or 250 µg/
and occupants of target housing being in vulnerable populations (Ref. 25).
ft2 on interior window sills based on
renovated. These regulations, These grants are providing funding for
wipe samples. A soil-lead hazard is bare
promulgated on June 1, 1998, are proven or innovative programs in areas
soil that contains total lead equal to or
codified at 40 CFR part 745, subpart E with high rates of childhood lead
exceeding 400 parts per million (µg/g) in
(Ref. 23). The term ‘‘renovation’’ is poisoning, and in areas where rates are
a play area or average of 1,200 parts per
defined, at 40 CFR 745.83, as the unknown but other conditions suggest
million of bare soil in the rest of the
modification of any existing structure, high rates may exist.
or portion of a structure, that results in yard based on soil samples. TSCA section 405(e) further directs
the disturbance of painted surfaces. d. Public outreach and education. EPA to establish, in connection with
Lead-based paint abatement projects are Among other things, TSCA section HUD, CDC, other Federal agencies, and
specifically excluded, as are small 405(d) directs EPA, along with the State and local governments, a
projects that disturb 2 square feet (ft2) or Agency for Toxic Substances and clearinghouse for information on lead-
less of painted surfaces, emergency Disease Registry (ATSDR) and HUD, to based paint and a hotline for the public
projects, and renovations affecting sponsor public education and outreach to use for questions and requests for
components that have been found to be activities to increase public awareness information on lead-based paint. This
free of lead-based paint, as that term is of the health effects of lead, the clearinghouse, the National Lead
defined in the regulations, by a certified potential for exposures, the importance Information Center, handles
inspector or risk assessor. Like the of screening children for elevated blood approximately 50,000 calls per year, and
regulations regarding disclosure during lead levels, and measures that can be disseminates up to 500,000 documents
sales or leases, these regulations require taken to reduce or eliminate lead-based per year to the public.
the renovation firm to document paint hazards. Accordingly, EPA has 3. Lead-based paint programs at other
compliance with the requirement to worked to provide the public with Federal agencies. In addition to EPA,
provide the owner and the occupant information and increase public other Federal agencies have important
with the PYF pamphlet. One important awareness of such matters. To date, roles in achieving the goals of reducing
difference from the disclosure these activities have included web site or eliminating lead-based paint hazards
requirements in section 1018 of Title X management, development of public in housing, as well as the national goal
is that TSCA section 404 allows States outreach strategies, development of of eliminating childhood lead poisoning
partnership agreements, distribution of
to apply for, and receive authorization by 2010. Other agencies specifically

to administer, the TSCA section 406(b) materials, participation in national assigned tasks in Title X include HUD,
requirements. Two States are currently conferences and exhibits, and CDC, and OSHA.
authorized to operate this program. developing hazard information The Federal agencies have long
c. Standards for lead in paint, dust, documents (and other media, such as realized that they must work together to
and soil. Another responsibility videos), as necessary to implement Title develop and implement Federal
assigned to EPA by Title X is the X. EPA has collaborated closely with strategies for addressing lead-based
paint hazards in order to be efficient (LEAP), the Lead Outreach program and program to measure their effectiveness,
and effective. In 1989, HUD and EPA the Lead Technical Studies program. cost and safety; and maintaining a
formed an inter-agency task force to HUD was also given regulatory community outreach program in
work through issues associated with authority over some aspects of lead- coordination with the other Federal
lead-based paint abatement. The Federal based paint hazard control. As noted agencies involved in lead-based paint
Interagency Lead Based Paint Task previously, on March 6, 1996, HUD and hazard reduction.
Force has remained active throughout EPA jointly promulgated regulations CDC also provides significant funding
the years and continues to meet on a requiring the disclosure of lead-based for the prevention of childhood lead
quarterly basis. Participating agencies paint information during sale or lease poisoning. CDC provides funding to
include the Department of Defense, the transactions involving target housing. support State, city and county programs
Veterans Administration, the National The HUD disclosure regulations are in the areas of primary prevention, case
Institute of Standards and Technology codified at 24 CFR part 35, subpart A. management and screening,
(NIST), the U.S. Public Health Service, Subparts B through R of 24 CFR part 35 surveillance, strategic partnerships, and
are known as the ‘‘Lead Safe Housing program evaluation. Since 2002, CDC
the National Aeronautics and Space
Rule,’’ initially promulgated on has recommended that a blood lead
Administration (NASA), the United
September 15, 1999, and updated in level of 10 micrograms per deciliter (µg/
States Department of Agriculture
June 2004 (Ref. 26). This rule was dL) be used as a threshold for individual
(USDA), the Government Accountability designed to protect young children from intervention (Ref. 28). Additional CDC
Office (GAO), the National Institute for lead-based paint hazards in target recommendations address the type and
Environmental Health Sciences housing that is being sold by the Federal intensity of individual intervention
(NIEHS), ATSDR, CDC, CPSC, NIOSH, government or receives financial strategies that should be undertaken,
OSHA, HUD, and EPA. This Task Force assistance from the government. The depending upon the child’s blood lead
serves as an important forum for requirements generally depend upon the level. These strategies range from
coordinating the strategic plans of the level of assistance being provided, and nutritional and educational
Federal agencies who have may include such things as inspections, interventions, along with more frequent
responsibilities under Title X or who risk assessments, abatement, paint testing, for a child with a blood lead
have responsibilities for maintaining stabilization, or interim controls, which level of 10–14 µg/dL, to medical and
and disposing of property that may are temporary measures to reduce environmental interventions for
contain lead-based paint. potential exposure to lead-based paint children with blood lead levels above 45
Title X assigned certain hazards. The emphasis is on reducing µg/dL (Ref. 28). CDC has established a
responsibilities to HUD. One of HUD’s lead-based paint hazards, so, after paint national surveillance system for
functions is the administration of the is disturbed, a visual assessment for children with elevated blood lead
Lead-Based Paint Hazard Control Grant surface dust, debris, and residue and levels. In addition, CDC works with
Program established by the Act. This dust clearance testing is required to HUD and EPA to coordinate outreach
program provides grants of $1 million to ensure that no dust lead hazards were and education campaigns.
$3 million to State and local created or left in the work area or, for OSHA is another agency with
governments for control of lead-based rehabilitation projects of moderate or regulatory authority under Title X. As
paint hazards in privately-owned, low- substantial scope, in the entire housing directed by the Act, OSHA promulgated
income owner-occupied and rental unit. More information on the Lead Safe an interim final standard on May 4,
Housing Rule is available on the HUD 1993, which regulates lead exposures in
housing that is not receiving federal
website at http://www.hud.gov/offices/ the construction industry (Ref. 9). This
assistance. These grants are also
lead/leadsaferule/index.cfm or by standard, codified at 29 CFR 1926.62,
designed to stimulate the development
calling (202) 755–1785, extension 104. limits worker exposures to 50
of a trained and certified hazard
Section 1017 of Title X required HUD micrograms of lead per cubic meter of
evaluation and control industry.
to issue ‘‘guidelines for the conduct of air averaged over an 8–hour workday.
Evaluation and hazard control work federally supported work involving risk Employers must use a combination of
funded by the program must be assessments, inspections, interim engineering controls and work practices
conducted by either contractors who are controls, and abatement of lead-based to reduce employee exposure as much
certified by EPA or an EPA-approved paint hazards.’’ In response to this as possible, using appropriate
State or Tribal program, or by directive, HUD completed the respiratory protection where necessary
contractors trained in lead-safe work Guidelines for the Evaluation and to achieve the exposure limit.
practices, in the case of interim controls. Control of Lead-Based Paint Hazards in Employees must receive training on the
Through these requirements, HUD Housing (Guidelines), in June 1995 (Ref. health effects of lead and how to limit
hopes to create infrastructure that will 27). The Guidelines provide detailed, exposure through proper work practices
last beyond the life of the grant. In comprehensive, technical information and personal protective equipment.
awarding grants, HUD promotes the use on how to identify lead-based paint Exposure monitoring and medical
of cost-effective approaches to hazard hazards in housing and how to control monitoring, including blood lead
control that can be replicated across the such hazards safely and efficiently. testing, are also required. This standard
nation. Since 1993, approximately $971 Other core activities of HUD’s lead- remains in effect and OSHA retains the
million has been awarded to over 200 based paint program include providing authority to protect workers from
local and State jurisdictions across the technical assistance to housing occupational exposure to lead.
country. The work approved to date will authorities, nonprofit housing Many Federal agencies have been
lead to the control of lead-based paint providers, local and State agencies, working to reduce or eliminate lead-
hazards in more than 70,000 homes other Federal agencies, housing based paint hazards in housing and to
where young children reside or are developers, inspectors, real estate end childhood lead poisoning. EPA,
expected to reside. Other HUD lead professionals, contractors and HUD, and other Federal agencies have
grant programs include the Lead Hazard financiers, and public health been working for many years on the
Reduction Demonstration program, the authorities; evaluating the hazard problem of lead-based paint hazards
Lead Elimination Action Program reduction methods used in the grant that can be created during renovation
and remodeling activities in housing. • Exterior soil disruption. This phase of the study also examined
This rulemaking is an important • Major renovation projects involving the effectiveness of two popular
component of the Federal strategy for multiple target activities. cleaning methods, broom sweeping and
eliminating childhood lead poisoning. 1. Renovation and remodeling study. shop-vacuuming, for removing settled
The study itself was conducted in 4 lead-dust. Although these data indicate
C. EPA Activities Related to This phases; each phase was peer reviewed that standard broom sweeping or shop-
Rulemaking. and the results of the peer reviews are vacuuming can remove a high
TSCA section 402(c) addresses discussed in the study reports (Refs. 30, percentage of the dust (up to 99%), lead
renovation and remodeling. For the 31, 32, and 37). The approach and loadings nevertheless remained
stated purpose of reducing the risk of conclusions for each phase are consistently above the TSCA section
exposure to lead in connection with summarized in this Unit. 403 standard. In addition, the data show
renovation and remodeling activities, a. Phase I. The approach taken for that standard cleanup techniques
section 402(c)(1) requires EPA to Phase I, Environmental Field Sampling sometimes disperse lead dust
promulgate and disseminate guidelines Study (Ref. 30), involved a series of case throughout the work area, thereby
for the conduct of such activities which studies and included data collection increasing lead levels in areas more
may create a risk of exposure to efforts for the following target activities: distant from the work area. Accordingly,
dangerous levels of lead. In response to • Paint removal by abrasive sanding. EPA has concluded that standard broom
this statutory directive, EPA developed • Removal of large structures, sweeping or shop-vacuuming are not
the guidance document entitled including demolition of interior plaster reliable or effective methods for
Reducing Lead Hazards when walls. removing lead-based paint hazards
Remodeling Your Home in consultation • Window replacement. created by typical renovation and
with industry and trade groups (Ref. 29). • Carpet removal. remodeling activities.
This document has been widely • HVAC repair or replacement, Worker air-monitoring samples,
disseminated to renovation and including duct work. indicating the degree of worker
• Repairs resulting in isolated small inhalation exposure, were also collected
remodeling stakeholders through the
surface disruptions, including drilling during this phase of the study. These
National Lead Information Center, EPA
and sawing into wood and plaster. data suggest that some renovation and
Regions, and EPA’s State and Tribal Exterior siding, wallpaper removal, and
partners and is available at remodeling activities could result in
exterior soil disruption were excluded worker exposure that exceeds OSHA’s
www.epa.gov/lead/rrpamph.pdf. because the study design team and the
TSCA section 402(c)(2) directs EPA to permissible exposure limit (PEL) for
individuals consulted in the lead of 50 µg/m3. OSHA’s PEL is based
study the extent to which persons
information-gathering phase generally on an 8–hour time-weighted average
engaged in various types of renovation
considered these target activities to be of (TWA), which is an average exposure
and remodeling activities are exposed to
secondary importance. The last over one 8–hour shift. This study
lead during such activities or create a
category, repairs resulting in isolated measured only average exposures over
lead-based paint hazard regularly or
small surface disruptions, was the duration of a particular activity,
occasionally. The terms ‘‘renovation’’
represented by drilling holes and which would be equivalent to an 8–hour
and ‘‘remodeling’’ are not defined by the
sawing into wood and plaster covered TWA for a worker only if it is assumed
statute. For assistance in selecting the
with lead-based paint. that the monitored activity is performed
activities to be studied, and in otherwise After the completion of each activity,
defining the scope of this study, EPA for 8 hours in a day. However, the
dust samples were collected within one worker exposure data generated in this
consulted with persons from national foot of where the activity occurred and
committees, major trade industries, study indicate that some exposures are
approximately 5 to 6 feet away from the likely to be so high that conducting the
Federal and State governmental location of the activity. Samples were
agencies, academia, and medical activity for only a short time would
collected in a manner that excluded any result in an 8–hour TWA that exceeds
institutions who were involved in lead contribution of pre-existing leaded dust
research and policy making. After the OSHA PEL. For example, worker
at the sample location (Ref. 30). With exposures monitored during power
receiving individual input from these the exception of carpet removal and
consultations and a meeting in April sanding and sawing into wood were so
drilling into plaster, the results from the high that it is estimated that 45 minutes
1993, with a number of the contacted samples taken within one foot of the
individuals, EPA identified the of performing these activities would
activity indicated that these activities result in an exposure that exceeded the
following 11 categories of renovation produce lead loadings on the floor that
and remodeling activities with the PEL.
exceed the TSCA section 403 hazard b. Phase II. Phase II of the study,
potential for resulting in exposure to standards of 40 µg/ft2 for lead in dust.
lead: Worker Characterization and Blood-
EPA has already determined that Lead Study, continued to address
• Paint removal.
• Surface preparation. loadings exceeding this level can cause worker exposure (Ref. 31). This phase
• Removal of large structures adverse health effects. In the case of involved collecting data on blood
(demolition). paint removal, the estimated average samples and questionnaires from 585
• Window replacement. lead loading in a 6 foot by one foot area renovation and remodeling workers
• Enclosure of exterior painted extending away from the activity was from Philadelphia and St. Louis. The
surfaces (i.e., siding). 42,900 µg/ft2, or greater than 1,000 times questionnaire focused on demographic
• Carpet or other floor covering the TSCA section 403 dust-lead hazard and background information such as
standard. For paint removal, window
removal. work history, work habits, and hobbies.

• Wallpaper removal. replacement, HVAC work, demolition of Questionnaire data also indicated that
• HVAC (central heating system) interior plaster walls, and sawing into few renovation and remodeling
repair or replacement including duct wood, the samples taken 6 feet away professionals were using respirators or
work. from the activity also indicated lead high energy particulate air (HEPA)
• Repairs or additions resulting in loadings at levels well in excess of the vacuums. Blood samples were collected
isolated small surface disruptions. TSCA section 403 standard. from 581 of the 585 workers. Of these
samples, 9.1% were above 10 µg/dL, confounding factors may have In addition, a case-control study
1.2% were above 25 µg/dL, and one contributed to the blood lead levels. In assessed the association between
worker had a blood-lead concentration addition, this phase yielded several elevated blood lead levels in children
greater than 40 µg/dL. The geometric surprising results, including evidence of younger than 5 and renovation or repair
mean blood-lead concentration for all an increased risk of elevated blood lead activities in homes in New York City. A
workers was 4.5 µg/dL. A statistical levels in homes that were built after statistically significant correlation
model was developed and fit to the data 1978, the date lead-based paint was between renovation and repair work
that included effects for variables banned, although the report did offer that involved preparing an interior
potentially related to lead exposure, several explanations for this result. surface for painting, and work that
such as the age of a worker’s home; type While the study identified a correlation spreads dust and debris throughout the
of work usually performed by the between renovation and remodeling home, increased the risk of elevated
worker; and the amount of renovation activities and elevated blood lead levels blood lead levels for children in the
and remodeling activity conducted in children, the Panel report states that study population. Researchers noted
recently and over the worker’s career. there was no statistically significant that the consistency of their results with
There were significant differences increased risk of elevated blood lead EPA’s Phase III study lends credibility
among the worker groups. Drywall levels (possibly because of the small to the conclusion that home renovation
workers and painters had the highest sample size) when the study focuses or repair work involving interior paint
predicted blood-lead concentrations, solely on work performed by apartment preparation constributes to a nontrivial
and floor layers had the lowest. In building owners, apartment building proportion of elevated blood lead levels
addition, there was a statistically staff or professional contractors. The in children (Ref. 36, at 509).
significant correlation between the Panel recommended that EPA undertake d. Phase IV. Phase IV of the study,
number of days worked in pre-1950 additional analysis of the data from this Worker Characterization and Blood-
buildings in the past month and phase of the study to determine if a Lead Study of R&R Workers Who
increases in blood-lead concentrations child was more likely to have an Specialize in Renovations of Old or
for general renovation and remodeling elevated blood lead level if the Historic Homes, was an extension of
work, paint removal, and cleanup, renovation and remodeling was Phase II (Ref. 37). Where Phase II
although the estimated increase was performed by a relative or friend than if examined lead exposure among a
very small, less than 1 µg/dL for all performed by a professional contractor general population of renovation and
activities (Ref. 38). or building management staff (those remodeling professionals, Phase IV
c. Phase III. Phase III of the study, subject to the rule). The results of EPA’s focused on individuals who worked
Wisconsin Childhood Blood-Lead Study, additional analysis, which focused on primarily in old historic buildings.
was a retrospective study focused on the relationship between who performs Phase IV explored lead exposure in 161
assessing the relationship between renovation and remodeling activities professional renovation and remodeling
renovation and remodeling activities and the odds of an elevated blood lead workers and 82 homeowners who
and children’s blood-lead levels (Ref. level occurring in a resident child, have worked extensively in old houses. Each
32). This study demonstrated that been placed in the docket (Ref. 34). In study participant provided a blood
general residential renovation and homes where renovation and sample for analysis and completed a
remodeling is associated with an remodeling activities had been detailed questionnaire identical to the
increased risk of elevated blood lead performed, the analysis indicated the one used in Phase II.
levels (EBLs) in children and that following ordering of the five possible The results of Phase IV demonstrate
specific renovation and remodeling responses to the question of who that individuals who regularly work in
activities are also associated with an performed the renovation and potentially high lead exposure settings,
increase in the risk of EBLs in children. remodeling, in order of highest to lowest i.e., old houses, do have a higher
In particular, removing paint (using risk of increased odds of an elevated probability of an elevated blood-lead
open flame torches, using heat guns, blood lead level: level than the general population of
using chemical paint removers, and wet • Relative or friend not in household. renovation and remodeling
scraping/sanding) and preparing • Paid professional. professionals measured in Phase II.
surfaces by sanding or scraping • Owner or building superintendent. Among these high-risk workers, 3 out of
significantly increased the risk of EBLs. • Head of household or spouse. 161 had blood-lead concentrations
Overall, these results agree with those • Other person in household. above 40 µg/dL. Out of 82 homeowners
from earlier phases of the renovation As discussed in the report from Phase who performed renovation and
and remodeling study--renovation and III of the study, some possible remodeling activities while residing in
remodeling activities that disturb lead- confounders were investigated, their own historic or pre-1940 home, 4
based paint increase the risk of exposure including the surface preparation had blood-lead concentrations above 25
to occupants. Additionally, children methods, and the size of the renovation µg/dL. The geometric mean blood-lead
living in a residence while renovation jobs undertaken, but no obvious level for professionals was significantly
and remodeling was conducted were solution was discovered. greater than for homeowners.
30% more likely to have EBLs than However, several studies corroborate Preparation for painting and/or sanding
children who did not live in a residence the findings of the Phase III study. In of painted surfaces were the activities
during the time renovation and 1995, the New York State Department of most consistently associated with
remodeling was conducted. Health assessed lead exposure among elevated blood-lead levels among study
During the Small Business Advocacy children resulting from home participants.
renovation and remodeling in 1993– After evaluating the findings from all
Review Panel process discussed in

greater detail in Unit VIII.C.6., questions 1994. A review of the health department 4 phases of the study, EPA concluded
were raised in connection with this records of children with blood lead that the long-term exposure faced by the
phase of the study (Ref. 33). levels equal to or greater than 20 µg/dL occupants should be the most important
Specifically, it was noted that the effect identified 320, or 6.9%, with elevated consideration in determining the need
shown in this phase of the study was blood lead levels that were attributable for worker training and certification.
somewhat ambiguous in that several to renovation and remodeling (Ref. 35). EPA is particularly concerned with the
results from Phase I and Phase III. The Business Regulatory Enforcement placed in the public docket for this
Phase I results indicate that, where lead- Fairness Act of 1996 (SBREFA). In action (Refs. 42, 43, 44, and 45).
based paint is present, activities that are addition to the chairperson, the Panel EPA has co-sponsored several
routinely performed as part of consisted of the Director of EPA’s Office national lead conferences, at which the
renovation and remodeling activities of Pollution Prevention and Toxics, the Agency met with representatives of
can create significant amounts of leaded Administrator of the Office of State and Tribal governments to discuss
dust, which, if not effectively contained Information and Regulatory Affairs renovation issues, among other issues.
and cleaned up, could pose hazards to within the Office of Management and Examples include:
the occupants. Phase III corroborated Budget (OMB), and the Chief Counsel • June 2000, EPA 4th National Lead
this finding by identifying a statistically for Advocacy of the Small Business Conference - Washington, DC.
significant link between activities that Administration (SBA). • December 2000, National Lead
are routinely performed as part of Before beginning pre-panel Grantee Conference (HUD/CDC/EPA) -
renovation and remodeling projects and discussions with OMB and SBA, EPA Atlanta, GA.
an increased risk of an elevated blood held three conference calls with • May 2001, EPA 5th National Lead
lead level in children. potential Small Entity Representatives Conference - New Orleans, LA.
Finally, TSCA section 402(c)(3) (SERs) to obtain feedback on the options • June 2003, EPA 6th National Lead
directs EPA to revise the regulations and alternatives for a renovation and Conference - San Antonio, TX.
under TSCA section 402(a) to apply the remodeling regulation. The Review • June 2004, National Lead and
regulations to renovation or remodeling Panel held an outreach meeting with Healthy Homes Grantee Conference
activities that create lead-based paint Small Entity Representatives (SERs) on (HUD/CDC/EPA) - Orlando, FL.
hazards. In determining which December 3, 1999. Eleven SERs,
contractors are engaged in such IV. Proposed Requirements for
representing small painting, decorating, Renovation Activities
activities, EPA must use the results of finishing, remodeling and renovation
its renovation and remodeling study and contractors, as well as multi-family A. TSCA Section 402(c)(3)
consult with representatives of labor housing owners and training providers, Determination
organizations, lead-based paint and four trade association
activities contractors, persons engaged As discussed in Unit III.B., TSCA
representatives participated in the section 402(a) directs EPA to
in remodeling and renovation, and meeting. The Panel solicited comments
experts in lead health effects. If EPA promulgate regulations to ensure that
from the SERs on the options presented persons who perform lead-based paint
determines that a particular category of by EPA, as well as EPA’s cost estimates
contractors engaged in renovation or activities are properly trained through
for these options. Several SERs accredited training programs and that
remodeling need not be certified, EPA submitted written comments to EPA
must publish an explanation of the basis contractors performing these activities
following this meeting. More are certified. The regulations must also
for that determination.
information on the Review Panel contain work practice standards for
2. Public consultation. EPA began the
consultation process required by TSCA Process, including the recommendations lead-based paint activities, taking into
section 402(c)(3) with two public of the panel, can be found in Unit account reliability, effectiveness, and
meetings. Participants included VIII.C. The Panel’s report, along with safety. Regulations governing lead-based
representatives from renovation, background information provided to paint activities in target housing and
remodeling and painting contractors, panel members and SERs, has been child-occupied facilities were
national contractor associations, placed in the public docket for this promulgated in 1996 and codified at 40
apartment management companies, action (Ref. 33). CFR part 745, subpart L. TSCA section
realtors, labor organizations, training EPA also held a 2–day meeting with 402(c)(3) directs EPA to revise these
providers, lead poisoning prevention its State partners to discuss lead-based regulations to apply to renovation or
advocacy groups, other Federal agencies paint program issues. Most of the time remodeling activities that create lead-
and States. The meetings were held on on the agenda for this meeting, held in based paint hazards.
December 7, 1998 and on March 8, September 2000, was devoted to As discussed previously, the
1999. EPA presented the results of its discussing how the existing abatement renovation and remodeling study
renovation and remodeling study at the regulations might be modified to apply conducted under TSCA section 402(c)
first meeting. The remainder of that to renovation and remodeling projects. found that the following renovation and
meeting and all of the second meeting A summary of this meeting has been remodeling activities, when conducted
involved discussion of various aspects placed in the public docket for this where lead-based paint is present,
of the existing abatement regulations action (Ref. 41). generated lead loadings on floors that
and how they might fit into a renovation In May 2003, EPA hosted a series of exceeded the TSCA section 403 dust-
and remodeling rule. Topics discussed conference calls to discuss additional lead hazard standard:
included applicability, accreditation of issues related to renovation and • Paint removal by abrasive sanding.
training providers, certification of remodeling. Two calls were held with • Window replacement.
individuals, and work practice State and local government agency • HVAC duct work.
standards (setup, occupant protection, representatives as well as a State • Demolition of interior plaster walls.
clean-up, clearance, and restricted legislator. Two separate calls included • Drilling into wood.
practices). Transcripts of these meetings representatives from renovation and • Sawing into wood.
have been placed in the public docket remodeling contractors and contractor • Sawing into plaster.
associations, realtors and realtor Because these activities cause lead dust
for this action (Refs. 39 and 40).

