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Interpretive Guidance for The Federal Program TSCA Sections 402/403
IntroductionWhat this Interpretive Guidance is
How the Guidance is organized
Where to start
How to keep track of the Guidance
How the Guidance was developed
Go directly to the list of Q/A documents
What this Interpretive Guidance is
This Interpretive Guidance has been developed to assist people in understanding and complying with the requirements of 40 CFR Part 745 Subpart D (§§745.61-745.65) and Subpart L (§§745.220-745.239) as they apply in those states and Indian tribes that do not have an authorized state or tribal program. To determine whether a state or tribe has been authorized to run its own program, refer to the Status of EPA 402/404 Programs (PDF) (1 pp, 67K, about PDF) or contact the National Lead Information Center (NLIC).
How the Interpretive Guidance is organized
To assist you in finding questions of interest, the Interpretive Guidance documents are presented in numerical order as well as by the following subjects:
Scope and Applicability (§745.220)
Definitions (§745.223)
Accreditation (§745.225)
Certification (§745.226)
Work Practice Standards (§745.227)
Fees (§745.238)
403 Rule (§§745.61-745.65, 745.223, 745.227)
The numerical list of Q/A Documents includes all Q/A documents currently available on this web site and the date they were completed. The other lists are subsets of the numerical list and are based on the portions of the regulatory text requirements that have resulted in questions. Each Q/A document may be downloaded individually by clicking on the Q/A document title, as noted. In each document the questions and answers are preceded by the relevant regulatory text.
Where to start
There are two different approaches that you may wish to use to look at the questions: (a) start with one of the topical categories, or (b) start with the numerical list.
(a) Start with one of the topic lists
1. If you have a question about whether the regulations apply to you or your company, start with the list entitled "Scope and Applicability, §745.220."
2. If you have a question about the definition of a term, start with the list entitled "Definitions, §745.223."
3. If you have a question about training provider accreditation, start with the list entitled "Accreditation, §745.225."
4. If you have a question about individual or firm certification, start with the list entitled "Certification, §745.226."
5. If you have a question about work practice standards for lead-based paint activities, start with the list entitled "Work Practice Standards, §745.227."
6. If you have a question about fees, start with the list entitled "Fees, §745.238."
7. If you have a question about the TSCA section 403 hazard and clearance standards, start with the list entitled "403 Rule, §§745.61-745.65, 745.223, 745.227."
8. If you have a question about authorization of state and tribal programs, check to see if a separate "Interpretive Guidance for Program Authorization" has been developed. If not, you may wish to contact the NLIC.
Example: If you want to know if any questions about certification of firms have been developed, go to the list entitled "Certification" and find the heading §745.226(f) "Certification of firms." Under that heading would be listed any Q/As that apply to firm certification. Click on each Q/A document of interest to view it and download it.
(b) Start with the numerical list
The numerical list of Q/A documents is a running list of the Q/As that are numbered in the order that they are added to the Guidance. EPA will add new Q/As as new questions are presented and answers are completed. Instead of starting with a regulatory text category, you may wish to see what specific topics have been addressed generally or you may wish to look at the most recently added questions. The highest numbers at the end of the list are the newest Q/As. The dates that the documents are completed are included in the list so that you can easily spot new ones. The addition of new Q/As will also be noted on the "What's New" page.
How to keep track of the guidance
EPA has designed this process so that the Agency can add Q/A documents as they are completed. Therefore, you may wish to check back periodically to see if additional Q/As have been added. Because the Q/As will be dated, you can keep track of when they have been added to the list. If you have received this document in hard copy and do not have regular access to the Internet, you may call the NLIC at 1-800-424-LEAD to find out what recent Q/As have been added and to request hard copies. EPA staff will keep both electronic copies and hard copies in notebooks for easy access when answering questions about the rule. If you keep hard copies of these documents, you may also wish to assemble your own notebook for use in complying with the regulations.
How the Interpretive Guidance Q's/A's are developed
This document includes questions and answers representing EPA's interpretation of issues under TSCA sections 402 and 403 for the federal program being operated in states and Indian tribes that have not received authorization to operate their own programs. Should the need arise, a separate 404 Interpretive Guidance document may be developed to address issues relating to the authorization of state and tribal programs. These questions and answers are not new rules. They provide additional clarifications and explanations of the regulatory text to help people determine whether they are subject to the regulations and how to comply if they are. Most of the questions and answers were developed as a result of questions that EPA received from the public. All answers are developed by a work group consisting of staff from EPA Headquarters and EPA regional offices. If you have an additional question that you think should be added, contact the National Lead Information Center.