1669-06-icr

1669-06-icr.doc

Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b)

OMB: 2070-0158

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 2070-0158 can be found here:

2015-04-28 - Extension without change of a currently approved collection

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Supporting Statement for a Request for OMB Review under

The Paperwork Reduction Act

IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

Title: Lead-Based Paint Pre-Renovation Information Dissemination –

TSCA Sec. 406(b)

EPA ICR No.: 1669.06 OMB Control No.: 2070-0158

1(b) Short Characterization

Section 406(b) of Title IV of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2686) requires the U.S. Environmental Protection Agency (EPA) to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet (developed under section 406(a) of TSCA) to the owner and occupant of such housing no more than 60-days prior to commencing the renovation. Section 401 of TSCA defines target housing as any housing constructed before 1978 except housing for the elderly or disabled or 0-bedroom dwellings. Those who fail to provide the pamphlet, as required, may be subject to both civil and criminal sanctions under section 16 of TSCA.

Pursuant to Title IV of TSCA, EPA promulgated regulations applicable to all renovations of target housing or child-occupied facilities (COFs) performed for compensation, except as otherwise specified, at 40 CFR part 745, subpart E. The regulations in 40 CFR part 745, subpart E, cover information distribution requirements, work practice standards, reporting requirements, and individual and firm certifications, among other things. This ICR amendment only addresses the information distribution requirements which require firms performing renovations to provide the owner and occupant of any residential dwelling unit or multi-unit housing with a lead hazard information pamphlet. After providing the pamphlet to the owner and occupant and obtaining written acknowledgment, the firm performing the renovation must keep acknowledgment records on file for three years after completion of work.

The information distribution requirements found in 40 CFR part 745, subpart E, apply to any person who performs renovations in target housing or COFs for compensation. However, a designated representative (e.g., a landlord, rental property manager) may deliver the pamphlet and obtain the acknowledgment. When using a designated representative, the firm performing renovations remains responsible for compliance with the regulations (63 FR 29914; June 1, 1998). For purposes of this ICR, EPA assumes that all activities associated with distribution of the lead hazard information pamphlet are undertaken by renovation firms.

This ICR examines the respondent paperwork requirements and associated time and cost burden of the information distribution requirements at 40 CFR part 745, subpart E. Sections 1 through 5 of the ICR describe the paperwork requirements associated with the distribution of the lead hazard information pamphlet prior to commencing renovations of target housing or COFs for compensation. Section 6 estimates the annual time and cost burden to respondents in complying with these paperwork requirements.

Note that this ICR does not address time and cost burden to recipients of the lead hazard information pamphlet (i.e., owners and occupants of target housing or COFs) because the pamphlet is originally supplied by the federal government. Under 5 CFR 1320.3(c)(2), “the public disclosure of information originally supplied by the Federal government to the [respondent] for the purpose of disclosure to the public is not included” as a “collection of information.” In addition, because the acknowledgment of receipt obtained by the firm performing the renovation only involves “that burden necessary to identify the respondent, the date, the respondent’s address, and the nature of the instrument,” completion of the acknowledgment form by the owner and occupant of the target housing or COFs is not considered to be “information” under 5 CFR 1320.3(h)(1).

The following paragraphs describe the activities that firms performing renovations would take under the information distribution requirements at 40 CFR part 745, subpart E.

Exemption from Information Distribution Requirements

Under 40 CFR 745.82, firms performing renovations of target housing or COFs for compensation are not subject to the regulations in 40 CFR 745.84 if the renovation activities are limited to: (i) minor repair and maintenance activities (including minor electrical work and plumbing) that disrupt six square feet or less of painted surface per room for interior activities or twenty square feet or less of painted surface for exterior activities where no prohibited or restricted practices are used and where the work does not involve window replacement or demolition of painted surfaces; (ii) emergency renovation operations; (iii) renovations in target housing or COFs in which a written determination has been made by an inspector (certified pursuant to either federal regulations at 40 CFR 745.226 or a state or tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the firm has obtained a copy of the determination; or (iv) renovations in target housing or COFs in which a certified renovator, using an EPA recognized test kit has tested each component affected by the renovation and determined that the components are free of paint or other surface coating containing lead equal to or in excess of 1.0 mg/cm² or 0.5% by weight.

Information Distribution Requirements for Renovations in Dwelling Units

Under 40 CFR 745.84(a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, firms performing renovations must provide the owner of the dwelling unit with the pamphlet, and must comply with the procedures specified at section 745.84(a)(1)(i) or (ii). In addition, if the owner does not occupy the dwelling unit, the renovation firm must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745.84(a)(2)(i) or (ii).

