Frequent Questions About Lead Abatement, Risk Assessment & Inspection

Program Basics & Definitions

What activities may each discipline perform?

Disciplines may perform as follows:

Inspectors may perform inspection and post-abatement testing activities.
Risk assessors may perform inspection, post-abatement testing, lead hazard screen and risk assessment activities.
Abatement supervisors may supervise abatement projects and prepare occupant protection plans and abatement reports. Supervisors may also perform all of the abatement activities that may be performed by abatement workers.
Project designers may prepare occupant protection plans and abatement reports for abatement projects.
Abatement workers may conduct abatement activities under the direction of certified abatement supervisors.

Question Number: 23002-32428

What is the difference between abatement and RRP certification?

Abatement certification, also known as Lead-Based Paint Activities certification, is a specialized type of certification for firms who specifically work with lead-based paint such as lead abatement firms, lead risk assessor firms and lead inspection firms. Abatement intentionally addresses lead-based paint hazards. RRP certification is appropriate for firms who disturb paint in pre-1978 residences and child-occupied facilities simply as a consequence of doing other work. It covers a broad range of firms including renovators, carpenters, painters, electricians, plumbers, handymen and more. These firms do NOT need abatement certification.

Question Number: 23002-33651

What is the definition of abatement? How do I determine if a particular activity is a regulated abatement activity?

Abatement is defined at 40 CFR 745.223 as any measure or set of measures designed to address lead-based paint hazards. Following this basic definition are four numbered paragraphs (1)-(4) that provide a non-exhaustive list of examples of what is or is not abatement. Persons attempting to determine whether an activity is abatement, and therefore subject to regulation, should consider both the basic definition in the initial paragraph of 40 CFR 745.223 and the examples and exclusions in paragraphs (1)-(4) that follow. If an activity is not expressly included or excluded in paragraphs (1)-(4), the activity is still abatement if it falls within the basic definition (i.e., a measure or set of measures designed to address lead-based paint hazards). Conversely, if an activity is included in paragraphs (1)-(4) but is not designed to address lead-based paint hazards, the activity is not abatement.

Question Number: 23002-33452

Immediately following the completion of renovation activities, a company conducts an examination which reveals dust levels above the action level. Is removal of dust to address the failure of this examination considered abatement?

No. The removal of dust to address the failure of the examination would be considered part of cleanup from the renovation. Routine cleanup of renovation-related dust is not abatement, even if the dust is known to be above the dust lead reportable level. For more information on lead-safe work practices or to find a professional certified by EPA, visit EPA's RRP Program webpage or contact the National Lead Information Center at 1-800-424-LEAD (5323).

Question Number: 23002-33453

Recertification & Refresher Training

Do I need to be recertified for lead-based paint abatement?

Yes, you must be recertified every three or five years. Your EPA certificate will indicate when your certification expires. You can learn more about individual recertification on EPA’s website.

Question Number: 23002-32437

How do I apply for recertification as an individual under the lead-based paint activities (abatement, inspection and risk assessment) program?

The application for recertification is done online. You must take an accredited refresher training course and then be prepared to attach the following when completing your online application:

PDF copy of your course completion certificate
Passport photograph (JPG format preferred)
Credit card, debit card, or information needed to complete an ACH payment of the applicable fee

Question Number: 23002-32444

What must I do to be recertified under the lead-based paint activities (abatement, inspection and risk assessment) program?

Prior to the expiration of your current certificate, you must take an accredited refresher training course, you must apply to EPA for recertification, and you must pay a recertification fee.

Question Number: 23002-32442

Must I take a third-party certification exam to get recertified?

No. A third-party exam is not required for recertification, even if you choose to take another initial training course rather than a refresher training course.

Question Number: 23002-32439

When do I apply for recertification under the lead-based paint activities (abatement, inspection and risk assessment) program?

You must be recertified by EPA before your current certification expires. EPA therefore recommends that you submit your application for recertification no later than 90 days before your current certification expires.

Question Number: 23002-32445

When must I take refresher training for a lead-based paint activities (abatement, inspection and risk assessment) discipline?