In addition, on November 23, 1999, associations, and apartment owner and to be deposited on floors in excess of the
EPA’s Small Business Advocacy manager associations. These calls dust-lead hazard standard for floors,
Chairperson convened a Small Business focused on the relationship between EPA proposes to conclude that these
Advocacy Review Panel under section lead-based paint hazard evaluation and activities create lead-based paint
609(b) of the Regulatory Flexibility Act control activities and renovations. hazards. In addition, based on the
(RFA) as amended by the Small Summaries of these calls have been results of the Phase I study, EPA
proposes to conclude that drilling into other facilities that may contain lead- not be familiar with the methods they
plaster, where lead-based paint is based paint. should use to prevent lead exposures for
present, can reasonably be anticipated EPA is therefore proposing to revise themselves and their children. However,
to create lead-based paint hazards. existing regulations to extend training, in the absence of this proposed
Moreover, EPA believes that certain certification, and work practice regulation, EPA believes that most
cleanup methods are not effective or requirements to certain renovation and contractors and building management
reliable in reducing the lead levels remodeling projects in target housing. It staff will not receive formal training in
below the hazard standard. is not EPA’s intention to merely expand lead-safe work practices either. In
These proposed conclusions are the scope of the current abatement addition, building owners may choose
supported by the results of other phases requirements to cover renovation and to defer maintenance as a result of the
of the renovation and remodeling study. remodeling activities. Rather, EPA has increased renovation costs attributable
Phase III, Wisconsin Childhood Blood- carefully considered the elements of the to this proposal. EPA requests comment
lead Study, found that children who existing abatement regulations and on the likelihood that there will be more
live in homes where renovation and revised them as necessary to craft a do-it-yourself renovation projects or
remodeling activities were performed proposal that is practical for renovation deferred maintenance, and information
within the past year are 30% more and remodeling businesses and their or data on what that might mean in
likely to have a blood lead-level that customers, while taking into account terms of health impacts, as well as other
equals or exceeds 10 µg/dL, the level of reliability, effectiveness, and safety as potential consequences of this proposal.
concern established by CDC, than directed by TSCA section 402(a).
children living in homes where no such In addition, EPA is considering B. Scope of Proposed Regulation
activity has taken place recently. whether some or all of these proposed 1. Housing units that would be
Phases II and IV of the study, which provisions should be incorporated into covered. EPA is proposing to amend the
evaluated worker exposures from the abatement regulations. In particular, existing regulations at 40 CFR part 745,
renovation and remodeling activities, the Agency is requesting comment about subpart E, that implement TSCA section
provide additional documentation of the allowing the use of the workplace 406(b) to add training and certification
significant and direct relationship practices in this proposal in lieu of the requirements, as well as work practice
between blood-lead levels and the prohibition of certain workplace standards, for certain renovations
conduct of certain renovation and practices in the abatement regulations. performed for compensation in target
remodeling activities. Phase II found a Also, the Agency is requesting comment housing. The proposed amendments
statistically significant association about allowing cleaning verification in would apply to renovations performed
between increased blood lead levels and lieu of clearance testing in the within housing units as well as
the number of days spent performing abatement regulations. If the Agency renovations performed in common areas
general renovation and remodeling were to change the abatement in multi-unit housing. The TSCA
activities, paint removal, and cleanup in regulations, it could incorporate the section 406(b) regulations, also referred
pre-1950 buildings in the past month. regulatory language in this proposal to as the Pre-Renovation Education
Phase IV of the study found that persons (i.e., allow abatement firms the option of Rule, currently require persons
performing renovation and remodeling following the workplace practice performing renovations for
activities in old historic buildings are standards in the proposed 40 CFR compensation in all target housing to
more likely to have elevated blood-lead 745.85(a) in lieu of the workplace provide owners and occupants with a
levels than persons in the general practice standards in the abatement lead hazard information pamphlet that
population of renovation and rule, and allow abatement firms the discusses lead-based paint and lead-
remodeling workers. option of following the cleaning based paint hazards. In delineating the
Based on the results of Phases I verification procedure in the proposed scope of today’s proposal, EPA is using
through IV of the renovation and 40 CFR 745.85(b) in lieu of the clearance many of the definitions and exemptions
remodeling study, EPA proposes to testing requirements) in the abatement used in the Pre-Renovation Education
conclude that any renovation activity rule. Comments are invited on whether Rule. For example, the term ‘‘target
that disturbs lead-based paint can create changes should be proposed to the housing’’ is defined in TSCA section
significant amounts of leaded dust. EPA abatement regulations and, if so, the 401 as any housing constructed before
reaches this proposed conclusion nature of these changes. 1978, except housing for the elderly or
because the study examined renovation EPA also requests comment on persons with disabilities (unless any
activities on a variety of components potential unintended consequences of child under age 6 resides or is expected
using a variety of tools and methods, this proposal. For example, the costs of to reside in such housing) or any 0-
and discovered that each activity that this proposed rule, which renovation bedroom dwelling. EPA is not proposing
disturbed lead-based paint caused lead firms are likely to pass on to consumers to modify this definition in any way.
dust in amounts that created or could in whole or in part, may cause some EPA is proposing to make the
reasonably be anticipated to create lead- homeowners to perform some requirements contained in this proposal
based paint hazards. EPA believes that renovation projects themselves rather effective in two major stages. In the first
the activities studied are representative than hire a professional. More stage, the proposed requirements would
of the paint-disturbing activities that information on the costs and benefits of apply to renovation projects performed
typically occur during renovations. EPA this proposal can be found in Unit for compensation in:
requests comment on its proposed VIII.A. EPA has made a concerted effort • All target housing where the firm
conclusions drawn from the Phase I to keep the costs as low as possible, performing the renovation obtains
through IV studies, as well as on the while still providing adequate information indicating that a child
studies themselves. EPA also invites protection against lead-based paint under age 6 resides there, if the child
commenters to submit or identify peer- hazards created by renovation activities. has a blood-lead level greater than or
reviewed studies and data, of which Homeowners who choose to perform equal to 10 µg/dL or a State or local
EPA may not be aware, that assess the their own renovation projects are not government level of concern, if lower, or
results of exposure to renovation, repair likely to have taken formal training in the firm does not provide the owners
and painting activities in housing or lead-safe work practices, so they may and occupants with the opportunity to
inform the firm that a child under age that during this phase in period it will mg/cm2 or 0.5% by weight of less than
6 with such a blood-lead level resides be possible to develop test kits that are 5%. This research effort is consistent
there; able to identify more accurately those with one of the stated purposes of Title
• All owner-occupied target housing homes that do not contain lead-based X, ‘‘to mobilize national resources
built before 1960, unless the firm paint at regulated levels. expeditiously, through a partnership
performing the renovation obtains a As discussed in Unit IV.B.4.a., EPA is among all levels of government and the
statement signed by the owner that the proposing to exempt renovations that private sector, to develop the most
renovation will occur in the owner’s affect only components that have been promising, cost-effective methods for
residence and no child under age 6 determined to be free of paint or other evaluating and reducing lead-based
resides there; and surface coatings that contain lead equal paint hazards.’’
• All rental target housing built to or in excess of 1.0 mg/cm2 or 0.5% EPA is confident that improved test
before 1960. by weight. In addition to a kits meeting EPA’s research goals can be
The second stage would extend the determination by a certified inspector or available within the next 3 years. Based
proposed requirements to: risk assessor, EPA is also proposing to on the proposed effective dates for the
• All owner-occupied target housing, allow the use of EPA-recognized test initial stage of this rule, discussed in
unless the firm performing the kits to determine whether the greater detail in Unit VI., the improved
renovation obtains a statement signed components to be affected are free of test kits should be available within 1
by the owner that the renovation will regulated lead-based paint. Accurate test year after the initial stage of the rule
occur in the owner’s residence and no kits represent a relatively simple and becomes effective in all jurisdictions.
child under age 6 resides there; and inexpensive way to identify where lead- EPA is therefore proposing to extend the
• All rental target housing. based paint is present and assist requirements of this proposal to rental
The second stage would take effect 1 homeowners and renovation firms in housing built between 1960 and 1978,
year after the first stage takes effect. determining where lead-safe work as well as owner-occupied homes built
For each stage, the requirements of practices should be followed. between 1960 and 1978 where a child
the rule would only apply to those Research on the use of these kits for under age 6 resides, 1 year after the
renovations that meet the proposed testing lead in paint has been published requirements become effective for such
definition of renovation discussed in by NIST (Ref. 47). The research to date homes built before 1960. This staged
Unit IV.B.3. and do not qualify for the shows that, in general, there are test kits approach will initially address the
exceptions discussed in Unit IV.B.4. currently available which, when used renovations that present the greatest
The purpose of this regulation is to by a trained professional, can reliably risks to children under age 6, i.e., the
prevent the creation of new lead-based determine that regulated lead-based renovations that are most likely to
paint hazards from renovation activities paint is not present by virtue of a disturb lead-based paint, while allowing
in housing where children under age 6 negative result, but which cannot additional time for the development of
reside. To achieve the goal of reliably determine that regulated lead- improved test kits before phasing in the
eliminating childhood lead poisoning based paint is present. These kits applicability of the rule to newer rental
by 2010, it is important to focus typically are sensitive to lead at levels target housing and newer owner-
society’s resources on the activities that below the Federal standards that define occupied target housing where children
have the greatest impact on the lead-based paint, and therefore are under age 6 reside.
population at greatest risk. prone to a large number of false positive It is EPA’s expectation that the
According to the National Survey of results (i.e., a positive result when improved test kits will be available
Lead and Allergens in Housing, 24% of regulated lead-based paint is, in fact, not before the effective date of the
the housing constructed between 1960 present). The NIST research found that requirements that apply to rental
and 1978 contains lead-based paint (Ref. false positive rates range from 42% to housing built between 1960 and 1978,
46). In contrast, 69% of the housing 78%. as well as owner-occupied homes built
constructed between 1940 and 1959, These false positive rates mean that between 1960 and 1978 where a child
and 87% of the housing constructed the currently-available test kits are not under age 6 resides. If it appears that
before 1940 contains lead-based paint. an effective means of identifying the these improved test kits will not be
The results of this survey indicate that 76% of homes built between 1960 and available by that effective date, EPA will
there is a much greater likelihood of 1978 that do not contain regulated lead- consider delaying the effective date for
disturbing lead-based paint during a based paint. EPA believes that the the requirements that apply to rental
renovation that occurs in a home built sensitivity of test kits could be adjusted housing built between 1960 and 1978,
before 1960 than in a home built after for paint testing so that the results from as well as owner-occupied homes built
that date. EPA seeks comment on these the kits reliably correspond to one of the between 1960 and 1978 where a child
facts and how these facts should affect two Federal standards for lead-based under age 6 resides. EPA requests
the regulatory requirements under paint, 1.0 mg/cm2 and 0.5% by weight. comment on whether EPA should wait
TSCA section 402(c)(3), which requires EPA also believes that this can be to finalize the proposed second stage of
EPA to apply regulations issued under accomplished in the near future and is this regulation until the new kits are
section 402(a) to renovations in target planning to conduct research to further commercially available nationwide.
housing that create lead-based paint the development of test kits that Waiting would ensure that the improved
hazards. accurately identify both the presence test kits are available before renovation
Although most homes built between and absence of lead in paint at levels firms must comply with the training,
1960 and 1978 do not contain lead- that exceed the Federal standards. EPA’s certification, and work practice
based paint, EPA remains concerned goals for this research are to develop a
requirements of this proposal for

about the risks presented to those kit that can reliably be used by a person renovations in housing that is more
children under age 6 who reside in one with minimal training, is inexpensive likely than not to be free of regulated
of the homes that does. Therefore, EPA (under $2 per test), provides results lead-based paint. The proposed rule, by
is proposing to phase in coverage of within an hour, and is demonstrated to allowing the use of test kits in pre-1960
those homes after 1 year. As discussed have a false positive rate of no more housing to determine the absence of
in more detail in this Unit, EPA believes than 10% and a false negative rate at 1.0 lead-based paint, provides an incentive
for improved test kits. In addition, an preamble, EPA is proposing that this stage of this rulemaking, renovation
established deadline for coverage of rule take effect in two major stages. EPA projects performed for compensation in
homes built between 1960 and 1978 is proposing that the first stage include all owner-occupied target housing built
provides an even greater incentive for renovations performed for before 1960, unless the firm performing
the private sector to pursue improved compensation in target housing the renovation obtains a statement
test kits. constructed between 1960 and 1978 signed by the owner that the renovation
Although EPA is proposing to extend where a child under age 6 with a blood will occur in the owner’s residence and
the effective date for housing built lead level that equals or exceeds the that the housing is not the primary
between 1960 and 1978 for an CDC level of concern (10 µg/dL), or a residence of a child under age 6. The
additional year, EPA remains concerned lower State or local government level of primary residences of children under
about children under age 6 residing in concern, resides. For the purposes of age 6 living in target housing
these homes if the children have this proposal, children reside in the constructed between 1960 and 1978
increased blood lead levels. In many primary residences of their custodial would be covered in the second stage of
cases where a blood level in excess of parents, foster parents, and legal this proposed regulation.
the applicable level of concern has been guardians. In addition, this proposal The sample acknowledgment form
identified, intervention by State and considers housing where a child lives developed by EPA will assist renovation
local public health officials should and sleeps most of the time as the firms in obtaining a written statement
ensure that further exposure to lead is child’s residence, even if this housing is from owner-occupants as to whether a
minimized. However, to prevent the not the residence of the child’s legal child under age 6 resides in the housing
possibility that an unregulated custodians. This means that a child may to be renovated (Ref. 1). In many cases,
renovation activity will contribute to have more than one residence, but it EPA anticipates that the presence of this
continuing exposures to lead for will ensure that the primary residences statement on the form will prompt a
children with increased blood lead of all children under age 6 are covered discussion between the homeowner and
levels, EPA is proposing to include in by either stage one or stage two of this the renovation firm on the information
the first stage of this proposal all target proposal, if they reside in target in the lead hazard information pamphlet
housing built before 1978 where a child housing. as well as the lead-safe work practices
under age 6 with a blood lead level that EPA recognizes that the renovation that would be required by this proposal.
equals or exceeds the CDC level of firm is not likely to have access to A homeowner without children under
concern, or a lower State or local information on the blood lead levels of age 6 in residence who subsequently
government level of concern, resides. resident children. Therefore, EPA is chooses not to have the renovation firm
(As is discussed in Unit IV.B.4., proposing to require only that the follow lead-safe work practices will be
renovations that only affected renovation firm offer the owners and making an informed decision in these
components that had been determined occupants of target housing built circumstances.
to be lead-based paint free would be between 1960 and 1978 the opportunity If the renovator is unable to obtain an
exempt from the requirements of this to inform the firm that a child under age acknowledgment form from the owner-
proposal.) 6 with a blood lead level that equals or occupant, and instead meets the
The existing Pre-Renovation exceeds 10 µg/dL, or any lower State or requirements of the Pre-Renovation
Education Rule requires renovators to local government level of concern, Education Rule by a certificate of
inform owners and occupants of target resides in the housing to be renovated. mailing indicating that the pamphlet
housing of the potential risks from This opportunity could be as simple as was mailed at least 7 days before the
renovation projects by providing them a statement on the form used to renovation, the renovator would have to
with the PYF pamphlet. Persons acknowledge receipt of the information assume that a child under age 6 resided
performing renovations covered by the pamphlet, or, if the pamphlet is mailed, in the housing to be renovated and
existing regulations must already either a note included in the mailing asking would have to perform the renovation in
obtain a signed acknowledgment from the recipient to inform the renovation accordance with the applicable work
the owner indicating that the pamphlet firm if a child under age 6 with a blood practice standards of this proposal.
has been received, or a certificate of lead level that equals or exceeds 10 µg/ Subsequent purchasers of the housing
mailing indicating that the pamphlet dL, or any lower State or local will also be able to make informed
was mailed at least 7 days before the government level of concern, is in decisions as a result of the regulations
renovation. EPA has developed a residence. Tenant notifications required promulgated under section 1018 of Title
sample acknowledgment form that for renovations in common areas could X and codified at 24 CFR part 35,
renovators could use not only to record include a similar note. EPA’s sample subpart A, and 40 CFR part 745, subpart
the owner’s receipt of the lead hazard acknowledgment form incorporates a F. These regulations, briefly
information pamphlet, but to obtain statement to this effect (Ref. 1). summarized in Unit III.B.2.b., would not
additional information on the housing EPA will not require the renovation ordinarily require a seller, in the
to be renovated and its residents (Ref. firm to presume that a child under age absence of specific knowledge of lead-
1). This would enable renovation firms 6 with a blood lead level that equals or based paint or lead-based paint hazards,
to satisfy their current obligations under exceeds 10 µg/dL, or any lower State or to disclose information about renovation
the Pre-Renovation Education Rule and local government level of concern, projects to a purchaser. However, the
assist them in complying the resides in housing to be renovated, if the informational pamphlet that the seller
requirements of this proposal. EPA renovation firm does not receive any must provide includes information
seeks comment on this sample from, a information from the owner or about potential lead-based paint hazards
on residential property and
copy of which is available in the docket occupant. EPA requests comment on

for this proposed rule and on the how a renovation firm could obtain this recommends that purchasers obtain a
Agency’s Web page. information if it is unable to obtain a lead-based paint inspection or risk
a. Target housing constructed between signed statement from the owner. assessment on property they are
1960 and 1978 where a child under age b. Owner-occupied target housing interested in buying. A risk assessment
6 with an increased blood lead level where a child under age 6 resides. EPA would identify any dust-lead hazards on
resides. As discussed in this Unit of the is also proposing to include, in the first the property, whether created by a
renovation performed without lead-safe In contrast, EPA does not believe that accordance with the proposed training,
work practices or some other activity. determining whether housing is rental certification and work practice
c. Rental target housing. Also in the target housing presents the same level of requirements, regardless of whether the
first stage of this rulemaking, the difficulty for renovators. Contractors are individual units are owner-occupied.
proposed requirements would apply to already responsible, under the TSCA Currently, the proposal would allow all
all rental target housing built before section 402(a) regulations at 40 CFR part the owners of such multi-unit owner-
1960, regardless of whether a child 745, subpart L, as well as under the Pre- occupied buildings to certify that no
under age 6 resides there. The second Renovation Education Rule, for children under age 6 reside in the
stage would extend the requirements to determining whether a unit of housing individual units, in which case
all rental target housing. is target housing. This involves renovators would not be required to
The proposal would apply to target determining whether the housing was comply with the proposed work practice
housing that is currently being rented, built before 1978 and whether it is standards in common areas. However, it
as well as target housing being offered housing for the elderly or housing for is likely to be very difficult, if not
for rent and target housing that the persons with disabilities. EPA believes impossible, to secure the signatures of
owner intends to offer for rent. that, in many cases, it is obvious to the all of the owners of the individual units,
Renovations to prepare target housing renovation firm that housing is target attesting to the fact that no child under
for the rental market would have to be housing, and it will be relatively easy to age 6 resides in any of the units of the
performed in accordance with this determine that the housing is rental building. If all of the owners do not so
proposal. Unlike in owner-occupied housing. Multi-unit buildings or multi- attest, renovations in common areas
housing, occupants who are tenants building complexes are likely to be would have to be conducted in
have far less control over renovation rental housing, unless the name of the accordance with this proposal. The
projects in their housing than occupants property includes the words signatures of the building managers
who are owners. EPA believes that, in ‘‘condominium’’ or ‘‘co-operative.’’ In would not be sufficient, because there
most cases, the owner of housing, or the any event, the renovation firm remains may be children in residence that are
owner’s agent, enters into contracts for ultimately responsible for making this unknown to the building managers.
determination. It should be noted that, e. Owner-occupied target housing
renovation services, not the tenant. The
during the first stage of this proposed where a pregnant woman resides. EPA
owner has control over who performs
rule, the renovation firm would be also requests comment on the
the project and how it is conducted. In
responsible for determining whether the appropriateness of applying the
addition, renovations in rental housing
housing was built before 1960. provisions of this rule to owner-
often occur between tenants, when the
EPA requests comment on whether occupied target housing where an
housing is vacant and it is not known
renovation firms should be able to expectant mother resides, in addition to
whether the next tenants will include a
assume that no child under age 6 resides owner-occupied housing where a child
child under age 6. Therefore, requiring
in owner-occupied housing. The under age 6 resides. If this option were
proper training and work practices in identification of the residences of included in the rule, and no children
rental housing is necessary to protect children under age 6 could be addressed under age 6 resided in the housing to be
the tenant occupants. Finally, applying in the same way that EPA is proposing renovated, the renovation firm would
the requirements of this proposal only to address children with increased not be required to use the work
to rental housing where children under blood lead levels during the first phase practices in this proposal unless the
age 6 reside could foster discrimination of the rule’s applicability, discussed in renovation firm collected a statement
in the rental market against families Unit IV.B.1.a. If the renovation firm from the owner-occupant indicating that
with children under age 6. Although it determined that the renovation a woman residing in the housing was
is not the preferred option, EPA requests activities would occur in owner- pregnant or thought she might be
comment on whether this proposal occupied housing, the firm could offer pregnant. Fetuses exposed to lead in the
should apply only to rental target the owner-occupant the opportunity to womb may be born prematurely and
housing where children under age 6 inform the firm that a child under age have lower birth weights. In addition,
reside. 6 resides in the housing. If the owner- the transplacental transfer of lead in
This proposal avoids placing occupant did not provide the firm with humans is well documented, and
responsibility on the renovation firm for any information on children in infants are generally born with a lead
determining whether a child under age residence, the firm could assume that no body burden reflecting that of the
6 resides in a particular housing unit; child under age 6 resided in the mother (Ref. 4). Therefore, covering the
the renovation firm would be housing, and the provisions of this residences of pregnant women under
responsible, however, for determining proposal would not apply. EPA does not this regulation would provide
whether the housing unit is rental target prefer this approach because children additional protection for vulnerable
housing. EPA considered holding the under age 6 could be put at risk populations. However, owner-
renovation firm responsible for making unintentionally through mis-directed occupants, including expectant mothers,
both determinations. However, it may mail, or a misunderstanding on the part will be receiving a lead hazard
be very difficult in many situations for of the owner-occupant as to the information pamphlet under the Pre-
the renovation firm to find objective information sought by the renovation Renovation Education Rule that will
proof that a child under age 6 does or firm. enable them to make educated choices
does not reside in a particular housing d. Owner-occupied multi-unit about renovation activities in their
unit. Because this proposal does not housing. With respect to condominiums residences.
cover, for example, the residences of
and cooperatives, EPA requests 2. Other options considered. EPA

relatives that provide occasional care for comment on whether to require that all considered a range of other alternatives
a child, the mere presence of toys or renovations conducted in the common to defining the universe of housing that
other signs indicating the presence of a areas, such as hallways or stairways, of would be covered by this regulation.
child under age 6 would not be a multi-unit buildings, as well as The primary alternative EPA considered
sufficient basis for deciding that the renovations conducted on the exteriors was a single-staged regulation that
requirements of this proposal apply. of such buildings, be conducted in would cover all renovations in rental
target housing and owner-occupied rationale for such a limited rule would projects meet the definition of
target housing where a child under age be that individuals, if provided ‘‘renovation’’ codified in 40 CFR 745.83.
6 resides. This option is not preferred at information on the health effects of lead The regulated community has had years
this time. As discussed in this section, exposure and renovation work practices of experience in applying this
EPA is proposing to phase in coverage that minimize leaded dust creation and definition, as well as the applicability
of housing built between 1960 and 1978 release, would be able to choose provisions in 40 CFR 745.82.
to allow time to develop an accurate, whether or not to request that a firm EPA considered and requested public
but simple and inexpensive, means for performing a renovation use lead-safe comment on various approaches to
determining whether the affected work practices. Individuals wishing to defining the term ‘‘renovation’’ for the
components in a particular housing unit employ a renovation firm that would Pre-Renovation Education Rule,
built within this time frame are free of use lead-safe work practices would be including options modeled on a
regulated lead-based paint (the assured by the certification, training, definition in the TSCA asbestos
determination whether a component is and accreditation provisions that a firm regulations, the construction tasks
lead-based paint free is discussed more certified by EPA would employ persons identified by OSHA in its Lead in
fully in Unit IV.B.4.a.). EPA solicits trained in the use of lead-safe work Construction Standard, and by the use
comment on this option. practices. This is not the preferred of Standard Industrial Codes (SIC codes)
EPA also considered a single-staged option because EPA believes that a as a means of defining the subject
regulation that would cover all voluntary program of lead-safe work universe (Ref. 49). The majority of the
renovations in rental target housing practice compliance would not provide public comments EPA received in
built before 1960 and owner-occupied sufficient protection from lead-based response to its proposal involved the
target housing built before 1960 where paint hazards created by renovation definition of this term. In response to
a child under age 6 resides. This option activities. Nevertheless, the Agency the public comments, EPA crafted a
is not preferred at this time because invites comment on this option. definition that borrows from other
24% of the target housing built between Finally, EPA considered covering all sources but focuses on the activities of
1960 and 1978 contains lead-based renovations in target housing without greatest concern to EPA, activities that
paint. A regulation that excludes those providing an exclusion for target disturb lead-based paint (Ref. 23). This
homes would not cover the residents of housing where children under age 6 do definition also covers virtually all of the
those homes, particularly the children not reside. A child under age 6 may activities in the renovation and
residing in those homes, from potential spend a significant amount of time in remodeling study that created lead-
lead-based paint hazards created by housing that is not his or her primary based paint hazards. Conversely, EPA
renovation activities. It should be noted residence, for example, in the home of does not believe that this definition is
that the Phase I study, which a babysitter. In addition, a child that overbroad, i.e., it does not capture a
demonstrated lead dust loadings from moved into housing shortly after a significant number of renovation
renovation activities in target housing, renovation performed without lead-safe activities that are not capable of creating
did not differentiate housing by age. The work practices took place would be lead-based paint hazards. All of the
measured lead loadings in that study exposed to lead dust from the activities monitored in EPA’s renovation
represent an average. In the National renovation. This is not the preferred and remodeling study which involved
Survey of Lead and Allergens in option at this time because the proposed the disturbance of lead-based paint
Housing (Ref. 46), a paint lead loading option provides a more focused created or could reasonably be
exceeding 10 mg/cm2 was detected in targeting of resources on the population anticipated to create lead-based paint
3% of the homes constructed between most at risk. EPA specifically requests hazards. The study evaluated common
1960 and 1978, compared to 14% of the comment on applying the requirements renovation activities likely to disturb
homes constructed between 1940 and of this proposal without the exclusion lead-based paint, including demolition
1959, and 55% of the homes for target housing where children under of structures containing lead-based
constructed before 1940. Further age 6 do not reside. paint, removal of fixtures containing
analysis of the data found that, although 3. Activities that would be covered. lead-based paint (window replacement),
there were fewer homes built between This proposal, like the Pre- Renovation sawing and drilling into materials
1960 and 1978 that contained lead- Education Rule, would only apply to containing lead-based paint, and
based paint, the average lead persons who perform renovations for sanding lead-based paint. Because all of
concentration of paint on windows and compensation. This includes owners of these activities are capable of creating
on exterior walls, doors, and trim was rental property and their employees, as lead-based paint hazards, a definition of
higher in housing built between 1960 well as paid employees of home ‘‘renovation’’ that is primarily based on
and 1978 than in housing built between improvement companies, residential the disturbance of lead-based paint is
1950 and 1960 (Ref. 48). EPA’s preferred property management companies, State well-tailored to regulate the activities of
option takes into account the fact that and local government agencies, and concern.
most target housing built between 1960 non-profits. With regard to the As noted previously, the Phase I study
and 1978 does not contain lead-based renovation activities that would be excluded exterior siding installation,
paint by phasing in coverage of those covered by this regulation, EPA is wallpaper removal, and exterior soil
homes after improved test kits are proposing to cover the same universe of disruption because the study design
expected to be available. EPA requests activities that is already regulated under team and the individuals consulted in
comment on the option of limiting this the Pre-Renovation Education Rule-- the information-gathering phase
proposal to housing built before 1960, essentially, activities that modify an generally considered these target
and on other options tied to the age of existing structure and that result in the activities to be of secondary importance.
the housing and the likelihood that the disturbance of painted surfaces. All EPA has no quantitative information on
housing contains lead-based paint. types of repair, remodeling, the lead dust loadings generated during
EPA also considered proposing a rule modernization, and weatherization such activities in target housing.
limited to the provision of information projects would be covered, including However, to the extent that these
and certification, training, and projects performed as part of another activities disturb paint, these activities
accreditation requirements. The Federal, State, or local program, if the would be covered by this proposal.
Conversely, the Phase I study did and cleaning verification activities As required by the Pre-Renovation
include HVAC duct work, but it is before or after the prepared surface is Education Rule, if the renovation firm
possible that, in some cases, this work painted. relies on a determination by a certified
would not involve the disturbance of 4. Exceptions—a. Components free of inspector or risk assessor that affected
paint, and would, therefore, not be regulated lead-based paint. EPA is components are free of paint or other
covered by this proposal. EPA requests proposing to continue to exempt surface coatings that contain lead equal
comment on whether exterior siding renovations that only affect painted to or in excess of 1.0 mg/cm2 or 0.5%
projects, wallpaper removal, and components that have been determined, by weight, the renovation firm must
exterior soil disruption or other by a certified inspector or risk assessor, obtain a copy of the written
activities should be excluded from this to be free of paint or other surface determination before the renovation
proposal or whether HVAC duct work coatings that contain lead equal to or in begins and keep it for no less than 3
should be specifically included. EPA is excess of 1.0 mg/cm2 or 0.5% by weight. years from the date the renovation is
particularly interested in any data This determination may be made as part completed. If a test kit is used, the
regarding the lead loadings generated by of a lead-based paint inspection of an renovation firm must keep records
these activities that would support their entire housing unit or building, or on a documenting the use of the kit,
exclusion or inclusion, and other component-by-component basis. including the name of the kit, who used
activities that should be considered in EPA is also proposing to exempt the kit, and the results, for no less than
the same manner. renovations that only affect painted 3 years from the completion date of the
The panel convened by EPA pursuant components that have been renovation.
to the Regulatory Flexibility Act demonstrated to be free of regulated To assist renovation firms in
recommended that the Agency consider lead-based paint through the use of an determining whether a particular project
exempting certain specialty contractors EPA-recognized test kit by a certified is eligible for this exception, EPA is
(e.g., plumbing, electrical) from the rule. renovator. EPA intends to recognize proposing to incorporate, in 40 CFR
More information on this panel and its those test kits that have a very low 745.83, the definition of the term
recommendations can be found in Unit probability of false negative responses, ‘‘component or building component’’
VIII.C.6.e. EPA is not proposing to because an incorrect negative result may from 40 CFR 745.223.
exempt such work per se, but requests lead to the creation of lead-based paint b. Minor maintenance. This regulation
comment on whether any category of hazards through uncontrolled would also retain the Pre- Renovation
specialty contractor should be excluded renovation activities. More specifically, Education Rule exception in 40 CFR
from this proposal, along with data that for paint containing lead at or above the 745.82(a)(1) for minor maintenance
would support the exclusion of a regulated level, 1.0 mg/cm2 or 0.5% by activities that disturb 2 ft2 or less of
particular category of contractor. weight, EPA intends to recognize kits painted surface per component. As
In some circumstances, a renovation, that have a demonstrated probability discussed in the preamble to the final
as that term is defined in this proposal, (with 95% confidence) of a negative Pre-Renovation Education Rule, this
may constitute only a portion of a larger response less than or equal to 5% of the exception was primarily designed as a
residential renovation and remodeling time. In addition, as soon as the means for distinguishing between
project. The certification, training, and improved test kits discussed in Unit renovation activities and routine
work practice elements of this proposal IV.B.1. are generally available, EPA maintenance activities (Ref. 23, p.
would only be applicable during the intends to recognize only those test kits 29911). Because this exception for small
portion of a project that involves the that have a demonstrated probability of surface area disturbances has acted as a
disturbance of painted surfaces. For a false positive response of no more surrogate for routine maintenance
example, adding a room to an existing than 10% to lead in paint at levels activities in the Pre-Renovation
home may require the demolition of an below the regulated level. EPA believes Education Rule, EPA is proposing to
existing wall to provide access to the that limiting recognition to kits that apply this exception to the requirements
room. In this case, the only portion of result in a relatively-low rate of false of this regulation.
the project that involves disturbing positives would benefit the consumer by The stakeholders participating in the
painted surfaces may be the demolition reducing the number of times that the various meetings EPA has held on
of the existing wall. A certified firm and training and work practice requirements renovation issues have had varying
a certified individual would be needed of this regulation are followed in the opinions of this exception. In general,
to establish the required work area, absence of regulated lead-based paint. property owners and managers favored
demolish the wall, perform the required These performance parameters would this exception because it would remove
clean-up, and verify that the area has have to be validated by a laboratory routine, minor maintenance activities
been properly cleaned. If the remainder independent of the kit manufacturer, from the scope of the rule. Renovation
of the project, the construction of the using ASTM International’s E1828, firms thought it would have little
new room, does not involve the Standard Practice for Evaluating the impact on the jobs that they typically
disturbance of existing painted surfaces, Performance Characteristics of do. Advocacy organizations did not
then the requirements of this proposal Qualitative Chemical Spot Test Kits for favor this exception because small
would not apply to that portion of the Lead in Paint (Ref. 50) or an equivalent projects can also create lead-based paint
project. Painters who disturb a large validation method. The instructions for hazards. EPA requests additional
area of painted surface with surface use of any particular kit would have to comment on the appropriateness of this
preparation activities, such as sanding, conform to the results of the validation, exception as a surrogate for routine
would be performing a regulated and the certified renovator must follow building maintenance activities, and
renovation under this proposal. Merely the manufacturer’s instructions when suggestions for alternate or additional
painting prepared surfaces does not using the kit. EPA requests comment on surrogates.
generally disturb existing paint, so a whether these standards are reasonably Although EPA believes that increasing
painter who prepares surfaces by achievable and sufficiently protective. the size of the exception from 2 ft2 to 5
sanding and then paints the prepared EPA is also soliciting suggestions on or 10 ft2 would reduce the number of
surfaces would be able to choose how to conduct the kit recognition renovations covered by this proposed
whether to perform required cleaning process. rule, EPA does not have enough
information to estimate the number of proposed regulation. Others, such as able to comply with the training and
renovations that would be affected by specialized cleaning, may not involve certification requirements on all
such a change. EPA is concerned that the disturbance of paint, and would renovations. Likewise, EPA knows of no
increasing the size of the exception, therefore not be covered by either reason why firms performing emergency
particularly for interior projects, would regulation. renovation operations would not be able
reduce the protections against lead- EPA is concerned that local public to follow the clean-up procedures
based paint hazards offered by this health organizations may be delayed in specified in this proposal after
proposal. In addition, increasing the responding to a lead-poisoned child if emergency repairs have been made. In
exception size would make this the owner of the building where the fact, in the vast majority of cases,
proposal inconsistent with the Pre- child resides is not available to persons performing emergency
Renovation Education Rule and likely acknowledge receipt of the PYF renovation projects should be able to
cause confusion among the regulated pamphlet before an interim control comply with all of the work practice
community, because renovation firms project begins. The Pre- Renovation requirements of this proposal. However,
have been implementing the 2 ft2 Education Rule allows persons because there may be situations where
exception for a number of years. performing renovations to mail a copy it is not feasible to post warning signs
Finally, HUD’s Lead Safe Housing of the pamphlet to the owner, but the or contain the work area before
Rule, at 20 CFR 35.1350(d), includes mailing must occur at least 7 days responding to the emergency, EPA is
‘‘de minimis’’ levels of 2 ft2 per room for before the project begins. Exempting proposing to add a statement to the
interior projects and 20 ft2 on exterior these types of projects from the Pre- section describing this exemption to
surfaces. If less than this amount of Renovation Education Rule would make it clear that the work practice
painted surface is disturbed, HUD’s enable public health organizations to requirements, the recordkeeping
lead-safe work practice requirements do begin responding to an elevated blood- requirements, and the training and
not apply. EPA’s lead-based paint lead level immediately, without certification requirements in proposed
abatement regulations also use these as significantly affecting the flow of §§ 745.85, 745.86, 745.89, and 745.90
small project exceptions, at 40 CFR information to the population at risk. apply to the extent practicable.
745.65(d). EPA requests comment on Organizations that intervene in these
incorporating these size limitations into cases typically provide a great deal of C. Training, Certification, and
this proposal and is particularly lead-based paint hazard information to Accreditation
interested in any data regarding the the family of the lead-poisoned child. Under the regulations at 40 CFR part
number of renovations that would be EPA is proposing to limit this provision 745, subpart L, both individuals and
affected by a change in the mirror of the emergency project exception to firms that perform lead-based paint
maintenance exception and any data interim control projects that are inspections, lead hazard screens, risk
that would support a change in this performed as a direct response to a lead- assessments, and abatements must be
exception. poisoned child. EPA requests comment certified by EPA. EPA is proposing a
c. Emergency projects. EPA is on whether a time limit should be similar, but not identical, regulatory
proposing to retain the emergency placed on projects qualifying for this scheme for individuals and firms that
project exception of the existing Pre- exception, whether only projects perform renovations.
Renovation Education Rule. Under that performed within a certain amount of EPA is proposing to require that all
exception, renovators are not required to time after a lead-poisoned child has renovations regulated by this rule be
provide a lead hazard information been identified should be exempt, and, performed by a firm certified to perform
pamphlet to owners and occupants of if so, what period of time would be renovations and directed by a certified
target housing that is undergoing adequate for these purposes. renovator. Although not required by the
emergency renovation operations. In EPA also understands that there may proposed rule, if dust sampling were
general, stakeholders participating in be emergency situations where performed, it would also have to be
EPA’s renovation meetings favored an compliance with the training, performed by a certified dust sampling
exception for emergency projects. This certification, and work practice technician, inspector, or risk assessor on
proposal would retain that exception, requirements of this proposal is not behalf of a certified firm. In order to
but would require that the emergency practicable. In general, the proposed become a certified renovator, a person
renovation operations be performed in phase-in period for the regulatory would have to either possess
compliance with the work practice requirements proposed in § 745.81 certification as a lead-based paint
standards to the extent practicable. should be more than sufficient to allow abatement supervisor or worker, or take
EPA is proposing to modify the enough persons to be trained and an accredited renovator course. In order
language of the exception to clarify that certified to provide an adequate supply to perform dust sampling, a person
interim control projects performed on of certified entities available for would have to possess certification as a
an expedited basis in response to an emergency renovation operations. An lead-based paint inspector or risk
elevated blood lead level finding in a important reason for creating the assessor, or take an accredited dust
resident child qualify for the emergency emergency exception to the Pre- sampling technician course.
project exemption from the Pre- Renovation Education Rule was to allow Certification based on a dust sampling
Renovation Education Rule property managers to respond quickly to technician course would qualify the
requirements. The term ‘‘interim problems such as a broken water pipe in individual to conduct dust sampling as
controls,’’ defined in 40 CFR 745.83 of an apartment even if the occupant is part of a renovation, but not as part of
the proposal, means measures designed away from the premises. EPA a lead-based paint activity under 40 CFR
to temporarily reduce exposure to lead- part 745, subpart L. EPA renovator or
anticipates that most property