Information Distribution Requirements for Renovations in Common Areas

Under 40 CFR 745.84(b), no more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing renovations must provide the owner of the multi-unit housing with the pamphlet, and comply with the procedures specified at section 745.84(b)(1)(i) or (ii)

In addition, the firm performing renovations must (i) notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required by § 745.86(c) and (d), at no cost to the occupants, or (ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by § 745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the occupants. (Section 745.84(b)(2)).

The firm performing renovations also must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745.84(b)(3)). If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice (section 745.84(b)(4)).

Recordkeeping Requirements

Under 40 CFR 745.86(a), firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing or COFs.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

Section 406(b) of TSCA requires EPA to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. Regulations promulgated under the authority of section 406(b) of TSCA ensure that owners and occupants of target housing are provided information concerning potential hazards of lead-based paint exposure before certain renovations are begun on that housing. The Agency believes that the distribution of the pamphlet will help to reduce the exposures that cause serious lead poisonings, especially in children under age six, who are particularly susceptible to the hazards of lead.

2(b) Practical Utility and Users of the Data

Owners and occupants of target housing and COFs must be provided with a lead hazard information pamphlet before any renovation commences. Information contained in the lead hazard information pamphlet may be used by owners and occupants of target housing and COFs to take appropriate precautions to avoid exposure to lead-contaminated dust and lead-based paint debris that are sometimes generated during renovations.

In addition, the recordkeeping requirements under 40 CFR part 745, subpart E, enable EPA, state and local regulators and the courts to determine initial compliance and monitor continued compliance with the provisions of section 406(b) of TSCA. The record of compliance could also serve as a crucial piece of information in civil actions to establish liability.

3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Non-Duplication

EPA has determined that no other federal agency collection satisfies the statutory requirements of section 406(b) of TSCA.

3(b) Public Notice Required Prior to ICR Submission to OMB

In proposing to renew this ICR, EPA provided a 60-day public notice and comment period that ended on June 13, 2011 (76 FR 20659; April 13, 2011). No comments were received during this period.

3(c) Consultations

Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval. In accordance with this regulation, EPA pursued additional consultations with interested parties during the development of the renewal of this collection. Specifically, EPA contacted the following nine individuals:

Robert Bell

Bell's Remodeling

218-728-2797

rgbell@chartermi.net

Kert Sloan

Aluminum Associates Sloan Corp.

610-921-2201

catiesloan@comcast.net

Karen Zieba

Zieba Builders, Inc.

562-439-5294

karen@ziebabuilders.com

Joe Cracco

Modern Yankee Builders

401-641-9457

joe@modernyankee.com

Steve Heiteen

Portland Remodel

503-244-3525

steve@portlandremodel.com

Mike Nagel

Men at Work Chicago

847-359-3591

mike@MAWchicago.com

Bob Hanbury

House of Hanbury Builders Inc

860-666-1537

bobhanbury@aol.com

Brindley Byrd

Qx2, Inc.

517-204-4406

bbyrd@qx2.net

Bob Peterson

Associates in Building & Design Ltd

970-225-2323

rpeterson@abd-ltd.com

None of these individuals responded to EPA’s request for consultation.

3(d) Effects of Less Frequent Collection

The information distribution requirements at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.

3(e) General Guidelines

This collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.5.

3(f) Confidentiality

Since this ICR involves only recordkeeping and 3rd-party notifications, EPA does not believe that respondents submit any information to the Agency or that, in doing so, would assert a confidentiality claim for information collected under this ICR. However, to the extent information submitted by respondents is business confidential, procedures are in place to protect the information from improper disclosure consistent with section 14 of TSCA; 40 CFR part 2, subpart B; and 40 CFR 745.84.

3(g) Sensitive Questions

No questions of a sensitive nature are included in the information collection requirements associated with the distribution of the lead hazard information pamphlet.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and NAICS Codes

The North American Industrial Classification System (NAICS) codes associated with industries most likely affected by the requirements covered in this ICR are described below:

NAICS Code	Industrial Sector
23321	Single Family Housing Construction
23322	Multifamily Housing Construction
23511	Plumbing, Heating, and Air-Conditioning Contractors
23521	Painting and Wall Covering Contractors
23531	Electrical Contractors
23541	Masonry and Stone Contractors
23542	Drywall, Plastering, Acoustical, and Insulation Contractors
23543	Tile, Marble, Terrazzo, and Mosaic Contractors
23551	Carpentry Contractors
23552	Floor Laying and Other Floor Contractors
23561	Roofing, Siding, and Sheet Metal Contractors
23571	Concrete Contractors
23581	Water Well Drilling Contractors
23591	Structural Steel Erection Contractors
23592	Glass and Glazing Contractors
23593	Excavation Contractors
23594	Wrecking and Demolition Contractors
23595	Building Equipment and Other Machinery Installation Contractors
23599	All Other Special Trade Contractors
53111	Lessors of Residential Buildings and Dwellings
53119	Lessors of Other Real Estate Property
53121	Offices of Real Estate Agents and Brokers
531311	Residential Property Managers
53132	Offices of Real Estate Appraisers
53139	Other Activities Related to Real Estate
611110	Elementary and Secondary Schools
624410	Child Day Care Services

4(b) Information Requested

In the following paragraphs, EPA describes the paperwork requirements associated with the distribution of the lead hazard information pamphlet.

