Renovator training commenters

Calculating the amount of painted surface disturbed in the manner that the commenters suggested would also complicate the rule and be more difficult to convey during the renovator training course. In response to these comments, EPA has inserted clarifying language on this into the text of the definition of minor repair and maintenance activities at 40 CFR 745.83. 

Commenters raised concerns and had suggestions regarding how certified renovator training should be conducted in three broad areas course length course content and format and training of non-English speaking renovators. 

One commenter asked about the availability of the cleaning verification card, specifically, who would produce them, where would they be available, and how often do they need to be replaced. EPA intends to produce the cleaning verification cards and to make them available at accredited renovator training courses and on request from the National Lead Information Center. Several commenters argued that a third party should perform cleaning verification (or visual inspection, in the case of exterior jobs) rather than the certified renovator. 

EPA received a number of comments on this aspect of the 2006 Proposal. Several recognized the need for such an exception, but most of the commenters were concerned that the language of the proposal would make it possible for renovation firms to circumvent the training, certification, and work practice... 

Some commenters agreed that OJT by a certified renovator is sufficient for training workers. One commenter stated that as long as a specific person is designated to oversee the job, there is no need for all workers onsite to have formal training. The commenter noted the similarity between this approach and OSHA s competent person standard. EPA agrees that there are some similarities between the approach in this final rule and OSHA s competent person standard. 

However, the majority of commenters had concerns about the use of OJT to train workers. Many argued that OJT is insufficient for providing workers with the necessary skills and thought renovation workers should receive formal Lead-Safe Work Practices (LSWP) training such as a 1-day course equivalent to that required for certified renovators. Some of these commenters also thought that workers should be certified or licensed. 

Several commenters thought that workers would not receive adequate OJT because the certified renovator was not qualified to train others. They noted that the certified renovators are renovators, not professional trainers, and do not necessarily have the skills necessary for teaching others. 

After consideration of these commenters concerns, EPA has concluded that OJT is sufficient for training some renovation employees. The work practice standards of this final rule are not complex or difficult to institute, and those activities critical to ensuring the lead-safe outcome of the project are either conducted by certified renovators or directed by certified renovators. The remainder of the project is often just the renovation itself, and EPA was careful when developing these final work practices to minimize the effect on the way typical renovations are conducted. With the exception of the prohibition of certain unsafe practices, renovation methods are unaffected by this rule. For example, the work practices of this final rule do not affect the method a firm would employ to replace a window. 

One commenter agreed with the proposed 4-hour course, two commenters thought a 4-hour course was too short, and one thought that instead of completing a refresher, certified renovators should be required to retake the initial training course every 2 to 3 years. One commenter stated that a certified renovator should have the opportunity to take a third-party test and allow the renovator to test out of having to complete the refresher course. 

Some commenters questioned the need for firm certification, while others, including industry representatives, supported it. The agency believes that firm certification is necessary for several reasons. First, certification is an important tool for the agency s enforcement program. To become certified, a firm acknowledges its responsibility to use appropriately trained and certified employees and follow the work practice standards set forth in the final rule. This is especially important under this final rule, since the certified renovator is not required to perform or be present during all of the renovation activities. Under these circumstances, it is important for the firm to acknowledge... 

In response to the comment that the Disposable Cleaning Cloth Study used professional inspectors or other highly trained individuals following specified protocols, EPA intends to include cleaning verification in its training course for renovators and will use the results of the Dust Study and the agency s observations on the experience of the contractors in the study in its development of this course. 

One state commenter disagreed with EPA s proposed approach and requested that EPA authorize state, territorial, or tribal programs that incorporate only the training, certification, accreditation, and work practices of this final rnle becanse TSCA section 404 allows states to administer and enforce the standards, regulations, or other reqnirements established under TSCA section 402 or TSCA section 406, or both. EPA agrees with this commenter s reading of TSCA. Therefore, this final rule provides for the authorization of state, territorial, or tribal programs that inclnde either the pre-renovation edncation... 

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