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e-CFR data is current as of November 25, 2020

Title 40Chapter ISubchapter RPart 745Subpart L → §745.238


Title 40: Protection of Environment
PART 745—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES
Subpart L—Lead-Based Paint Activities


§745.238   Fees for accreditation and certification of lead-based paint activities.

(a) Purpose. To establish and impose fees for certified individuals and firms engaged in lead-based paint activities and persons operating accredited training programs under section 402(a) of the Toxic Substances Control Act (TSCA).

(b) Persons who must pay fees. Fees in accordance with paragraph (c) of this section must be paid by:

(1) Training programs. (i) All non-exempt training programs applying to EPA for the accreditation and re-accreditation of training programs in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement worker.

(ii) Exemptions. No fee shall be imposed on any training program operated by a State, federally recognized Indian Tribe, local government, or nonprofit organization. This exemption does not apply to the certification of firms or individuals.

(2) Firms and individuals. All firms and individuals seeking certification and re-certification from EPA to engage in lead-based paint activities in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, abatement worker.

(c) Fee amounts—(1) Certification and accreditation fees. Initial and renewal certification and accreditation fees are specified in the following table:

Training ProgramAccreditationRe-accreditation (every 4 years, see 40 CFR 745.225(f)(1) for details)
Initial Course
Inspector   
Risk assessor   
Supervisor   
Worker   
Project Designer   
   
$870
$870
$870
$870
$870
   
$620
$620
$620
$620
$620
Refresher Course
Inspector   
Risk assessor   
Supervisor   
Worker   
Project Designer   
   
$690
$690
$690
$690
$690
   
$580
$580
$580
$580
$580
Lead-based Paint Activities—IndividualCertificationRe-certification (every 3 years, see 40 CFR 745.226(e)(1) for details)
Inspector
Risk assessor
Supervisor
Worker
Project designer
Tribal certification (each discipline)
$410
$410
$410
$310
$410
$10
$410
$410
$410
$310
$410
$10
Lead-based Paint Activities—FirmCertificationRe-certification (every 3 years, see 40 CFR 745.226(f)(7) for details)
Firm$550$550
Combined Renovation and Lead-based Paint Activities Firm Application$550$550
Combined Renovation and Lead-based Paint Activities Tribal Firm Application$20$20
Tribal Firm$20$20

(2) Certification examination fee. Individuals required to take a certification exam in accordance with §745.226 will be assessed a fee of $70 for each exam attempt.

(3) Lost identification card or certificate. A $15 fee shall be charged for replacement of an identification card or certificate. (See replacement procedure in paragraph (e) of this section.)

(4) Accreditation amendment fees. No fee will be charged for accreditation amendments.

(d) Application/payment procedure—(1) Certification and re-certification—(i) Individuals. Submit a completed application (titled “Application for Individuals to Conduct Lead-based Paint Activities”), the materials described at §745.226, and the application fee(s) described in paragraph (c) of this section.

(ii) Firms. Submit a completed application (titled “Application for Firms ”), the materials described at §745.226, and the application fee(s) described in paragraph (c) of this section.

(2) Accreditation and re-accreditation. Submit a completed application (titled “Accreditation Application for Training Programs”), the materials described at §745.225, and the application fee described in paragraph (c) of this section.

(3) Application forms. Application forms and instructions can be obtained from the National Lead Information Center at: 1-800-424-LEAD.

(e) Identification card replacement and certificate replacement. (1) Parties seeking identification card or certificate replacement shall complete the applicable portions of the appropriate application in accordance with the instructions provided. The appropriate applications are:

(i) Individuals. “Application for Individuals to Conduct Lead-based Paint Activities.”

(ii) Firms. “Application for Firms.”

(iii) Training programs. “Accreditation Application for Training Programs.”

(2) Submit application and payment in the amount specified in paragraph (c)(3) of this section in accordance with the instructions provided with the application package.

(f) Adjustment of fees. (1) EPA will collect fees reflecting the costs associated with the administration and enforcement of subpart L of this part with the exception of costs associated with the accreditation of training programs operated by a State, federally recognized Indian Tribe, local government, and nonprofit organization. In order to do this, EPA will periodically adjust the fees to reflect changed economic conditions.

(2) The fees will be evaluated based on the cost to administer and enforce the program, and the number of applicants. New fee schedules will be published in the Federal Register.

(g) Failure to remit a fee. (1) EPA will not provide certification, re-certification, accreditation, or re-accreditation for any individual, firm, or training program which does not remit fees described in paragraph (c) of this section in accordance with the procedures specified in paragraph (d) of this section.

(2) EPA will not replace identification cards or certificates for any individual, firm, or training program which does not remit fees described in paragraph (c) of this section in accordance with the procedures specified in paragraph (e) of this section.

[64 FR 31098, June 9, 1999, as amended at 74 FR 11870, Mar. 20, 2009; 76 FR 47945, Aug. 5, 2011; 81 FR 7996, Feb. 17, 2016]

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