based paint hazards. Some interim management companies who do their dust sampling technician certification
control projects, such as the repair of own maintenance will find it would allow the certified individual to
damaged areas of paint, are renovations advantageous to have a trained and perform renovations or dust sampling in
as defined in 40 CFR 745.83, and are certified renovator on staff to perform any State or Indian Tribal area that does
subject to the Pre-Renovation Education renovations, so there should be no not have a renovation program
Rule and would also be covered by this reason why these entities would not be authorized under 40 CFR part 745,
subpart Q. Each of these requirements is who disturbs, or whose employees the large number of renovations that
discussed in greater detail in the disturb, paint in excess of the minor EPA estimates would be subject to this
following sections. projects exception would be responsible proposed regulation annually. In
1. Firms—a. Firm responsibilities. for compliance with all of the addition, the processing of notifications
Proposed § 745.89(d) describes the requirements of the Pre-Renovation would require a significant resource
responsibilities of firms performing Education Rule and this proposal. In commitment on EPA’s part. However,
renovations or dust sampling. These this situation, renovation firms may find notification could improve EPA’s ability
firms must ensure that all persons it advantageous to decide among to monitor compliance with work
performing renovation activities on themselves which firm will be practice requirements while renovations
behalf of the firm are either certified responsible for providing pre-renovation are ongoing. EPA requests comment on
renovators or have been trained and are education to the owners and occupants, whether notifications should be
directed by a certified renovator in which firm will establish containment, required for all renovation projects, or
accordance with proposed § 745.90. and which firm will perform the post- whether they should be required for a
Firms must also ensure that all persons renovation cleaning and cleaning subset of regulated renovations, such as
performing dust sampling on behalf of verification. For example, a general large-scale projects, projects in rental
the firm are certified as either risk contractor may be hired to conduct a properties, or projects in housing built
assessors, inspectors, or dust sampling multi-faceted project involving the before 1940. Suggestions for how these
technicians. The firm is responsible for large-scale disturbance of paint, which categories could be identified are also
assigning a certified renovator to each the general contractor then divides up requested. In addition, EPA requests
renovation performed by the firm and among several subcontractors. In this comment on whether a notification
ensuring that the certified renovator situation, having the general contractor requirement should be phased in over
discharges all of the responsibilities discharge the obligations of the Pre- time, to allow the regulated community
identified in proposed § 745.90. The Renovation Education Rule is likely to and EPA to evaluate the effectiveness
firm is also responsible for ensuring that be the most efficient approach, since and the feasibility of such a
all renovations performed by the firm this only needs to be done once. The requirement.
are performed in accordance with the general contractor can then provide the b. Initial certification. Firms that
work practice standards in proposed subcontractors with copies of the signed perform renovations covered by this
§ 745.85. Finally, EPA is proposing to acknowledgment form or proof of proposal would have to be certified by
amend § 745.86 to require a firm to mailing. With regard to containment, EPA. EPA is proposing to add a
retain and make available to EPA all the general contractor may decide that definition of ‘‘firm’’ to 40 CFR 745.83 to
records necessary to demonstrate it is most cost-effective to establish one make it clear that this term includes
compliance with the provisions of this large work area for the entire project. In persons in business for themselves, i.e.,
proposal. These records would have to this case, from the time that sole proprietorships, as well as Federal,
include copies of training certificates for containment is established until post- State, Tribal, and local governmental
certified renovators and dust sampling renovation cleaning verification occurs, agencies, and nonprofit organizations.
technicians used on projects, along with all general contractor and subcontractor Firms covered by this proposal include
signed and dated descriptions of how personnel performing renovation tasks firms that typically perform renovations,
worker training activities, sign posting, within the work area would have to be such as building contractors or home
work area containment, waste handling, certified renovators or trained and
improvement contractors, as well as
cleaning, and post-renovation cleaning property management companies or
directed by certified renovators in
verification or clearance were owners of multi-family housing
accordance with this proposal. In
conducted in compliance with this performing property maintenance
addition, these personnel would be
subpart. These descriptions must activities that include renovations
responsible for ensuring the integrity of
include a certification by the record within the scope of this proposal.
the containment barriers. The cleaning EPA is proposing to use a process for
preparer that the descriptions are
and post-renovation cleaning certifying firms to perform renovations
complete and accurate. To assist firms
verification could be performed by any that is similar to the process currently
in complying with these recordkeeping
properly qualified individuals, without used to certify firms to perform lead-
requirements, EPA has developed a
regard to whether they are employees of based paint activities, such as
simple form that firms could use to
ensure that they are maintaining all of the general contractor or a inspections or abatements, that are
the necessary records (Ref. 51). Use of subcontractor. However, all contractors regulated by 40 CFR part 745, subpart L.
this form would not be mandatory, firms involved in the disturbance of lead- This proposal provides information
could keep the required records in any based paint, or who perform work about the certification and re-
manner that they choose. EPA requests within the work area established for the certification process, establishes
comment on the utility and practicality containment of lead dust and debris, procedures for amending and
of the sample recordkeeping form, would be responsible for compliance transferring certifications, and identifies
which EPA would make available on its with this proposal, regardless of any clear deadlines.
internet site and from the National Lead agreements the contractors may have Under proposed § 745.89(a), a firm
Information Center. EPA also requests made among themselves. wishing to become certified to perform
comment on the recordkeeping EPA considered requiring renovation renovations would submit a complete
requirements in general, as well as firms to provide notification to EPA ‘‘Application for Firms,’’ signed by an
information on the business records before commencing a renovation authorized agent of the firm, along with
activity, in the same way that abatement
typically kept by renovation firms that the correct certification fee. EPA intends
could be used to demonstrate firms are currently required by 40 CFR to establish firm certification fees in a
compliance with the training, 745.227(e)(4) to notify EPA before separate rulemaking.
certification, and work practice commencing an abatement. This is not Proposed § 745.89(a) also sets out
requirements of this proposal. the preferred option at this time because EPA’s possible responses to a firm
When multiple contractors are EPA believes that it would be unduly certification application and gives the
involved in a renovation, any contractor burdensome for renovation firms, given reasons why EPA would choose a
particular response. Under this this would not be guaranteed. If EPA information. To amend its certification,
proposal, EPA would approve a firm’s did not approve the re-certification a firm would be required to submit an
initial application within 90 days of application before the existing application, noting on the form that it
receipt if it is complete, including the application expired, the firm’s was submitted as an amendment. The
proper amount of fees, and if EPA certification would expire and the firm firm would be required to complete the
determines that the environmental would not be able to conduct sections of the application pertaining to
compliance history of the firm, its renovations until EPA approved its re- the new information, and sign and date
principals, or its key employees does certification application. In any case, the form. The amendment would have
not show an unwillingness or inability the firm’s new certification expiration to include the correct amount of fees.
to comply with applicable date would be 3 years from the date the Amending a certification would not
environmental statutes or regulations. If existing certification expired. affect the validity of the existing
the application is approved, EPA If the firm submitted an incomplete certification or extend the certification
proposes to follow the current practice application for re-certification, and EPA expiration date. EPA would issue the
under 40 CFR part 745, subpart L, of had not received all of the required firm a new certificate if necessary to
establishing the firm’s certification information and fees before the date the reflect information included in the
expiration date at 3 years from the date firm’s current certification expired, or if amendment. Firm certifications are not
of EPA’s approval. EPA certification the firm did not submit its application transferable--if the firm is sold, the new
would allow the firm to perform until after its certification expired, EPA owner must submit a new initial
renovations covered by this section in would not approve the firm’s re- application for certification in
any State or Indian Tribal area that does certification application. The firm could accordance with § 745.89(a).
not have a renovation program not cure any deficiencies in its e. Suspension, revocation, or
authorized under 40 CFR part 745, application package by postmarking modification of certification. EPA is also
subpart Q. If the application was missing information or fees by its proposing, in § 745.91, procedures for
incomplete, EPA would notify the firm certification expiration date. All suspending, revoking, or modifying a
within 90 days of receipt that its required information and fees would firm’s certification. These procedures
application was incomplete, and ask the have to be in EPA’s possession as of the are identical to the current procedures
firm to supplement its application expiration date for EPA to approve the in place for suspending, revoking, or
within 30 days. If the firm did not application. If EPA did not approve the modifying the certification of a firm that
supplement its application within that application, the Agency would provide is certified to perform lead-based paint
period of time, or if EPA’s check into the applicant with the reasons for not activities.
the compliance history of the firm approving the re-certification 2. Individuals—a. Renovators and
revealed an unwillingness or inability to application. Any fees submitted by the workers. EPA is proposing to establish a
comply with environmental statutes or applicant would not be refunded, but new individual certification discipline
regulations, EPA would not approve the the firm could submit a new application for renovators. All renovation activities
application and would provide the for certification, along with the correct covered by this proposal would have to
applicant with the reasons for not amount of fees, at any time. be performed by certified renovators, or
As with initial applications, this by persons who have received on-the-
approving the application. EPA would
proposal includes a description of the job training in lead-safe work practices
not refund the application fees. A firm
actions EPA may take in response to an from certified renovators. The certified
could reapply for certification at any
application for re-certification and the renovator assigned to a renovation
time by filing a new, complete
reasons why EPA would take a would be responsible for ensuring that
application that included the correct particular action. This section is
amount of fees. the renovation is performed in
identical to the proposed process for compliance with the work practice
c. Re-certification. Under proposed initial applications, except that EPA requirements of this proposal.
§ 745.89(b), a certified firm would will not require an incomplete Under the proposal, a certified
maintain its certification by submitting application to be supplemented within renovator must:
a complete and timely ‘‘Application for 30 days of the date EPA requests • Perform the post-renovation
Firms,’’ noting that it is an application additional information or fees. In the re- cleaning verification described in
for re-certification, and paying the certification context, as described in the proposed § 745.85(b).
required re-certification fee. With regard preceding paragraph, the firm must • Perform or direct uncertified
to the timeliness of the application for make its application complete by the workers who perform all of the work
re-certification, EPA is proposing that if date that its current certification practices described in proposed
a complete application, including the expires. There is no compelling reason § 745.85(a).
proper fee, is postmarked 90 days or to establish another deadline for making • Provide training to uncertified
more before the date the firm’s current an incomplete application complete. workers on the lead-safe work practices
certification expires, the application d. Amendments. Proposed § 745.89(c) they will be using in performing their
would be considered timely and would require that a firm amend its assigned tasks, how to isolate the work
sufficient, and the firm’s existing certification within 45 days whenever a area and maintain the integrity of the
certification would remain in effect change occurred to information containment barriers, and how to avoid
until its expiration date or until EPA included in the firm’s most recent spreading lead contamination beyond
had made a final decision to approve application. If the firm failed to amend the work area.
the re-certification application, or not, its certification within 45 days of the • Be physically present at the work
whichever occurred later. If the firm date the change occurred, the firm site when the signs required by
submitted a complete re-certification would not be authorized to perform proposed § 745.85(a)(1) are posted,
application fewer than 90 days before renovations until its certification was while the work area containment
the date the firm’s current certification amended. Examples of amendments required by proposed § 745.85(a)(2) is
expired, EPA might be able to process include a change in the firm’s name being established, and while the work
the application and re-certify the without transfer of ownership, or a area cleaning required by proposed
applicant before the expiration date, but change of address or other contact § 745.85(a)(4) is performed.
• Regularly direct the work being that the uncertified workers are abatement activities, with a certified
performed by uncertified persons to observing lead-safe work practices and supervisor and certified workers. EPA
ensure that lead-safe work practices are maintaining the integrity of the systems does not prefer this option primarily
being followed, the integrity of the employed to contain lead dust. When a because of the differences between
containment barriers is maintained, and certified renovator is not physically renovation projects and abatement
dust or debris is not spread beyond the present at the work site, the uncertified projects. All abatement projects have the
work area. workers must be able to contact the same purpose--to permanently eliminate
• Be available, either on-site or by renovator immediately by telephone or lead-based paint hazards. Renovation
telephone, at all times that renovations other mechanism. Because these projects that involve the disturbance of
are being conducted. workers would be allowed to work paint are performed for many different
• Have with them at the work site without formal training in protecting reasons, using many different
copies of their initial course completion children and other building occupants techniques. As a result, the training
certificate and their most recent (OSHA requires these workers, like all required by EPA for renovators is
refresher course completion certificate. construction workers, to receive training necessarily limited to the common
In order to use the term ‘‘renovator’’ in protecting themselves and other elements of interest to EPA, which are
to cover the new proposed certified workers from job hazards including the methods that a renovator can use to
discipline, EPA is proposing to revise lead), EPA believes that the kind of limit the creation of lead dust, prevent
the definition of the term in 40 CFR limited supervision envisioned by it from spreading to other parts of the
745.83 to describe what a renovator is OSHA’s competent person requirements dwelling, and properly clean it up
and how a renovator becomes certified. or the EPA regulations pertaining to afterwards. The containment and clean-
EPA is also proposing to modify the lead-based paint abatement supervisors up methods that would be required by
existing Pre-Renovation Education Rule is not sufficient in this situation. A walk this regulation are easy to understand
requirements to replace the word around the job site once every shift is and simple to use. A certified renovator
‘‘renovator’’ with a reference to the firm not enough to ensure that the who has received accredited training in
performing the renovation wherever the uncertified workers are following lead- these subjects should be able to
term appears. This is not intended to safe work practices at all times. communicate the principles of lead-safe
change the requirements of the Pre- EPA realizes that there may be other renovation to others with very little
Renovation Education Rule in any ways to achieve the goal of maximizing difficulty. In addition, during the
significant way. The effect of this flexibility for renovation firms while SBREFA panel process, discussed in
change is to make it clear that any ensuring that all persons involved in greater detail in Unit VIII.C., the
person associated with the firm performing renovations have sufficient regulated community expressed concern
performing the renovation, not training and oversight to perform their over training requirements, given the
necessarily the certified renovator, may tasks in a safe manner. An option EPA level of employee turnover in the
handle the firm’s pre-renovation considered was a requirement that a industry. Requiring certified renovators,
education responsibilities. certified renovator be physically present but allowing firms to use uncertified
This proposal would not require at the work site at all times while workers where necessary, is an attempt
everyone involved in performing a regulated renovation activities are to address this concern while still
regulated renovation project to be a ongoing. EPA believes that this ensuring that everyone who performs
certified renovator. To allow maximum approach would provide less flexibility regulated renovations understands how
flexibility for firms undertaking these for renovation firms, but requests to follow lead-safe work practices.
projects, EPA is proposing to allow comment on whether that is actually the b. Dust sampling technicians. In 1999,
these firms to use uncertified workers to case, and whether this approach would in order to make accurate dust testing
perform renovation activities as long as significantly improve the quality of the for lead more available and affordable,
they receive on-the-job training in lead- work performed by uncertified workers. Congress provided EPA with funding for
safe work practices from a certified Another way to provide flexibility for the development of a 1–day dust
renovator. This training must include firms would be to prohibit certified sampling technician course. Congress
instruction in the specific lead-safe renovators from being assigned to more also encouraged the Agency to promote
work practices that these workers will than one job at a time, while not the recognition of this discipline. EPA
be responsible for performing. To ensure specifying when a certified renovator completed the development of the
that renovations are performed safely, must be present during renovations, course, entitled ‘‘Lead Sampling
this proposal would require a certified except that only a certified renovator Technician Training Course,’’ in July of
renovator to be at the work site during would be permitted to perform the post- 2000. This course provides instruction
critical phases of the renovation activity renovation cleaning verification step. on how to conduct a visual assessment
to perform or direct uncertified workers EPA requests comment on whether this for deteriorated paint, collect samples
who perform tasks directly related to approach would provide flexibility and for lead dust, and interpret sample
protecting homeowners and occupants decrease costs for renovation firms results.
from the hazards of lead dust. These without also decreasing the amount of As discussed in Unit IV.E., some
tasks include posting warning signs, protection provided by these proposed renovators or homeowners may choose
containing the work area, and cleaning regulations. Regardless of the approach to perform dust clearance testing at the
the work site. The proposed post- used, EPA anticipates that most completion of renovation activities
renovation cleaning verification renovation contractors and property instead of the post-renovation cleaning
requirements would have to be management companies will find that process that EPA is proposing. Dust
performed by a certified renovator, they they achieve maximum efficiency and clearance testing after abatements must
could not be delegated to an uncertified flexibility by qualifying all of their be performed by a certified inspector or
worker. permanent employees who perform risk assessor in accordance with the
In addition, while the renovation renovations as certified renovators. procedures set forth in 40 CFR
project is ongoing, a certified renovator EPA considered an individual 745.227(e)(8). If dust clearance testing is
would have to be present at the work certification scheme similar to that to be performed after a renovation, it
site on a regular basis in order to ensure established for lead-based paint would also have to be performed as
directed in § 745.227(e)(8), but EPA is is not proposing to require additional that a course completion certificate from
also proposing to allow certified dust education or work experience of persons an accredited training provider serve as
sampling technicians to perform the wishing to become certified renovators. a renovator’s or dust sampling
testing. This proposal includes training To become a certified dust sampling technician’s certification. To facilitate
and certification requirements for the technician, a person would have to compliance monitoring, EPA would
dust sampling technician discipline to successfully complete a dust sampling require a certified renovator or dust
help ensure the quality of initial technician training course that has been sampling technician to have a copy of
training, provide for periodic refresher accredited either by EPA or by a State, the course completion certificate at the
training to keep dust sampling Territorial, or Tribal program authorized job site.
technicians up to date regarding current by EPA under 40 CFR part 745, subpart EPA also considered alternatives such
regulatory and technical protocols, and Q. The dust sampling technician course as requiring renovator and dust
assist the public in the identification of primarily covers dust sampling sampling technician candidates to apply
qualified individuals. Dust sampling methodologies and clearance standards to EPA for certification, following the
technicians would not be subject to any and testing. EPA is not proposing to same procedures established for worker
additional education or experience require additional education or work certification in 40 CFR 745.226. EPA
requirements beyond completion of an experience of persons wishing to also considered requiring a third-party
accredited dust sampling technician become certified dust sampling examination for persons wishing to
course, nor would they be required to technicians. become certified renovator or dust
pass a third-party certification EPA renovator certification would sampling technicians. A third-party
examination. As with the other certified allow the certified individual to perform examination would be an additional
disciplines, dust sampling technicians renovations covered by this section in check on the adequacy of the training
would be required to obtain re- any State or Indian Tribal area that does courses being offered, as well as an
certification every 3 years. not have a renovation program independent assessment of how well a
EPA has determined that accredited authorized under 40 CFR part 745, particular candidate retained the
dust sampling technicians would be subpart Q. EPA dust sampling information presented. On the other
qualified to perform the work described technician certification would allow the hand, a third-party examination would
in this Unit for renovations because the certified individual to perform dust significantly increase the burden of
training curriculum provides clearance sampling covered by this section in any administration and the expense of
sampling instruction that is equivalent State or Indian Tribal area that does not complying with these proposed
to that presented in inspector and risk have a renovation program authorized regulations. EPA requests comment on
assessor courses, in terms of time and under 40 CFR part 745, subpart Q. these options, as well as EPA’s
quality. Because EPA is not proposing any assessment of the costs and burdens of
A certified dust sampling technician additional education or work experience these options.
is responsible for collecting dust requirements, or a third-party d. Re-certification. EPA is proposing
samples, sending them to an EPA- examination similar to that taken by to require that renovators and dust
recognized laboratory, and comparing inspector, risk assessor, or supervisor sampling technicians who wish to
the results to the clearance levels in candidates, EPA believes that there is remain certified take refresher training
accordance with 40 CFR 745.227(e)(8). little value in requiring candidates to every 3 years. This is consistent with
The certified dust sampling technician apply to EPA to receive their renovator the existing re-certification interval for
must also have with them at the work or dust sampling technician firms and for certified individuals under
site copies of their initial course certification. Currently, the only 40 CFR 745.226. In addition, EPA is
completion certificate and their most certified discipline without proposing to require that the refresher
recent refresher course completion prerequisites in education or training course be half the length of the
certificate. experience, or a third-party initial course. This is also consistent
c. Initial certification. Proposed examination, is the abatement worker. with current practice for certified
§ 745.90 addresses renovator and dust When candidates for worker individuals performing lead-based paint
sampling technician certification. To certification apply to EPA, EPA verifies activities. If an individual does not take
become a certified renovator, a person that the copy of the training course a refresher course within 3 years of the
would have to successfully complete a certificate submitted with the date he or she completed the initial
renovator course that has been application is from an accredited course or the previous refresher course,
accredited by EPA or by a State, training provider. Without requiring that individual’s certification will
Territorial, or Tribal program authorized renovators or dust sampling technicians expire on that date and that individual
by EPA under 40 CFR part 745, subpart to apply to EPA for certification, under may no longer serve as a certified
Q. The renovator course accreditation this proposal EPA would still receive renovator or dust sampling technician
requirements are based on the joint course completion information from on a renovation project regulated by this
EPA-HUD model curriculum entitled course providers. With this information, proposal. There would be no grace
Lead Safety for Remodeling, Repair, & under the proposal EPA would be able period. To become certified again, the
Painting. More information on the to check to see if a particular course individual would have to take another
development of this curriculum and the completion certificate holder appeared initial training course.
accreditation of renovator and dust on a course completion list submitted EPA also considered an alternative of
sampling technician courses can be by the training course provider requiring certified renovators to re-take
found in Unit IV.D. The renovator identified on the certificate. When EPA the initial renovator course every 3
course primarily covers how to isolate inspects a renovation job for compliance years. The primary advantage to such an
and contain renovation projects so that with these proposed regulations, EPA approach is that, eventually, renovator
leaded dust does not escape, how to will have the ability to verify, to the course attendees would be a
minimize the creation of leaded dust, same extent, the validity of a course combination of experienced renovators
and how to properly clean up after a completion certificate held by a and persons new to the field. This
renovation project so that lead-based renovator or dust sampling technician at would allow the experienced persons to
paint hazards are not left behind. EPA that job. Therefore, EPA is proposing share helpful tips and lessons learned
with others and could have a positive inspectors and risk assessors are control measures, recordkeeping and
impact on the overall quality of the qualified to perform dust sampling as reporting requirements, as well as
training delivered. On the other hand, part of lead hazard screens, risk suspension, revocation, and
longer training requirements mean assessments, or abatements. This rule modification procedures. Proposed
increased costs for the regulated would also allow them to perform dust amendments to § 745.225 would add
community. In addition, with the sampling after renovation activities. specific requirements for the renovator
preferred option, certified renovators f. Persons who have previously taken and dust sampling technician
would always be permitted to substitute a course in Lead Safe Work Practices or disciplines. This proposal introduces
an initial renovator course for a a Dust Sampling Technician course. For minimum training curriculum, training
refresher course to allow maximum the purposes of HUD’s Lead Safe hour, and hands-on requirements for
flexibility, particularly if for some Housing Rule, many individuals have courses leading to certification as a
reason the person was unable to attend already taken HUD-approved training in renovator or a dust sampling technician.
a refresher course. EPA requests lead-safe work practices. In addition, The minimum curriculum
comment on this option on whether 3 many individuals have taken a dust requirements for an initial renovator
years is an appropriate interval for sampling technician course based on the course are described in proposed
refresher training, and whether refresher model developed by EPA. EPA is § 745.225(d)(6). The topics would
training should be required at all. specifically requesting comment on include the roles and responsibilities of
e. Individuals certified to perform whether a streamlined certification a renovator; background information on
lead-based paint activities. EPA is also process would be appropriate for these lead and its health effects; background
proposing to allow individuals who are individuals. For example, in on applicable Federal, State, and local
or who become certified lead-based promulgating the lead-based paint regulations and guidance; use of
paint abatement supervisors or workers activities certification requirements at acceptable test kits to test paint to
to act as certified renovators. These 40 CFR 745.226, EPA allowed persons determine whether it is lead-based
persons would have to possess a current who had previously taken worker paint; methods to minimize the creation
and valid certification from EPA or an training to become certified by EPA as of lead-based paint hazards during
EPA-authorized State, Territorial, or abatement workers without taking an renovations; containment and clean-up
Tribal lead-based paint program. EPA accredited initial lead-based paint methods; ways to verify that a
has determined that the training taken worker course. Individuals could renovation project has been properly
by candidates for supervisor or worker become certified as workers by completed, including clean-up
certification meets or exceeds the demonstrating that they had completed verification and clearance testing; and
proposed training requirements for training (including on-the-job training) waste handling and disposal. Hands-on
renovators with respect to many of the in the conduct of lead-based paint activities relating to renovation
requirements of this proposal. Both activities and completing an accredited methods, containment and clean-up,
disciplines must receive training in worker refresher course. This option clean-up verification, and waste
lead-based paint hazard recognition and was only available for a limited time. A handling would be required in all
control, as well as dust abatement and similar process could be used for courses. Proposed § 745.225(c)(6)(vi)
clean-up. However, the proposed post- individuals who have already taken would establish the minimum length for
renovation cleaning verification process, lead-safe work practices training and an initial renovator course at 8 training
discussed in Unit IV.E., and the use of who wish to become certified hours, with 2 hours being devoted to
test kits for paint testing is not currently renovators, or individuals who have hands-on activities. A training hour
being taught in abatement supervisor or taken a dust sampling technician course means at least 50 minutes of actual
worker courses. EPA plans to develop and who wish to become certified dust learning, including, but not limited to,
guidance documents on these processes, sampling technicians. time devoted to lecture, learning
and amend the model curriculum to g. Suspension, revocation, or activities, small group activities,
cover them. EPA requests comment on modification of certification. EPA is also demonstrations, evaluations, and hands-
whether an effective guidance document proposing, in § 745.89, procedures for on experience.
would be sufficient to familiarize suspending, revoking, or modifying an The minimum curriculum
abatement supervisors and workers with individual’s certification. These requirements for an initial dust
performing post-renovation cleaning procedures are identical to the current sampling technician course are
verification and using paint test kits, or procedures in place for suspending, described in proposed § 745.225(d)(7).
whether another approach, such as revoking, or modifying the certification The topics would include the roles and
requiring certified supervisors or of an individual who is certified to responsibilities of a dust sampling
workers to take a renovator refresher perform lead-based paint activities. technician; background information on
course, would allow the regulated However, EPA has added a sentence to lead and its adverse health effects;
community to make use of the this provision to make it clear that background information on Federal,
workforce already trained in lead-based renovator certification could be State, and local regulations and
paint hazard control, while ensuring suspended, revoked, or modified if the guidance that pertains to lead-based
that this workforce understands how to renovator does not ensure that projects paint and renovation activities; dust
perform the post-renovation cleaning to which he or she is assigned are sampling methodologies; clearance
verification requirements and use test conducted in accordance with the work standards and testing; and report
kits to test for lead-based paint. practice requirements in this proposal. preparation and recordkeeping
Persons who are or who become 3. Training providers. EPA is requirements. Proposed
proposing to amend the general
certified lead-based paint inspectors or § 745.225(c)(6)(vii) would establish the