You must take refresher training before you apply for recertification to EPA. You should begin looking for available courses well before your current certification expires, because refresher courses may not be available in your area on a frequent basis. However, EPA recommends that you take your refresher training no earlier than 18 months before your current certification expires. You will not lose time from your current certification if you take refresher training early. When you apply for recertification, EPA will issue you a certificate that begins on your current expiration date and expires three years from that date.

If you are unable to find an accredited refresher course in your discipline, you may take an accredited initial course in your discipline. If you choose this option, you must successfully complete the entire course.

Question Number: 23002-32440

Which refresher training courses must I take?

You must take an accredited refresher training course for each discipline in which you are certified. The courses must be accredited either by EPA or by an EPA-authorized state or Tribal lead-based paint program.

Question Number: 23002-32443

If a person is the principal instructor or guest instructor for an initial or refresher course for one of the lead-based paint activities disciplines, can that person rely on his or her instruction of the course to fulfill the training requirement for certification in that discipline?

No. A person who is a principal instructor or guest instructor for a course may not rely on that course to fulfill requirements for certification. The requirements at 745.226(b)(1)(i) and (c)(1)(i) say that to become certified a person must “successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program.” A person may be re-certified in a discipline if he or she “successfully completes the appropriate accredited refresher training course and submits a valid copy of the appropriate refresher course completion certificate.” 40 CFR 745.226(e)(2). Under the accreditation requirements in 745.225(c)(7), each person “must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course.” To successfully complete training requirements, persons seeking certification just complete the training as students rather than as instructors. This will maximize each person’s participation in the training, including the hands-on components, and will ensure that each person’s qualifications are independently and objectively evaluated through the course test.

Question Number: 23002-33459

Must refresher course completion certificates for lead-based paint activities disciplines include an expiration date?

No. The requirement that a completion certificate include an expiration date only applies to “interim certifications.” Refresher course completion certificates do not expire in the federal program. Specifically, 40 CFR 745.225(e)(4) and (e)(5)(vi), in describing requirements for refresher courses, refer back to 40 CFR 745.225(c), the requirements for initial course programs. However, 40 CFR 745.225(c)(8)(iv), which states that course completion certificates must bear the interim certification expiration date, does not apply to refresher course completion certificates. “Interim certification,” as that term is defined in 40 CFR 745.223, describes the status of a person who has successfully completed a training course but who has not yet received formal certification from EPA. The term is not applicable to persons who have already been certified. Accordingly, there is no interim certification date to display on a refresher course completion certificate. Moreover, 40 CFR 745.226(e) states that a certified person must be re-certified by EPA every three years, or every five years, if the person’s initial course included a proficiency test. Unlike the interim certification, which allows a person to work for up to six months before being fully certified, a certification of a person who has already been certified will expire on the applicable anniversary date (three or five years), unless they have taken the refresher course and been re-certified prior to the expiration of their current certification. There is no provision allowing this deadline to be extended (or shortened) based on the completion date of a refresher course. Imprinting a refresher course completion certificate with an expiration date six months from the date the certificate is issued could mislead certified individuals into thinking that they have six months from the date they complete their refresher course to become re-certified regardless of when their certification expires. This is incorrect and may cause a person’s certification to lapse. In addition, such an expiration date could also be misleading because it implies that a certified person must take a refresher course no more than six months before his or her current certification expires. EPA has no such requirement. On the contrary, EPA recommends that refresher training be taken more than 18 months before an individual’s current certification expires.

Question Number: 23002-33462

In some areas of the country, refresher courses are offered infrequently. Can an individual applying for recertification re-take an initial course in the lead-based paint activity discipline for which they are certified instead of taking a refresher course?

Yes. The certified individual can simply re-take the initial course in the discipline for which they are certified.

Question Number: 23002-33463

Getting Certified (e.g., Individual Initial Certification)

When must I apply for certification under the Lead-Based Paint Activities (abatement, inspection and risk assessment) Program?

You must complete the application process, including the third-party exam (if required for your discipline), before the expiration date of your interim certification. Submit your application for certification to EPA within 30 days of completing your initial training course so that you have plenty of time to take the third-party exam and ensure that your application is complete before your interim certification expires.

Question Number: 23002-32429

Besides the initial training course, what are the education, experience and training requirements for each lead-based paint activities discipline?

