Lead abatement program: Training and certification (EPA)

The regulations covering lead-based paint activities, including the scope of the program, accreditation of training programs, certification of individuals and firms, work practice standards, and enforcement and inspections are found at 40 CFR Part 745, Subpart L.

The training and certification requirements contained in the regulation ensure that:

• Lead-based paint professionals are properly trained to conduct lead-based paint activities in residential dwellings and facilities regularly occupied by young children, such as day-care centers and pre-schools;
• Lead-based paint inspections, risk assessments, and abatements are conducted reliably, safely, and effectively; and
• Training providers are accredited and capable of providing quality instruction to lead professionals.

Is it a requirement to remove lead-based paint from houses and day-care centers? No. The regulations at 40 CFR 745 Subpart L specifically say that “nothing in this subpart requires that the owner or occupant undertake any particular lead-based paint activity.” Rather, the program is designed so that individuals or families can select a professional for lead-based paint services with the proper training to perform the work safely, reliably, and effectively.

Who is affected by this rule? Affected parties include:

• Training providers seeking accreditation to provide instruction in the identification, assessment and removal of lead-based paint hazards, and
• Contractors that seek certification to conduct lead-based paint activities.

Consumers will also be affected by the rule because they will gain greater access to professionals who have been trained and certified to safely, effectively, and reliably address lead-based paint hazards.

Subpart L applies only to those individuals, firms and training providers involved in lead-based paint activities and training related to target housing and child-occupied facilities. However, Subpart L does not cover public or commercial buildings (except child-occupied facilities), superstructures, or bridges.

Who has to be certified? The federal lead training and certification program establishes five categories or disciplines of lead-based paint professionals: supervisors, workers, inspectors, risk assessors, and project designers.

An individual who conducts inspection services must either be a certified inspector or a certified risk assessor. An individual who performs risk assessment services must be a certified risk assessor. The certification requirements for abatement activities depend on the type of work the individuals will be performing. For example, workers and supervisors are required to conduct the actual lead abatement work, while inspectors or risk assessors conduct the clearance testing and supervisors or project designers prepare occupant protection plans and abatement reports. States and Indian Tribes that receive authorization to run their own programs may have slightly different certification requirements.

Lead abatement vs. lead renovation, repair, and painting (RRP). Lead-based paint inspection, risk assessment, and abatement services are regulated differently than renovation, repair, and painting jobs, even though, in some cases, the activities are similar.

Lead abatement projects are designed to permanently eliminate existing lead-based paint hazards and may be ordered by a state or local government in response to a lead-poisoning or other reason. Only trained and certified individuals may perform lead abatement.

RRP projects, on the other hand, are typically performed at the option of the property owner for aesthetic or other reasons, or as an interim control to minimize lead issues. They are not designed to permanently address lead-based paint. However, RRP projects can disturb lead-based paint in homes and buildings built before 1978 and cause lead hazards, even when none existed before. Therefore, they are also regulated (but under 40 CFR 745 Subpart E) and require certification.