risk assessors based on a certification accreditation requirements of 40 CFR minimum length for an initial dust
issued either by EPA under 40 CFR 745.225 to apply to training programs sampling technician course at 8 training
745.226 or by an authorized State or that offer renovator or dust sampling hours, with 2 hours being devoted to
Tribal program would be deemed under technician courses for certification hands-on activities.
the proposal to be certified dust purposes. The regulations describe Accreditation would also be required
sampling technicians. Certified training program qualifications, quality for refresher training courses for
renovators and dust sampling applicable to the proposed certification Clearance testing serves as a
technicians. Refresher courses would requirements for renovators or dust performance standard under the
consist of, at a minimum, 4 hours of sampling technicians. abatement regulations, allowing firms
training. Topics covered would have to Consistent with the existing flexibility when establishing and
include a review of the topics covered accreditation requirements for lead- cleaning a work area. Without such a
in the initial renovator or dust sampling based paint activities training programs, performance indicator for renovation it
technician course, along with general alternative training techniques (e.g., is necessary to more specifically
lead-based paint safety practices and video training, computer-based training) describe work practices and conditions
technologies. may be used as a supplement to the at a work site in order to protect the
EPA requests comment on whether all hands-on skills assessment or as a occupants and ensure that new lead-
of the topics that should be covered in substitute for the lecture portion of the based paint hazards are not introduced
the renovator and dust sampling training course requirements. All to the home. The proposed renovation
technician courses are included, and training programs, including those using work practices are consistent with the
whether hands-on activities should be alternative training methods, would be joint EPA-HUD curriculum, Lead Safety
required. EPA also requests comment on required to meet minimum hourly for Remodeling, Repair, & Painting (Ref.
whether the specified training hour requirements for hands-on activities in 52). EPA requests comment on the work
requirements for the initial and their training courses. In addition, all practice, cleaning, and cleaning
refresher courses are sufficient or training programs would have to verification requirements discussed in
excessive. In addition, EPA requests administer a course test and conduct a greater detail in this Unit.
comment on whether minimum training hands-on skills assessment. 1. Background. As was discussed in
hour requirements should be specified As currently required for training Unit III.B.3., HUD developed its
for these courses. EPA is concerned that providers who wish to offer lead-based Guidelines for the Evaluation and
such requirements may limit training paint activities courses, training Control of Lead-Based Paint Hazards in
provider flexibility without offering a providers who would like to provide Housing in response to a directive in
substantial contribution to the quality of courses leading to renovator or dust Title X. The Guidelines provide
training. sampling technician certification, or detailed, comprehensive technical
Renovator and dust sampling refresher training courses in those information on how to identify lead-
technician courses, both initial and disciplines, would have to apply to EPA based paint hazards in housing and how
refresher, could be taught in any for accreditation and pay an to control such hazards safely and
language, but accreditation would be accreditation fee. The application would efficiently. The Guidelines were the
required for each specific language the have to include a description of the result of The HUD Lead-Based Paint
provider wished to present the course facilities to be used for training, a Abatement Demonstration (FHA) that
in. All course materials and instruction description of the methods to be used to evaluated various lead-based paint
for the course would have to be in the present hands-on activities, the hazard control methodologies both for
language of the course. EPA is blueprint for the course test, and the effectiveness in reducing the lead
proposing to modify § 745.225(b)(1)(ii) quality control plan. In addition, the hazard and for amount of lead dust
to clarify that all lead-based paint proposal provides that if the training generated (Ref. 53), as well as a number
courses taught in different languages are provider will not be using EPA- of other research projects. The
considered different courses, and recommended model course materials, Guidelines were developed in close
accreditation must be obtained for each. or course materials approved by an consultation with EPA, CDC, OSHA,
To facilitate accreditation of courses in EPA-authorized State or Tribal program, several other Federal agencies, and
languages other than English, EPA is the application must include copies of numerous experts and practitioners.
proposing to require that the training all course materials, including the While the primary purpose of the
provider include in its application both agenda or syllabus. Guidelines is to provide guidance to
the English version as well as the non- people involved in identifying and
D. Renovation Activities
English version of all training materials, controlling lead-based paint hazards in
as well as a signed statement from a EPA is proposing to require that all Federally assisted housing, they have
qualified, independent translator that renovations subject to this rule be also proven to be useful in housing that
the translator has compared the non- conducted in accordance with a defined has no connection with the Federal
English language version of the course set of work practice standards. TSCA government. The Guidelines have been
materials to the English language section 402(a)(1) directs EPA to accepted as the de facto standard for
version and the translation is accurate. promulgate regulations that, among evaluation and reduction of lead
This requirement would apply to any other things, contain standards for hazards. EPA’s training and certification
course for which accreditation is sought, performing lead-based paint activities, program under TSCA sections 402 and
including lead-based paint activities taking into account reliability, 404 recognizes the Guidelines and their
courses. Finally, to assist EPA in effectiveness, and safety. In revising recommendations. The Guidelines
monitoring compliance with these those regulations to apply to renovation complement such regulatory programs
requirements, EPA is proposing to activities, EPA is proposing more because they provide more complete
require that course completion specific work practice standards for work practice recommendations and
certificates include the language in firms performing renovations than are explain why certain measures are
which the course was taught. currently required for certified firms recommended.
EPA is also proposing to modify the conducting lead-based paint abatement EPA relied on the Guidelines in
requirements for course completion activities regulated by 40 CFR part 745, developing draft technical specifications
certificates to make it clear that the subpart L. These more specific for renovation, repair, and painting
interim certification expiration date standards are necessary, because unlike activities (Ref. 54). While the Guidelines
applies only to initial lead-based paint abatement firms, under this proposal are focused on work practices associated
activities courses. The concept of renovation firms would not be required with hazard reduction (permanent or
interim certification is not applicable to to conduct clearance testing at the temporary elimination of existing lead
refresher courses, nor would it be conclusion of renovation activities. hazards), they also provide detailed
information relevant to renovation (i.e., This proposal presents basic work affected, and work methods used.
containment, and cleaning). In addition, practice standards derived from the Repairing a small area of damaged
the Guidelines have a useful section model training course, draft technical drywall is likely to generate less lead-
devoted to routine building manual, and the Guidelines, among contaminated dust and debris than
maintenance. While the activities other sources. These practices provide sanding a large area in preparation for
considered in this section are often standards as to how the work must be painting. Because of this variability, the
small-scale, and do not encompass the done in order to protect occupants from size of the area that must be isolated and
wide range of potential renovation work lead hazards. While the standards the containment methods used will vary
projects, they were extremely helpful in provide basic requirements for occupant from project to project. Large renovation
formulating work practice standards protection, site preparation, and clean- projects could involve one or more
that are intended to be scalable based up, the course provides more complete rooms and potentially encompass an
upon the activity being performed. guidance on how activities should be entire home or building, while small
EPA’s draft technical specifications carried out and why certain measures projects may require only a minimal
were developed in September 1998 with are recommended. amount of containment. The necessary
the assistance of the National Center for EPA requests comment on whether work area preparations will depend on
Lead Safe Housing (now known as the there may be situations where some or the size of the surface(s) being
National Center for Healthy Homes) in all of these proposed lead safe work disturbed, the method used in
consultation with a group of technical practices are not necessary. For disturbing the surface, and the building
experts. The specifications described example, where housing is not occupied layout. The certified renovator assigned
the precautions needed to ensure that during the renovation process, some or to a renovation would weigh all of these
lead-contaminated dust and debris are all of the lead safe work practice factors in determining the appropriate
minimized, controlled and properly requirements may not be necessary. In work area size and preparation level for
cleaned up. The technical specifications those cases, cleanup and cleaning that particular situation. For example,
themselves were developed to be verification may be sufficient. The repairing a small area of damaged
applicable both to contractors and to Agency requests comment on the drywall would probably require a
homeowners who perform these requirements that should apply in smaller work area and minimal
activities without the aid of a contractor. unoccupied housing, and also on preparation while demolition work
However, the specifications document whether there should be differential would probably require a larger work
requirements for other situations. area and extensive preparation in order
itself was not intended for use by the
2. Proposed work practice to prevent the migration of dust and
general public or contractors; it was
standards—a. Occupant protection. debris from the work area. The certified
developed to provide background Under proposed § 745.85(a)(1), work
information and serve as a reference for renovator is responsible for weighing all
areas must be clearly defined with signs
EPA to prepare technical materials, of these factors and designing a system
warning occupants and other persons
including a training curriculum. of containment that ensures that no dust
not involved in renovation activities to
Following completion of the draft and debris leaves the work area. EPA is
remain outside of the work area. These
technical specifications, EPA began proposing to define the term ‘‘work
signs must be posted before beginning
development of a model renovation area’’ as the area that the certified
the renovation and must remain in place
training curriculum. In September 2000, renovator establishes to contain all of
until the renovation has been completed
EPA completed development of the the dust and debris generated by a
and the work area has been verified to
curriculum Minimizing Lead-Based renovation, based on the certified
have been adequately cleaned. If
Paint Hazards During Renovation, renovator’s evaluation of the extent and
warning signs have been posted in
Remodeling, and Painting (Ref. 55). The accordance with HUD’s Lead Safe nature of the activity and the specific
model curriculum was developed with Housing Rule (24 CFR 35.1345(b)(2)) or work practices that will be used.
the assistance of a review panel of OSHA’s Lead in Construction Standard i. Interior renovations. At a minimum,
representatives from state regulatory (29 CFR 1926.62(m)), additional signs interior work area preparations must
programs, lead advocacy groups, are not required by this proposal. include removing or covering all objects
renovation contractors, EPA, HUD, and b. Containing the work area. Under in the work area, closing and covering
NIOSH. The course was developed to proposed § 745.85(a)(2), a firm must all forced air HVAC ducts in the work
provide strategies to reduce or eliminate contain the work area so that no visible area, closing all windows in the work
the introduction of hazards that occur dust or debris leaves the work area area, closing and sealing all doors in the
when lead-based paint is disturbed. The while the renovation is being work area, and covering the floor
curriculum was revised, in consultation performed. Containment refers to surface, including installed carpet, with
with HUD, and renamed Lead Safety for methods of preventing leaded dust from taped-down plastic sheeting in the work
Remodeling, Repair, & Painting in July contaminating objects in the work area area. Doors within the work area that
2003 (Ref. 52). The revised curriculum and from migrating beyond the work must be used while the job is being
is one of several courses approved for area. It includes everything from the performed must be covered with plastic
training purposes under HUD’s Lead simple use of disposable plastic drop sheeting or other impermeable material
Safe Housing Rule. The course cloths to the sealing of openings with in a manner that allows workers to pass
represented a major Agency effort to plastic sheeting. When planning a through, while confining dust and
protect public health from lead-based renovation project, special debris to the work area. In addition, all
paint hazards associated with consideration should be given to personnel, tools, and other items,
renovation and repainting activities, and including the exterior of containers of
determining the type of work site

was intended to be a model training preparation necessary to prevent dust waste, must be free of dust and debris
curriculum for future regulations. Upon and debris from leaving the work area. when leaving the work area.
completion of the course, EPA made the Renovation projects generate varying Alternatively, the paths used to reach
model curriculum publicly available amounts of leaded dust, paint chips, the exterior of the home must be
and encouraged renovation contractors and other lead-contaminated materials covered with plastic sheeting or other
to voluntarily obtain training. depending on the type of work, area impermeable material to prevent the
spread of lead contaminated dust and wet sanding tends to raise the grain of based paint waste may be disposed of in
debris outside the work area. wood surfaces preventing a smooth municipal solid waste landfill units, as
ii. Exterior renovations. For exterior finish which consumers demand. The long as those wastes are generated
projects, work area preparations must Agency believes that proper training, in during abatement or renovation and
include, at a minimum, covering the combination with appropriate remodeling activities in households
ground with plastic sheeting or other containment and cleanup requirements, (Ref. 56).
disposable impermeable material is safe, effective, and reliable in On June 18, 2003, EPA amended its
extending out from the edge of the preventing the introduction of new lead- regulations to provide an additional
structure a sufficient distance to collect based paint hazards. EPA is seeking option for disposal of this waste (Ref.
falling paint debris, closing all doors comment regarding the prohibition of 57). Having clarified that lead-based
and windows within 20 feet of the these practices, and specifically whether paint waste generated through
outside of the work area on the same different prohibitions should apply to abatements and renovation and
floor as the renovation, and closing all interior and exterior renovations. remodeling activities in residential
doors and windows on the floors below Although EPA is proposing to allow settings could be disposed of in
that area. For example, if the renovation the use of these practices, other Federal, municipal solid waste landfill units,
involves sanding a 5-foot by 5-foot area State, and local requirements may EPA also wanted to offer the option of
of paint on the third floor of a building, govern these practices and renovations disposing of this waste in construction
and that side of the building is only 40 in general. Persons performing and demolition (C&D) landfills.
feet long, all doors and windows on that renovations should check to see Accordingly, EPA amended 40 CFR
side of the third floor must be closed, as whether other regulations, including the 258.2 to add definitions for
well as all of the doors and windows on OSHA regulations at 29 CFR 1926.62, ‘‘construction and demolition (C&D)
that side of the second and first floors. apply to their projects. landfill’’ and ‘‘residential lead-based
In situations where other buildings are c. Waste from renovations. paint waste’’ and to amend the
in close proximity to the work area, or Renovation projects can generate a definition of ‘‘municipal solid waste
where the work area abuts a property considerable amount of waste material. landfill (MSWLF) unit.’’ The primary
line, the firm performing the renovation Lead-contaminated building purpose of these amendments was to
may have to take extra precautions in components and work area debris must allow a C&D landfill to accept
containing the work area to ensure that be handled carefully to prevent the residential lead-based paint waste
dust and debris from the renovation release of lead-contaminated dust and without becoming a municipal solid
does not contaminate other buildings or debris. EPA is concerned that allowing waste landfill unit and having to
migrate to adjacent property. In the storage of lead-contaminated waste comply with RCRA requirements for
addition, doors within the work area where it may be accessible to residents such units.
that must be used while the job is being and others could cause a lead-based When disposing of waste from
performed must be covered with plastic paint hazard. Therefore, under proposed renovation activities, the certified
sheeting or other impermeable material § 745.85(a)(3) a firm would be required, renovator should follow all applicable
in a manner that allows workers to pass at the conclusion of each work day, to Federal, State, and local requirements.
through while confining dust and debris store any collected lead-based paint d. Cleaning the work area. Under
to the work area. waste from renovation activities under proposed § 745.85(a)(4), a firm would be
iii. Prohibited practices. Under the containment, in an enclosure, or behind required to clean the work area to
current regulations for lead- based paint a barrier that prevents release of dust remove visible dust, debris or residue,
abatement activities, certain practices and debris and prevents access to the as well as dust particles too small to be
are prohibited in 40 CFR 745.227(e)(6). waste. seen by the naked eye. All renovation
These practices are open flame burning In addition, transporting lead-based activities that disturb painted surfaces
or torching of lead-based paint; machine paint waste in uncovered vehicles is a can produce dangerous quantities of
sanding, grinding, abrasive blasting, or possible source of releases in the form leaded dust. Because very small
sandblasting of lead-based paint except of paint chips or dust. The proposal particles of leaded dust are easily
when done with HEPA exhaust control; would require renovation firms absorbed by the body when ingested or
dry scraping of lead based-paint except transporting lead-based paint waste inhaled, a small amount can create a
around electrical outlets or for any area from a work site to contain the waste to health hazard for young children.
no more than 2 ft2 in any one room, prevent identifiable releases, e.g., inside Unless this dust is properly removed,
hallway, or stairwell, or for any area no a plastic garbage bag. renovation and remodeling activities are
more than 20 ft2 on exterior surfaces; In a policy issued on July 31, 2000, likely to introduce new lead-based paint
and operating a heat gun at 1100 degrees EPA’s Office of Solid Waste (OSW) hazards. Therefore, careful cleaning is
Fahrenheit or higher. clarified that both homeowners and required. Improper cleaning can
Unlike with abatement, EPA is contractors can be eligible for the increase the cost of a project
proposing to allow the use of these hazardous waste exclusion under 40 considerably because additional
practices during renovation activities. CFR 261.4(b)(1) for lead-based paint cleaning may be necessary during post-
The Agency understands that, because wastes generated from renovation and renovation cleaning verification.
these practices are commonly used remodeling activities in households, Although it may not be possible to
during renovation work, prohibiting including single and multiple remove all leaded dust generated by the
such practices could make certain jobs, residences. This conclusion was based renovation, it is possible to reduce it
such as preparing a surface for new on the fact that both the definition of below levels that EPA has determined to
painting, extremely difficult, if not ‘‘household waste’’ in 40 CFR
be hazardous.
impossible. For example, contractors 261.4(b)(1) and the Agency’s criteria for The proposal specifies that, upon
indicated there may be no practical way determining the scope of the exclusion completion of renovation activities, all
to restore old and historic millwork focus on the type of waste generated and paint chips and debris must be picked
other than open flame burning, and that the place of generation rather than the up. Protective sheeting must be misted
prohibiting dry scraping and sanding identity of the waste generator. and folded dirty side inward, using care
would cause many problems because Therefore, under this clarification, lead- to trap any remaining dust. Sheeting
used to isolate contaminated rooms performance specification is appropriate To achieve this goal, EPA has outlined
from non-contaminated rooms must for leaded dust cleanup. EPA also training requirements to provide
remain in place until after the cleaning requests comment on whether the rule renovators with information and
and removal of other sheeting; this should allow other types of vacuums in techniques on how to minimize the lead
sheeting must then be misted and addition to HEPA-equipped vacuums, dust they produce during renovation
removed last. Removed sheeting must given that the OSHA Lead in activities and the appropriate methods
be either folded and taped shut to seal Construction standard, at 29 CFR for cleaning the work area after a
or sealed in heavy-duty bags and 1926.62(h)(4), requires that vacuums be renovation has been completed. The
disposed of as waste. equipped with HEPA filters where Agency has also proposed a series of
After the sheeting has been removed vacuums are used. work practice standards that must be
from the work area, the entire area must After vacuuming, all surfaces and followed during renovations. In
be cleaned. The walls, starting from the objects in the work area, except for addition, to achieve the goal of ensuring
ceiling and working down to the floor, walls and carpeted or upholstered that residential renovations do not
would have to be vacuumed with a surfaces, must be wiped with a damp increase exposure to lead-based paint
vacuum equipped with a HEPA filter or cloth. Uncarpeted floors must be hazards, EPA has determined that
wiped with a damp cloth. The proposal thoroughly mopped using a 2-bucket additional cleaning verification
would require that all remaining mopping method that keeps the wash procedures are necessary.
surfaces and objects in the work area, water separate from the rinse water, or However, requiring dust clearance
including floors, furniture and fixtures, using a wet mopping system with sampling after each renovation project,
be thoroughly vacuumed with a vacuum disposable absorbent cleaning pads and as is done for abatements, would be
equipped with a HEPA filter. When a built-in mechanism for distributing or problematic for several reasons. Dust
cleaning carpets, the HEPA-equipped spraying cleaning solution from a clearance sampling, which is required
vacuum must be equipped with a beater reservoir onto a floor. after abatements, may be very
bar to aid in dislodging and collecting These special cleaning methods and expensive. The costs can be attributed to
deep dust and lead from carpets. The procedures are typically not standard two major factors: the cost of trained
beater bar must be used on all passes on operating procedure for general home personnel to collect the samples and the
the carpet face during dry vacuuming. improvement contractors. Therefore, cost of the laboratory analysis. EPA
Where feasible, floor surfaces this proposal seeks to train renovators estimates the cost of three dust samples
underneath a rug or carpeting must also and establish work practice standards to be approximately $160 to collect and
be thoroughly vacuumed with a HEPA- that renovators must follow to ensure no analyze. If EPA were to require dust
equipped vacuum. This cleaning step is lead-based paint hazards are introduced clearance sampling after every
intended to remove as much dust and as a result of a renovation. renovation project, it would make up a
remaining debris as possible. When cleaning following an exterior significant portion of the cost of smaller
EPA requests comment on whether renovation, under the proposal all paint projects. More information on the costs
the rule should allow the use of chips and debris must be picked up. of dust clearance sampling can be found
vacuums other than vacuums equipped Protective sheeting used for in Unit VIII.A. and in EPA’s draft
with HEPA filters. HEPA filters were containment must be misted with water. economic analysis of the impacts of this
first developed by the U.S. Atomic All sheeting must be folded carefully proposal (Ref. 59). In addition, dust
Energy Commission during World War from the corners or ends to the middle clearance sampling takes a great deal of
II to capture microscopic radioactive to trap any remaining dust. The sheeting time. Laboratory results may not be
particles that existing filters could not must be disposed of as waste. available for several days, during which
remove. HEPA filters have the ability to EPA invites comment on all aspects of time the work area cannot be re-
capture particles of 0.3 microns with its proposed work practice standards. occupied.
99.97% efficiency. Particles both larger EPA is especially interested in studies On the other hand, a visual
and smaller than 0.3 microns are easier showing the effectiveness of each inspection, while less expensive and
to catch. Thus, HEPA filters capture component of its proposed work less time-consuming than dust clearance
these particles with 100% efficiency. practices, as well as the effectiveness of sampling, does not provide sufficient
Available information indicates that these components in combination. As assurance that the renovation activities
lead particles generated by renovation noted in the Draft Economic Analysis have not increased the potential for
activities range in size from over 20 for this proposed rule, discussed in exposure to lead-based paint hazards.
microns to 0.3 microns or less (Ref. 58). greater detail in Unit VIII.A., the Agency Recent studies indicate that visual
It has been suggested that vacuums not assumes that the specified combination inspection alone is not a reliable and
equipped with HEPA filters fail to of warning signs, containment barriers, effective method for identifying the
capture smaller lead particles, and that cleaning measures, and the post- presence of a lead-based paint hazard
these vacuums are more likely to renovation cleaning verification process after cleaning (Ref. 60).
recirculate these particles to the air discussed in the next section, taken In addition, one of the significant
instead. EPA is concerned that the together, will result in lead dust levels difficulties associated with requiring
unintended release of lead particles into at or below the dust-lead hazard clearance after renovation projects is the
the air during cleaning activities may standards established at 40 CFR difference in focus and scope between
not only cause unintended dust lead 745.65(b). The available data, however, abatement projects and renovations. The
hazards in the work area, but that it does not support a quantitative purpose of an abatement project is to
could impact other areas of the dwelling assessment of the independent permanently eliminate lead-based paint
and lead-based paint hazards. It is
unit. EPA requests comment on whether efficiency of each of these measures.