Training requirements for the lead-based paint activities disciplines are as follows:

Lead-Based Paint Inspector

None

Lead-Based Paint Risk Assessor

Pass an accredited inspector course
Meet one of the following requirements:
- Bachelor's degree and one year of experience in a related field
- Associates degree and two years experience in a related field
- Certification as an industrial hygienist, professional engineer, registered architect and/or certification in a related engineering/health/environmental field
- A high school diploma (or equivalent), and at least three years of experience in a related field

Lead-Based Paint Abatement Supervisor

Meet one of the following requirements:
- One year of experience as a certified lead-based paint abatement worker
- At least two years of experience in a related field

Lead-Based Paint Project Designer

Pass an accredited supervisor course
Meet one of the following requirements:
- Bachelor's degree in engineering, architecture, or a related profession, and one year of experience in building construction and design or a related field
- Four years of experience in building construction and design or a related field

Lead-Based Paint Abatement Worker

None

Question Number: 23002-32431

How do I apply for certification as an individual under the Lead-Based Paint Activities (abatement, inspection and risk assessment and evaluation) Program?

The application for certification is done online. You must have the following materials available in order to apply:

PDF copy of your course completion certificate
Passport photograph (JPG format preferred)
Credit card, debit card, or information needed to complete an ACH payment of the applicable fee
PDF copies of evidence that you meet all of the education, experience, and training requirements for the discipline (e.g., academic transcripts, resume, and training course completion certificates)

Question Number: 23002-32430

When may I begin conducting lead-based paint activities?

You may begin work immediately after receiving a course completion certificate from an initial training course that is accredited by EPA. This certificate serves as interim certification for six months following completion of training. This gives you time to complete the certification process, including taking the third-party exam (if required for your discipline). However, if you do not pass the exam within six months your interim certification will expire and you will not be able to work.

Question Number: 23002-32427

What if I am already certified by an EPA authorized state or Tribal lead-based paint activities program?

If you are already certified by an EPA-authorized program in a particular discipline, and you want to obtain federal certification, you must be prepared to submit the following in your online application:

Copy of your currently valid certificate (license/permit) from the authorized state or Tribe
Passport photograph (JPG format preferred)
Credit card, debit card, or information needed to complete an ACH payment of the applicable fee
You do not need to take an EPA-accredited initial training course or the third-party exam

Question Number: 23002-32432

I took a lead-based paint activities course accredited by an authorized state, but I’m seeking certification from EPA. What must I submit?

Individuals seeking EPA certification under the provisions of 40 CFR 745.226(a)(1)(ii) may take courses accredited by authorized states or Tribes. However, they must also complete their certification in the authorized state or Tribe and submit a valid lead-based paint activities certification from the authorized state or Tribe when applying for EPA certification.

Question Number: 23002-33443

When do persons applying for certification as inspectors, risk assessors, or abatement supervisors apply to EPA, before or after taking the third-party exam?

Persons applying for certification as inspectors, risk assessors, and/or abatement supervisors must apply to EPA before taking the third-party certification exam. For more information about applying for certification as a lead-based paint activities professional please refer to EPA’s Lead-Based Paint Professionals page.

Question Number: 23002-33448

Application Processing, Validity & Documentation

What if I do not complete the Lead-Based Paint Activities (abatement, inspection and risk assessment) Program certification application process before my interim certification expires?

You must have completed the application process and received a certificate from EPA within six months of receiving your course completion certificate. If the application process is not completed, you must retake the appropriate course from an accredited training program and reapply for certification from EPA. If you do not receive a certificate from EPA before your interim certification expires, you cannot conduct lead-based paint activities.

Question Number: 23002-32436

What will happen when EPA receives my Lead-Based Paint Activities (abatement, inspection and risk assessment) Program certification application?

If you are applying for certification as a lead-based paint inspector, lead-based paint risk assessor, or abatement supervisor, EPA will send you a letter that instructs you how to register for and take the required third-party exam for that discipline. If you are applying for certification as a project designer or abatement worker, EPA will begin processing your application as soon as it is complete.

Question Number: 23002-32435

Are there any special requirements for the passport photos?

You must submit a passport photograph of you alone (JPG format preferred). The photographs must be:

Recent enough to be a good likeness (taken within the last six months)
Clear with a front view of your face taking up the majority of the area (no hats or dark glasses) with a white/off-white background
Focused on your head and shoulders

Please note that retouched and profile images are not acceptable.

