2.1 Firm Certification vs Individual Certification
Key Takeaways
- After March 1, 2000, a firm that performs or offers to perform any 40 CFR 745.227 lead-based paint activity must hold its own EPA firm certification — a certified supervisor does not certify the company.
- The firm application attests two things: the firm will employ only appropriately certified employees, and the firm and those employees will follow 745.227 work practices; EPA has 90 days to approve or disapprove.
- Lead-based paint activities firm certification and recertification each cost $550 every 3 years; a combined renovation plus LBP-activities firm application is also $550; a tribal firm pays $20.
- A supervisor's individual fee is $410 (initial and recertification), the third-party exam is $70 per attempt, and a replacement identification card or certificate is $15.
- Supervisor certification and firm certification are independent. A certified supervisor working for an uncertified firm is still a TSCA violation, and a certified firm using uncertified people is a separate ground for firm suspension or revocation.
Firm Certification vs Individual Certification
Quick Answer: After March 1, 2000, a company that performs or even offers to perform lead-based paint activities under 40 CFR 745.227 must hold its own EPA firm certification. A certified supervisor does not make the company legal. The firm attests it will hire only certified people and follow 745.227; EPA has 90 days to approve or disapprove. Firm certification and recertification each cost $550 every 3 years ($20 for a tribal firm). Combined renovation-plus-abatement firm applications also cost $550.
Two different pieces of paper have to be in force on an abatement job: the individual certificate (supervisor, worker, inspector, risk assessor, or project designer) and the firm certificate. 40 CFR 745.226 treats them as independent legal requirements. If either one is missing, the project is a TSCA violation even when the workmanship looks perfect.
Why EPA certifies the company, not just the people
A supervisor's card proves that one person completed an accredited course, passed the third-party exam, and met the experience prerequisite. It does not prove that the company will:
- employ only certified workers on every shift
- keep the 3-year records required by 745.227(i)
- file 5-business-day notifications before start
- refuse to send uncertified laborers to "help bag debris"
That is why 745.226(f)(1) requires all firms that perform or offer to perform any of the lead-based paint activities described in 745.227 after March 1, 2000 to be certified by EPA. "Offer to perform" is an exam favorite. Advertising abatement, bidding a HUD job, or signing a contract before the firm certificate arrives still counts. Waiting until the first day of containment is too late.
Individual certification is equally non-negotiable. 745.226(a)(5) makes it a TSCA violation for an individual to conduct any 745.227 activity after March 1, 2000 without being certified. The two rules sit side by side. Passing the supervisor exam does not absorb the firm duty, and paying the firm fee does not absorb the supervisor exam.
Application attestations and the 90-day clock
A firm seeking certification submits an electronic "Application for Firms" and the 745.238 fee. Under 745.226(f)(2), that application attests two things:
- The firm shall only employ appropriately certified employees to conduct lead-based paint activities.
- The firm and its employees shall follow the work practice standards in § 745.227.
From the date EPA receives the electronic application, EPA has 90 days to approve or disapprove (745.226(f)(3)). Approval arrives as a certificate. Disapproval arrives as a letter describing the reasons. The firm must also maintain records under 745.227 (745.226(f)(4)). EPA will not certify a firm that does not remit the fee (745.238(g)).
Appropriately certified is discipline-specific. A certified worker cannot run the job as supervisor. A certified supervisor cannot collect the official post-abatement dust samples — that is inspector or risk assessor work. A firm that staffs the wrong discipline has employed people who are not certified for the task they are actually performing. The attestation is not a promise to "have some certified people around." It is a promise that every person doing a certified activity holds the matching discipline.
The "certified people, uncertified company" trap
Exam items love this fact pattern: a fully certified supervisor and a crew of certified workers start abatement for a painting contractor that never applied for firm certification. Every individual on site has a valid card. The job is still illegal.
Firm certification is an independent duty. A certified supervisor working for an uncertified firm is still a violation. The converse is also a classic item: a certified firm that sends an uncertified laborer to "just set poly" or "just run the HEPA vac" has performed certified work with uncertified individuals — a listed ground for suspending, revoking, or modifying the firm's certificate under 745.226(h)(1)(i).