there are other vacuums that have the therefore perfectly appropriate to
same efficiency at capturing the smaller E. Cleaning Verification require an assurance that the abatement
lead particles as HEPA-equipped 1. Background. The goal of this firm has, in fact, eliminated these
vacuums, along with any data that proposed rule is to ensure that lead- hazards. However, renovations may be
would support this performance based paint hazards are not created and performed for many reasons, most of
equivalency and whether this left behind after residential renovations. which have nothing to do with
eliminating lead-based paint hazards. cleaning was done, and in a controlled clearance. For the wet cloth protocol, all
Moreover, if clearance using dust wipes laboratory setting. The results of these of the sills that achieved ‘‘white glove’’
were required after every renovation job, studies indicate that dry cloths are most also achieved clearance, as did the four
it could have the effect of holding the effective in predicting clearance through sills that did not reach ‘‘white glove.’’
renovation firm responsible for abating the ‘‘white glove’’ test when the initial The floors in the housing units tested
all dust-lead hazards, including such lead levels are between 40 µg/ft2 and in this portion of the study were in
hazards that may have existed in the 200 µg/ft2. vacant buildings that had high levels of
area before the renovation commenced. EPA then began looking at wet accumulated lead that was often
During the public meetings in 1998 and disposable cleaning cloths (wet cloths) encrusted on the surface as part of a
1999, as well as during the SBREFA as a means to improve the effectiveness hard, gummy layer. In the case where
panel process, discussed in Unit VIII.C., of dry cloths. In a controlled setting, the false negative results were seen, it was
contractors pointed out that, if post- effectiveness of various combinations of primarily due to the moisture from the
renovation clearance sampling were dry cloths and wet cloths were tested, wet cloth loosening lead after the
required, the contractors would have to using a leaded dust loading of 1,600 µg/ ‘‘white glove’’ was achieved with the
protect themselves by collecting pre- ft2. The first protocol tested used only wet cloth.
renovation dust samples, to ensure that dry cloths--after ‘‘white glove’’ was The final report for these studies and
they would not be held liable for pre- achieved, the surface was wiped with the earlier studies, entitled Electrostatic
existing hazards. EPA understands this two more dry cloths. This protocol led Cloth and Wet Cloth Field Study in
concern and has attempted to address it to a false negative error rate of 30%, Residential Housing, underwent an
by finding an alternative to dust meaning that in 30% of the cases, external peer review process. The final
clearance sampling. The goal of this ‘‘white glove’’ was achieved, but dust report, including the Quality Assurance
proposal is to ensure any potential lead- sampling indicated that the surface lead Project Plan, the photographic
based paint hazards created during the levels exceeded 40 µg/ft2. This comparison standards, the comments
actual renovation project are cleaned up procedure was performed again, and from the peer reviewers, and EPA’s
by the renovation firm. EPA requests followed by one wiping with a wet response to the comments from the peer
comment on all of the available methods cloth. With this protocol, all 12 of the reviewers, has been placed into this
for achieving this goal, including visual tests performed resulted in levels below docket (Ref. 61). EPA also requests
inspections, dust clearance testing, and the clearance standard, or a false comments on the conclusions drawn
the proposed post-renovation cleaning negative error rate of 0%. Finally, the from this study, as well as on the study
verification process described below. original dry cloth protocol was used, itself. EPA is particularly interested in
EPA also requests comment on whether until ‘‘white glove’’ was achieved, and information or data on the Agency’s
any cleanup verification is necessary, then followed by one mopping with a conclusions that this approach is
given the proposed cleaning wet cloth. This simplified protocol practical and provides reliable
requirements described above. achieved a false negative error rate of information on removal of lead hazards
2. Disposable Cleaning Cloth/White 10%. and that renovators will be able to use
Glove Study. EPA began looking for an The promising results of this a reference card to properly assess when
alternative to dust clearance sampling controlled study led to a field test of ‘‘white glove’’ is achieved.
that would be quick, inexpensive, three potential protocols: Dry cloths to 3. Steps for cleaning verification.
reliable, and easy to perform. EPA ‘‘white glove,’’ dry cloths to ‘‘white Based on these study results, EPA is not
conducted a series of studies using glove’’ followed by one wet cloth, and proposing to require dust clearance
commercially available disposable wet cloths to ‘‘white glove.’’ This field sampling after any renovations. Instead,
cleaning cloths to determine whether test was performed in vacant housing for interior renovations, EPA is
variations of a ‘‘white glove’’ test could units. Lead levels were determined proposing to require an additional post-
serve as an effective alternative to dust before testing began, but no cleaning cleaning verification step following the
clearance sampling. White disposable was performed. The results of this field visual inspection. This step involves
cleaning cloths were used to wipe test were as follows: On floors, 91.5% of wiping the interior windowsills and
windowsills and wipe floors, then the surfaces that achieved ‘‘white glove’’ floors with a wet disposable cleaning
examined to determine whether dust using only dry cloths also achieved cloth and, if necessary, a dry disposable
was visible on the cloth. This clearance, while 97.3% of the floors that cleaning cloth, and comparing it to a
determination was made by visually achieved ‘‘white glove’’ using only wet cleaning verification card that EPA will
comparing the cloth to a photographic cloths also achieved clearance. In develop and distribute. A prototype of
standard that EPA developed to addition, 10 of the 11 floors where this card has been placed in the docket
correlate to a level of contamination that ‘‘white glove’’ was not achieved using (Ref. 62). The purpose of this step is to
is below the dust lead hazard standard dry cloths, and 20 of the 21 floors where verify that horizontal surfaces where
in 40 CFR 745.65(b). Cloths that ‘‘white glove’’ was not achieved using dust will settle have been adequately
matched the standard were considered wet cloths, achieved clearance anyway. cleaned. The specific post-renovation
to have achieved ‘‘white glove.’’ Unexpectedly, the protocol using dry cleaning verification requirements are
Initial studies focused on dry, or cloths to ‘‘white glove’’ followed by one proposed as follows.
electrostatic, disposable cleaning cloths wet cloth was the least successful a. Visual inspection. A certified
(dry cloths). These cloths were used to protocol--the false negative error rate for renovator must perform a visual
wipe a windowsill or a section of floor this protocol was nearly 20%. inspection to determine whether visible
until a cloth had achieved ‘‘white Windowsills were also tested during dust, debris, or residue is still present in
the work area. If such dust, debris, or
glove.’’ Then, dust samples were this part of the study, but only the all-
collected to determine whether the dry-cloth protocol and the all-wet-cloth residue is present, these conditions
windowsill or floor had also achieved protocol were used. For the dry cloth must be eliminated. If the renovation
clearance. These studies were protocol, 96.4% of the sills that involved is an interior renovation, these
conducted both in vacant buildings, achieved ‘‘white glove’’ also achieved conditions must be eliminated by re-
where the amount of leaded dust on the clearance, and the one sill that did not cleaning the work area as directed in
surfaces was uncontrolled and no pre- achieve ‘‘white glove’’ still passed proposed § 745.85(a)(4). After an
exterior work area passes the visual that are in poor condition or floors with that section of the floor must be re-
inspection, the project has been built-up layers of grime may be cleaned in accordance with proposed
properly completed and the warning particularly difficult. In the second field § 745.85(a)(4)(ii). After re-cleaning, the
signs may be removed. After an interior study of disposable cleaning cloths, renovator must wipe that section of the
work area passes the visual inspection, there were 21 floors that did not achieve floor again using a new wet cloth. If the
the cleaning of each windowsill and ‘‘white glove,’’ even after 15 separate wet cloth matches the cleaning
uncarpeted floor within the work area wipings with a fresh wet cloth. verification card, that section of the
must be verified as discussed in this However, 20 of these floors passed floor has passed. If the wet cloth does
Unit. clearance through dust sampling. not match the verification card, that
b. Interior windowsills. For interior Therefore, for each windowsill and section of the floor must be re-cleaned
renovations, after the work area has for those sections of the floor that did as directed in proposed § 745.85(a)(4)(ii)
been cleaned and has passed the visual not achieve post-renovation cleaning and left to dry.
inspection, a certified renovator must verification using the wet cloths, EPA is For those sections of the floor that did
wipe each interior windowsill (also proposing to require that after the not achieve post-renovation cleaning
known as a stool) in the work area with second re-cleaning, the surface be verification using the wet cloths, the
a wet disposable cleaning cloth. All wet allowed to dry, and then a dry certified renovator must wait for 1 hour
cloths used in the post-renovation disposable cleaning cloth verification after the floor has been re-cleaned or
cleaning verification process must be at process be performed. The dry cloth until the floor has dried, whichever is
least damp to the touch, and must may be less likely to dissolve additional longer. Then, the certified renovator
remain so during the process. After layers of built-up grime, which may must wipe those sections of the floor
wiping each windowsill with a wet have contributed to the phenomenon of with a dry disposable cleaning cloth and
cloth, the certified renovator must floors passing clearance, but not compare it to the cleaning verification
compare the cloth to the cleaning achieving ‘‘white glove’’ with the wet card. This wiping must also be
verification card. If the cloth matches cloths. In addition, lead dust trapped in performed using an application device
the card, that windowsill has passed the built-up layers of grime is not likely to with a long handle and a head to which
post-renovation cleaning verification. If be the result of a current renovation the dry cloth is attached. This process
the cloth does not match the card, that activity. must be repeated until a dry cloth that
windowsill must be re-cleaned in c. Floors. After the windowsills in the has wiped all of the sections of the floor
accordance with proposed work area have passed the post- that have not yet passed verification
§ 745.85(a)(4)(ii). After the windowsill renovation cleaning verification, a matches the cleaning verification card.
has been re-cleaned, the certified certified renovator must wipe the floor At that point, the entire floor has passed
renovator must wipe that windowsill surfaces in the work area with a wet the post-renovation cleaning verification
with a new wet cloth, or the same one disposable cleaning cloth. Wiping of process and the warning signs may be
folded so that an unused surface is floors must be done with an application removed.
exposed, and compare it to the cleaning device consisting of a long handle and EPA believes that adherence to this
verification card. If the cloth matches a head to which the wet cloth is post-renovation cleaning verification
the card, that windowsill has passed. If attached. This will help the certified protocol, in combination with the
not, the windowsill must be re-cleaned renovator apply fairly constant pressure proposed training, containment, and
again and left to dry. over the floor surface. Again, the wet cleaning requirements is a safe, reliable
To perform this verification on a cloth must remain at least damp to the and effective system of ensuring that
windowsill, the certified renovator must touch throughout this process. During renovation activities do not result in an
wait for one hour after the surface has the field studies, the cloths tended to increased risk of exposure to lead-based
been re-cleaned or until the surface has dry out as they were used over large paint hazards. In the great majority of
dried, whichever is longer. Then, the areas, or on more porous floor surfaces. cases, windowsills and floors that
certified renovator must wipe the As the cloths dry out, they pick up less achieve post-renovation cleaning
windowsill with a dry disposable dust. To ensure that the cloths remained verification will also pass dust clearance
cleaning cloth and compare it to the damp during the field studies, the sampling. EPA specifically requests
cleaning verification card. This process persons performing the wiping were comment on the elements of the
must be repeated until a dry cloth, or a directed to use each wet cloth on no proposed protocol, especially with
folded section of a dry cloth, that has more than 40 ft2 of floor area (Ref. 63). regard to their efficacy and utility. EPA
wiped the windowsill matches the EPA is proposing to require the same for also requests comments on whether the
cleaning verification card. At that point, the purposes of post-renovation reliability of the cleaning verification
that windowsill has passed the post- cleaning verification, but requests would be improved if it were performed
renovation cleaning verification process. comment on whether this is an by an individual who had not
Each windowsill in the work area must appropriate size cut-off. If the floor previously participated in the
pass the post-renovation cleaning surface in the work area exceeds 40 ft2, renovation activity, for example,
verification process. the certified renovator would divide the another certified renovator in the
EPA considered requiring that floor surface into sections, each section renovation firm.
certified renovators repeat the process of being less than 40 ft2, and perform the d. Carpets. As a final step in the
cleaning and then wiping with a wet post-renovation cleaning verification on renovation process, EPA is proposing
disposable cleaning cloth until each each section separately. that after containment is removed, the
windowsill and each section of If the wet cloth used to wipe a work area be thoroughly cleaned. For
uncarpeted floor within the work area particular section of floor matches the floors, the proposal would require
achieved post-renovation cleaning cleaning verification card, that section vacuuming with a HEPA-equipped
verification with a wet cloth. The has passed the post-renovation cleaning vacuum. When cleaning carpets, the
disposable cleaning cloth studies verification. If, however, on the first vacuum would have to be equipped
suggest that it is possible that some wiping of a section of the floor surface, with a beater bar to aid in dislodging
floors may never achieve verification the wet cloth does not match the and collecting leaded dust. EPA believes
with a wet cloth. Verification on floors cleaning verification card, the surface of that use of the HEPA-equipped vacuum
equipped with a beater bar to dislodge In making this determination, EPA Federal program. As it did in the
dust and debris is the most effective did not specifically consider the regulations at 40 CFR part 745, subpart
cleaning practice for carpets, and that an question of whether both the hazard and L, for lead-based paint activities, the
effective cleaning verification method the clearance floor standards should Agency is also seeking to provide
for carpets is not available. EPA is not apply to carpeted floors. Because the Federally recognized Indian Tribes the
proposing that the ‘‘white glove’’ hazard and clearance standards were opportunity to apply for and receive
cleaning verification protocol be used numerically equal, even though they program authorization similar to that
on carpets after they have been cleaned served different purposes and uses, EPA available to States. Providing Indian
using a HEPA-equipped vacuum chose to apply both standards to Tribes with this opportunity is
equipped with a beater bar. EPA did not carpeted and uncarpeted floors. consistent with EPA’s Policy for the
verify use of the ‘‘white glove’’ protocol The decision to apply the clearance Administration of Environmental
on carpets. In addition, there are standard to carpeted floors ultimately Programs on Indian Reservations (Ref.
questions about the validity of dust had little consequence, given the 17).
clearance sampling on carpeted floors, context in which clearance standards Accordingly, EPA is proposing to
even though such sampling is required are used--namely, to ensure that allow interested States, Territories, and
by EPA after abatements and by HUD sufficient cleanup has been performed Indian Tribes the opportunity to apply
after interim controls. In its final rule for after an abatement. Typically, in for, and receive authorization to,
hazard and clearance standards for the abatement situations, carpets that are in administer and enforce all of the
Title X program (Ref. 24), the Agency poor condition or are known to be elements of the new subpart E, as
included standards for carpeted floors, highly contaminated are removed and
amended. States, Territories and Tribes
even though the proposed floor disposed of. Where carpets are not
may choose to administer and enforce
standards would have applied only to replaced, they are cleaned according to
just the existing requirements of subpart
bare floors (Ref. 64). The Agency specified criteria (Ref. 27). In general,
E, the pre-renovation education
initially was concerned that there was a carpets are acknowledged to be
elements, or all of the requirements of
lack of data on the relative performance potential traps of leaded dust and great
the proposed subpart E, as amended.
of sampling methods for carpets, given care is taken to replace or thoroughly
Under this proposal, EPA would not
that various studies had used different clean them in order to ensure that, once
authorize a State, Territorial, or Tribal
sampling techniques (e.g., the Baltimore the abatement is concluded, the housing
program that sought only the authority
Repair and Maintenance Study’s ‘‘BRM’’ unit is cleanable so that the benefits of
the abatement will continue as long as to administer and enforce the training,
vacuum (Ref. 65), the Comprehensive certification, accreditation, and work
Abatement Performance Pilot Study’s routine cleaning is performed.
Consequently, EPA believes that it is practice requirements of this proposal,
‘‘Blue Nozzle’’ vacuum (Ref. 66), and and not the pre-renovation education
standard dust wipes). Additionally, the this special attention to carpets that
ensures that they are sufficiently clean, provisions of subpart E. Because this
Agency did not have adequate data on proposal allows and encourages
the effectiveness of carpet cleaning rather than reliance upon only a post-
abatement wipe clearance sample. renovation firms to use the existing
techniques that would be needed to pamphlet acknowledgment process to
e. Optional use of clearance testing.
establish a dust clearance level for obtain information about occupant age
Some renovators or homeowners may
carpeted floors. Consequently, there and rental status, in order to determine
choose to perform clearance at the
were problems establishing a dust lead whether the property would be covered
completion of renovation activities
level on a wipe that would by these regulations, and because the
instead of the post-renovation cleaning
independently indicate that the carpet verification described in proposed pre-renovation education provisions are
had been sufficiently cleaned. This § 745.85(b). If so, dust sampling for an integral part of ensuring that
problem was exacerbated by the wide clearance would have to be performed consumers have the information they
variety of carpet types and conditions by a certified inspector, risk assessor, or need to make informed decisions about
that would likely be encountered in dust sampling technician, who would renovation practices in their homes,
residential units. be responsible for collecting dust EPA believes that authorizing States,
The Agency changed its position in samples, sending them to an EPA- Territories, and Tribes to administer all
the final lead hazard standards rule as recognized laboratory, and comparing of the regulations applicable to
a result of commenters’ concerns that the results to the clearance levels in renovations is the best approach.
many housing units contained carpeting accordance with 40 CFR 745.227(e)(8). However, some States have already been
and that, without a standard, such units EPA recommends that the renovation authorized to administer and enforce
could not be assessed for the presence work area be re-cleaned if the home fails the existing pre-renovation education
of lead hazards from floor dust. Based the clearance test. It is a good idea to provisions in 40 CFR part 745, subpart
upon data available to the Agency at specify in the renovation contract who E. EPA believes that those States should
that time (Ref. 67), EPA estimated that is responsible for this re-cleaning if the be able to continue administering their
approximately 54 million housing units home fails the clearance test. EPA pre-renovation education programs
built prior to 1978 contained some wall- welcomes comment on this part of the without being required to add the
to-wall carpeting and, of these, 47 proposal. training, certification, accreditation, and
million had such carpeting in living work practice elements of this proposal.
rooms and 46 million in bedrooms (i.e., F. State Renovation Model Program and Therefore, EPA is proposing to allow all
rooms in which children reside and Authorization Process States, Territories and Tribes to apply
play frequently). Agreeing with these Recognizing the importance of EPA’s for authorization to administer and
concerns, the Agency determined that State partners in achieving the goal of enforce only the pre-renovation
the floor standards (using dust wipes) eliminating lead-based paint hazards in education requirements of 40 CFR part
should apply to both bare and carpeted housing, Congress specifically directed 745, subpart E. Because there are no
floors in order that all floors would be EPA to establish model State programs authorized jurisdictions in the opposite
addressed in lead hazard screens, risk and a process for authorizing States to position, no existing State, Territorial,
assessments, and abatements. operate lead-safe programs in lieu of the or Tribal program will have to choose
between adding more program requirements for the certification of more specific to lead dust hazards
responsibilities or relinquishing its renovators would also be necessary. At created during renovation activities to
authorization. a minimum, these must include a be distributed to occupants before these
For the purpose of authorizing State, requirement that certified renovators activities commence. EPA intends to
Territorial, and Tribal programs, EPA is have taken accredited training, and announce in a future Federal Register
proposing to use the existing procedures procedures and requirements for re- notice the availability of this new
codified in 40 CFR part 745, subpart Q, certification. State, Territorial, and pamphlet, entitled Protect Your Family
with the amendments of this proposal Tribal programs applying for from Lead During Renovation, Repair &
setting forth the specific elements that authorization would also be required to Painting (the ‘‘RRP’’ pamphlet) for
would be required of a program seeking establish work practice standards for notice and comment.
authorization to administer and enforce renovations that ensure that renovations The RRP pamphlet is very similar to
the training, certification, accreditation, are conducted only by certified the original PYF pamphlet in that both
and work practice requirements of this renovation firms and the renovations are pamphlets contain information on lead
proposal. In accordance with the current conducted using lead-safe work human health effects, human exposure
process for authorization, States, practices at least as protective as those pathways, lead testing, and the location
Territories and Tribes may not choose of the Federal program. As is the current of additional information resources (Ref.
only to administer, but not enforce, the practice with lead-based paint activities, 68). However, after careful analysis of
provisions of subpart E, nor may they EPA will not require State, Territorial, available research data related to lead-
selectively choose to administer and or Tribal programs to certify both firms based paint and renovation activities,
enforce only the accreditation or and individuals that perform EPA has decided to place more
certification provisions, but not the renovations. States, Territories and emphasis on potential hazards caused
work practice standards, for Tribes may choose to certify either firms by disturbing lead-based paint during
renovations. or individuals, so long as the renovation activities. This new
States, Territories, and Tribes seeking individuals that perform the duties of emphasis offers the public additional
authority to administer and enforce the renovators are required to take information regarding lead-safe work
provisions of this proposal must obtain accredited training. practices which can greatly reduce the
public input, then submit an application EPA encourages States, Territories, creation and release of leaded dust.
to EPA. Existing 40 CFR 745.324 and Tribes that may be considering Because the RRP pamphlet was
describes the process for applying for establishing their own renovation developed specifically to inform the
authorization. Applications must programs to keep reciprocity in mind as public about the potential lead hazards
contain a number of items, including a they move forward. The benefits to be that can be caused by renovation
description of the State, Territorial, or derived from reciprocity arrangements activities, EPA is proposing to require
Tribal program, copies of all applicable with the Federal program and other the RRP pamphlet to be handed out
statutes, regulations, and standards, and authorized jurisdictions include a prior to renovation activities instead of
a certification by the State Attorney potential cost-saving from reducing the PYF pamphlet. This pamphlet
General, Tribal Counsel, or an duplicative activity and the contains information on lead-based
equivalent official, that the applicable development of a professional paint hazards specific to renovation
legislation and regulations provide renovation workforce more quickly, activities, as well as information on how
adequate legal authority to administer thus providing maximum flexibility to to select a renovation firm.
and enforce the program. The program State, Territorial, or Tribal residents. In As an alternative to the RRP
description must demonstrate that the addition, the Agency encourages States, pamphlet, an authorized State or Tribal
State, Territorial, or Tribal program is at Territories and Tribes to consider the program could distribute an alternate
least as protective as the Federal use of existing certification and pamphlet that had been reviewed and
program. In this case, the Federal accreditation procedures as they approved by EPA in accordance with 40
program consists of the requirements for develop their programs. These existing CFR 745.326. The alternate pamphlet
training, certification, and accreditation programs need not be limited to lead- would have to contain renovation-
and the work practice standards in this based paint. For example a State may specific information similar to that in
proposal. choose to add lead-safe renovation the RRP pamphlet, would have to meet
To be eligible for authorization to requirements to their existing contractor the content requirements prescribed by
administer and enforce the training, licensing programs. TSCA section 406(a), and would have to
certification, accreditation, and work be in a format that was readable to the
practice requirements of this proposal, V. New Renovation-Specific Pamphlet diverse audience of housing owners and
EPA is proposing to require that State, The existing regulations at 40 CFR occupants in that State or Tribe.
Territorial, and Tribal renovation part 745, subpart E, require each person EPA therefore proposes to amend the
programs contain certain minimum who performs for compensation a definition of ‘‘pamphlet’’ in 40 CFR
elements. These minimum elements renovation of target housing to provide 745.83 to refer specifically to the RRP
would be very similar to the minimum a lead hazard information pamphlet to pamphlet. The effect of this amendment
elements currently codified in 40 CFR owners and occupants of such housing would be to require that renovators who
745.326(a) for lead-based paint prior to commencing the renovation. are required under 40 CFR part 745,
activities. In order to be authorized, The term ‘‘pamphlet’’ is defined at 40 subpart E, to distribute an information
State, Territorial, or Tribal programs CFR 745.83 to mean, in part, the EPA pamphlet, distribute the RRP pamphlet
would have to have procedures and pamphlet developed under TSCA rather than the PYF pamphlet.
requirements for the accreditation of section 406(a) for use in complying with In addition, to maintain consistency
training programs, which could be as this and other regulations under TSCA among the Federal, State, and Tribal
simple as procedures for accepting Title IV and Title X. Until recently, the pre-renovation notification program
training provided by an EPA-accredited only pamphlet developed under TSCA requirements, EPA proposes to amend
provider, or a provider accredited by section 406(a) was Protect Your Family 40 CFR 745.326 to require authorized
another authorized State, Territorial, or from Lead in Your Home (Ref. 20). EPA State or Tribal programs to use the RRP
Tribal program. Procedures and has now developed another pamphlet pamphlet or create and distribute an
alternate pamphlet. Alternate pamphlets on ways to avoid multiple jurisdictions developing programs, may
would be required to contain accreditations and certifications in need time to amend their programs and
renovation-specific information similar jurisdictions that are unable to receive either adopt the RRP pamphlet or
to that in Protect Your Family from Lead authorization for their programs within develop and obtain approval for an
During Renovation, Repair & Painting, the first year after EPA promulgates a alternate pamphlet. EPA has worked
meet the content requirements final rule. In addition, EPA requests with the existing State programs to
prescribed by section 406(a) of TSCA, comment on whether any develop an acceptable time frame for
and be in a format that is readable to the implementation delay is necessary, meeting the new requirements. In doing
diverse audience of housing owners and given that EPA accreditation and so, EPA identified three potential non-
occupants in that State or Tribe. certification would be valid in any State Federal program categories: (1)
or Indian Tribal area that does not have Programs authorized prior to the
VI. Effective Dates a renovation program authorized under effective date of the final rule, (2)
A. Requirements for Renovation 40 CFR part 745, subpart Q. potential new programs with an
Activities Firm certification applications would application submitted but not approved
be accepted by EPA starting 6 months prior to the effective date of the final
Interested States, Territories and
after EPA begins accepting training rule, and (3) potential new programs
Indian Tribes could begin applying for
provider accreditation applications, or that might apply after the effective date
authorization of renovation programs
18 months after the promulgation date of the final rule. The time frame for
from EPA as soon as the final rule is
of the final rule. The work practice compliance for each category is set forth
promulgated. Also, after the final rule is
standards would become effective 2 in proposed 40 CFR 745.326(b)(3).
promulgated, providers of courses that years after the promulgation date of the In sum, such programs authorized
cover lead-safe work practices for final rule, at which time all covered prior to the effective date of the final
renovations could continue to offer renovations would have to be performed rule would demonstrate compliance in
these courses, but they would not be in accordance with those standards by the first § 745.324(h) report submitted at
permitted to advertise these courses for certified renovators and trained least 2 years after the effective date of
EPA certification purposes until they workers. the final rule. Potential new programs
receive accreditation from EPA. As discussed in Unit IV.B., EPA is with an application submitted but not
EPA would begin accepting training proposing to initially apply the training, approved prior to the effective date of
provider accreditation applications for certification, accreditation, and work the final rule would demonstrate
renovator and dust sampling technician practice requirements of this proposal to compliance in the first § 745.324(h)
initial and refresher courses 1 year after pre-1960 rental target housing, pre-1960 report submitted at least 2 years after
promulgation of a final rule. The reason owner-occupied target housing where a the effective date of the final rule or by
for the delay is to provide interested child under age 6 resides, and any target amending their application to comply
States, Territories and Indian Tribes 1 housing where a child under age 6 with with this amendment. Potential new
year to develop, or begin developing, a blood lead level that equals or exceeds programs that might apply after the
renovation-specific work practice 10 µg/dL, or any lower State or local effective date of the final rule would be
standards and accreditation, training, government level of concern, resides. required to demonstrate compliance
and certification programs. EPA believes Those requirements would apply 1 year with the amendment at the time of their
the nation’s experience in implementing later to rental target housing built application to EPA for program
the lead-based paint activities program between 1960 and 1978, and owner- approval.
regulations at 40 CFR part 745, subpart occupied target housing built between
L should help everyone involved, 1960 and 1978 where a child under age VII. References
including States, Territories, Tribes, the 6 resides. Allowing for the time given to The following is a list of the
regulated community, and EPA, move interested States, Territories and Tribes documents that are specifically
more quickly towards implementing to develop programs, the first phase of referenced in this proposed rule and
renovation programs. Thus, EPA is not this regulation would be fully effective placed in the public docket that was
proposing to make training programs for 2 years after the date of promulgation of established under Docket ID number
the federal program wait 2 years before a final rule. The second phase of this EPA–HQ–OPPT–2005–0049. For
they can receive accreditation, as EPA regulation would take effect 3 years after information on accessing the docket,
did for the subpart L regulations. On the a final rule is promulgated. refer to the ADDRESSES unit at the
other hand, EPA is concerned about the beginning of this document.
duplication of effort that could occur, B. Renovation-specific Pamphlet
1. U.S. Environmental Protection
and the additional costs that could be EPA is also proposing to phase in the Agency (USEPA). Sample
incurred by the regulated community, if requirement to use the new RRP acknowledgment form. (2005).
EPA begins accrediting training pamphlet discussed in Unit V. For the 2. Residential Lead-Based Paint
providers and certifying firms in purpose of complying with the Federal Hazard Reduction Act of 1992 (Title X)
jurisdictions that are also working Pre-Renovation Education Rule, in the (Public Law 102–550).
towards implementing their own first 6 months after this regulation is 3. U.S. Department of Health and
programs. Training providers, firms, and promulgated, persons performing Human Services (HHS), Public Health
individuals working in such renovations could distribute either the Service (PHS), Centers for Disease
jurisdictions could end up having to PYF or the new RRP pamphlet. After 6 Control and Prevention (CDC).
become accredited or certified by both months, only the RRP pamphlet could Preventing Lead Poisoning in Young
EPA and the State, Territory or Tribe
be used to comply with the Pre- Children; A Statement by the Centers for
within a fairly short period of time. EPA Renovation Education Rule in Disease Control and Prevention (August
requests comment on the feasibility of jurisdictions where the Federal program 2005).
developing State, Territorial, or Tribal is in effect. 4. HHS, PHS, Agency for Toxic
programs and getting them authorized However, EPA recognizes that Substances and Disease Registry
within a year after EPA promulgates a approved State, Territorial, and Tribal (ATSDR). Toxicological Profile for Lead
final rule. EPA also requests comment Pre-Renovation Education programs, or (July 1999).
5. USEPA, Office of Research and Certification of Lead-based Paint Childhood Blood-Lead Study (EPA 747-
Development (ORD). Air Quality Activities Contractors; Final Rule. R-99-002, March 1999).
Criteria for Lead, First External Review Federal Register (64 FR 31092, June 9, 33. USEPA. Report of the Small
Draft (EPA/600/R-05/144aA, December 1999). Business Advocacy Review Panel on the
2005) 19. USEPA. Lead; Notification Lead-based Paint Certification and
6. USEPA. Integrated Risk Information Requirements for Lead-Based Paint Training; Renovation and Remodeling
System; Lead and compounds Abatement Activities and Training; Requirements (March 3, 2000).
(inorganic) (CASRN 7439–92–1) (July 8, Final Rule. Federal Register (69 FR 34. McMillan Associates. Response to
2004). 18489, April 8, 2004). SBREFA Panel Recommendations for
7. U.S. Consumer Product Safety 20. USEPA, Consumer Product Safety Further Analysis of Existing Phase III
Commission. Federal Register (42 FR Commission, U.S. Department of Data (August 6, 2001).
44199, September 1, 1977, as amended Housing and Urban Development 35. HHS, PHS, CDC. Children with
at 43 FR 8515, March 2, 1978). (HUD). Protect Your Family From Lead Elevated Blood Lead Levels Attributed
8. U.S. Department of Labor (USDOL), in Your Home (EPA 747-K-99-001, June to Home Renovation and Remolding
Occupational Safety and Health 2003). Activities--New York, 1993-1994.
Administration (OSHA). Final Standard 21. USEPA. Lead Hazard Information Morbidity and Mortality Weekly Report
for Occupational Exposure to Lead. Pamphlet; Notice of Availability. (45(51); 1120-1123, January 3, 1997).
Federal Register (43 FR 52952, Federal Register (60 FR 39167, August
November 14, 1978). 36. Reissman, Dori B., Thomas D.
1, 1995). Matte, Karen L. Gurnite, Rachel B.
9. USDOL, OSHA. Lead Exposure in 22. HUD, USEPA. Lead; Requirements
Construction; Interim Final Kaufmann, and Jessica Leighton. ‘‘Is
for Disclosure of Known Lead-Based Home Renovation or Repair a Risk
Rule.Federal Register (58 FR 26590, Paint and/or Lead-Based Paint Hazards
May 4, 1993). Factor for Exposure to Lead Among
in Housing; Final Rule. Federal Register Children Residing in New York City?’’
10. USEPA. Control of Lead Additives (61 FR 9064, March 6, 1996).
in Gasoline; Final Rule. Federal Journal of Urban Health: Bulletin of the
23. USEPA. Lead; Requirements for New York Academy of Medicine. Vol.
Register (38 FR 33734, December 6, Hazard Education Before Renovation of
1973). 79, No. 4, 502-511, (December 2005).
Target Housing; Final Rule. Federal 37. USEPA. Lead Exposure Associated
11. USEPA. Maximum Contaminant
Register (63 FR 29908, June 1, 1998). With Renovation and Remodeling
Level Goals and National Primary
24. USEPA. Lead; Identification of Activities: Phase IV, Worker
Drinking Water Regulations for Lead
Dangerous Levels of Lead; Final Rule. Characterization and Blood-Lead Study
and Copper; Final Rule. Federal
Federal Register (66 FR 1206, January 5, of R&R Workers Who Specialize in
Register (56 FR 26460, June 7, 1991).
12. U.S. Department of Health and 2001). Renovation of Old or Historic Homes
Human Services (HHS), Public Health 25. USEPA. Targeted Grants to (EPA 747-R-99-001, March 1999).
Service (PHS), Centers for Disease Reduce Childhood Lead Poisoning; 38. USEPA. Lead Exposure Associated
Control and Prevention (CDC). Notice of Funds Availability. Federal with Renovation and Remodeling
Preventing Lead Poisoning in Young Register (69 FR 69913, December 1, Activities; Final Summary Report (EPA
Children; A Statement by the Centers for 2004). 747-S-00-001, January 2000).
Disease Control and Prevention (October 26. HUD. Requirements for
39. USEPA. TSCA Section 402(c) Lead
1991). Notification, Evaluation, and Reduction
Exposure Reduction Stakeholder
13. Alliance to End Childhood Lead of Lead-based Paint Hazards in Housing
Meeting for the Proposed Renovation
Poisoning. Preventing Childhood Lead Receiving Federal Assistance and
and Remodeling Rule (December 7,
Poisoning: The First Comprehensive Federally Owned Residential Property
1998).
National Conference; Final Report. Being Sold (Lead Safe Housing Rule);
Final Rule, Conforming Amendments 40. USEPA. Round Table Discussion
(October 6, 7, 8, 1991). of TSCA Section 402(c) Lead Exposure
14. President’s Task Force on and Corrections. Federal Register (69
FR 34262, June 21, 2004). Reduction Proposed Renovation and
Environmental Health Risks and Safety Remodeling Rule (March 8, 1999).
Risks to Children. Eliminating 27. HUD. Guidelines for the
Evaluation and Control of Lead-Based 41. USEPA. Lead Programs Meeting,
Childhood Lead Poisoning: A Federal Meeting Summary (September 25-26,
Strategy Targeting Lead Paint Hazards Paint Hazards in Housing (June 1995).
28. HHS, PHS, CDC. Managing 2000).
(February 2000). 42. USEPA. Summary of Discussion
15. HHS, PHS, CDC. Preventing Lead Elevated Blood Lead Levels Among
Young Children (March 2002). with State, Local, and Tribal
Exposure in Young Children: A Housing
29. USEPA. Reducing Lead Hazards Government Representatives (May 1,
Based Approach to Primary Prevention
When Remodeling Your Home (EPA747- 2003).
of Lead Poisoning: Recommendations
from the Advisory Committee on K-97-001, September 1997). 43. USEPA. Summary of Discussion
Childhood Lead Poisoning Prevention 30. USEPA. Lead Exposure Associated with State, Local, and Tribal
(October 2004). With Renovation and Remodeling Government Representatives (May 15,
16. USEPA. Lead; Requirements for Activities: Phase I, Environmental Field 2003).
Lead-Based Paint Activities in Target Sampling Study (EPA 747-R-96-007, 44. USEPA. Summary of Discussion
Housing and Child-Occupied Facilities: May 1997). with Industry Stakeholders (May 9,
Final Rule. Federal Register (61 FR 31. USEPA. Lead Exposure Associated 2003).
With Renovation and Remodeling 45. USEPA. Summary of Discussion
45778, August 29, 1996).