Question Number: 23002-32433

Where can I get more information or copies of the lead-based paint activities (abatement, inspection and risk assessment) certification?

Information regarding certification under EPA’s Lead-Based Paint Activities (abatement, inspection and risk assessment) Program is available at Lead-Based Paint Abatement and Evaluation Program: Overview.

Question Number: 23002-32438

When individuals apply for certification in the federal Lead-Based Paint Activities Program under 40 CFR 745.226(a)(1)(i), how long will the certification last?

For individuals who have taken lead-based paint activities (abatement, inspection and risk assessment) courses which included a course test and a hands-on skills assessment, the full certification period for individuals applying under 745.226(a)(1)(i) will run for three years from the date of issuance of certification by EPA. For individuals who have taken courses which included a proficiency test instead of the course test and hands-on skills assessment, the full certification period would run for five years from the date of issuance of certification by EPA.

Question Number: 23002-33444

Where can I get more information or instructions for applying for certification or accreditation?

General information and instructions for applying for certification or accreditation are available from the National Lead Information Center at 1-800-424-LEAD (5323).

Question Number: 23002-33608

When individuals apply for certification in the federal Lead-Based Paint Activities (abatement, inspection and risk assessment) Program under the provisions of 745.226(a)(1)(ii) by submitting a valid certification from an authorized state or Tribe, how long will the certification last?

The full certification period for individuals applying under the provisions of 40 CFR 745.226(a)(1)(ii) will be three years from the date of issuance of certification by EPA.

Question Number: 23002-33445

Who Must Be Certified & Jobsite Requirements

Can a rental property owner perform lead abatement on an unoccupied residential property without meeting the abatement training and certification requirements?

No. Persons wishing to perform lead abatements are exempt from the abatement training and certification requirements only if they meet all of the following requirements at 40 CFR 745.220(b):

The person is the owner of the residential dwelling
The residential dwelling is occupied by the owner or the owner’s immediate family
A child with an elevated blood lead level (EBLL) is not residing in or occupying the residential dwelling

The exemption in 40 CFR 745.220(b) is strictly intended to cover homeowners performing lead-based paint activities in their own homes. Whether the property is unoccupied or occupied by someone other than the owner or the owner’s immediate family at the time the lead-based paint activities are performed does not affect the applicability of the exclusion. The second criterion above is intended to exclude rental property. The exemption would not apply to homeowners performing lead-based paint activities in a house they owned and rented out to others. Additionally, the exemption does not apply to a homeowner’s residence when there is a child with elevated blood lead levels occupying the house. This third criterion was added in response to public comments on the proposed rule. The restriction was intended to protect the most sensitive populations, children with elevated blood lead levels, from potential lead exposure during lead abatements conducted by untrained homeowners. Therefore, landlords would only be eligible for the exemption when they meet all of the above criteria. Example: Mr. Smith owns Houses A and B, lives in House A, and rents out House B. He would be eligible for the exemption under 40 CFR 745.220(b) if he abated House A and did not have a child with elevated blood lead levels living in House A. Mr. Smith would not be eligible for the exemption if he abated House B, because he and/or his immediate family are not residing in House B. Even if Mr. Smith relocated the tenants during the abatement or waited to do the abatement when House B was between rentals, he still would not be eligible for the exemption for House B.

Question Number: 23002-33438

Can a supervisor carry out worker activities?

Yes. Both the training and the education and experience requirements of supervisors cover the same topics required of workers in addition to the topics specific to supervisors. In order to supervise workers, supervisors must know how to carry out worker activities.

Question Number: 23002-33449

If a homeowner wishes to perform lead abatement on his own home, but the home is visited on occasion by a child with elevated blood lead levels, is that homeowner subject to regulatory requirements (training, certification, work practice standards, etc.)

It depends. If a child with elevated blood lead levels spends an amount of time in the home that would meet the definition of “child-occupied facility” at 40 CFR 745.223, a homeowner conducting lead abatement on that home would not be eligible for the exemption at 40 CFR 745.220(b). However, if a child with elevated blood lead levels spends an amount of time in the home that is less than the time required in the definition of “child-occupied facility,” a homeowner would be eligible for the exemption.

