B. Federal Lead-Based Paint Enforcement Bench Book - National ...

• Provisions for re-accreditation (every four years) 222 ; and
• Provisions for the suspension, revocation, and modification of accreditation. 223
The RRP Rule amends the LBP Activities Rule’s accreditation provisions to establish two new disciplines:
renovator, and dust sampling technician (DST). 224
• As of June 23, 2008, a training program “must not provide, offer, or claim to provide” training courses
for EPA certification as a renovator or DST unless accredited. 225
• Training programs may apply for accreditation starting April 22, 2009. 226
Training providers seeking accreditation as renovator and DST trainers must do the following (in addition to
meeting the other requirements under the LBP Activities Rule):
• Ensure that courses cover the requisite curriculum for these new disciplines, including the
responsibilities and methodologies for each;
• Provide that initial courses last a minimum of eight hours (including two hours for hands-on training),
and that refresher courses last a minimum of four hours; and
• Notify EPA (or the State/Tribe) of individuals who complete training (since individual certification is
accomplished through successful completion of accredited training rather than by application to EPA or
a State/Tribe). 227
6. Recordkeeping and Notification
The LBP Activities Rule establishes recordkeeping requirements for firms and individuals, 228 and training
programs. 229 Also, the rule requires notification to EPA:
• A training provider must notify EPA prior to, and upon completion of, a training course. 230 (EPA
inspectors audit training courses.)
• A certified firm must notify EPA prior to conducting LBP activities. 231
7. Enforcement
In addition to the general proscriptions under TSCA, the LBP Activities Rule makes it unlawful to:
• Obtain certification “through fraudulent representation”;
• Fail to obtain EPA certification and perform work “requiring certification at a job site”; or
• “Fraudulently obtain certification” and engage in LBP activities for which certification is required. 232
221 40 C.F.R. § 745.225(i).
222 40 C.F.R. § 745.225(e).
223 40 C.F.R. § 745.225(f)-(h).
224 See Part III.F, below.
225 40 C.F.R. § 745.81(a)(1), § 745.225(a)(3).
226 40 C.F.R. § 745.225(a)(1)-(2). A training provider might be able to apply earlier if the State/Tribal jurisdiction in which
it seeks to operate has an EPA-authorized accreditation program in place before April 22, 2009.
227 40 C.F.R. § 745.225. 73 Fed. Reg. 21692, 21726-21728, supra note 160.
228 See 40 C.F.R. § 745.226(f)(4), referring to id. § 745.227(i).
229 40 C.F.R. § 745.225(i).
230 40 C.F.R. § 745.225(c)(13-(14). See also 69 Fed. Reg. 18489 (Apr. 8, 2004)(final notification rule).
231 40 C.F.R. § 745.227(e)(4).
232 40 C.F.R. § 745.235(d).
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 31