Fact Sheet for the Fee Rule
EPA issued a rule to address fees for its lead-based paint programs. The rule addresses two areas: first, it modifies and lowers the existing fees for EPA's Lead-based Paint Activities regulations that govern lead abatement, inspection and risk assessment activities; second it establishes fees to cover costs of administering the 2008 Lead Renovation, Repair and Painting rule.
Who is affected by the rule?
This rule establishes fees that will be charged for training programs seeking accreditation, for firms engaged in renovations seeking certification, and for individuals (for example, risk assessors) or firms engaged in lead-based paint activities that govern lead abatement, inspection and risk assessment activities.
Would the rule apply nationwide?
The rule applies only in those states and tribes without their own authorized lead programs. Currently, EPA implements the Lead-based Paint Activities program in 11 states and the Lead Renovation, Repair, and Painting rule in 38 states.
Why does EPA charge fees for accreditations and certifications?
As specified in the Toxic Substances Control Act (TSCA), EPA must establish and implement a fee schedule to recover to the U.S. Treasury the Agency's costs of administering and enforcing the standards and requirements applicable to lead-based paint training programs and contractors.
What costs does EPA incur that must be recovered by the fees?
The fees will recover EPA's costs for processing applications, enforcing program requirements, and administrative activities such as maintenance of the central database and administering certification examinations.
Is anyone exempt from paying fees?
Yes. TSCA section 402(a)(3) exempts state, local government, and non-profit training programs from federal accreditation fees. However, it does not provide an exemption for the certification fees of firms or individuals.
The original fees for the Lead-based Paint Activities program (the lead abatement program) were established in 1999. How much have the fees changed for the Lead-based Paint Activities program?
Despite inflation that has increased the cost of government labor by 35 to 40 percent since the original fees were set in 1999, the fees in the rule have declined slightly in comparison to the original fees. This decrease becomes significant when inflation is taken into account.
Why have the fees for Lead-based Paint Activities program decreased since they were first implemented in 1999?
Since 1999, EPA has made substantial changes in the way it administers its accreditation and certification program. The transition to the automated federal Lead-based Paint Program (FLPP) database and the associated centralized data processing has resulted in lower overall costs of the program.
Why did some of the fees for lead-based paint activities drop significantly while others changed only slightly?
The fees in the rule reflect the cost to the Agency of accreditations and certifications. EPA developed the original fees before it had experience administering a lead-based paint accreditation and certification program. That is no longer the case. The Agency used almost a decade of information to develop the revised fees.
Where can I get more information?