17. USEPA. EPA Policy for the Activities: Phase II, Worker with Industry Stakeholders (May 29,
Administration of Environmental Characterization and Blood-Lead Study 2003).
Programs on Indian Reservations (EPA 747-R-96-006, May 1997). 46. HUD. National Survey of Lead and
(November 8, 1984). 32. USEPA. Lead Exposure Associated Allergens in Housing, Volume I:
18. USEPA. Lead; Fees for With Renovation and Remodeling Analysis of Lead Hazards, Final Report,
Accreditation of Training Programs and Activities: Phase III, Wisconsin Revision 7.1. (October 31, 2002).
47. NIST. Spot Test Kits for Detecting 61. USEPA. Electrostatic Cloth and submitted to the Office of Management
Lead in Household Paint, a Laboratory Wet Cloth Field Study in Residential and Budget (OMB) for review under
Evaluation (NISTIR 6398, May 2000). Housing (September 2005). Executive Order 12866 and any changes
48. USEPA. Estimates of 62. USEPA. Draft Cleaning made based on OMB recommendations
Concentration of Lead in Paint by Age Verification Card (2005) have been documented in the public
of Housing (October 2005). 63. USEPA, OPPT. Quality Assurance docket for this rulemaking as required
49. USEPA. Lead; Requirements for Project Plan (QAPP) for the Field Study; by section 6(a)(3)(E) of the Executive
Hazard Education Before Renovation of Appendix A - Standard Operating Order.
Target Housing; Proposed Rule. Federal Procedure (SOP) for Using the Dry As required by the Executive Order,
Register (59 FR 11108, March 9, 1994). Electrostatic Cloth and Mop to Collect EPA also submitted a draft analysis of
Lead Dust (July 12, 2004). the potential costs and benefits
50. ASTM International. Standard
64. USEPA. Lead; Identification of associated with this proposed
Practice for Evaluating the Performance
Dangerous Levels of Lead; Proposed rulemaking. This analysis is contained
Characteristics of Qualitative Chemical
Rule. Federal Register (63 FR 30302, in a document entitled Draft Economic
Spot Test Kits for Lead in Paint (E 1828-
June 3, 1998). Analysis for the Renovation, Repair, and
01).
65. USEPA. Lead-Based Paint Painting Program Proposed Rule (Draft
51. USEPA. Draft Recordkeeping Economic Analysis) (Ref. 59). The
Abatement and Repair and Maintenance
Checklist for Firms (December 2005). Agency is conducting additional
Study in Baltimore: Pre-Intervention
52. USEPA, HUD. Lead Safety for Findings. (EPA 747-R-95-012, August analyses with other assumptions for
Remodeling, Repair, and Painting (EPA 1996). baseline activities than those that were
747-B-03-001/2, July 2003). 66. USEPA. Comprehensive used in the Agency’s Draft Economic
53. HUD, Office of Policy Abatement Performance Pilot Study, Analysis to estimate the potential costs
Development and Research. The HUD Volume 1: Results of Lead Data and benefits of the proposed rule.
Lead-Based Paint Abatement Analyses (EPA 747-R-93-007, February Information about these new analyses is
Demonstration (FHA) (August 1991). 1995). available in the docket, and, once
54. USEPA, Office of Pollution 67. U.S. Census Bureau. Current completed, the revised Economic
Prevention and Toxics (OPPT). Lead Housing Reports, Series H150/97, Analysis will also be available in the
Dust Minimization Work Practices for American Housing Survey for the docket. The additional analyses are
Renovation, Remodeling and United States (1997). expected to change the estimated
Repainting; Draft Technical Manual 68. USEPA. Protect Your Family from potential costs and benefits of the
(September 29, 1998). Lead During Renovation, Repair, & proposed rule. A copy of this Economic
55. USEPA. Minimizing Lead-Based Painting (2005). Analysis is available in the docket for
Paint Hazards During Renovation, 69. USEPA. Proposed ICR amendment this action, and is briefly summarized
Remodeling, and Painting (September for rulemaking entitled ‘‘Lead; here.
2000). Renovation, Repair, and Painting 1. Options evaluated. EPA evaluated
56. USEPA, Office of Solid Waste Program; Proposed Rule’’ (December a number of options in the development
(OSW). Memorandum from Elizabeth A. 2005). of the proposed rule. All options
Cotsworth, Director, ‘‘Regulatory Status 70. USEPA. Risk Analysis to Support address target housing, which is defined
of Waste Generated by Contractors and Standards for Lead in Paint, Dust, and in section 401 of TSCA as housing
Residents from Lead-Based Paint Soil (EPA 747-R-97-006, June 1998). constructed before 1978, except housing
Activities Conducted in Households’’ 71. USEPA. Risk Analysis to Support for the elderly and persons with
(July 31, 2000). Standards for Lead in Paint, Dust, and disabilities, unless any child under age
Soil: Supplemental Report (EPA 747-R- 6 resides or is expected to reside in such
57. USEPA, OSW. Criteria for
00-004, December 2000). housing, or any 0–bedroom dwelling.
Classification of Solid Waste Disposal
72. ASTM International. Standard Option A applies to renovation, repair,
Facilities and Practices and Criteria for
Practice for Clearance Examinations and painting projects performed for
Municipal Solid Waste Landfills:
Following Lead Hazard Reduction compensation in all rental target
Disposal of Residential Lead-based Paint
Activities in Single-Family Dwellings housing and owner-occupied target
Waste; Final Rule. Federal Register (68 housing built before 1978 where a child
FR 36487, June 18, 2003). and Child-Occupied Facilities (E 2271-
under age 6 resides. Option B has 2
58. Choe, K., Trunov, M., Grinshpun, 05).
phases. The first phase applies to rental
S.A., Willeke, K., Harney, J., Trakumas, 73. ASTM International. Standard
target housing built before 1960, and
S., Mainelis, G., Bornschein, R., Clark, Guide for Evaluation, Management, and
owner-occupied target housing units
S. and Friedman, W. Particle settling Control of Lead Hazards in Facilities (E
built before 1960 where a child under
after Lead-Based Paint Abatement Work 2052-99).
age 6 resides, plus all housing units
and Clearance Waiting Period, VIII. Statutory and Executive Order built before 1978 where a child with a
American Industrial Hygiene Reviews blood lead level that equals or exceeds
Association Journal, 61(6):798-807 applicable levels of concern resides. The
(2001). A. Regulatory Review
second phase, which takes effect a year
59. USEPA, OPPT. Draft Economic Under Executive Order 12866, after the first phase, applies to all the
Analysis for the Renovation, Repair, and entitled Regulatory Planning and housing units covered by Option A.
Painting Program Proposed Rule Review (58 FR 51735, October 4, 1993), Option C also has 2 phases. The first
(December 2005). it has been determined that this
phase applies to all rental housing built

60. National Center for Healthy proposed rule is a ‘‘significant before 1950, and owner-occupied
Housing. An Evaluation of the Efficacy regulatory action’’ under section 3(f)(1) housing units built before 1950 where a
of the Lead Hazard Reduction of the Executive Order because EPA child under age 6 resides, plus all
Treatments Prescribed in Maryland estimates that it will have an annual housing units built before 1978 where a
Environmental Article 6-8 (April 30, effect on the economy of $100 million child with a blood lead level that equals
2002). or more. Accordingly, this action was or exceeds applicable levels of concern
resides. The second phase, which takes lead in dust from renovation and afterwards, and perform the post-
effect a year after the first phase, applies remodeling activities. As stated in Unit renovation cleaning verification step.
to all the housing units covered by III.B., one of the purposes of Title X is To further improve the analysis for
Option A. Option D covers the same the elimination of lead-based paint the final rule, the Agency is also
housing units at the same times as hazards in target housing. EPA specifically interested in comments and
Option B, but differs from Options A, B, considered the potential benefits to supporting information on the following
and C in that they allow a certified children separately from adults, because questions related to assumptions used
renovator flexibility in selecting a focus of Title X is the reduction in the in the Agency’s analysis:
appropriate work practices for each threat of childhood lead poisoning. The • To what extent do renovators/
individual job, while Option D does not Agency specifically seeks comment on contractors already conduct any of the
provide such flexibility. The proposed its consideration of potential benefits to individual activities described in the
rule is Option B. both adults and children, as well as proposed rule, and under what
2. Number of events and individuals. comments and information about the renovation, repair or painting
As shown in the Draft Economic potential uncertainties associated with circumstances are any of these activities
Analysis, the number of renovation, the adult health effects considered and routinely or rarely conducted? Do any
repair, and painting events covered by the magnitude of those uncertainties. contractors already perform all of the
the rule varies across regulatory options 4. Costs. The Draft Economic Analysis lead safe work practices described in
in Phase 1 as a result of the different estimates the potential costs of this proposal?
time periods addressed by the options. complying with this proposed rule • To what extent is the whole house
The number of events covered in Phase including training costs, certification or rooms adjacent to the work area
2 is the same for all options because the costs, and work practice costs. As contaminated by typical renovation,
housing units regulated are the same, indicated previously, the Agency is repair or painting activities? Under what
i.e., pre-1978 units. Because not all conducting additional analysis that circumstances do renovators/contractors
housing units built before 1978 have could change the estimated potential clean the whole house or adjacent
lead-based paint, not all events need to costs of the proposed rule. This new rooms during or after renovation, repair
use lead-safe work practices. The analysis will be added to the docket as or painting activities?
number of events with lead-safe work soon as it is complete. In the Draft • Under what circumstances do
practices in Phase 2 is smaller than in Economic Analysis, training costs will homeowners or rental management
Phase 1 for all but Option C, despite the be incurred for renovators, who will firms clean the work area or adjacent
increase in housing units covered by rooms during or after renovation, repair
perform or direct the performance of key
Phase 2 under Options B, C, and D. The or painting activities?
tasks during renovations, and workers,
number of events requiring lead-safe
who may perform renovation tasks • To what extent do renovators/
work practices is smaller because the
under the direction of renovators. contractors or homeowners already use
accuracy of lead paint test kits (in terms
Persons who are not currently certified vacuums equipped with HEPA filters to
of detecting the presence or absence of
as lead-based paint abatement clean-up debris created during
regulated lead-based paint) is expected
supervisors or workers and who wish to renovation, repair or painting activities?
to have improved by Phase 2. Under the
proposed rule, in Phase 1 there would
become certified renovators would be • Under what circumstances do
required to take an accredited 8–hour renovators/contractors use plastic sheets
be 4.8 million events in housing where
lead-safe work practices are used due to renovator course. Currently certified or other methods to isolate and collect
the rule. Slightly more than 4.9 million abatement supervisors and workers dust and debris, during or after
individuals reside in these housing would merely need to familiarize renovation, repair or painting activities?
units, including 729,000 children under themselves with this proposal’s work • If dust or debris is generated in
age 6. In Phase 2, the proposed rule practice and cleaning verification preparing the surfaces, to what extent
would cover 4.4 million such events in requirements. Training for renovation do renovators/contractors or building
units housing nearly 5.8 million workers under this proposal would owners clean-up the dust or debris
individuals, including 855,000 children consist of informal, on-the-job training before painting?
under age 6. by a renovator. Renovators not • To what extent should the analysis
3. Benefits. The Draft Economic otherwise certified would be required to reflect any exposures to owners or
Analysis describes the estimated take a 4–hour refresher course every 3 occupants (both inhalation and
benefits of the proposed rulemaking in years to maintain their certification. ingestion) during the renovation, repair
qualitative and quantitative terms. Firms performing renovations will have or painting event? (The Draft Economic
Benefits result from the prevention of to be certified by EPA or an EPA- Analysis only looks at ingestion
adverse health effects attributable to authorized State, Tribal, or Territorial exposures after the renovation, repair or
lead exposure. These health effects program. Certified firms would have to painting event is completed and the
include several illnesses as well as be re-certified every 3 years. contractor has left).
impaired cognitive function in adults The work practice requirements of • How many days does a typical
and children. this proposal cover 3 general categories renovation, repair or painting event last?
There are not sufficient data at this of activities: Containing the work area, How many days during the renovation,
time to quantify some of the potential cleaning up the work area after the repair or painting event is dust created?
benefits of reducing exposure to lead. project has been completed, and How often and how thoroughly is
EPA’s Draft Economic Analysis verifying that the clean-up was cleaning performed during or after the
adequate. Costs associated with these renovation, repair or painting event?
estimates the benefits of avoiding

selected health effects in children and work practice requirements are • To what extent should the analysis
adults. primarily related to the cost of of adult exposures consider average dust
The Agency considered the potential materials, such as the plastic used to loading on surfaces as compared to the
benefits to both children and adults cover the floors, and the cost of the typically higher dust loadings resulting
because studies indicate that they are labor needed to establish containment from renovation, repair or painting
both adversely affected by exposures to before the project, clean the work area events?
• How do cleaning efficiencies of Burden under the PRA means the firm in the year a firm is initially
different cleaning methods (sweeping, total time, effort, or financial resources certified, and 0.5 hours in years that it
regular vacuum, HEPA vacuum) vary expended by persons to generate, is re-certified (which occurs every 3
with the dust loading level? There is maintain, retain, disclose or provide years). Firms must also keep records of
information suggesting that cleaning is information to or for a Federal agency. the work they perform in regulated
more effective (as a percentage of dust This includes the time needed to review housing; this recordkeeping is estimated
removed) at higher dust loading levels. instructions; develop, acquire, install, to take an average of 5 hours per year.
Thus, when there are multiple rounds of and utilize technology and systems for Total burden for renovation, repair, and
cleaning, each one picks up a lower the purposes of collecting, validating, painting firms is estimated to be 981,000
percentage of dust than the one before and verifying information, processing to 1,530,000 hours per year, depending
it. Would the cleaning efficiency be the and maintaining information, and on the year.
same for dust with different lead disclosing and providing information; Total respondent burden during the
concentrations? The Draft Economic adjust the existing ways to comply with period covered by the ICR is estimated
Analysis assumes that cleaning any previously applicable instructions to average 1,260,000 hours per year.
effectiveness is constant, and does not and requirements; train personnel to be There are also government costs to
vary with dust loading levels. able to respond to a collection of administer the program. States, Tribes,
• How do lead dust loading levels information; search data sources; and Territories are allowed, but are
vary by the age of the home and by complete and review the collection of under no obligation, to apply for and
home component type (e.g., indoor trim information; and transmit or otherwise receive authorization to administer
versus outdoor trim)? disclose the information. these proposed requirements. EPA will
Under this proposal, the new directly administer programs for States,
B. Paperwork Reduction Act Tribes, and Territories that do not
information collection requirements
The information collection may affect training providers and firms become authorized. Because the number
requirements contained in this proposed that perform renovation, repair, or of States, Tribes, and Territories that
rule have been submitted for approval to painting for compensation in regulated will become authorized is not known,
the Office of Management and Budget housing. Although these entities have administrative costs are estimated
(OMB) under the Paperwork Reduction the option of choosing to engage in the assuming that EPA will administer the
Act (PRA), 44 U.S.C. 3501 et seq. An covered activities, once an entity program everywhere. To the extent that
Information Collection Request (ICR) chooses to do so, the information other government entities become
document prepared by EPA, an collection activities contained in this authorized, EPA’s administrative costs
amendment to an existing ICR that is rule become mandatory for those will be lower.
approved under OMB control number entities. Direct your comments on the
2070–0155 and referred to as the ICR The ICR document provides a detailed Agency’s need for this information, the
Addendum (EPA ICR No. 1715.07) has presentation of the estimated burden accuracy of the provided burden
been placed in the public docket for this and costs for 3 years of the program. The estimates, and any suggested methods
proposed rule (Ref. 69). aggregate burden varies by year due to for minimizing respondent burden,
An agency may not conduct or changes in the number of firms that will including the use of automated
sponsor, and a person is not required to seek certification each year. The burden collection techniques, to EPA using the
respond to a collection of information and cost to training providers and public docket that has been established
unless it displays a currently valid OMB renovation firms is summarized here. for this proposed rule (Docket ID No.
control number. The OMB control There are 100 to 167 training EPA–HQ–OPPT–2005–0049). In
numbers for EPA’s regulations codified providers that are estimated to incur addition, send a copy of your comments
in Chapter 40 of the CFR, after burden to become accredited, and to about the ICR to OMB at: Office of
appearing in the preamble of the final notify EPA (or an authorized State, Information and Regulatory Affairs,
rule, are listed in 40 CFR part 9, are Tribe, or Territory) before and after Office of Management and Budget, 725
displayed either by publication in the training courses. The average burden 17th St., NW., Washington, DC 20503,
Federal Register or by other appropriate related to accreditation is estimated to Attention: Desk Office for EPA ICR No.
means, such as on the related collection be 15 hours during the year a training 1715.07. Since OMB is required to
instrument or form, if applicable. The provider is first accredited, 7 hours in complete its review of the ICR between
display of OMB control numbers in years that it is re-accredited (re- 30 and 60 days after January 10, 2006,
certain EPA regulations is consolidated accreditation is required every 3 years), please submit your ICR comments for
in 40 CFR part 9. and 1 hour during other years. For OMB consideration to OMB by February
The new information collection notifications, the average burden per 9, 2006.
activities contained in this proposed training provider is estimated at 35 to 95 The Agency will consider and address
rule are designed to assist the Agency in hours per year, depending on the comments received on the information
meeting the core objectives of TSCA number of training courses provided. collection requirements contained in
section 402, including ensuring the Total training provider burden is this proposal when it develops the final
integrity of accreditation programs for estimated to be 6,300 to 12,900 hours rule.
training providers; providing for the per year.
certification of contractors; and The estimated number of firms C. Regulatory Flexibility Act
determining whether work practice certified to engage in residential In accordance with the Regulatory
standards are being followed. EPA has renovation, repair, or painting activities Flexibility Act (RFA), 5 U.S.C. 601 et
carefully tailored the proposed reporting under the rule varies from 115,000 to seq., and the Agency’s long-standing
and recordkeeping requirements so they 218,000, depending on the phase of the policy of always considering whether
will permit the Agency to achieve rule. The number of firms that receive there may be a potential for adverse
statutory objectives without imposing initial certification ranges from 72,000 impacts on small entities, the Agency
an undue burden on those entities that per year to 141,000 per year, depending has evaluated the potential small entity
choose to be involved in residential on the year. The average certification impacts of this proposed rule. The
renovations. burden is estimated to be 3.5 hours per Agency’s analysis of potentially adverse
economic impacts is included in the The vast majority of businesses in the harmonize with the existing pre-
Draft Economic Analysis for this industries affected by this rule are renovation education requirements.
proposed rule (Ref. 59). As discussed in small. Approximately 200,000 small As discussed in Unit IV.D.2.c.,
Unit VIII.A., the revised Economic contractors and real estate disposal of waste from renovation
Analysis, to be available in the docket, establishments per year will be affected projects that would be regulated by this
will provide additional information per year under the proposed rule. proposal is covered by the Resource
about the expected costs and benefits, Information was not available to Conservation and Recovery Act (RCRA)
and supplement the information now estimate the number of small regulations for solid waste. This
provided in the initial regulatory governments and small non-profits, but proposal does not contain specific
flexibility analysis and considered for there are expected to be few, if any, requirements for the disposal of waste
the final regulatory flexibility analysis. small governments that incur costs due from renovations.
The following is a brief overview of to the rule. As described in Unit III.B.3., HUD has
EPA’s initial regulatory flexibility 3. Potential economic impacts on extensive regulations that address the
analysis. small entities. EPA used annual conduct of interim controls, as well as
Small entities include small compliance costs as a percentage of other lead-based paint activities, in
businesses, small organizations, and annual company revenues to assess the Federally assisted housing. Some of
small governmental jurisdictions. For potential impacts of the rule on small HUD’s interim controls would be
purposes of assessing the impacts of businesses. EPA believes this is a good regulated under this proposal as
today’s proposed rule on small entities, measure of a firm’s ability to afford the renovations, depending upon whether
small entity is defined in accordance costs attributable to a regulatory the particular interim control measure
with the RFA as: (1) A small business requirement, because comparing disturbs more than the threshold
as defined by the Small Business compliance costs to revenues provides a amount of paint. In most cases, the HUD
Administration’s (SBA) regulations at 13 reasonable indication of the magnitude regulations are comparable to, or more
CFR 121.201; (2) a small governmental of the regulatory burden relative to a stringent than this proposal. In general,
jurisdiction that is a government of a commonly available measure of a persons performing HUD-regulated
city, county, town, school district, or company’s business volume. Where interim controls must have taken a
special district with a population of less regulatory costs represent a small course in lead-safe work practices,
than 50,000; and (3) a small fraction of a typical firm’s revenues (for which is also a requirement of this
organization that is any not-for-profit example, less than 1%, and not greater proposal. However, this proposal would
enterprise which is independently than 3%), EPA believes that the not require dust clearance testing, a
owned and operated and is not financial impacts of the regulation on process required by HUD after interim
dominant in its field. such firms may be considered as not control activities that disturb more than
1. Legal basis and objectives for the significant. EPA believes it is a minimal amount of lead-based paint.
proposed rule. As discussed in Unit appropriate to calculate this measure Finally, OSHA’s Lead Exposure in
III.C., TSCA section 402(c)(2) directs based on annualized costs, because Construction standard covers potential
EPA to study the extent to which these costs are more representative of worker exposures to lead during many
persons engaged in renovation, repair, the continuing costs firms face to construction activities, including
and painting activities are exposed to comply with the proposed rule. renovation, repair, and painting
lead or create a lead-based paint hazard Using studies from the economics activities. Although this standard,
regularly or occasionally. After literature, the Draft Economic Analysis described in Unit III.B.3., may cover
concluding this study, TSCA section (Ref. 59) for this proposed rule estimates many of the same projects as this
402(c)(3) further directs EPA to revise that nearly 90% of the estimated cost proposal, the requirements themselves
its lead-based paint activities will be passed on to consumers in the do not overlap. The OSHA rule
regulations under TSCA section 402(a) form of higher prices. The resulting cost addresses the protection of the worker,
to apply to renovation or remodeling impact ranges from about 0.5% to 1.6% this EPA proposal addresses the
activities that create lead-based paint of revenues, depending on the industry. protection of the building occupants,
hazards. Because EPA’s study found The costs represent less than 1% of particularly children under age 6.
that activities commonly performed revenues for small firms when 5. Skills needed for compliance. This
during renovation and remodeling considered together. Because of the lack proposal would establish requirements
create lead-based paint hazards, EPA is of information on small non-profits and for training renovators and dust
proposing to revise the TSCA section governments that might be affected by sampling technicians; certifying
402(a) regulatory scheme to apply to the rule, it was not possible to calculate renovators, dust sampling technicians,
individuals and firms engaged in the typical cost per entity or the impact and renovation firms; accrediting
renovation and remodeling activities. ratios for them. However, the cost per providers of renovation and dust
The primary objective of this proposal is event for non-profits and governments is sampling technician training; and for
to prevent the creation of new lead- expected to be similar to that incurred renovation work practices. Renovators
based paint hazards from renovation, by businesses. and dust sampling technicians would
repair, and painting activities in 4. Relevant Federal rules. The have to take a course to learn the proper
housing where children under age 6 proposed requirements in this techniques for accomplishing the tasks
reside. rulemaking will fit within an existing they will perform during renovations.
2. Potentially affected small entities. framework of other Federal regulations These courses are intended to provide
The small entities that are potentially that address lead-based paint. them with the information they would
directly regulated by this proposed rule The Pre-Renovation Education Rule, need to comply with the rule based on
include small businesses, such as discussed in Unit III.B.2.b., requires the skills they already have. Firms
renovation, repair, and painting renovators to distribute a lead hazard would be required to apply for
contractors, property owners and information pamphlet to owners and certification to perform renovations; this
managers, small non-profits that own occupants before conducting a process does not require any special
target housing, and small governments renovation in target housing. This skills other than the ability to complete
that may own certain target housing. proposal has been carefully crafted to the application. They would also need
to document the work they have presented by EPA, as well as EPA’s cost preparation activities or demolitions,
performed during renovations. This estimates for these options. Several and no firm certification. The Panel
does not require any special skills. SERs submitted written comments to believed that firm certification would
Training providers must be EPA following this meeting. The Panel help consumers identify qualified
knowledgeable about delivering evaluated the assembled materials and renovation firms, so the Panel
technical training. Training providers small-entity comments, and prepared a recommended that firm certification be
would be required to apply for report for the Agency’s consideration. A included in any proposal. The Panel
accreditation to offer renovator and dust copy of the Panel report is included in also recommended that EPA attempt to
sampling technician courses. They the docket for this proposed rule (Ref. balance the goals and objectives of the
would also be required to provide prior 33). statute, with the burden associated with
notification of such courses and provide As a result of its deliberations, the such regulatory requirements, in order
information on the students trained after Panel made a number of to avoid placing compliant firms at an
each such course. Completing the recommendations. The options undue competitive disadvantage. EPA is
accreditation application and providing presented by EPA, the Panel’s proposing to require that firms who
the required notification information recommendations, and EPA’s responses perform renovations, as that term would
does not require any special skills. to the recommendations, are be defined, be certified. EPA believes
6. Small Business Advocacy Review summarized here. that the proposed firm certification
Panel. EPA conducted outreach to small a. Applicability and scope. EPA process is as minimally burdensome for
entities and convened a Small Business presented four options: All pre-1978 firms as possible, while achieving the
Advocacy Review Panel to obtain advice housing, all pre-1978 rental housing, all objectives of the mandate.
and recommendations of representatives pre-1960 housing, and all pre-1960 c. Individual training and
of the small entities that potentially rental housing. The Panel recommended certification. EPA presented four
would be subject to the rule’s that EPA request public comment in the options to the Panel. The first option
requirements. The Panel was convened proposal on the option of limiting the was to require training and certification
by EPA’s Small Business Advocacy housing stock affected by the rule to that for all individuals who perform covered
Chairperson on November 23, 1999. In constructed prior to 1960, as well as the renovations. The second option was to
addition to the chairperson, the Panel option of covering all pre-1978 housing require training and certification only
consisted of the Director of the Office of and other options that may help to for the supervisor. The third option was
Pollution Prevention and Toxics, the reduce costs while achieving the to require training for all individuals
Administrator of the Office of protection of public health. In the who perform covered renovations, but
Information and Regulatory Affairs discussion of the scope and no certification. The final option was to
within the Office of Management and applicability in Unit IV.B., EPA require neither training nor certification
Budget, and the Chief Counsel for identified the pre-1960 option, as well for individuals. The Panel realized that
Advocacy of the Small Business as the option of covering all pre-1978 worker training increases the likelihood
Administration. housing, and asked for public comment that proper lead-safe work practices will
After considering the existing lead- on these and other options that would be used, but recognized that the rate of
based paint activities regulations, and limit the costs of the rule to the worker turnover in the industry would
taking into account preliminary regulated community while providing lead to high training and certification
stakeholder feedback, EPA identified protection to children from lead-based costs for firms. As a less-burdensome
eight key elements of a potential paint hazards created by renovation alternative, the Panel recommended that
renovation and remodeling regulation projects. EPA propose formal training for
EPA also presented 2 potential supervisors, or some other clearly-
for the Panel’s consideration. These
exemptions, a de minimis exemption for defined responsible person, and
elements were:
• Applicability and scope. projects that disturb 2 square feet or less informal training for all others. This
• Firm certification. of painted surfaces, and an exemption recommendation has been adopted by
• Individual training and for emergency projects. The Panel EPA in the proposed rule.
certification. recommended that EPA include both of d. Accreditation of training courses.
• Accreditation of training courses. these exemptions in its proposal. EPA is EPA presented two options on this topic
• Work practice standards. proposing to extend the existing to the Panel: Accreditation required, or
• Prohibited practices. exemption for small projects available accreditation not required. Although
• Exterior clearance. under the Pre-Renovation Education concerned about burdens for training
• Interior clearance. Rule to the training, certification, and providers, the Panel understood that
EPA also developed several options work practice requirements of this accreditation provides a mechanism for
for each of these key elements. At the proposal. However, rather than just ensuring quality control of training
onset of pre-panel discussions with SBA exempting emergency renovations from programs, establishing a minimum level
and OMB, EPA held three conference the requirements of this proposal, EPA of essential training, and facilitating
calls with potentially impacted Small is adding a statement to the description reciprocity between States. The Panel
Entity Representatives (SERs) to obtain of the exemption to indicate that the recommended that EPA propose to
feedback on these options and other training, certification, and work practice require accreditation of training, which
alternatives for a renovation and standards apply to the extent is what EPA is doing in this proposal.
remodeling regulation. The Panel held practicable. As discussed in Unit IV.B., e. Work practice standards. EPA
an outreach meeting with Small Entity emergency renovations can generally be presented three 3 general options to the
Representatives (SERs) on December 3, Panel for work practice standards:
conducted in accordance with most of

