Thursday, February 18, 2016

EPA Removes Multiple Jurisdiction Certifications and Fees For Those Performing Lead-Based Paint Activities

The EPA recently announced that it is removing the addition registration and fee requirements for contractors and individuals who perform lead based paint (LBP) activities, such as lead abatement and lead inspection, when working in states where the EPA administers the program.

Previously, multiple jurisdictions existed which required contractors to register and pay additional fees for each state or jurisdiction that they worked in. Now with the revised ruling, they will be able to work in any EPA-regulated region under a single certification and fee. EPA currently regulates LBP activities in the following states: AK, AZ, FL, ID, MT, NV, NM, NY, SC, SD or WY.

More from the EPA's final ruling, published February 17, 2016:
On June 9, 1999, 40 CFR part 745, subpart L, was amended to include a fee schedule for training programs seeking EPA accreditation and for individuals and firms seeking EPA certification (Ref. 5). These fees were established as directed by TSCA section 402(a)(3), which requires EPA to recover the cost of administering and enforcing the LBP Activities requirements in States without authorized programs. 
The fee schedule created a multi-jurisdiction registration fee which applies to individuals, firms and training programs that provide training or perform lead-based paint activities in more than one State administered by the EPA program. This fee is applied per discipline for each additional EPA-administered State in which the applicant seeks certification/recertification or accreditation/reaccreditation. An EPA-administered jurisdiction is either an individual State without an authorized program or all Tribes without authorized programs in a given EPA Region.

The multi-state jurisdiction fee of $35 was based on the estimated burdens required for Agency clerical, technical, and managerial staff to perform tasks associated with adding jurisdictions to a certification or accreditation. Tasks include entering the information into a database, approving or disapproving the application and generating and mailing a certificate to the applicant. 
After years of implementing the LBP Activities Program, the Agency believes that separate certifications for each EPA-administered State jurisdiction are not necessary. In particular, EPA does not believe it is necessary for the Agency to certify or accredit the same applicant multiple times; certification in one EPA-administered State jurisdiction should be sufficient to perform work in any other EPA-administered State. Accordingly, the Agency is eliminating the requirement for separate certifications in each EPA-administered State jurisdiction in the LBP Activities Program. 
Regulated entities will no longer have to send an application and fees to EPA for the purpose of adding additional EPA-administered State jurisdictions to their certification or accreditation. Now when a regulated entity applies to EPA and receives certification in the LBP Activities Program, they will be able to work in any EPA-administered State.

EPA received many comments on its proposal to remove jurisdictions from the LBP Activities Program. Most comments were in support of eliminating jurisdictions. Commenters who opposed the proposed removal were confused about what EPA was proposing, believing that the Agency was going to change the requirements for States to become authorized to implement the LBP Activities Program. The Agency is not changing the State authorization requirements, nor did it propose to do so. EPA is promulgating the revisions as proposed by eliminating jurisdictions in the LBP Activities Program administered by EPA.

Now that jurisdictions in EPA's LBP Activities Program have been removed, firms, individuals and training providers will receive one certificate that will allow them to work in all EPA-administered States instead of one certificate per State. Certificates issued before this final rule are still valid until their expiration and regulated entities will not need their certificates replaced because of this rule. In addition, a previous certification in a single EPA-administered jurisdiction allows firms, individuals and training providers to perform lead-based paint activities in all EPA-administered jurisdictions until the expiration of that certification.

You can view the full EPA final ruling at http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0304-0162


Useful links:

Lead-Based Paint Activities - Training
Lead Abatement vs. Lead Renovations

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