Question Number: 23002-33439

If a person purchases a house and plans to conduct a lead abatement before moving his or her family into the house, is that person subject to regulatory requirements (training, certification, work practice standards, etc.) at 40 CFR 745 Subpart L?

No. If the person intends to perform lead abatement himself, owns the home, intends to use the home as a residence for himself or his immediate family, and a child with an elevated blood lead level (EBLL) will not reside in or occupy the home, then the person is excluded from regulation pursuant to 40 CFR 745.220(b).

Question Number: 23002-33440

Does a supervisor need to be certified as a worker to conduct lead-based paint activities normally conducted by certified workers?

No.

Question Number: 23002-33450

Must employees of federal agencies who conduct lead-based paint activities be certified as individuals? Must their agencies be certified as firms? Must federal agencies pay certification fees for individuals and firms?

Yes. TSCA section 408 generally requires federal agencies and their employees to comply with all federal, state, interstate, and local requirements, both substantive and procedural, respecting lead-based paint, lead-based paint activities, and lead-based paint hazards in the same manner and to the same extent as any non-governmental entity is subject to such requirements. The regulations at 40 CFR 745.220(c) specifically state that federal government agencies and their employees must comply with the requirements of 40 CFR part 745, subpart L. This includes payment of certification fees. Therefore, federal employees who conduct lead-based paint activities as defined in 40 CFR 745.223 must be certified as individuals, and federal agencies whose employees conduct lead-based paint activities must be certified as firms. To become certified, these individuals and firms must pay certification fees.

Question Number: 23002-33442

If a person takes abatement supervisor training, is that person qualified to seek certification as an abatement worker?

Yes. The training requirements of abatement supervisors cover the same topics required of abatement workers and there are no additional education or experience requirements for abatement workers. Therefore, a person who successfully completes abatement supervisor training would be qualified to seek certification as an abatement worker.

Question Number: 23002-33451

Must self-employed or one-person businesses that perform lead-based paint activities, such as lead-based paint inspections, risk assessments, or abatements, be certified as firms in addition to being certified as individuals?

Yes. Under 40 CFR 745.226(a)(5), individuals performing lead-based paint activities must be certified, so all self-employed persons must be certified as individuals in the appropriate discipline(s). In addition, the definition of certified firm at 745.223 includes sole proprietorships that perform lead-based paint activities.

The definition of certified firm also includes other business entities that perform lead-based paint activities. This includes all other one-person businesses that would not be considered to be sole proprietorships. Under 745.226(f)(1), all firms performing or offering to perform lead-based paint activities must be certified. Therefore, any person who is self-employed or operating a one-person business which performs or offers to perform lead-based paint activities, must be certified in the appropriate individual disciplines as required by 745.226(a) and must also be certified as a firm under 40 CFR 745.226(f).

Question Number: 23002-36711

Must all persons present on an abatement job site be certified?

No. The regulations at 40 CFR 745.220(b) require that persons engaged in lead-based paint activities defined in 740 CFR 45.223 must be certified. The work practice standards at 40 CFR 745.227 are specific as to which disciplines may perform which lead-based paint activities. However, EPA recognizes that other activities such as interim controls may also be conducted at sites simultaneously with abatement and other lead-based paint activities. Only persons working on abatement job sites who are engaged in activities described as inspections, lead-hazard screens, risk assessments or abatements are required to be certified in the appropriate disciplines. Under 40 CFR 745.226(g)(1), EPA may suspend, revoke, or modify an individual’s certification if an individual has performed work that required certification when appropriate certification had not previously been obtained or failed to comply with the work practice standards at 40 CFR 745.227 or with other appropriate lead-based paint regulations.

Question Number: 23002-33447

Sampling Methods, Standards & Hazard Determinations

Are there any American Society of Testing Materials (ASTM) standards that EPA considers “documented methodologies”?