1999. Eleven SERs, representing a broad these proposed requirements, but some prescriptive containment and clean-up
range of small entities from diverse flexibility is necessary. requirements, performance-based
geographic locations, and four b. Firm certification. EPA presented containment and clean-up requirements,
association representatives participated three options: Certification for all or no work practice requirements. The
in the meeting. The Panel solicited renovation firms, certification only for Panel recognized that prescriptive
comments from the SERs on the options firms that perform large-scale surface approaches to work practice standards
may clearly identify ways to minimize propose to require a visual inspection Finally, the Panel recommended that
lead-based paint hazards, but felt that for clearance after exterior renovations. EPA continue to refine the impact
prescriptive practices may not be This is the option EPA has proposed in analysis of the proposal, utilizing
practical or effective in all situations. this rulemaking. comments from affected industry and
Because a performance-based approach h. Interior clearance. Interior other parties related to costs and other
could provide firms with the flexibility clearance was a particularly difficult issues. As always, EPA continues to
to manage risks in the most cost- issue for the Panel. Interior clearance refine its impact analysis, and is again
effective manner, the Panel after lead-based paint abatement requesting comment on EPA’s updated
recommended that EPA include projects involves an independent third- assessment of the costs and benefits of
performance-based standards in the party collecting dust wipe samples, this proposed rule.
proposal. In response to this sending them to an EPA-recognized EPA invites comments on all aspects
recommendation, EPA is proposing an laboratory for analysis, and comparing of the proposal and its impacts on small
approach that includes required the results to the standards established entities.
elements, such as warning signs, in 40 CFR 745.227(e)(8). This is D. Unfunded Mandates Reform Act
containment barriers, and specialized expensive and time-consuming. EPA (UMRA)
cleaning, but allows flexibility for the presented 4 options to the Panel for
certified renovator to tailor these Under Title II of the Unfunded
interior clearance: dust testing after all
requirements to the specific job at hand. Mandates Reform Act (UMRA) (Public
projects, dust testing only after large-
f. Prohibited practices. The current Law 104–4), EPA has determined that
scale surface preparation, demolition, or
abatement regulations in 40 CFR part this proposed rule contains a Federal
any of the practices prohibited by the
745, subpart L prohibit the following mandate that may result in expenditures
abatement regulations, visual clearance of $100 million or more by the private
work practices during abatement only, and no clearance at all. After
projects: Open-flame burning or sector in any 1 year, but it will not
reviewing the studies available at the result in such expenditures by State,
torching, machine sanding or grinding, time, the Panel could not conclude that
abrasive blasting or sandblasting, dry local, and Tribal governments in the
a thorough professional clean-up or a aggregate. Accordingly, EPA has
scraping of large areas, and operating a visual inspection would be an adequate
heat gun in excess of 1100 degrees prepared a written statement under
substitute for dust wipe testing. The section 202 of the UMRA which has
Fahrenheit. EPA presented four options SBA introduced a new option to the
to the Panel on this topic: Prohibit these been placed in the public docket for this
Panel, consisting of a specific cleanup proposed rule and is summarized here.
practices during renovations, allow dry
methodology followed by a visual 1. Authorizing legislation. This
scraping and exterior flame-burning or
clearance requirement, as an alternative proposal is issued under the authority of
torching, allow dry scraping, and
to dust clearance testing. The Panel TSCA sections 402(c)(3) and 404.
interior and exterior flame-burning or
recommended that EPA include this 2. Cost-benefit analysis. EPA has
torching, or allow all of these practices.
new option in the proposal and take prepared an analysis of the costs and
The Panel recognized industry concerns
comment on the merits of all the interior benefits associated with this proposed
over the feasibility of prohibiting these
clearance options in the proposal. The action (Ref. 59), a copy of which is
practices, especially when no cost-
Panel also recommended that EPA take available in the public docket for this
effective alternatives exist. The Panel
comment on options for clearance that rulemaking. The Draft Economic
was also concerned about the potential
risks associated with these practices, but are less costly and less burdensome and Analysis presents the costs of the
noted that reasonable training, yet still demonstrate the absence of lead proposal as well as various regulatory
performance, containment, and clean-up hazards. As discussed in Unit IV.E., options and is summarized in Unit
requirements may adequately address EPA followed the Panel report with VIII.A.
these risks. In Unit IV.D., EPA has research into alternatives to laboratory 3. State, local, and Tribal government
followed the Panel’s recommendation dust clearance and is proposing an input. EPA has sought input from State,
and requested public comment on the option based on this research. EPA is local and Tribal government
cost, benefit, and feasibility of also requesting comment on other representatives throughout the
prohibiting certain work practices, but methods of ensuring that leaded dust development of this proposal. EPA’s
EPA is not proposing to prohibit any and debris created during renovations experience in administering the existing
work practices. EPA has determined have been cleaned up properly. lead-based paint activities program
that the training, containment, and The Panel also recommended that the under TSCA section 402(a) suggests that
clean-up requirements of this proposal EPA do additional analysis of the these governments will play a critical
are sufficient to address any risks existing data from Phase III of the role in the successful implementation of
associated with the work practices renovation and remodeling study a national program to reduce exposures
prohibited by the abatement regulations. conducted under TSCA section to lead-based paint hazards associated
g. Exterior clearance. EPA presented 402(c)(2), discussed in Unit III.C.1.c. with renovation, repair, and painting
three options to the Panel for This phase of the study consisted of activities. Consequently, as discussed in
determining when an exterior telephone interviews about renovation Unit III.C.2., the Agency has met with
renovation project area had been and remodeling activities with the State, local, and Tribal government
properly cleaned-up and the area made parents or guardians of Wisconsin officials on numerous occasions to
ready for re-occupancy. This children for whom blood-lead data was discuss renovation issues.
determination is typically called available. The results of this additional 4. Least burdensome option. As
analysis, which focused on the discussed in the Draft Economic
‘‘clearance.’’ EPA’s three options were

visual inspection only, soil sampling, or relationship between who performs Analysis prepared for this regulation, as
no clearance process at all. Consistent renovation and remodeling activities well as in the information presented on
with other Federal lead-based paint and the odds of an elevated blood-lead the Panel review process in Unit
regulations, including the abatement level occurring in a resident child, are VIII.C.6., EPA considered a wide variety
regulations at 40 CFR part 745, subpart discussed in Unit III.C.1.c. and have of options for addressing the risks
L, the Panel recommended that EPA been placed in the docket (Ref. 34). presented by renovation activities in
residences where lead-based paint is has consulted with representatives of (Ref. 59), the proposed and final TSCA
present. Options considered include State and local governments in section 403 hazard standards (Refs. 24
covering only homes built before 1960, developing this rule. EPA hosted three and 64), and the risk assessments
various combinations of training and renovation-specific meetings or supporting the hazard standards (Refs.
certification requirements for conference calls with State and local 70 and 71) have been placed in the
individuals who perform renovations in government officials. Summaries of public docket for this action.
covered housing, various combinations these meetings have been placed in the One purpose of this proposed
of work practice requirements, and public docket for this action (Refs. 41, regulation is to prevent the creation of
various methods for ensuring that no 42, and 43). new lead-based paint hazards from
lead-based paint hazards are left behind EPA specifically solicits additional renovation activities in housing where
by persons performing renovations. EPA comment on this proposed rule from children under age 6 reside. EPA’s
has determined that the proposed State and local officials. analysis indicates that renovation,
option is the least burdensome option repair, and painting projects in housing
F. Tribal Implications
available that achieves the objective of that is likely to contain lead-based paint
this proposed rule, which is to prevent As required by Executive Order will affect over 1.1 million children
the creation of new lead-based paint 13175, entitled Consultation and under age 6 annually. In the absence of
hazards from renovation, repair, and Coordination with Indian Tribal this regulation, lead-safe work practices
painting activities in housing where Governments (59 FR 22951, November are not likely to be employed to perform
children under age 6 reside. 6, 2000), EPA has determined that this the renovation projects. These children
This proposed rule does not contain proposed rule does not have tribal are projected to receive considerable
a significant Federal intergovernmental implications because it will not have benefits due to this regulation.
mandate as described by section 203 of substantial direct effects on tribal
governments, on the relationship H. Energy Effects
UMRA. EPA has also determined that
this rule contains no regulatory between the Federal government and This rule is not a ‘‘significant energy
requirements that might significantly or the Indian tribes, or on the distribution action’’ as defined in Executive Order
uniquely affect small governments. of power and responsibilities between 13211, entitled Actions concerning
Based on the definition of ‘‘small the Federal government and Indian Regulations that Significantly Affect
government jurisdiction’’ in RFA tribes, as specified in the Order. As Energy Supply, Distribution, or Use (66
section 601, no State governments can discussed in Unit IV.F., Tribes would be FR 28355, May 22, 2001) because it is
be considered small. Small Territorial or able to apply for, and receive not likely to have any adverse effect on
Tribal governments could apply for authorization to administer these the supply, distribution, or use of
authorization to administer and enforce proposed requirements on Tribal lands, energy.
this program, which would entail costs, but Tribes would be under no obligation
I. Technology Standards
but these small jurisdictions are under to do so. In the absence of a Tribal
no obligation to do so. authorization, EPA will administer Section 12(d) of the National
these requirements. Thus, Executive Technology Transfer and Advancement
E. Federalism Order 13175 does not apply to this rule. Act of 1995 (‘‘NTTAA’’), Public Law No.
Pursuant to Executive Order 13132, Although Executive Order 13175 does 104–113, 12(d) (15 U.S.C. 272 note)
entitled Federalism (64 FR 43255, not apply to this rule, EPA consulted directs EPA to use voluntary consensus
August 10, 1999), EPA has determined with Tribal officials and others by standards in its regulatory activities
that this proposed rule does not have discussing potential renovation unless to do so would be inconsistent
‘‘federalism implications,‘‘ because it regulatory options at several national with applicable law or otherwise
will not have substantial direct effects lead program meetings hosted by EPA impractical. Voluntary consensus
on the States, on the relationship and other interested Federal agencies. standards are technical standards (e.g.,
between the national government and EPA specifically solicits additional materials specifications, test methods,
the States, or on the distribution of comment on this proposed rule from sampling procedures, and business
power and responsibilities among the Tribal officials. practices) that are developed or adopted
various levels of government, as by voluntary consensus standards
G. Children’s Health Protection. bodies. The NTTAA directs EPA to
specified in Executive Order 13132.
Thus, Executive Order 13132 does not Executive Order 13045, entitled provide Congress, through OMB,
apply to this proposed rule. Protection of Children from explanations when the Agency decides
As discussed in Unit IV.F., States Environmental Health Risks and Safety not to use available and applicable
would be able to apply for, and receive Risks (62 FR 19885, April 23, 1997) voluntary consensus standards.
authorization to administer these applies to this proposed rule because it EPA is proposing to adopt a number
proposed requirements, but would be has been designated an ‘‘economically of work practice requirements that
under no obligation to do so. In the significant regulatory action’’ as defined could be considered technical standards
absence of a State authorization, EPA by Executive Order 12866, and the for performing renovation projects in
will administer these requirements. In environmental health or safety risk residences that contain lead-based
addition, although the provisions of this addressed by this action have a paint. EPA has identified 2 voluntary
proposal would apply to renovations in disproportionate effect on children. consensus documents that address
target housing owned by State and local Accordingly, EPA has evaluated the aspects of the proper performance of
governments, many of these housing environmental health or safety effects of renovation projects where lead-based
renovation, repair, and painting projects paint is present. ASTM International
authorities receive federal subsidies for

public housing. on children. Various aspects of this (formerly the American Society for
Nevertheless, in the spirit of the evaluation are discussed in Units III.C., Testing and Materials) has developed 2
objectives of this Executive Order, and IV.A., VIII.A., and VIII.C. Copies of the potentially-applicable documents:
consistent with EPA policy to promote renovation and remodeling studies ‘‘Standard Practice for Clearance
communications between the Agency (Refs. 30, 31, 32, 37, and 38), the Draft Examinations Following Lead Hazard
and State and local governments, EPA Economic Analysis for this proposal Reduction Activities in Single-Family
Dwellings and Child-Occupied J. Environmental Justice as of [insert date 1 year after date of
Facilities’’ (Ref. 72), and ‘‘Standard Under Executive Order 12898, publication of the final rule in the
Guide for Evaluation, Management, and entitled Federal Actions to Address Federal Register] in any State or Indian
Control of Lead Hazards in Facilities’’ Environmental Justice in Minority Tribal area that does not have a
(Ref. 73). With respect to the first Populations and Low-Income renovation program that is authorized
document, EPA is not proposing to Populations (59 FR 7629, February 16, under subpart Q of this part. The
require traditional clearance 1994), the Agency has assessed the training, certification and accreditation
examinations, including dust sampling, potential impact of this proposal on requirements and work practice
following renovation projects. However, minority and low-income populations. standards in this subpart will become
as discussed in Unit IV.E., EPA is The results of this assessment are effective as follows:
proposing to require that a visual presented in the Draft Economic (1) Training programs. Effective
inspection for dust, debris, and residue Analysis for this proposal, which is [insert date 60 days after date of
be conducted after cleaning and before available in the public docket for this publication of the final rule in the
post-renovation cleaning verification is rulemaking (Ref. 59). The rule will not Federal Register], no training program
performed. The first ASTM document have disproportionately high and may provide, offer, or claim to provide
does contain information on conducting adverse human health or environmental training or refresher training for EPA
a visual inspection before collecting effects on minority populations and certification as a renovator or a dust
dust clearance samples. The second low-income populations. sampling technician without
ASTM document is a comprehensive accreditation from EPA under § 745.225.
guide to identifying and controlling List of Subjects in 40 CFR Part 745 Training programs may apply for
lead-based paint hazards. Some of the Environmental protection, Housing accreditation under § 745.225 beginning
information in this document is relevant renovation, Lead, Lead-based paint, [insert date 1 year after date of
to the work practices that EPA is Reporting and recordkeeping publication of the final rule in the
proposing to require. Each of these requirements. Federal Register].
ASTM documents represents state-of- (2) Firms. Firms may apply for
Dated: December 29, 2005.
the-art knowledge regarding the certification under § 745.89 beginning
Stephen L. Johnson,
performance of these particular aspects [insert date 18 months after date of
Administrator. publication of the final rule in the
of lead-based paint hazard evaluation
Therefore, it is proposed that 40 CFR Federal Register].
and control practices and EPA
chapter I be amended as follows: (i) No firm may perform, offer, or
recommends the use of these documents
where appropriate. However, because claim to perform renovations, as defined
PART 745—[AMENDED]
each of these documents is extremely in this subpart, without certification
detailed and encompasses many 1. The authority citation for part 745 from EPA under § 745.89 on or after
circumstances beyond the scope of this continues to read as follows: [insert date 2 years after date of
rulemaking, EPA does not believe that it Authority: 15 U.S.C. 2605, 2607, 2681– publication of the final rule in the
is practical to incorporate these 2692 and 42 U.S.C. 4852d. Federal Register]:
voluntary consensus standards into this (A) In any target housing where the
2. Section 745.80 is revised to read as firm obtains information indicating that
proposal. follows: a child under age 6 with a blood lead
In addition, EPA is proposing to
§ 745.80 Purpose. level greater than or equal to 10 µg/dL
recognize test kits that may be used by or the applicable State or local
certified renovators to determine This subpart contains regulations
developed under sections 402 and 406 government level of concern, if lower,
whether components to be affected by a resides there, or in any target housing
renovation contain lead-based paint. of the Toxic Substances Control Act (15
U.S.C. 2682 and 2686) and applies to all where the firm has not provided the
EPA will recognize those kits that meet owners and occupants with the
certain performance standards for renovations of target housing performed
for compensation. The purpose of this opportunity to inform the firm that a
limited false positives and negatives. child under age 6 with such a blood
EPA also intends recognize only those subpart is to ensure the following:
(a) Owners and occupants of target lead level resides there; or
kits that have been properly validated (B) In target housing constructed
by a laboratory independent of the kit housing receive information on lead-
based paint hazards before these before 1960, unless, in the case of
manufacturer. Although EPA is not owner-occupied target housing, the firm
establishing a particular method that renovations begin; and
(b) Persons performing renovations has obtained a statement signed by the
must be used for validating kits, for owner that the renovation will occur in
chemical spot test kits, EPA plans to regulated in accordance with § 745.82
are properly trained; renovators, dust the owner’s residence and no child
look to the ASTM document entitled under age 6 resides there.
Standard Practice for Evaluating the sampling technicians, and firms
performing these renovations are (ii) No firm may perform, offer, or
Performance Characteristics of claim to perform renovations, as defined
Qualitative Chemical Spot Test Kits for certified; and lead-safe work practices
are followed during these renovations. in this subpart, without certification
Lead in Paint (Ref. 50) to determine from EPA under § 745.89 on or after
whether a particular kit’s validation is 3. Section 745.81 is revised to read as
follows: [insert date 3 years after date of
adequate. publication of the final rule in the
EPA welcomes comments on this § 745.81 Effective dates. Federal Register] in any target housing,
aspect of the proposed rulemaking and, (a) Training, certification and unless, in the case of owner-occupied
specifically, invites the public to accreditation requirements and work target housing, the firm has obtained a
identify potentially applicable voluntary practice standards. The training, statement signed by the owner that the
consensus standards and to explain why certification and accreditation renovation will occur in the owner’s
such standards should be used in this requirements and work practice residence and no child under age 6
regulation. standards in this subpart are applicable resides there.
(3) Individuals. (i) All renovations, as owner-occupied target housing, the firm renovation are free of paint or other
defined in this subpart, must be directed performing the renovation has obtained surface coatings that contain lead equal
by renovators certified in accordance a statement signed by the owner that the to or in excess of 1.0 milligrams/per
with § 745.90(a) and performed by renovation will occur in the owner’s square centimeter (mg/cm2) or 0.5% by
certified renovators or individuals residence and no child under age 6 weight, where the firm performing the
trained in accordance with resides there. renovation has obtained a copy of the
§ 745.90(b)(2) on or after [insert date 2 (ii) All renovations, as defined in this determination.
years after date of publication of the subpart, must be performed in (3) Renovations in target housing in
final rule in the Federal Register]: accordance with the work practice which a certified renovator, using an
(A) In any target housing where the standards in § 745.85 and the associated acceptable test kit and following the kit
firm performing the renovation obtains recordkeeping requirements in manufacturer’s instructions, has
information indicating that a child § 745.86(b)(6) and (b)(7) on or after determined that the components
under age 6 with a blood lead level [insert date 3 years after date of affected by the renovation are free of
greater than or equal to 10 µg/dL or the publication of the final rule in the paint or other surface coatings that
applicable State or local government Federal Register] in any target housing, contain lead equal to or in excess of 1.0
level of concern, if lower, resides there, unless, in the case of owner-occupied mg/cm2 or 0.5% by weight.
or in any target housing where the firm target housing, the firm performing the (b) The information distribution
has not provided the owners and renovation has obtained a statement requirements in § 745.84 do not apply to
occupants with the opportunity to signed by the owner that the renovation emergency renovation operations,
inform the firm that a child under age will occur in the owner’s residence and which are renovation activities that
6 with such a blood lead level resides no child under age 6 resides there. were not planned but result from a
there; or (5) The suspension and revocation sudden, unexpected event (such as non-
(B) In target housing constructed provisions in § 745.91 are effective routine failures of equipment) that, if
before 1960, unless, in the case of [insert date 2 years after date of not immediately attended to, presents a
owner-occupied target housing, the firm publication of the final rule in the safety or public health hazard, or
performing the renovation has obtained Federal Register]. threatens equipment and/or property
a statement signed by the owner that the (b) Renovation-specific pamphlet. with significant damage. Interim
renovation will occur in the owner’s Before [insert date 8 months after date controls performed in response to an
residence and no child under age 6 of publication of the final rule in the elevated blood lead level in a resident
resides there. Federal Register], renovators or firms child are also emergency renovation
(ii) All renovations, as defined in this performing renovations in States and operations. The work practice, training,
subpart, must be directed by renovators Indian Tribal areas without an and certification requirements in
certified in accordance with § 745.90(a) authorized program may provide §§ 745.85, 745.89, 745.90 and the
and performed by certified renovators or owners and occupants with either of the recordkeeping requirements in
individuals trained in accordance with following EPA pamphlets: Protect Your § 745.86(b)(6) and (b)(7) apply to
§ 745.90(b)(2) on or after [insert date 3 Family From Lead in Your Home or emergency renovation operations to the
years after date of publication of the Protect Your Family from Lead During extent practicable.
final rule in the Federal Register] in any Renovation, Repair & Painting. After (c) The work practice standards for
target housing, unless, in the case of that date, Protect Your Family from renovation activities in § 745.85 apply
owner-occupied target housing, the firm Lead During Renovation, Repair & to all renovations covered by this
performing the renovation has obtained Painting must be used exclusively. subpart, except for renovations in target
a statement signed by the owner that the (c) Pre-Renovation Education Rule. housing for which the firm performing
renovation will occur in the owner’s With the exception of the requirement the renovation has obtained a statement
residence and no child under age 6 to use the pamphlet titled Protect Your signed by the owner that the renovation
resides there. Family from Lead During Renovation, will occur in the owner’s residence and
(4) Work practices. (i) All renovations, Repair & Painting, the provisions of the no child under age 6 resides there. For
as defined in § 745.83, must be Pre-Renovation Education Rule in this the purposes of this section, a child
performed in accordance with the work subpart have been in effect since June resides in the primary residence of his
practice standards in § 745.85 and the 1999. or her custodial parents, legal guardians,
associated recordkeeping requirements 4. Section 745.82 is revised to read as and foster parents. A child also resides
in § 745.86(b)(6) and (b)(7) on or after follows: in the primary residence of an informal
[insert date 2 years after date of caretaker if the child lives and sleeps
publication of the final rule in the § 745.82 Applicability.
most of the time at the caretaker’s
Federal Register]: (a) This subpart applies to all residence.
(A) In any target housing where the renovations of target housing performed 5. Section 745.83 is amended as
firm performing the renovation obtains for compensation, except for the follows:
information indicating that a child following: a. Remove the definition of
under age 6 with a blood lead level (1) Minor repair and maintenance ‘‘Emergency renovation operations.’’
greater than or equal to 10 µg/dL or the activities (including minor electrical b. Revise the definition of ‘‘Pamphlet’’
applicable State or local government work and plumbing) that disrupt 2 and the definition of ‘‘Renovator.’’
level of concern, if lower, resides there, square feet or less of painted surface per c. Add 11 definitions in alphabetic
or in any target housing where the firm component. order.
(2) Renovations in target housing in
has not provided the owners and

occupants with the opportunity to which a written determination has been § 745.83 Definitions.
inform the firm that a child under age made by an inspector (certified pursuant * * * * *
6 with such a blood lead level resides to either Federal regulations at § 745.226 Acceptable test kit means a
there; or or a State or Tribal certification program commercially available kit recognized
(B) In target housing constructed authorized pursuant to § 745.324) that by EPA pursuant to section 405 of TSCA
before 1960, unless, in the case of the components affected by the as being capable of allowing a user to
accurately determine the presence of hazards, and the establishment and a. Revise the introductory text of
lead at levels equal to or in excess of 1.0 operation of management and resident paragraph (a) and revise paragraph
milligrams per square centimeter, or education programs. (a)(2)(i).
more than 0.5% lead by weight, in a * * * * * b. Revise the introductory text of
paint chip, paint powder, or painted Pamphlet means the EPA pamphlet paragraph (b) and revise paragraphs
surface. titled Protect Your Family from Lead (b)(2) and (b)(4).
* * * * * During Renovation, Repair & Painting c. Revise the introductory text of
Cleaning verification card means a developed under section 406(a) of TSCA paragraph (c).
card developed and distributed, or for use in complying with section 406(b) § 745.84 Information distribution
otherwise approved, by EPA for the of TSCA, or any State or Tribal requirements.
purpose of determining, through pamphlet approved by EPA pursuant to
(a) Renovations in dwelling units. No
comparison of disposable cleaning 40 CFR 745.326 that is developed for the
more than 60 days before beginning
cloths with the card, whether post- same purpose. This includes
renovation activities in any residential
renovation cleaning has been properly reproductions of the pamphlet when
dwelling unit of target housing, the firm
completed. copied in full and without revision or
performing the renovation must:
Component or building component deletion of material from the pamphlet
(1) * * *
means specific design or structural (except for the addition or revision of (2) * * *
elements or fixtures of a building or State or local sources of information). (i) Obtain, from the adult occupant, a
residential dwelling that are Before [insert date 8 months after date written acknowledgment that the
distinguished from each other by form, of publication of the final rule in the occupant has received the pamphlet; or
function, and location. These include, Federal Register], the term ‘‘pamphlet’’ certify in writing that a pamphlet has
but are not limited to, interior also means any pamphlet developed by been delivered to the dwelling and that
components such as: Ceilings, crown EPA under section 406(a) of TSCA or the firm performing the renovation has
molding, walls, chair rails, doors, door any State or Tribal pamphlet approved been unsuccessful in obtaining a written
trim, floors, fireplaces, radiators and by EPA pursuant to § 745.326. acknowledgment from an adult
other heating units, shelves, shelf * * * * * occupant. Such certification must
supports, stair treads, stair risers, stair Renovator means a person who either include the address of the unit
stringers, newel posts, railing caps, performs or directs uncertified workers undergoing renovation, the date and
balustrades, windows and trim who perform renovations. A certified method of delivery of the pamphlet,
(including sashes, window heads, renovator is a renovator who has names of the persons delivering the
jambs, sills or stools and troughs), built successfully completed a renovator pamphlet, reason for lack of
in cabinets, columns, beams, bathroom course accredited by EPA or an EPA- acknowledgment (e.g., occupant refuses
vanities, counter tops, and air authorized State or Tribal program. to sign, no adult occupant available), the
conditioners; and exterior components Training hour means at least 50 signature of a representative of the firm
such as: Painted roofing, chimneys, minutes of actual learning, including, performing the renovation, and the date
flashing, gutters and downspouts, but not limited to, time devoted to of signature.
ceilings, soffits, fascias, rake boards, lecture, learning activities, small group
activities, demonstrations, evaluations, * * * * *
cornerboards, bulkheads, doors and (b) Renovations in common areas. No
door trim, fences, floors, joists, lattice and hands-on experience.
Wet disposable cleaning cloth means more than 60 days before beginning
work, railings and railing caps, siding, renovation activities in common areas of
handrails, stair risers and treads, stair a commercially available, pre-moistened
white disposable cloth designed to be multi-unit target housing, the firm
stringers, columns, balustrades, window performing the renovation must:
sills or stools and troughs, casings, used for cleaning hard surfaces such as
(1) * * *
sashes and wells, and air conditioners. uncarpeted floors or counter tops.
Wet mopping system means a device (2) Notify in writing, or ensure written
Dry disposable cleaning cloth means notification of, each affected unit and
a commercially available dry, with the following characteristics: A
long handle, a mop head designed to be make the pamphlet available upon
electrostatically charged, white request prior to the start of renovation.
disposable cloth designed to be used for used with disposable absorbent cleaning
pads, a reservoir for cleaning solution, Such notification shall be accomplished
cleaning hard surfaces such as by distributing written notice to each
uncarpeted floors or counter tops. and a built-in mechanism for
distributing or spraying the cleaning affected unit. The notice shall describe
* * * * * the general nature and locations of the
solution onto a floor.
Firm means a company, partnership, Work area means the area that the planned renovation activities; the
corporation, sole proprietorship or certified renovator establishes to contain expected starting and ending dates; and
individual doing business, association, all of the dust and debris generated by a statement of how the occupant can
or other business entity; a Federal, State, a renovation, based on the certified obtain the pamphlet, at no charge, from
Tribal, or local government agency; or a renovator’s evaluation of the extent and the firm performing the renovation.
nonprofit organization. nature of the activity and the specific (3) * * *
HEPA-equipped vacuum means a (4) If the scope, locations, or expected
work practices that will be used.
vacuum equipped with a high efficiency starting and ending dates of the planned
particulate air filter. § 745.84 [Removed] renovation activities change after the
Interim controls means a set of initial notification, the firm performing
measures designed to temporarily 6. Section 745.84 is removed. the renovation must provide further
reduce human exposure or likely written notification to the owners and