Exemption from Information Distribution Requirements

Under 40 CFR 745.82, firms performing renovations of target housing or COFs for compensation are not subject to the regulations in 40 CFR 745.84 if the renovation activities are limited to: (i) minor repair and maintenance activities (including minor electrical work and plumbing) that disrupt six square feet or less of painted surface per room for interior activities or twenty square feet or less of painted surface for exterior activities where no prohibited or restricted practices are used and where the work does not involve window replacement or demolition of painted surfaces; (ii) emergency renovation operations; (iii) renovations in target housing or COFs in which a written determination has been made by an inspector (certified pursuant to either federal regulations at 40 CFR 745.226 or a state or tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination; or (iv) renovations in target housing or COFs in which a certified renovator, using an EPA recognized test kit has tested each component affected by the renovation and determined that the components are free of paint or other surface coating containing lead equal to or in excess of 1.0 mg/cm² or 0.5% by weight.

(i) Data Items:

Written determination by an inspector (certified pursuant to either federal regulations at 40 CFR 745.226 or a state or tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

(ii) Respondent Activity:

The firm performing renovations of target housing or COFs for compensation may be exempt from the regulations in 40 CFR part 745, subpart E by obtaining copy of a determination made by a certified inspector that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

Information Distribution Requirements for Renovation in Dwelling Units

Under 40 CFR 745.84(a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing renovations must provide the owner of the dwelling unit with the pamphlet, and must comply with the procedures specified at section 745.84(a)(1)(i) or (ii). In addition, if the owner does not occupy the dwelling unit, the firm performing renovations must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745.84(a)(2)(i) or (ii).

(i) Data Items:

Lead hazard information pamphlet; and

Documentation providing proof that the pamphlet was provided to the owner and occupant of the target housing or that an attempt was made to provide the pamphlet to the owner and occupant of the target housing (e.g., collect signed acknowledgment form, provide self-certification for failed deliveries, and document mailing the information).

(ii) Respondent Activities:

A firm planning to conduct renovations in any residential dwelling unit must:

Prepare acknowledgment and certification forms;

Provide the owner of the unit with the pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by:

Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet (section 745.84(a)(1)(i)); or

Obtaining a certificate of mailing at least seven days prior to the renovation (section 745.84(a)(1)(ii)).

In addition, if the owner does not occupy the dwelling unit, the firm performing renovations also must:

Provide an adult occupant of the unit with the pamphlet and obtain proof that the pamphlet was provided to the occupant of the target housing by:

Obtaining, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet (section 745.84(a)(2)(i)); or

Certifying in writing that a pamphlet has been delivered to the dwelling and that the firm performing renovations has been unsuccessful in obtaining a written acknowledgment from an adult occupant (section 745.84(a)(2)(i)); or

Obtaining a certificate of mailing at least seven days prior to the renovation (section 745.84(a)(2)(ii)).

Information Distribution Requirements for Renovations in Common Areas

Under 40 CFR 745.84(b), no more than 60 days before beginning renovation activities in common areas of multi-unit housing, the firm performing renovations must provide the owner of the multi-unit housing with a lead hazard information pamphlet, and comply with the procedures specified at section 745.84(b)(1)(i) or (ii). In addition, the firm performing renovations must notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of the renovation. Such notification shall be accomplished by distributing written notice to each affected unit (section 745.84(b)(2)). Finally, the firm performing renovations must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745.84(b)(3)).

(i) Data Items:

Lead hazard information pamphlet;

Notice describing the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the firm; and
Statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

(ii) Respondent Activities:

A firm performing renovations planning to conduct renovations in common areas of multi-unit housing must:

Prepare acknowledgment and certification forms;

Provide the owner of the multi-unit target housing with the pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by:

Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet (section 745.84(b)(1)(i)); or

Obtaining a certificate of mailing at least seven days prior to the renovation (section 745.84(b)(1)(ii));

Notify in writing, or ensure written notification of, each affected unit of the multi-unit housing and make the pamphlet available upon request no more than 60-days prior to the start of the renovation;

Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745.84(b)(3)); and

If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities (section 745.84(b)(4)).

