---
kind: "section"
citation: "40 C.F.R. § 745.238"
title: "40"
number: "745.238"
heading: "Fees for accreditation and certification of lead-based paint activities."
url: "https://uscodex.org/cfr/40/745.238"
---

# §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)](#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:
  - (2) **Certification examination fee.** Individuals required to take a certification exam in accordance with [§ 745.226](/cfr/40/745.226.md) 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)](#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 electronically (titled “Application for Individuals to Conduct Lead-based Paint Activities”), the materials described at [§ 745.226](/cfr/40/745.226.md), and the application fee(s) described in [paragraph (c)](#c) of this section.
    - (ii) **Firms.** Submit a completed application electronically (titled “Application for Firms”), the materials described at [§ 745.226](/cfr/40/745.226.md), and the application fee(s) described in [paragraph (c)](#c) of this section.
  - (2) **Accreditation and re-accreditation.** Submit a completed application electronically (titled “Accreditation Application for Training Programs”), the materials described at [§ 745.225](/cfr/40/745.225.md), and the application fee described in [paragraph (c)](#c) of this section.
- (e) **Identification card replacement and certificate replacement.**
  - (1) Parties seeking identification card or certificate replacement shall electronically 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 electronically in the amount specified in [paragraph (c)(3)](#c-3) of this section in accordance with the instructions.
- (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)](#c) of this section in accordance with the procedures specified in [paragraph (d)](#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)](#c) of this section in accordance with the procedures specified in [paragraph (e)](#e) of this section.

## Notes

### Amendments

[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; 89 FR 89461, Nov. 12, 2024]

### Source

Source: 61 FR 45813, Aug. 29, 1996, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

### Source

Source: 61 FR 9085, Mar. 6, 1996, unless otherwise noted.

### Amendments

[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; 89 FR 89461, Nov. 12, 2024]