exposure to lead-based paint hazards, § 745.85 [Redesignated] occupants providing revised
including specialized cleaning, repairs, 7. Section 745.85 is redesignated as information on the ongoing or planned
maintenance, painting, temporary § 745.84. activities. This subsequent notification
containment, ongoing monitoring of 8. Newly designated § 745.84 is must be provided before the firm
lead-based paint hazards or potential amended as follows: performing the renovation initiates work
beyond that which was described in the spread of lead contaminated dust and (A) Walls. Clean walls starting at the
original notice. debris outside the work area. ceiling and working down to the floor
(c) Written acknowledgment. The (ii) Exterior renovations. The firm by either vacuuming with a HEPA-
written acknowledgments required by must: equipped vacuum or wiping with a
paragraphs (a)(1)(i), (a)(2)(i), and (b)(1)(i) (A) Close all doors and windows damp cloth.
of this section must: within 20 feet of the renovation. On (B) Remaining surfaces. Thoroughly
* * * * * multi-story buildings, close all doors vacuum all remaining surfaces and
9. Section 745.85 is added to subpart and windows within 20 feet of the objects in the work area, including
E to read as follows: renovation on the same floor as the furniture and fixtures, with a HEPA-
renovation, and close all doors and equipped vacuum. The HEPA-equipped
§ 745.85 Work practice standards. windows on all floors below that are the vacuum must be equipped with a beater
(a) Standards for renovation activities. same horizontal distance from the bar when vacuuming carpets and rugs.
Renovations must be performed by renovation. Where feasible, floor surfaces
certified firms using certified renovators (B) Ensure that doors within the work underneath a rug or carpeting must also
as directed in § 745.89. area that must be used while the job is be thoroughly vacuumed with a HEPA-
(1) Occupant protection. Firms must being performed are covered with equipped vacuum.
post signs clearly defining the work area plastic sheeting or other impermeable (C) Wipe all remaining surfaces and
and warning occupants and other material in a manner that allows objects in the work area, except for
persons not involved in renovation workers to pass through while confining carpeted or upholstered surfaces, with a
activities to remain outside of the work dust and debris to the work area. damp cloth. Mop uncarpeted floors
area. These signs must be posted before (C) Cover the ground with plastic thoroughly, using a 2-bucket mopping
beginning the renovation and must sheeting or other disposable method that keeps the wash water
remain in place and readable until the impermeable material extending out separate from the rinse water, or using
renovation and the post-renovation from the edge of the structure a a wet mopping system.
cleaning verification have been sufficient distance to collect falling (b) Standards for post-renovation
completed. If warning signs have been paint debris. cleaning verification. (1) Interiors. (i) A
posted in accordance with 24 CFR (3) Waste from renovations. (i) Waste certified renovator must perform a
35.1345(b)(2) or 29 CFR 1926.62(m), from renovation activities must be visual inspection to determine whether
additional signs are not required by this contained to prevent releases of dust visible amounts of dust, debris or
section. and debris before the waste is removed residue are still present. If visible
(2) Containing the work area. Before amounts of dust, debris or residue are
from the work area for storage or
beginning the renovation, the firm must present, these conditions must be
disposal. If a chute is used to remove
isolate the work area so that no visible eliminated by re-cleaning and another
waste from the work area, it must be
dust or debris leaves the work area visual inspection must be performed.
covered.
while the renovation is being (ii) After a successful visual
(ii) At the conclusion of each work
performed. inspection, a certified renovator must:
(i) Interior renovations. The firm day and at the conclusion of the (A) Verify that each windowsill in the
must: renovation, waste that has been work area has been adequately cleaned,
(A) Remove all objects from the work collected from renovation activities using the following procedure.
area, including furniture, rugs, and must be stored under containment, in an (1) Wipe the windowsill with a wet
window coverings, or cover them with enclosure, or behind a barrier that disposable cleaning cloth that is damp
plastic sheeting or other impermeable prevents release of dust and debris out to the touch. If the cloth matches the
material with all seams and edges taped of the work area and prevents access to cleaning verification card, the
or otherwise sealed. dust and debris. windowsill has been adequately
(B) Close and cover all ducts opening (iii) When the firm transports waste cleaned.
in the work area with taped-down from renovation activities, the firm must (2) If the cloth does not match the
plastic sheeting or other impermeable contain the waste to prevent identifiable cleaning verification card, re-clean the
material. releases of dust and debris. windowsill as directed in paragraphs
(C) Close windows and doors in the (4) Cleaning the work area. After the (a)(4)(ii)(B) and (C) of this section, then
work area. Doors must be covered with renovation has been completed, the firm either use a new cloth or fold the used
plastic sheeting or other impermeable must clean the work area until no cloth in such a way that an unused
material. Doors used as an entrance to visible dust, debris or residue remains. surface is exposed, and wipe the
the work area must be covered with (i) Interior and exterior renovations. windowsill again. If the cloth matches
plastic sheeting or other impermeable The firm must: the cleaning verification card, that
material in a manner that allows (A) Pick up all paint chips and debris. windowsill has been adequately
workers to pass through while confining (B) Remove the protective sheeting. cleaned.
dust and debris to the work area. Mist the sheeting before folding it, fold (3) If the cloth does not match the
(D) Cover the floor surface of the work the dirty side inward, and either tape cleaning verification card, clean that
area with plastic sheeting or other shut to seal or seal in heavy-duty bags. windowsill again as directed in
impermeable material with all seams Sheeting used to isolate contaminated paragraphs (a)(4)(ii)(B) and (C) of this
taped and all edges secured at the rooms from non-contaminated rooms section and wait for one hour or until
perimeter of the work area must remain in place until after the the windowsill has dried completely,
(E) Ensure that all personnel, tools, cleaning and removal of other sheeting.
whichever is longer.
and other items including waste are free Dispose of the sheeting as waste. (4) After waiting for the windowsill to
of dust and debris when leaving the (ii) Additional cleaning for interior dry, wipe the windowsill with dry
work area. Alternatively, the paths used renovations. The firm must clean all disposable cleaning cloths until a cloth,
to reach the exterior of the home must objects and surfaces in and around the or section of cloth, used to wipe the
be covered with plastic sheeting or other work area in the following manner, windowsill matches the cleaning
impermeable material to prevent the cleaning from higher to lower: verification card.
(B) Wipe uncarpeted floors within the determine whether visible amounts of renovation cleaning verification
work area with a wet disposable dust, debris or residue are still present. described in § 745.85(b). This
cleaning cloth, using an application If visible amounts of dust, debris or documentation must include a copy of
device with a long handle and a head residue are present, these conditions the certified renovator’s or dust
to which the cloth is attached. The cloth must be eliminated and another visual sampling technician’s training
must remain damp at all times while it inspection must be performed. When certificate, and signed and dated
is being used to wipe the floor for post- the area passes the visual inspection, descriptions of how activities performed
renovation cleaning verification. If the remove the warning signs. by the certified renovator or dust
floor surface within the work area is (c) Activities conducted after post- sampling technician, including worker
greater than 40 square feet, the floor renovation cleaning verification. training activities, sign posting, work
within the work area must be divided Activities that do not disturb paint, such area containment, waste handling,
into roughly equal sections that are each as applying paint to walls that have cleaning, and post-renovation cleaning
less than 40 square feet. Wipe each such already been prepared, are not regulated verification or clearance were
section separately with a new wet by this subpart if they are conducted conducted in compliance with this
disposable cleaning cloth. If the cloth after post-renovation cleaning subpart. The descriptions of these
used to wipe each section of the floor verification has been performed. activities must include a certification by
within the work area matches the 10. Section 745.86 is amended by the record preparer that the descriptions
cleaning verification card, the floor has revising paragraph (a) and adding new are complete and accurate.
been adequately cleaned. paragraphs (b)(6) and (b)(7) to read as 11. Section 745.87 is amended by
(1) If the cloth used to wipe a follows: revising paragraph (e) to read as follows:
particular floor section does not match
the cleaning verification card, re-clean § 745.86 Recordkeeping requirements. § 745.87 Enforcement and inspections.
that section of the floor as directed in (a) Firms performing renovations or * * * * *
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C) conducting dust sampling must retain (e) Lead-based paint is assumed to be
of this section, then use a new wet and, if requested, make available to EPA present at renovations covered by this
disposable cleaning cloth to wipe that all records necessary to demonstrate subpart. EPA may conduct inspections
section again. If the cloth matches the compliance with this subpart for a and issue subpoenas pursuant to the
cleaning verification card, that section period of 3 years following completion provisions of TSCA section 11 (15
of the floor has been adequately of the renovation or dust sampling U.S.C. 2610) to ensure compliance with
cleaned. activities. This 3–year retention this subpart.
(2) If the cloth used to wipe a requirement does not supersede longer
particular floor section does not match obligations required by other provisions § 745.88 [Removed]
the cleaning verification card after the for retaining the same documentation, 12. Section 745.88 is removed.
floor has been re-cleaned, clean that including any applicable State or Tribal 13. Section 745.89 is added to subpart
section of the floor again as directed in laws or regulations. E to read as follows:
paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C) (b) * * *
of this section and wait for 1 hour or (6) Any signed and dated statements § 745.89 Firm certification.
until the entire floor within the work received from owner-occupants that no (a) Initial certification. (1) Firms that
area has dried completely, whichever is children under age 6 reside in housing perform renovations for compensation
longer. being renovated which document that must apply to EPA for certification to
(3) After waiting for the entire floor the requirements of § 745.85 do not perform renovations or dust sampling.
within the work area to dry, wipe those apply. These statements must include a To apply, a firm must submit to EPA a
sections of the floor that have not yet declaration that the renovation will completed ‘‘Application for Firms,’’
achieved post-renovation cleaning occur in the owner’s residence, a signed by an authorized agent of the
verification with dry disposable declaration that no children under age firm, and pay at least the correct amount
cleaning cloths until a cloth that has 6 reside there, the address of the unit of fees. If a firm pays more than the
wiped those sections of the floor undergoing renovation, the owner’s correct amount of fees, EPA will
matches the cleaning verification card. name, the signature of the owner, and reimburse the firm for the excess
This wiping must also be performed the date of signature. These statements amount.
using an application device with a long must be written in the same language as (2) After EPA receives a firm’s
handle and a head to which the cloths the text of the renovation contract, if application, EPA will take one of the
are attached. any. This requirement includes any following actions within 90 days of the
(iii) Dust clearance sampling may be statements received from owners or date the application is received:
performed instead of, or in addition to, occupants that a child under age 6 with (i) EPA will approve a firm’s
the procedures identified in paragraph a blood lead level that equals or exceeds application if EPA determines that it is
(b)(1)(ii) of this section. If dust clearance 10 µg/dL, or an applicable State or local complete and that the environmental
sampling is performed, it must be government level of concern, if lower, compliance history of the firm, its
performed in accordance with resides there. principals, or its key employees does
§ 745.227(e)(8) through (e)(9), except (7) Documentation of compliance not show an unwillingness or inability
that a dust sampling technician certified with the requirements of § 745.85, to maintain compliance with
in accordance with this subpart may including documentation that a certified environmental statutes or regulations.
collect and report the results of the renovator was assigned to the project, An application is complete if it contains
the certified renovator provided on-the- all of the information requested on the
required samples.
(iv) When the work area passes the job training for uncertified workers used form and includes at least the correct
post-renovation cleaning verification or on the project, the certified renovator amount of fees. When EPA approves a
dust clearance sampling, remove the performed or directed uncertified firm’s application, EPA will issue the
warning signs. workers who performed all of the tasks firm a certificate with an expiration date
(2) Exteriors. A certified renovator described in § 745.85(a), and the not more than 3 years from the date the
must perform a visual inspection to certified renovator performed the post- application is approved. EPA
certification allows the firm to perform (iii) If the firm fails to obtain changed. The firm must also pay at least
renovations covered by this section in recertification before the firm’s current the correct amount of fees.
any State or Indian Tribal area that does certification expires, the firm must not (2) If additional information is needed
not have a renovation program that is perform renovations or dust sampling to process the amendment, or the firm
authorized under subpart Q of this part. until it is certified anew pursuant to did not pay the correct amount of fees,
(ii) EPA will request a firm to paragraph (a) of this section. EPA will request the firm to submit the
supplement its application if EPA (2) EPA action on an application. necessary information or fees. The
determines that the application is After EPA receives a firm’s application firm’s certification is not amended until
incomplete. If EPA requests a firm to for re-certification, EPA will review the the firm complies with the request.
supplement its application, the firm application and take one of the (3) Amending a certification does not
must submit the requested information following actions within 90 days of affect the certification expiration date.
or pay the additional fees within 30 receipt: (d) Firm responsibilities. Firms
days of the date of the request. (i) EPA will approve a firm’s performing renovations or dust
(iii) EPA will not approve a firm’s application if EPA determines that it is sampling must ensure that:
application if the firm does not timely and complete and that the (1)(i) All persons performing
supplement its application in environmental compliance history of renovation activities on behalf of the
accordance with paragraph (a)(2)(ii) of the firm, its principals, or its key firm are either certified renovators or
this section or if EPA determines that employees does not show an have been trained by a certified
the environmental compliance history unwillingness or inability to maintain renovator in accordance with § 745.90.
of the firm, its principals, or its key compliance with environmental statutes (ii) All persons performing dust
employees demonstrates an or regulations. When EPA approves a sampling on behalf of the firm are
unwillingness or inability to maintain firm’s application for re-certification, certified as either risk assessors,
compliance with environmental statutes EPA will issue the firm a new certificate inspectors, or dust sampling
or regulations. EPA will send the firm with an expiration date 3 years from the technicians.
a letter giving the reason for not date that the firm’s current certification (2) A certified renovator is assigned to
approving the application. EPA will not expires. EPA certification allows the each renovation performed by the firm
refund the application fees. A firm may firm to perform renovations or dust and discharges all of the certified
reapply for certification at any time by sampling covered by this section in any renovator responsibilities identified in
filing a new, complete application that State or Indian Tribal area that does not § 745.90; and
includes the correct amount of fees. have a renovation program that is (3) All renovations performed by the
authorized under subpart Q of this part. firm are performed in accordance with
(b) Re-certification. To maintain its
the work practice standards in § 745.85.
certification, a firm must be re-certified (ii) EPA will request a firm to
14. Section 745.90 is added to subpart
by EPA every 3 years. supplement its application if EPA
E to read as follows:
(1) Timely and complete application. determines that the application is
To be re-certified, a firm must submit a incomplete. § 745.90 Renovator and dust sampling
complete application for re-certification. (iii) EPA will not approve a firm’s technician certification.
A complete application for re- application if it is not received or is not (a) Renovator and dust sampling
certification includes a completed complete as of the date that the firm’s technician certification. (1) To become a
‘‘Application for Firms’’ which contains current certification expires, or if EPA certified renovator or dust sampling
all of the information requested by the determines that the environmental technician, a person must successfully
form and is signed by an authorized compliance history of the firm, its complete the appropriate course
agent of the firm, noting on the form principals, or its key employees accredited by EPA under § 745.225 or by
that it is submitted as a re-certification. demonstrates an unwillingness or a State or Tribal program that is
A complete application must also inability to maintain compliance with authorized under subpart Q of this part.
include at least the correct amount of environmental statutes or regulations. The course completion certificate serves
fees. If a firm pays more than the correct EPA will send the firm a letter giving as proof of certification. EPA renovator
amount of fees, EPA will reimburse the the reason for not approving the certification allows the certified
firm for the excess amount. application. EPA will not refund the individual to perform renovations
(i) An application for re-certification application fees. A firm may reapply for covered by this section in any State or
is timely if it is postmarked 90 days or certification at any time by filing a new Indian Tribal area that does not have a
more before the date the firm’s current application and paying the correct renovation program that is authorized
certification expires. If the firm’s amount of fees. under subpart Q of this part. EPA dust
application is complete and timely, the (c) Amendment of certification. A sampling technician certification allows
firm’s current certification will remain firm must amend its certification within the certified individual to perform dust
in effect until its expiration date or until 45 days of the date a change occurs to sampling covered by this section in any
EPA has made a final decision to information included in the firm’s most State or Indian Tribal area that does not
approve or disapprove the re- recent application. If the firm fails to have a renovation program that is
certification application, whichever is amend its certification within 45 days of authorized under subpart Q of this part.
later. the date the change occurs, the firm may (2) To maintain renovator or dust
(ii) If the firm submits a complete re- not perform renovations or dust sampling technician certification, a
certification application less than 90 sampling until its certification is person must complete a renovator or
days before its current certification amended. dust sampling technician refresher
expires, and EPA does not approve the (1) To amend a certification, a firm course accredited by EPA under
application before the expiration date, must submit a completed ‘‘Application § 745.225 or by a State or Tribal program
the firm’s current certification will for Firms,’’ signed by an authorized that is authorized under subpart Q of
expire and the firm will not be able to agent of the firm, noting on the form this part within 3 years of the date the
conduct renovations until EPA approves that it is submitted as an amendment person completed the initial course
its re-certification application. and indicating the information that has described in paragraph (a)(1) of this
section. If the person does not complete send the collected samples to a suspension, revocation, or modification,
a refresher course within this time, the laboratory recognized by EPA under or to receive certification in the future.
person must re-take the initial course to TSCA section 405(b), and must compare (iv) The opportunity and method for
become certified again. the results to the clearance levels in requesting a hearing prior to final
(3) Persons who have a valid lead- accordance with § 745.227(e)(8). suspension, revocation, or modification.
based paint abatement supervisor or (2) Must have with them at the work (2) If an individual or firm requests a
worker certification issued by EPA site copies of their initial course hearing, EPA will:
under § 745.226 or by a State or Tribal completion certificate and their most (i) Provide the affected entity an
program authorized under subpart Q of recent refresher course completion opportunity to offer written statements
this part are also deemed to be certified certificate. in response to EPA’s assertions of the
renovators. 15. Section 745.91 is added to subpart legal and factual basis for its proposed
(4) Persons who have a valid lead- E to read as follows: action.
based paint inspector or risk assessor (ii) Appoint an impartial official of
certification issued by EPA under § 745.91 Suspending, revoking, or EPA as Presiding Officer to conduct the
modifying an individual’s or firm’s hearing.
§ 745.226 or by a State or Tribal program
certification. (3) The Presiding Officer will:
authorized under subpart Q of this part
are also deemed to be certified dust (a)(1) Grounds for suspending, (i) Conduct a fair, orderly, and
sampling technicians. revoking or modifying an individual’s impartial hearing within 90 days of the
(b) Renovator responsibilities. certification. EPA may suspend, revoke, request for a hearing.
Certified renovators are responsible for or modify an individual’s certification if (ii) Consider all relevant evidence,
ensuring compliance with § 745.85 at all the individual fails to comply with explanation, comment, and argument
renovations to which they are assigned. Federal lead-based paint statutes or submitted.
A certified renovator: regulations. EPA may also suspend, (iii) Notify the affected entity in
(1) Must perform all of the tasks revoke, or modify a certified renovator’s writing within 90 days of completion of
described in § 745.85(b) and must either certification if the renovator fails to the hearing of his or her decision and
perform or direct uncertified workers ensure that all assigned renovations order. Such an order is a final agency
who perform all of the tasks described comply with § 745.85. In addition to an action which may be subject to judicial
in § 745.85(a). administrative or judicial finding of review.
(2) Must provide training to violation, execution of a consent (4) If EPA determines that the public
uncertified workers on the lead-safe agreement in settlement of an health, interest, or welfare warrants
work practices they will be using in enforcement action constitutes, for immediate action to suspend the
performing their assigned tasks, how to purposes of this section, evidence of a certification of any individual or firm
isolate the work area and maintain the failure to comply with relevant statutes prior to the opportunity for a hearing, it
integrity of the containment barriers, or regulations. will:
and how to avoid spreading dust or (2) Grounds for suspending, revoking (i) Notify the affected entity in
debris beyond the work area. or modifying a firm’s certification. EPA accordance with paragraph (b)(1)(i)
(3) Must be physically present at the may suspend, revoke, or modify a firm’s through (b)(1)(iii) of this section,
work site when the signs required by certification if the firm: explaining why it is necessary to
§ 745.85(a)(1) are posted, while the work (i) Submits false or misleading suspend the entity’s certification before
area containment required by information to EPA in its application for an opportunity for a hearing.
§ 745.85(a)(2) is being established, and certification or re-certification. (ii) Notify the affected entity of its
while the work area cleaning required (ii) Fails to maintain or falsifies right to request a hearing on the
by § 745.85(a)(4) is performed. records required in § 745.86. immediate suspension within 15 days of
(4) Must direct work being performed (iii) Fails to comply, or an individual the suspension taking place and the
by uncertified persons to ensure that performing a renovation on behalf of the procedures for the conduct of such a
lead-safe work practices are being firm fails to comply, with Federal lead- hearing.
followed, the integrity of the based paint statutes or regulations. In (5) Any notice, decision, or order
containment barriers is maintained, and addition to an administrative or judicial issued by EPA under this section, any
dust or debris is not spread beyond the finding of violation, execution of a transcript or other verbatim record of
work area. consent agreement in settlement of an oral testimony, and any documents filed
(5) Must be available, either on-site or enforcement action constitutes, for by a certified individual or firm in a
by telephone, at all times that purposes of this section, evidence of a hearing under this section will be
renovations are being conducted. failure to comply with relevant statutes available to the public, except as
(6) When requested by the entity or regulations. otherwise provided by section 14 of
contracting for renovation services, (b) Process for suspending, revoking, TSCA or by part 2 of this title. Any such
must use an acceptable test kit to or modifying certification. (1) Prior to hearing at which oral testimony is
determine whether components to be taking action to suspend, revoke, or presented will be open to the public,
affected by the renovation contain lead- modify an individual’s or firm’s except that the Presiding Officer may
based paint. certification, EPA will notify the exclude the public to the extent
(7) Must have with them at the work affected entity in writing of the necessary to allow presentation of
site copies of their initial course following: information which may be entitled to
completion certificate and their most (i) The legal and factual basis for the confidential treatment under section 14
recent refresher course completion proposed suspension, revocation, or of TSCA or part 2 of this title.
certificate. modification. (6) EPA will maintain a publicly
(c) Dust sampling technician (ii) The anticipated commencement available list of entities whose
responsibilities. A certified dust date and duration of the suspension, certification has been suspended,
sampling technician: revocation, or modification. revoked, modified or reinstated.
(1) Must collect dust samples in (iii) Actions, if any, which the 16. Section 745.220 is amended by
accordance with § 745.227(e)(8), must affected entity may take to avoid revising paragraph (a) to read as follows:
§ 745.220 Scope and applicability. required under paragraph (b) of this (8) * * *
(a) This subpart contains procedures section on or after March 1, 1999. A (iv) For initial inspector, risk assessor,
and requirements for the accreditation training program must not provide, project designer, supervisor, or
of training programs for lead-based offer, or claim to provide EPA- abatement worker course completion
paint activities and renovations, accredited renovator or dust sampling certificates, the expiration date of
procedures and requirements for the technician courses without applying for interim certification, which is 6 months
certification of individuals and firms and receiving accreditation from EPA as from the date of course completion.
engaged in lead-based paint activities, required under paragraph (b) of this * * * * *
and work practice standards for section on or after [insert date 60 days (vi) The language in which the course
performing such activities. This subpart after date of publication of the final rule was taught.
also requires that, except as discussed in the Federal Register]. * * * * *
below, all lead-based paint activities, as (b) Application process. The (10) Courses offered by the training
defined in this subpart, be performed by following are procedures a training program must teach the work practice
certified individuals and firms. program must follow to receive EPA standards contained in § 745.85 or
* * * * * accreditation to offer lead-based paint § 745.227, as applicable, in such a
17. Section 745.225 is amended as activities courses, renovator courses, or manner that trainees are provided with
follows: dust sampling technician courses: the knowledge needed to perform the
a. Revise paragraph (a). (1) * * * renovations or lead-based paint
b. Revise the introductory text of (ii) A list of courses for which it is activities they will be responsible for
paragraph (b), revise paragraph (b)(1)(ii), applying for accreditation. For the conducting.
and add paragraph (b)(1)(iv)(C). purposes of this section, courses taught
in different languages are considered * * * * *
c. Revise the introductory text of (d) * * *
paragraph (c) and paragraph (c)(8)(iv), different courses, and each must
(6) Renovator. (i) Role and
add paragraphs (c)(6)(vi), (c)(6)(vii), and independently meet the accreditation
responsibility of a renovator.
(c)(8)(vi), and revise paragraph (c)(10). requirements.
(ii) Background information on lead
d. Amend paragraph (c)(13) by * * * * * and its adverse health effects.
replacing the phrase ‘‘lead-based paint (iv) * * * (iii) Background information on
activities’’ with the phrase ‘‘renovator, (C) When applying for accreditation of Federal, State, and local regulations and
dust sampling technician, or lead-based a course in a language other than guidance that pertains to lead-based
paint activities’’ wherever it appears in English, a signed statement from a paint and renovation activities.
the paragraph. qualified, independent translator that (iv) Procedures for using acceptable
e. Add paragraphs (d)(6) and (d)(7). they had compared the course to the test kits to determine whether paint is
f. Revise the introductory text of English language version and found the lead-based paint.
paragraph (e). translation to be accurate. (v) Renovation methods to minimize
g. Amend paragraph (e)(1) by (c) Requirements for the accreditation the creation of dust and lead-based
removing the word ‘‘activities’’ of training programs. For a training paint hazards.
wherever it appears in the paragraph. program to obtain accreditation from (vi) Interior and exterior containment
h. Revise paragraph (e)(2). EPA to offer lead-based paint activities and cleanup methods.
§ 745.225 Accreditation of training
courses, renovator courses, or dust (vii) Methods to ensure that the
programs; target housing and child- sampling technician courses, the renovation has been properly
occupied facilities. program must meet the following completed, including clean-up
(a) Scope. (1) A training program may requirements: verification, and clearance testing.
seek accreditation to offer courses in * * * * * (viii) Waste handling and disposal.
any of the following disciplines: (6) * * * (7) Dust sampling technician. (i) Role
Inspector, risk assessor, supervisor, (vi) The renovator course must last a and responsibility of a dust sampling
project designer, abatement worker, minimum of 8 training hours, with a technician.
renovator, and dust sampling minimum of 2 hours devoted to hands- (ii) Background information on lead
technician. A training program may also on training activities. The minimum and its adverse health effects.
seek accreditation to offer refresher curriculum requirements for the (iii) Background information on
courses for each of the above listed renovator course are contained in Federal, State, and local regulations and
disciplines. paragraph (d)(6) of this section. Hands- guidance that pertains to lead-based
(2) Training programs may first apply on training activities must cover paint and renovation activities.
to EPA for accreditation of their lead- renovation methods that minimize the (iv) Dust sampling methodologies.
based paint activities courses or creation of dust and lead-based paint (v) Clearance standards and testing.
refresher courses pursuant to this hazards, interior and exterior (vi) Report preparation.
section on or after August 31, 1998. containment and cleanup methods, and * * * * *
Training programs may first apply to post-renovation cleaning verification. (e) Requirements for the accreditation
EPA for accreditation of their renovator (vii) The dust sampling technician of refresher training programs. A
or dust sampling technician courses or course must last a minimum of 8 training program may seek accreditation
refresher courses pursuant to this training hours, with a minimum of 2 to offer refresher training courses in any
section on or after [insert date 1 year hours devoted to hands-on training of the following disciplines: Inspector,
activities. The minimum curriculum risk assessor, supervisor, project
after date of publication of the final rule

in the Federal Register]. requirements for the dust sampling designer, abatement worker, renovator,
(3) A training program must not technician course are contained in and dust sampling technician. To obtain
provide, offer, or claim to provide EPA- paragraph (d)(7) of this section. Hands EPA accreditation to offer refresher
accredited lead-based paint activities on training activities must cover dust training, a training program must meet
courses without applying for and sampling methodologies. the following minimum requirements:
receiving accreditation from EPA as * * * * * * * * * *
(1) * * * the environment as the corresponding (iv) Requirements that all renovations
(2) Refresher courses for inspector, Federal program under subpart E or be conducted by appropriately certified
risk assessor, supervisor, and abatement subpart L of this part, or both; and individuals and/or firms.
worker must last a minimum of 8 * * * * * (v) Work practice standards for the
training hours. Refresher courses for (4) If the State or Indian Tribe applies conduct of renovations.
project designer, renovator, and dust for authorization of State or Tribal (3) For all renovation programs,
sampling technician must last a programs under both subpart E and development of the appropriate
minimum of 4 training hours. subpart L, EPA may, as appropriate, infrastructure or government capacity to
* * * * * authorize one program and disapprove effectively carry out a State or Tribal
18. Section 745.320 is amended by the other. program.
revising paragraph (c) to read as follows: (b) Pre-renovation education. To be
* * * * * considered at least as protective as the
§ 745.320 Scope and purpose. (f) * * * Federal program, the State or Tribal
(2) If a State or Indian Tribe does not program must:
* * * * *
(c) A State or Indian Tribe may seek have an authorized program to (1) Establish clear standards for
authorization to administer and enforce administer and enforce the pre- identifying renovation activities that
all of the provisions of subpart E of this renovation education requirements of trigger the information distribution
part or just the pre-renovation education subpart E of this part by August 31, requirements.
provisions of subpart E of this part. The 1998, the Administrator will, by such (2) Establish procedures for
provisions of §§ 745.324 and 745.326 date, enforce those provisions of subpart distributing the lead hazard information
apply for the purposes of such program E of this part as the Federal program for to owners and occupants of housing
authorizations. that State or Indian Country. If a State prior to renovation activities.
or Indian Tribe does not have an (3) Require that the information to be
* * * * * authorized program to administer and distributed include either the pamphlet
19. Section 745.324 is amended as enforce the training, certification and titled Protect Your Family from Lead
follows: accreditation requirements and work
a. Revise paragraph (a)(1). During Renovation, Repair & Painting,
practice standards of subpart E of this developed by EPA under section 406(a),
b. Delete the phrase ‘‘lead-based paint
part by [insert date 1 year after date of or an alternate pamphlet or package of
training accreditation and certification’’
publication of the final rule in the lead hazard information that has been
from the second sentence of paragraph
Federal Register], the Administrator submitted by the State or Tribe,
(b)(1)(iii).
c. Revise paragraph (b)(2)(ii). will, by such date, enforce those reviewed by EPA, and approved by EPA
d. Revise paragraphs (e)(2)(i) and provisions of subpart E of this part as for that State or Tribe. Such information
(e)(4). the Federal program for that State or must contain renovation-specific
e. Revise paragraph (f)(2). Indian Country. information similar to that in Protect
f. Revise paragraph (i)(8). * * * * * Your Family from Lead During
(i) * * * Renovation, Repair & Painting, must
§ 745.324 Authorization of State or Tribal (8) By the date of such order, the meet the content requirements
programs. prescribed by section 406(a) of TSCA,
Administrator will establish and enforce
(a) Application content and the provisions of subpart E or subpart L and must be in a format that is readable
procedures. (1) Any State or Indian of this part, or both, as the Federal to the diverse audience of housing
Tribe that seeks authorization from EPA program for that State or Indian owners and occupants in that State or
to administer and enforce the provisions Country. Tribe.
of subpart E or subpart L of this part 20. Section 745.326 is revised to read (i) A State or Tribe with a pre-
must submit an application to the as follows: renovation education program approved
Administrator in accordance with this before [insert date 60 days after date of
paragraph. § 745.326 Renovation: State and Tribal publication of the final rule in the
* * * * * program requirements. Federal Register] must demonstrate that
(b) * * * (a) Program elements. To receive it meets the requirements of this section
(2) * * * authorization from EPA, a State or no later than the first report that it
(i) * * * Tribal program must contain the submits pursuant to § 745.324(h) of this
(ii) An analysis of the State or Tribal following program elements: subpart on or after [insert date 1 year
program that compares the program to (1) For pre-renovation education after date of publication of the final rule
the Federal program in subpart E or programs, procedures and requirements in the Federal Register].
subpart L of this part, or both. This for the distribution of lead hazard (ii) A State or Tribe with an
analysis must demonstrate how the information to owners and occupants of application for approval of a pre-
program is, in the State’s or Indian target housing before renovations for renovation education program
Tribe’s assessment, at least as protective compensation. submitted but not approved before
as the elements in the Federal program (2) For renovation training, [insert date 60 days after date of
at subpart E or subpart L of this part, or certification, accreditation, and work publication of the final rule in the
both. EPA will use this analysis to practice standards programs: Federal Register] must demonstrate that
evaluate the protectiveness of the State (i) Procedures and requirements for it meets the requirements of this section
or Tribal program in making its the accreditation of renovation and dust either by amending its application or in
determination pursuant to paragraph sampling technician training programs.
the first report that it submits pursuant

(e)(2)(i) of this section. (ii) Procedures and requirements for to § 745.324(h) of this part on or after
* * * * * the certification of renovators and dust [insert date 1 year after date of
(e) * * * sampling technicians. publication of the final rule in the
(2) * * * (iii) Procedures and requirements for Federal Register].
(i) The State or Tribal program is at the certification of individuals and/or (iii) A State or Indian Tribe
least as protective of human health and firms. submitting its application for approval
of a pre-renovation education program for the acceptance of renovation training 21. Section 745.327 is amended by
on or after [insert date 60 days after date offered by training providers accredited revising paragraphs (b)(1)(iv) and
of publication of the final rule in the by EPA or a State or Tribal program (b)(2)(ii) to read as follows:
Federal Register] must demonstrate in authorized by EPA under this subpart.
its application that it meets the § 745.327 State or Indian Tribal lead-based
(d) Certification of renovators. To be paint compliance and enforcement
requirements of this section. considered at least as protective as the programs.
(c) Accreditation of training programs. Federal program, the State or Tribal
To be considered at least as protective * * * * *
program must:
as the Federal program, the State or (b) * * *
(1) Establish procedures and
Tribal program must meet the requirements for individual certification (1) * * *
requirements of either paragraph (c)(1) that ensure that certified renovators are (iv) Requirements that regulate the
or (c)(2) of this section: trained by an accredited training conduct of renovation activities as
(1) The State or Tribal program must program. described at § 745.326.
establish accreditation procedures and (2) Establish procedures and (2) * * *
requirements, including: requirements for re-certification. (ii) For the purposes of enforcing a
(i) Procedures and requirements for (3) Establish procedures for the renovation program, State or Tribal
the accreditation of training programs, suspension, revocation, or modification officials must be able to enter a firm’s
including, but not limited to: of certifications. place of business or work site.
(A) Training curriculum * * * * *
(e) Work practice standards for
requirements. 22. Section 745.339 is revised to read
renovations. To be considered at least as
(B) Training hour requirements. as follows:
(C) Hands-on training requirements. protective as the Federal program, the
(D) Trainee competency and State or Tribal program must establish § 745.339 Effective dates.
proficiency requirements. standards that ensure that renovations
are conducted reliably, effectively, and States and Indian Tribes may seek
(E) Requirements for training program authorization to administer and enforce
quality control. safely. At a minimum, the State or
Tribal program must contain the subpart L of this part pursuant to this
(ii) Procedures and requirements for subpart at any time. States and Indian
the re-accreditation of training following requirements:
(1) Renovations must be conducted Tribes may seek authorization to
programs. administer and enforce subpart E of this
(iii) Procedures for the oversight of only by certified contractors.
part pursuant to this subpart effective
training programs. (2) Renovations are conducted using
[insert date 60 days after date of
(iv) Procedures and standards for the lead-safe work practices that are at least
publication of the final rule in the
suspension, revocation, or modification as protective to occupants as the
Federal Register].
of training program accreditations; or requirements in § 745.85.
(2) The State or Tribal program must (3) Certified contractors must retain [FR Doc. 06–71 Filed 1–9–06; 8:45 am]
establish procedures and requirements appropriate records. BILLING CODE 6560–50–S

Proposed Rule: Toxic Substances: Lead Renovation, Repair, and Painting Program Hazard Exposure Reduction

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Tuesday,

January 10, 2006

regulations. When conducting 1018 of Title X and TSCA section

to apply for, and receive authorization by 2010. Other agencies specifically

removal. work history, work habits, and hobbies.

Review Panel process discussed in

for this action (Refs. 39 and 40).

requirements of this proposal for

copy of which is available in the docket occupant. EPA requests comment on

and cooperatives, EPA requests 2. Other options considered. EPA

anticipates that most property

certified lead-based paint inspectors or § 745.225(c)(6)(vii) would establish the

determining the type of work site

unit. EPA requests comment on whether efficiency of each of these measures.

45778, August 29, 1996).

phase applies to all rental housing built

estimates the benefits of avoiding

conducted in accordance with most of

‘‘clearance.’’ EPA’s three options were

authorities receive federal subsidies for

has not provided the owners and

reduce human exposure or likely written notification to the owners and

after date of publication of the final rule

the first report that it submits pursuant

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