Treat the two certificates as a pair of locks on the same door. Unlocking one does not unlock the other.
Combined RRP + abatement firm application
Many contractors do both renovation (Subpart E / RRP) and abatement (Subpart L). EPA lets a firm file a combined renovation and lead-based paint activities firm application. The combined fee is still $550 — the same as a stand-alone LBP-activities firm — not $550 plus the $300 renovation-only fee. Recertification of the combined certificate is also $550 every 3 years. A combined tribal firm application is $20.
Do not mix the two programs on the exam:
| Firm type | Initial fee | Recertification fee | Cycle |
|---|---|---|---|
| Renovation (RRP) only | $300 | $300 | 5 years |
| Lead-based paint activities (abatement, inspection, risk assessment) | $550 | $550 | 3 years |
| Combined renovation + LBP activities | $550 | $550 | 3 years |
| Tribal firm (LBP or combined) | $20 | $20 | Same cycle as the certificate type |
| Tribal RRP-only firm | $20 | $20 | 5 years |
The 3-year firm clock is a pay-the-fee recertification cycle under 745.226(f)(7). The firm does not send its owners to an 8-hour refresher. That 3-year firm cycle is not the individual's 3-year versus 5-year recertification clock, and it is not the 6-month interim certificate that follows the initial supervisor course (Chapter 1).
Fees you must know by number
| Item | Amount | When it is paid | Citation |
|---|---|---|---|
| Firm LBP-activities certification | $550 | Initial application | 40 CFR 745.238 |
| Firm LBP-activities recertification | $550 | Every 3 years | 745.226(f)(7), 745.238 |
| Combined renovation + LBP-activities firm | $550 | Initial and every 3 years | 745.238 |
| Tribal firm (LBP or combined) | $20 | Same cycles | 745.238 |
| Individual supervisor certification | $410 | Initial | 745.238 |
| Individual supervisor recertification | $410 | Individual 3- or 5-year cycle | 745.238, 745.226(e) |
| Tribal individual (each discipline) | $10 | Same as the individual cycle | 745.238 |
| Third-party certification exam | $70 | Each attempt | 745.238(c)(2) |
| Replacement ID card or certificate | $15 | Lost or damaged | 745.238(c)(3) |
Worker individual certification is $310; inspector, risk assessor, supervisor, and project designer are $410. Training-program accreditation fees are a different table and belong to the training-provider rules, not this chapter.
Applications and payments for firms and individuals are electronic (745.238(d)). A firm that mails a paper check and waits is not "in process" under the current rule. EPA will not replace an identification card or certificate unless the $15 fee is paid (745.238(g)(2)).
What firm certification does not replace
Firm certification does not:
- substitute for the supervisor's individual certificate or the third-party exam
- allow the firm to skip occupant protection plans, 5-business-day notification, or clearance under 745.227
- cover RRP work unless the firm also holds renovation certification or the combined certificate
- travel automatically into an EPA-authorized state that runs its own firm program — check Subpart Q reciprocity (Chapter 3)
On a project you should be able to produce the firm's current EPA certificate, each person's current individual certificate, and proof of certification at the job site. Working without proof of certification is itself a ground for individual suspension under 745.226(g)(1)(iv), even if the card exists in a truck glove box across town.
Keep the fee numbers attached to the right person. $550 is the firm. $410 is the supervisor. $70 is each exam attempt. $15 is a replacement card. Mixing those four figures is one of the cheapest ways to miss a regulations item.
A certified lead abatement supervisor and a crew of certified workers begin interior abatement for a painting contractor that never applied for EPA firm certification. Which statement is correct?
After EPA receives a complete electronic firm application, how long does EPA have to approve or disapprove the request for certification?
A contractor wants one EPA firm certificate that covers both RRP renovations and lead-based paint abatement activities. What is the combined application fee, and how often must the firm recertify?