745.325—Lead-based paint activities: State and Tribal program requirements.
(a) Program elements.
To receive authorization from EPA, a State or Tribal program must contain at least the following program elements for lead-based paint activities:
(1)
Procedures and requirements for the accreditation of lead-based paint activities training programs.
(2)
Procedures and requirements for the certification of individuals engaged in lead-based paint activities.
(4)
Requirements that all lead-based paint activities be conducted by appropriately certified contractors.
(5)
Development of the appropriate infrastructure or government capacity to effectively carry out a State or Tribal program.
(iv)
Procedures for the suspension, revocation, or modification of training program accreditations; or
(2)
Procedures or regulations, for the purposes of certification, for the acceptance of training offered by an accredited training provider in a State or Tribe authorized by EPA.
(c) Certification of individuals.
The State or Indian Tribe must have requirements for the certification of individuals that:
(3)
Require the conduct of lead-based paint activities in accordance with work practice standards established by the State or Indian Tribe.
(5)
Establish requirements and procedures for the administration of a third-party certification exam.
(d) Work practice standards for the conduct of lead-based paint activities.
The State or Indian Tribe must have requirements or standards that ensure that lead-based paint activities are conducted reliably, effectively, and safely. At a minimum the State's or Indian Tribe's work practice standards for conducting inspections, risk assessments, and abatements must contain the requirements specified in paragraphs (d)(1), (d)(2), and (d)(3) of this section.
(1)
The work practice standards for the inspection for the presence of lead-based paint must require that:
(i)
Inspections are conducted only by individuals certified by the appropriate State or Tribal authority to conduct inspections.
(ii)
Inspections are conducted in a way that identifies the presence of lead-based paint on painted surfaces within the interior or on the exterior of a residential dwelling or child-occupied facility.
(iii)
Inspections are conducted in a way that uses documented methodologies that incorporate adequate quality control procedures.
(i)
Risk assessments are conducted only by individuals certified by the appropriate State or Tribal authority to conduct risk assessments.
(ii)
Risk assessments are conducted in a way that identifies and reports the presence of lead-based paint hazards.
(A)
An assessment, including a visual inspection, of the physical characteristics of the residential dwelling or child-occupied facility;
(C)
Environmental sampling requirements for lead in paint, dust, and soil that allow for comparison to the standards for lead-based paint hazards established or revised by the State or Indian Tribe pursuant to paragraph (e) of this section; and
(D)
A determination of the presence of lead-based paint hazards made by comparing the results of visual inspection and environmental sampling to the standards for lead-based paint hazards established or revised by the State or Indian Tribe pursuant to paragraph (e) of this section.
(iv)
The program elements required in paragraph (d)(2)(iii)(C) and (d)(2)(iii)(D) of this section shall be adopted in accordance with the schedule for the demonstration required in paragraph (e) of this section.
(v)
The risk assessor develops a report that clearly presents the results of the assessment and recommendations for the control or elimination of all identified hazards.
(i)
Abatements are conducted only by individuals certified by the appropriate State or Tribal authority to conduct or supervise abatements.
(ii)
Abatements permanently eliminate lead-based paint hazards and are conducted in a way that does not increase the hazards of lead-based paint to the occupants of the dwelling or child-occupied facility.
(iii)
Abatements include post-abatement lead in dust clearance sampling and conformance with clearance levels established or adopted by the State or Indian Tribe.
(iv)
The abatement contractor develops a report that describes areas of the residential dwelling or child-occupied facility abated and the techniques employed.
(e)
The State or Indian Tribe must demonstrate that it has standards for identifying lead-based paint hazards and clearance standards for dust, that are at least as protective as the standards in § 745.227 as amended on February 5, 2001. A State or Indian Tribe with such a section 402 program approved before February 5, 2003 shall make this demonstration no later than the first report submitted pursuant to § 745.324(h) on or after February 5, 2003. A State or Indian Tribe with such a program submitted but not approved before February 5, 2003 may make this demonstration by amending its application or in its first report submitted pursuant to § 745.324(h). A State or Indian Tribe submitting its program on or after February 5, 2003 shall make this demonstration in its application.