§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:

               Certification and Accreditation Fee Levels
------------------------------------------------------------------------
                                                       Re-accreditation
                                                         \1\ [every 4
        Training Program           Accreditation \1\   years, see 40 CFR
                                                       745.225(f)(1) for
                                                           details]
------------------------------------------------------------------------
Initial Course
  Inspector                       $2,500              $1,600
  Risk assessor                   $1,760              $1,150
  Supervisor                      $3,250              $2,050
  Worker                          $1,760              $1,150
  Project designer                $1,010              $710
------------------------------------------------------------------------
Refresher Course
  Inspector                       $1,010              $710
  Risk assessor                   $1,010              $710
  Supervisor                      $1,010              $710
  Worker                          $1,010              $710
  Project designer                $640                $490
------------------------------------------------------------------------

------------------------------------------------------------------------
                                                       Re-certification
                                                       \1\ [every 3 or 5
  Lead-based Paint Activities-     Certification \1\   years, see 40 CFR
           Individual                                  745.226(e)(1) for
                                                           details]
------------------------------------------------------------------------
Inspector                         $400                $350
Risk assessor                     $520                $420
Supervisor                        $470                $390
Worker                            $280                $240
Project designer                  $470                $390
------------------------------------------------------------------------

------------------------------------------------------------------------
                                                         Certification
                                                      Renewal \1\ [every
Lead-based Paint Activities-Firm   Certification \1\    3 years, see 40
                                                       CFR 745.226(f)(7)
                                                         for details]
------------------------------------------------------------------------
Firm                              $540                $430
------------------------------------------------------------------------
\1\ Fees will be adjusted periodically based on adjustments accounting
  for changes in participation and operating costs.

(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) Multi-jurisdiction registration fee. An individual, firm, or training program certified or accredited by EPA may wish to provide training or perform lead-based paint activities in additional EPA-administered jurisdictions. A fee of $35 per discipline will be assessed for each additional EPA-administered jurisdiction in which an individual, firm, or training program applies for certification/re-certification or accreditation/re-accreditation. For purposes of this multi-jurisdiction registration fee, an EPA-administered jurisdiction is either an individual state without an authorized program or all Indian Tribes without authorized programs that are within a given EPA Region.

(4) 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.)

(d) Application/payment procedure -- (1) Certification and re-certification in one or more EPA-administered jurisdiction -- (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 to Conduct Lead-based Paint Activities"), the materials described at §745.226, and the application fee(s) described in paragraph (c) of this section.

(2) Accreditation and re-accreditation in one or more EPA-administered jurisdiction. 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 to Conduct Lead-based Paint Activities."

(iii) Training programs. "Accreditation Application for Training Programs."

(2) Submit application and payment in the amount specified in paragraph (c)(4) 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]