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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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How will an EPA regional office determine whether a permitted activity impacts a potential overburdened community? What screening tool or process will EPA regional offices use to screen permit applications?
The Agency has developed a nationally consistent screening tool to help identify communities that are potentially overburdened. This tool, known as EJSCREEN, is one of several tools being developed under Plan EJ 2014. EPA anticipates that its regional offices will use EJSCREEN and other readily available information, including known community…
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Some of the Promising Practices are mentioned in EPA regulations, guidance and recommendations that EPA has issued in the past. So why is EPA issuing the Promising Practices?
EPA is issuing Promising Practices to encourage permit applicants to strategically plan and conduct enhanced outreach to overburdened communities in the permitting process. As some commenters noted, EPA has recommended some of the outreach strategies included in Promising Practices previously. Nevertheless, EPA believes that it is important to issue Promising…
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Where can I get more information or copies of the lead-based paint abatement application forms and instructions?
Answer: Information regarding certification under EPA’s lead-based paint abatement program is available at https://www.epa.gov/lead/lead-based-paint-abatement-and-evaluation-program-overview . Question Number: 23002-32438 Find a printable PDF copy of all frequent questions pertaining to lead .
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When must I take refresher training?
You must take refresher training before you apply for recertification to EPA. You should begin looking for available courses well before your current certification expires, because refresher courses may not be available in your area on a frequent basis. However, EPA recommends that you take your refresher training no earlier…
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When do persons applying for certification as inspectors, risk assessors, or supervisors apply to EPA, before or after taking the 3rd party exam?
Answer: Persons applying for certification as inspectors, risk assessors, and/or supervisors must apply to EPA before taking the 3rd party certification exam. For more information about applying for certification as a lead-based paint abatement professional please refer to EPA’s Lead-based Paint Professionals page . Question Number: 23002-33448 Find a printable…
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When individuals apply for certification in the Federal program under 40 C.F.R. 745.226(a)(1)(i), how long will the certification last?
Answer : For individuals who have taken courses which included a course test and a hands-on skills assessment, the full certification period for individuals applying under 745.226(a)(1)(i) will run for three years from the date of issuance of certification by EPA. For individuals who have taken courses which included a…
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The definition of “soil sample” at 40 CFR §745.63 relies on certain American Society of Testing Materials (ASTM) standards. Did EPA intend to prevent the use of EPA and HUD standards for soil samples?
Answer: No. In establishing work practice standards for lead-based paint activities, EPA did not intend to prevent the use of EPA/HUD standards. As a general matter, the requirements are not prescriptive but instead state that certain activities be conducted using appropriate documented methodologies. For example, §745.227(c)(3) requires that dust samples…
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Are permit applicants required to adopt the Promising Practices?
EPA is not requiring permit applicants to adopt the Promising Practices. Promising Practices are simply that: good ideas in the form of suggestions to permit applicants. Permit applicants may benefit from applying these Promising Practices. EPA hopes that when permit applicants practice early and meaningful dialogue with the community, they…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Do EPA Actions or the Promising Practices in the Federal Register notice apply to permits that are issued by state, tribal, or local permitting authorities, or just permits that are issued by EPA?
EPA Actions and Promising Practices apply only to permits that are issued by EPA. It does not apply to permits issued by state, tribal or local governments under authority delegated by EPA. By addressing environmental justice in its permits, EPA is leading by example among federal departments and agencies. EPA…
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If permit applicants are not required to adopt the Promising Practices, why should a permit applicant adopt them?
EPA hopes that the practices described will persuade those who are new to these ideas to experiment with this form of leadership. Indeed, engaging with their communities as described in Promising Practices is consistent with many permit applicants’ core values. These principles, practices and values lead to corporate sustainability, stability…
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Are tribal and indigenous communities within the definition of overburdened communities?
Tribal and indigenous communities are included in EPA’s definition of overburdened communities under Plan EJ 2014. For nearly thirty years, EPA has worked with federally recognized tribal governments on a government‐to‐government basis as sovereigns, partners, and co‐regulators. EPA has also worked with indigenous communities to address their environmental and health…
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Does EPA Actions apply to permits that are jointly issued by EPA and a state, tribal, or local permitting authority with partially delegated permitting authority?
EPA regional offices will decide whether a permit that EPA jointly issues with a state, tribal, or local permitting authority should be considered for prioritization for enhanced outreach as described in EPA Actions on a case‐by‐case basis. EPA will take into account its role and authority in issuing the specific…
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Why doesn’t EPA do enhanced outreach for every permit?
Robust public outreach and engagement can consume a substantial amount of resources from all stakeholders in a permitting process and would not be warranted for every permit action. EPA recognizes that its regional offices cannot enhance engagement for every EPA‐issued permit and that overburdened communities might be overwhelmed with process…
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