Recordkeeping Requirements

(i) Data Items:

Records that must be retained pursuant to section 745.86 include, where applicable:

Reports certifying that a determination has been made by an inspector that lead-based paint is not present on the components affected by the renovation, as described in section 745.82(a);

Signed and dated acknowledgments of receipt as described in sections 745.84(a)(1)(i), (a)(2)(i), (b)(1)(i) (c)(i)(A) and (c)(1)(ii)(A).;

Certifications of attempted delivery as described in section 745.84(a)(2)(i) and (c)(1)(ii)(A);

Certificates of mailing as described in sections 745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B, and (c)(1)(ii)(B); and; and

Records of notification activities performed regarding common area renovations, as described in sections 745.84(b)(3) and (b)(4) .

(ii) Respondent Activities:

Firms performing renovations must maintain records to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation.

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

There are no Agency activities associated with the distribution of lead hazard information pamphlets to owners and occupants of target housing and COFs prior to commencing renovations for compensation.

5(b) Collection Methodology and Management

There are no Agency activities associated with the distribution of the lead hazard information pamphlet to owners and occupants of target housing and COFs prior to commencing renovations for compensation. However, under the provisions of 40 CFR 745.87, EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to ensure compliance with 40 CFR part 745, subpart E.

5(c) Small Entity Flexibility

In promulgating the regulations at 40 CFR part 745, subpart E, EPA attempted to minimize the reporting and recordkeeping burden for both large and small regulated entities. While small businesses constitute the majority of affected entities, hour and cost burden imposed by the regulations is not considered to be of sufficient magnitude to have significant economic impacts on such establishments.

5(d) Collection Schedule

6. ESTIMATING BURDEN AND COST OF THE COLLECTION

This section estimates the incremental burden of reporting and recordkeeping for the requirements under TSCA section 406(b). Estimates for the time (i.e., burden hours) incurred by respondents in complying with the reporting and recordkeeping requirements were based on conversations with renovation contractors, building trades groups, and rental property owners and managers, as reflected in the supporting statement for the 2008 renewal of this ICR (EPA ICR No. 1669.05). The estimates of the number of entities subject to the rule’s requirements are based on information in the ICR supporting statement Final Rule Addendum to an Existing EPA ICR Entitled: TSCA Sections 402/404 Training and Certification, Accreditation, and Standards for Lead-Based Paint Activities (EPA ICR No. 1715.10, OMB 2070-0155), the Economic Analysis for the TSCA Lead Renovation, Repair and Painting (RRP) Program, Final Rule for Target Housing and Child-Occupied Facilities (EPA 2008), also referred to as the Economic Analysis for the RRP rule, and the Economic Analysis for the TSCA Lead Renovation, Repair and Painting Program Opt-Out and Recordkeeping Final Rule for Target Housing and Child-Occupied Facilities (EPA 2010), also referred to as the Economic Analysis for the Opt-out rule.

6(a) Estimating Respondent Burden

This ICR presents the estimated annual burden and associated annual costs for the following information collection components of the pre-renovation information dissemination program:

Prepare Information – Firms performing renovations, including property managers of rental housing or COFs doing their own renovations, must obtain the required pamphlet, prepare the required acknowledgment/certification form, and prepare the required notification of renovation activities in the common areas of multi-unit target housing or in COFs. Firms performing renovations, including owner/managers, are also required to prepare, sign, and date a statement describing the steps performed to notify occupants of the intended renovation activities.

Provide Information – Firms performing renovations, including owner/managers of rental housing or COFs doing their own renovations, must provide the owner/occupant with a copy of the pamphlet and document receipt of the pamphlet by having the owner/occupant sign the acknowledgment. In the case of the notification, firms performing renovations, including owner/managers, must provide notification for renovation activities in common areas of multi-unit target housing or in COFs.

Maintain Records – Firms performing renovations, including owner/managers of rental housing doing their own renovations, must retain the documentation of distribution, e.g., certification by owner/occupant.

The pre-renovation education requirements do not apply to events where a test kit indicates that lead-based paint is not present. Therefore, it is assumed that pre-renovation education costs are only incurred for events where lead-safe work practices (LSWP) are used. The number of LSWP events performed was calculated using the approach described in detail in the cost chapters of the economic analyses for the RRP rule (EPA 2008) and the Opt-out rule (EPA 2010). However, unlike in the economic analyses, this ICR renewal analysis is calculated based on a 43 percent average false positive rate for EPA approved test kits for lead-based paint. The 43 percent false positive rate assumes that the test kit market will be split evenly between currently approved kits that have a false positive rate averaging 22 percent and those that have a 63 percent average false positive rate. If EPA recognizes test kits that meet the false positive response criteria at 40 CFR 745.88 during the three year period covered by this ICR, the number of responses (and thus the total estimated respondent burden and cost) will be less than estimated in this renewal ICR. Thus, the burden and cost calculations in this ICR analysis may represent conservative estimates.

