--- kind: "section" citation: "40 C.F.R. § 745.325" title: "40" number: "745.325" heading: "Lead-based paint activities: State and Tribal program requirements." url: "https://uscodex.org/cfr/40/745.325" --- # §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. - (3) **Work practice standards for the conduct of 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. - (b) **Accreditation of training programs.** The State or Indian Tribe must have either: - (1) **Procedures and requirements for the accreditation of training programs that establish—** - (i) **Requirements for the accreditation of training programs, including but not limited to—** - (A) **Training curriculum requirements.** - (B) **Training hour requirements.** - (C) **Hands-on training requirements.** - (D) **Trainee competency and proficiency requirements.** - (E) **Requirements for training program quality control.** - (ii) **Procedures for the re-accreditation of training programs.** - (iii) **Procedures for the oversight of training programs.** - (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: - (1) **Ensure that certified individuals—** - (i) Are trained by an accredited training program; and - (ii) **Possess appropriate education or experience qualifications for certification.** - (2) **Establish procedures for re-certification.** - (3) Require the conduct of lead-based paint activities in accordance with work practice standards established by the State or Indian Tribe. - (4) **Establish procedures for the suspension, revocation, or modification of certifications.** - (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-1), [(d)(2)](#d-2), and [(d)(3)](#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. - (iv) **A report is developed that clearly documents the results of the inspection.** - (v) **Records are retained by the certified inspector or the firm.** - (2) The work practice standards for risk assessment must require that: - (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. - (iii) **Risk assessments consist of, at least—** - (A) An assessment, including a visual inspection, of the physical characteristics of the residential dwelling or child-occupied facility; - (B) Environmental sampling for lead in paint, dust, and soil; - (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)](#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)](#e) of this section. - (iv) The program elements required in paragraph [(d)(2)(iii)(C)](#d-2-iii-C) and [(d)(2)(iii)(D)](#d-2-iii-D) of this section shall be adopted in accordance with the schedule for the demonstration required in [paragraph (e)](#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. - (vi) **The certified risk assessor or the firm retains the appropriate records.** - (3) The work practice standards for abatement must require that: - (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, in the case of dust-lead hazards to below the action levels, 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 sampling and conformance with the action 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. - (v) **The certified abatement contractor or the firm retains appropriate records.** - (e) **Revisions to lead-based paint activities program requirements.** When EPA publishes in the Federal Register revisions to the lead-based paint activities program requirements contained in subpart L of this part: - (1) A State or Tribe with a lead-based paint activities program approved before the effective date of the revisions to the lead-based paint activities program requirements in [subpart L](/cfr/40/subpartL.md) of this part must demonstrate that it meets the requirements of this section in a report that it submits pursuant to [§ 745.324(h)](/cfr/40/745.324.md?p=h) but no later than two years after the effective date of the revisions. - (2) A State or Tribe with an application for approval of a lead-based paint activities program submitted but not approved before the effective date of the revisions to the lead-based paint activities program requirements in [subpart L](/cfr/40/subpartL.md) of this part must demonstrate that it meets the requirements of this section either by amending its application or in a report that it submits pursuant to [§ 745.324(h)](/cfr/40/745.324.md?p=h) but no later than two years after the effective date of the revisions. - (3) A State or Tribe submitting its application for approval of a lead-based paint activities program on or after the effective date of the revisions must demonstrate in its application that it meets the requirements of the new lead-based paint activities program requirements in subpart L of this part. ## Notes ### Amendments [61 FR 45825, Aug. 29, 1996, as amended at 66 FR 1240, Jan. 5, 2001; 84 FR 32648, July 9, 2019; 89 FR 89461, Nov. 12, 2024] ### Source Source: 61 FR 45825, 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 [61 FR 45825, Aug. 29, 1996, as amended at 66 FR 1240, Jan. 5, 2001; 84 FR 32648, July 9, 2019; 89 FR 89461, Nov. 12, 2024]