Yes. ASTM Standards are voluntary consensus standards developed after careful review by technical committees which generally include EPA and HUD staff. ASTM Standards relating to lead often reference EPA and HUD documents, just as EPA and HUD documents often reference appropriate ASTM Standards. Although EPA did not specifically list ASTM Standards by name in its list of documented methodologies at §745.227(a)(3), EPA considers ASTM Standards to be “other equivalent methods”. For example, the ASTM has developed the following standards which apply to collection and analysis lead samples in paint, dust or soil: ASTM E1726, “Standard Practice for Sample Digestion of soils for the Determination of Lead by Atomic Spectrometry.” ASTM E1727, “Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques.” ASTM E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry.” ASTM E1729, “Standard Practice for Field Collection of Dried Paint Samples for Lead Determination by Atomic Spectrometry.” ASTM E1792, “Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.” EPA recognizes that the field is still changing and that new and better technologies and methods are still under development. EPA drafted the regulatory text broadly so as to not limit the use of these future methodologies. Should ASTM develop other relevant standards in the future, EPA would also consider them to be documented methodologies.

Question Number: 23002-33458

Did the final TSCA section 403 rule say who may make a hazard determination?

No. Although the TSCA section 403 rule defines a hazard determination, it did not specify who may make hazard determinations. The TSCA section 403 rule amended the work practice standards in 40 CFR 745.227 by adding 745.227(h) - “Determinations,” which explains what constitutes lead-based paint, a paint-lead hazard, a dust-lead hazard, or a soil-lead hazard. The TSCA section 402 rule, which established the work practice standards in40 CFR 745.227, already requires that a lead hazard screen or risk assessment be conducted by a certified risk assessor (745.227(c)(1) or 745.227(d)(1), respectively) and that post-abatement testing be conducted by a certified inspector or risk assessor (745.227(e)(8)(i)). Therefore, when hazard determinations are made as part of lead hazard screens and risk assessments or when post-abatement testing is conducted, these activities must be done by a certified individual following all of the appropriate work practice standards in 40 CFR 745.227. Likewise, when hazard determinations are made as part of activities under EPA’s RRP Rule, these activities must be done by a certified individual following the appropriate work practices in 40 CFR 745.85. Further, EPA-authorized state programs may have different requirements, including additional requirements for hazard determinations. Therefore, it is important for individuals to review the specific regulations for the states where they will be working. Although EPA does not specify who may make a hazard determination, EPA does specify what constitutes a hazard determination. As part of the final TSCA section 403 rule EPA added 40 CFR 745.227(h) “Determinations” which explains generally how to determine the presence of lead-based paint, paint-lead hazards, dust-lead hazards, and soil-lead hazards. These are the requirements for EPA’s Federal program. EPA-authorized state programs may address hazard determinations differently. When lead-based paint hazards are reported for any purposes, it will always be important to indicate the source of the data so that anyone to whom the information is being provided may consider the accuracy of the data when determining its significance.

Question Number: 23002-33454

The definition of “wipe sample” relies on two very specific American Society of Testing Materials (ASTM) standards. In referencing the ASTM standards, did EPA intend to prevent the use of EPA and HUD standards for wipe samples?

No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive, but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples be taken using documented methodologies that incorporate adequate quality control procedures. At §745.227(a)(3), EPA lists documented methodologies that are appropriate for the work practice standards, including the HUD Guidelines and certain EPA methodologies, and also states that “other equivalent methods” are acceptable. Although the definition of “wipe sample” refers specifically to ASTM standards, EPA does not interpret this as limiting the acceptable standards to those of ASTM. EPA considers the description of wipe materials found in the HUD Guidelines for Evaluation and Control of Lead-Based Paint Hazards in Housing, June1995 edition, at Appendix 13.1, “Wipe Sampling for Settled Lead-Contaminated Dust” and the discussion of wipes on pp. 15-16 of EPA’s document Residential Sampling for Lead: Protocols for Dust and Soil Sampling, March 1995, EPA 747-R-95-001 to be the equivalent of the ASTM standards, and therefore, acceptable for use.

Question Number: 23002-33456

The definition of “soil sample” at 40 CFR §745.63 relies on certain American Society of Testing Materials (ASTM) standards. Did EPA intend to prevent the use of EPA and HUD standards for soil samples?

No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples be taken using documented methodologies that incorporate adequate quality control procedures. At §745.227(a)(3), EPA lists documented methodologies that are appropriate for the work practice standards, including the HUD Guidelines and certain EPA methodologies, and also states that “other equivalent methods” are acceptable. Although the definition of “soil sample” refers specifically to ASTM standards, EPA does not interpret this as limiting the acceptable standards to those of ASTM. EPA considers HUD’s Appendix 13.3: “Soil Sampling: Protocol for Housing,” (“Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing,” June 1995) and EPA’s “Protocol for Collection of Soil Samples for Lead Determination ” (pp. 6-14 of “Residential Sampling for Lead: Protocols for Dust and Soil Sampling, Final Report,” EPA 747-R-95-001, March 1995), to be the equivalent of the ASTM standards, and therefore, acceptable for use.