For the ICR burden analysis, the average number of responses per respondent for each category of respondents and activities was estimated by dividing the total number of annual responses in that activity (derived by adjusting the estimates in the previous economic analyses) by the total number of respondents.

Specific steps required to comply with the pre-renovation education requirements are affected by such factors as whether the renovation is performed in an owner-occupied building or a rental building, and whether the work is performed by a contractor or by in-house staff. Therefore, the ICR burden analysis is calculated separately for each of these scenarios. The analysis begins by discussing the number of renovation events in target housing where pre-renovation education is required, followed by a discussion of renovation events in COFs.

(i) Events Taking Place in Target Housing

There are 278,183 respondents (i.e., renovators and rental property managers) estimated to work in target housing during the three year period covered by this ICR. This represents 167,669 renovation firms and property managers estimated to work in target housing regulated by the 2008 RRP rule and an additional 110,514 renovation firms estimated to work in target housing regulated by the 2010 Opt-out rule.

This approach estimates an average of 905,610 LSWP renovation events in owner-occupied housing as a result of the 2008 RRP rule and 4,463,986 LSWP renovation events as a result of the 2010 Opt-out rule, for a total three-year average of 5,369,596 renovation events per year in owner-occupied target housing.

The rule’s requirements in rental housing differ depending on whether the renovation occurs in an occupied unit, an unoccupied unit, or a common area shared by tenants in multi-unit housing.^¹ Renovation events occurring in occupied rental units require firms performing renovations to prepare acknowledgment forms for, distribute pamphlets to, and obtain acknowledgments from, both the owner and the tenant of the unit. On the other hand, when renovation events take place in unoccupied units or common areas, these activities (prepare certification form, distribute pamphlet, and obtain acknowledgment) apply only to owners of the unit. For occupants affected by common area renovations, firms performing renovations are required to ensure written notification of the intended renovation activity and, if requested, make the pamphlet available to any tenants making such a request. The firm performing renovation must also document this disclosure activity by preparing a written statement describing the steps performed to notify all occupants of the intended renovation activities. This ICR analysis assumes property owners will post a single copy of the pamphlet in affected common areas, thereby making the information available to any interested tenants.

The Regulatory Impact Analysis for the TSCA section 406(b) rule concluded that most renovation activities occur while the unit is vacant in between tenants.^² EPA assumes that only one-fourth of the renovations in rental property will occur while the unit is occupied. When applied to the estimate that there are there are an average of 5,789,495 LSWP renovations per year in rental target housing, this results in an estimate that the notification provisions of the TSCA section 406(b) rule will apply to 1,447,374 renovations per year in occupied rental units and 4,342,121 renovations per year in vacant units and in common areas.

As shown in Exhibit 6.1, there are on average 11,159,091 LSWP events per year in target housing affected by the rule.

Exhibit 6.1: Summary of Renovation Events in Target Housing
	Year 1	Year 2	Year 3	Average
Owner-Occupied Target Housing
Regulated under the 2008 RRP rule	909,333	905,605	901,892	905,610
Regulated under the 2010 Opt-out rule	4,482,338	4,463,961	4,445,658	4,463,986
Subtotal – Owner-Occupied Events	5,391,671	5,369,566	5,347,550	5,369,596
Rental Target Housing
Occupied Units	1,453,324	1,447,366	1,441,431	1,447,374
Vacant Units and Common Areas	4,359,972	4,342,096	4,324,294	4,342,121
Subtotal – Rental Events	5,813,296	5,789,462	5,765,725	5,789,495
Total Events	11,204,967	11,159,028	11,113,275	11,159,091
Sources: Economic Analysis for the 2008 RRP rule; Economic Analysis for the 2010 Opt-out rule

Exhibit 6.2 shows the three-year average annual number of respondents and number of responses by type for the pre-renovation education requirements in target housing.

Exhibit 6.2: Average Annual Number of Pre-Renovation Education Respondents and Responses for Renovation Work in Target Housing
	Number of Small Respondents	Number of Respondents	Number of Responses
Owner-Occupied Events	276,119	278,183	5,369,596
Rental Events in Occupied Units	276,119	278,183	1,447,374
Rental Events in Vacant Units and Common Areas	276,119	278,183	4,342,121
Total	276,119	278,183	11,159,091
Sources: Economic Analysis for the RRP rule (EPA 2008); Economic Analysis for the Opt-out rule (EPA 2010).

(ii) Events Taking Place in Public or Commercial Building COFs

In addition to the change in target housing renovation events, this ICR includes burden and material cost estimates related to renovations taking place in public or commercial building COFs. The 2008 RRP rule extended the pre-renovation information dissemination requirements to renovation projects performed by contractors or landlords in public or commercial building COFs. (The burden estimates for these entities relating to the pre-renovation education requirements of the 2008 RRP rule were previously included in ICR 1715.10, but are now being included in this ICR so that all of the pre-renovation information dissemination requirements under TSCA section 406(b) are accounted for in a single ICR). This analysis assumes that contractors will work both in COFs that rent space, and in those that own space. Landlords will only work in the buildings that they own.

