40 CFR 745.88 - Recognized test kits.

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There is 1 rule appearing in the Federal Register for 40 CFR Part 745. View below or at eCFR (GPOAccess)
§ 745.88 Recognized test kits.
(a) Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of Standards and Technology research to meet the negative response criteria described in paragraph (c)(1) of this section. This recognition will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria in paragraph (c) of this section.
(b) No other test kits will be recognized until they are tested through EPA's Environmental Technology Verification Program or other equivalent EPA approved testing program.
(1) Effective September 1, 2008, to initiate the testing process, a test kit manufacturer must submit a sufficient number of kits, along with the instructions for using the kits, to EPA. The test kit manufacturer should first visit the following website for information on where to apply: http://www.epa.gov/etv/howtoapply.html.
(2) After the kit has been tested through the Environmental Technology Verification Program or other equivalent approved EPA testing program, EPA will review the report to determine whether the required criteria have been met.
(3) Before September 1, 2010, test kits must meet only the negative response criteria in paragraph (c)(1) of this section. The recognition of kits that meet only this criteria will last until EPA publicizes its recognition of the first test kits that meets both of the criteria in paragraph (c) of this section.
(4) After September 1, 2010, test kits must meet both of the criteria in paragraph (c) of this section.
(5) If the report demonstrates that the kit meets the required criteria, EPA will issue a notice of recognition to the kit manufacturer, provide them with the report, and post the information on EPA's website.
(6) If the report demonstrates that the kit does not meet the required criteria, EPA will notify the kit manufacturer and provide them with the report.
(c) Response criteria
(1) Negative response criteria. For paint containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a negative response less than or equal to 5% of the time.
(2) Positive response criteria. For paint containing lead below the regulated level, 1.0 mg/cm2 or 0.5% by weight, a demonstrated probability (with 95% confidence) of a positive response less than or equal to 10% of the time.
[73 FR 21763, Apr. 22, 2008]

Title 40 published on 2014-07-01.

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2015-04-16; vol. 80 # 73 - Thursday, April 16, 2015
    1. 80 FR 20444 - Lead-Based Paint Programs; Extension of Renovator Certifications
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final rule is effective on April 16, 2015.
      40 CFR Part 745

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 745 after this date.

  • 2015-06-04; vol. 80 # 107 - Thursday, June 4, 2015
    1. 80 FR 31871 - Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Utah; Notice of Self-Certification Program Authorization
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      ENVIRONMENTAL PROTECTION AGENCY
      Self-certification program authorization; request for comments and opportunity for public hearing.
      Comments, identified by docket identification (ID) number EPA-R08-OPPT-2015-0044, must be received on or before July 20, 2015. In addition, a public hearing request must be submitted on or before June 19, 2015.
      40 CFR Part 745