Question Number: 23002-33457

Do EPA’s current rules require inspectors, risk assessors, lead dust sampling technicians, or any individual who performs lead-based paint and/or lead dust sampling to document any visible lead-based paint deterioration on components and estimate the surface area of deteriorating paint during a lead evaluation?

It depends on the type of evaluation being done. The work practice standards at 40 CFR 745.227 provide instructions for addressing deteriorated lead-based paint during lead hazard screens, risk assessments, and post-abatement activities. Inspections only examine the presence of lead-based paint and do not consider deterioration. Instructions for dust sampling technicians performing optional post-renovation are provided at 40 CFR 745.90.

Question Number: 23002-33455

Regulatory Scope & Jurisdiction

Does TSCA section 402 apply to U.S. military bases, facilities, and installations located outside of the U.S.?

No. EPA does not have authority to regulate environmental conditions in foreign countries. Environmental compliance by Department of War installations overseas is governed by a number of documents. For example, Executive Order 12088, dated October 13, 1978, requires that the heads of government agencies responsible for constructing or operating federal facilities outside of the United States must ensure that the construction or operation of those facilities complies with the environmental laws of the host country or jurisdiction. This general requirement applies to all Department of War installations outside the United States, its territories and possessions. Military facilities may also be subject to treaties or other bilateral or multilateral agreements.

Question Number: 23002-33441

Where Certification & Training Count (e.g., Jurisdictions & Training Providers)

If I complete an EPA-accredited abatement course and receive EPA certification, where am I eligible to work?

EPA runs the federal lead-based paint activities (abatement, inspection and risk assessment) program under Subpart L in all states and Tribes that have not received authorization under Subpart Q to operate their own programs. If you are certified by EPA under the lead-based paint activities program you are eligible to work in all EPA administered jurisdictions. Find the current list of jurisdictions where EPA runs the lead abatement program.

Question Number: 23002-33446

For initial certification, the federal lead-based paint activities program allows individuals to obtain their training through either the federal program or an EPA-authorized state, territory or Tribal program. When applying for recertification in the federal program, what types of accreditation are acceptable for refresher courses?

For the refresher training requirement, an individual can take courses that are accredited by either the federal program or an EPA-authorized state, territory or Tribal program. While the regulatory language regarding recertification does not specify whether “accredited refresher training course” includes courses accredited by EPA-authorized states, territories or Tribes, this interpretation is consistent with the approach taken for initial certification, wherein a valid certificate from an authorized state, territory or Tribal program (see 40 CFR 745.226(a)(1)(ii)) is considered equivalent to a certificate issued by a federally accredited training provider.

Question Number: 23002-33464

Can a training provider that is accredited only in a federal program state teach a course at a location in an authorized state that would lead to certification in the federal program?

The federal program does not restrict the location where federal program training courses can be provided. In other words, a federally-accredited training provider may provide training in any state, and the resultant certification would enable a person to work in all federal program states. However, the federally-accredited training provider must comply with federal lead-based paint program regulations, including the requirement that the training provider list the location of its facilities, including facilities in authorized states, in its original or amended accreditation application. The training provider must also notify EPA before and after conducting the course. These notices must include a valid EPA accreditation number for the lead-based paint activities course being offered. Additionally, if a federally-accredited training provider is planning on providing training at a location in an authorized state, EPA recommends that the training provider confer with the authorized state to determine whether the state allows the advertising or teaching of courses not accredited by that state, requires notification of training, or imposes any other requirements.

Question Number: 23002-33461

Can a training provider that is accredited only in an authorized state teach a course in an out-of-state location that would lead to certification in the authorized state?

Because the training provider is not federally accredited and is not offering a course that would lead to EPA certification, the federal lead-based paint program regulations do not apply. However, EPA recommends that the training provider discuss applicable state program requirements with the authorized state.

Question Number: 23002-33460