Since the pre-renovation education requirements do not apply to events where a test kit indicates that lead-based paint is not present, pre-renovation education costs are only incurred for events where LSWP are used. The number of LSWP events performed by landlords and contractors in COFs was calculated using the approach described in detail in section 4.4 of the Economic Analysis for the RRP rule (EPA 2008). The analysis described in section 4.4 estimated the percentage of events (by event and facility type) performed by landlords, contractors, and by the staff of COFs themselves, and the results are presented in Table 4-91 (EPA 2008). This ICR analysis applies the percentages in Table 4-91 to the numbers of LSWP events performed in each type of COF (see section 4.4 of Chapter 4 in EPA 2008) to estimate the number of events where contractors and landlords will need to distribute pamphlet(s) and obtain proof of pamphlet receipt prior to beginning renovation work.

(A) Number of COF Landlord Firms and Events

Landlords are required to comply with the pre-renovation education rule during each LSWP event they perform. Exhibit 6.3 presents the number of lessor/manager firms renting space to COFs and the numbers of LSWP events performed by these firms each year during the first three years of the rule. There were on average 13,170 non-residential property manager or lessor firms estimated to rent space to COFs annually during the reporting period, and they perform an average of 4,341 LSWP events per year.

Exhibit 6.3: Number of Non-Residential Property Manager Firms and LSWP Events They Perform
	Year 1	Year 2	Year 3	Average
Number of Lessor/Manager Firms	13,224	13,170	13,116	13,170
Number of LSWP Events Performed	4,359	4,341	4,323	4,341
Source(s): Economic Analysis for the RRP rule (EPA 2008).

(B) Number of COF Contractor Firms and Events

The number of LSWP events performed by contractors in public or commercial building COFs was estimated by applying the percentages of all RRP events performed by contractors in schools and daycare centers to the total number of LSWP events performed in these buildings in a given year. These estimates are based on the number of events calculated for the Economic Analysis for the RRP rule (EPA 2008). Section 4.4 of the Economic Analysis for the RRP rule (EPA 2008) presents the estimated percentages of RRP events, by event and facility type, performed by landlords, contractors, and by the COFs themselves.

Exhibit 6.4 presents the number of events performed by contractors in the first, second, and third years of the rule in schools, in daycare centers that own their space and in daycare centers that rent their space.^³ Exhibit 6.5 presents the number of contractor firms performing work in public or commercial building COFs, and the total number of those events. It is estimated that an annual average of 3,197 contractor firms will perform renovations in public or commercial building COFs that require LSWP. These contractors will perform an annual average of 115,721 renovation events that require LSWP in public or commercial building COFs.

Exhibit 6.4: Number of Contractor LSWP Events by COF Type

Type of COF	Number of Events Performed by Contractors
Type of COF	Year 1	Year 2	Year 3	Average
Public and Private Schools^a	93,561	93,178	92,795	93,178
Daycare Centers that Own their Space^b	16,395	16,328	16,261	16,328
Sub-total in Owner-Occupied COFs	109,956	109,506	109,056	109,506
Daycare Centers that Rent their Space^c	6,241	6,215	6,189	6,215
Sub-total in COFs that Rent Space	6,241	6,215	6,189	6,215
Total Events	116,197	115,721	115,245	115,721
Notes: All schools are assumed to own their buildings. The number of events in daycare centers that own their space is calculated as the difference between the number of contractor events in all daycare centers and the number of events in daycare centers that rent their space. See section 4.4 of the Economic Analysis for the RRP rule (EPA 2008). The number of centers renting space was estimated using data from DOE’s Commercial Building Energy Consumption Survey (CBECS). HUD data was used to determine the percentages of work being contracted out. See section 4.4 of the Economic Analysis for the RRP rule (EPA 2008). Sources: Economic Analysis for the RRP rule (EPA 2008).

Exhibit 6.5: Number of Non-Residential Contractor Firms and LSWP Events They Perform in COFs
	Year 1	Year 2	Year 3	Average
Number of Contractor Firms	3,210	3,197	3,183	3,197
Number of LSWP Events Performed	116,197	115,721	115,245	115,721
Source(s): Economic Analysis for the RRP rule (EPA 2008).

In addition to events performed by landlords and contractors, daycare centers and schools are expected to perform some renovation events using in-house staff. These entities are assumed to comply with the rule by posting informational signs describing the general nature and locations of the project, the anticipated completion date, and a copy of the lead safety pamphlet in a location accessible to parents and guardians. Exhibit 6.6 presents the number of daycare centers and schools, and the number of in-house events they perform.

Exhibit 6.6: Number of Entities and Events for Daycare Centers and Schools Performing In-House Work
	Year 1	Year 2	Year 3	Average
Number of Daycare Centers and Schools	26,062	25,954	25,847	25,954
Number of LSWP Events Performed	61,747	61,494	61,241	61,494
Source(s): Economic Analysis for the RRP rule (EPA 2008).

Exhibit 6.7 shows the three-year average annual number of respondents to the pre-renovation education requirements in public or commercial building COFs. Landlords and contractors working in public or commercial building COFs that own their buildings comprise a single category, as both must notify only the COF operator. Contractors working in COFs that rent their space constitute a second category, as they must notify both the COF operator and the owner of the building. The same set of contractors performs work in both renter- and owner-occupied COFs; therefore, the 3,197 contractors performing work in renter COFs are included in both categories. Daycare centers and schools performing renovations using in-house staff make up the third group, as they are only required to post informational signs (including the lead safety pamphlet) that are accessible to parents and guardians.

Exhibit 6.7: Average Annual Number of Pre-Renovation Education Respondents and Responses for Renovation Work in COFs
	Number of Small Respondents	Number of Respondents	Number of Responses
Landlords working in renter COFs and Contractors working in owner COFs (Private Entities)	15,242	16,367	113,847
Contractors working in renter COFs (Private Entities)	3,137	3,197	6,215
Daycare Centers and Schools Performing Own Renovations Private Entities State/Local Governments	18,236 7,138	18,236 7,718	25,212 36,282
Sources: Economic Analysis for the RRP rule (EPA 2008).

(D) Total Number of Respondents and Responses

The total number of respondents and responses are shown in Exhibit 6.8 and Exhibit 6.9. This represents a decrease in the estimated number of respondents and responses compared to the previously approved ICR.^⁴ The reason for the decrease is that the approach for calculating the number of target housing renovation events has been updated to reflect a more recent methodology which was used in the economic analysis of the 2008 RRP rule.^⁵

Exhibit 6.8: Total Respondents
Type of Respondent	Year 1	Year 2	Year 3	Average
Contractors and rental property managers working in Target Housing	279,327	278,182	277,041	278,183
Landlords working in COFs	13,224	13,170	13,116	13,170
Contractors working in COFs	3,210	3,197	3,183	3,197
Daycare Centers and Schools Performing Own Renovations	26,062	25,954	25,847	25,954
Total	321,823	320,503	319,187	320,504

Exhibit 6.9: Total Responses
Renovation Events	Year 1	Year 2	Year 3	Average
Target Housing	11,204,967	11,159,028	11,113,275	11,159,090
COFs – Landlord Firms	4,359	4,341	4,323	4,341
COFs – Contractor Firms	116,197	115,721	115,245	115,721
COFs –Daycare Centers & Schools	61,747	61,494	61,241	61,494
Total	11,387,270	11,340,584	11,294,084	11,340,646

(iii) Respondent Burden Related to Pre-Renovation Education

The burden from the activities covered by this ICR involves the time for preparing and providing the information needed to perform the disclosure activities in conjunction with the renovation of target housing, and public or commercial building COFs as specified by the rule. In essence, this includes the following activities:

Preparing written acknowledgment/certification;
Preparing and delivering the pamphlet to individual owner-occupants, owners of all rental units, and occupants of target housing rental units where an occupied unit is being renovated;
Obtaining acknowledgment/certification of the delivered pamphlet;
Preparing and posting the notification for common area activities, or for COFs; and
Preparing a statement describing the steps performed to notify all occupants of common areas of the intended renovation.

Prior versions of the TSCA section 406(b) ICR included start-up burden for new respondents to read and learn the pre-renovation information dissemination requirements. Because those requirements are now discussed as part of the certified renovator training (which was created after the previous version of this ICR was approved), the start-up burden is no longer included in this ICR.

(A) Target Housing Event Burden

In this transaction, the renovator/manager must prepare the appropriate document, make sufficient copies, distribute the information, and obtain the acknowledgments or prepare a certification of the delivery failure. Since the burden per event is likely to vary greatly, dependent upon such highly variable factors as the method of delivery chosen, the frequency of this activity for the individual manager or renovator, the number of events, experience, and individual efficiencies, EPA has attempted to make the analysis more straightforward by making some simplifying assumptions. The time estimates are based on conversations with renovation contractors, building trade groups, and rental property owners and managers.

EPA assumed that a written acknowledgement will be prepared for 100% of the renovations in owner occupied target housing (5,369,596 renovations), and 25% of the renovations in rental target housing taking place in occupied units (or 1,447,374 renovations). In addition, a written acknowledgment will be prepared for 100% of the owners of rental target housing units (5,789,494 renovations).

This analysis estimates the burden per event of preparing acknowledgement and certification forms, distributing pamphlets, and obtaining proof of pamphlet receipt based on the supporting statement for the previous version of this ICR – EPA ICR No. 1669.05 (2008) – with some modifications. The current ICR estimates that contractors or landlords will need an average of two minutes to prepare a set of acknowledgement and certification forms; two minutes to photocopy the pamphlet; and two minutes to deliver the pamphlet and obtain proof of pamphlet receipt from each individual involved. The burden of preparing the lead hazard pamphlet is a new estimate that was not included as a separate line item in the previous ICR.

The current ICR estimates that contractors or landlords will need five minutes to file all of the signed acknowledgement forms or mailing certificates. For renovation events in common areas, these 5 minutes represent the burden for preparing, signing, and dating a statement of notification. (The previous ICR accounted for these two activities separately.) Common area renovations are discussed in more detail below.

The renovator/manager is also required to distribute the pamphlet and obtain acknowledgments from all target housing owner occupants (5,369,596), all owners of rental housing units (5,789,494), and occupants of rental target housing units where occupied units are renovated (1,447,374). The pre-renovation education requirements provide flexibility to the renovator/manager for their distribution of the pamphlet or notification. Since the renovator/manager will already visit the site on more than one occasion to complete the contract transaction, evaluate the site for estimation purposes, deliver material and the like, EPA believes personal delivery, i.e., distribution of the pamphlet or notification, is likely to be combined with one of these other activities. Since the manager/renovator must obtain the acknowledgment from the recipient when the information is provided, or certify that the information was made available and acknowledgment was refused, this activity will also occur at this time. EPA estimates this transaction may take less than 1 minute, and no more than 4 minutes; EPA estimated the burden to be 2 minutes per event (0.033 hours) in order to calculate the total burden for the ICR.

For the sake of simplicity, EPA calculated the burden for all written acknowledgments based on the time to prepare the document for the first event, although subsequent events will involve copying the document for distribution, which takes less time. Similarly, EPA assumed that 100 percent of the renovation activities in rental housing will involve the notification of the owner, even though in some cases the renovations will be conducted by the rental owner’s staff. All of these assumptions are consistent with those used in the original RIA for this rule and with the previous ICR analyses.

There will be some instances when the manager/renovator will need to provide a self-certification for failed deliveries, resulting in additional burden. EPA believes that the other assumptions in the analysis (including the simplifying assumptions described above) are sufficiently conservative to offset any added burden associated with failed deliveries, so that no additional burden need be estimated to cover these circumstances. Consequently, the calculations in this analysis assume that all recipients will provide the acknowledgment.

Renovation activities taking place in the common area also require the firm performing renovations to provide occupants with general information about the renovation project and access to the lead hazard information pamphlet. In addition, the firm performing renovations must prepare a statement describing the steps performed to notify each occupant of the intended renovation. EPA assumes that all renovators working in common areas will post a single copy of the pamphlet and a job-specific information sheet. For this requirement, EPA is assuming a time estimate of five minutes per event to prepare and post the information and pamphlet. As described above, the time to prepare, sign, and file the statement of notification is included in the five minutes attributed to filing the acknowledgment of pamphlet delivery to the owner of the affected property.

Exhibit 6.10 presents the per-event burden associated with pre-renovation education incurred by contractors and landlords performing work in owner-occupied and rental target housing units.

Exhibit 6.10: Burden Estimates for Target Housing Renovations by Event and Task (in hours)
Activity	Burden Hours by Type of Event
	Owner-Occupied Events		Rental Events – Occupied Units		Rental Events – Vacant Units & Common Areas
	Number of Activities per event	Burden per event	Number of Activities per event	Burden per event	Number of Activities per event	Burden per event
Photocopy/Print Pamphlet	1	0.033	2	0.066	1	0.033
Preparing Acknowledgement Sheet	1	0.033	2	0.066	1	0.033
Distribution of Pamphlet to Owners/Occupants	1	0.033	2	0.066	1	0.033
Filing and Retaining Acknowledgement and Steps Taken for Common Area Notification	1	0.083	1	0.083	1	0.083
Other Activities for Common Area/Unoccupied Events
Prepare/Post Pamphlet and Job-Specific Information	-	-	-	-	1	0.083
Total		0.182		0.281		0.265
Note(s): Values rounded to 3 decimal places. The rule requires the firm performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenants of the rental properties (if occupied), or post a pamphlet in the case of common area rental events. This analysis may overestimate the time for vacant, single-unit rental events, as it assumes a sign will be posted in these cases. Sources: Supporting Statement for Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b) EPA ICR No. 1669.05 (2008)

The recordkeeping burden involves the time for meeting the pre-renovation education rule's recordkeeping requirements. The individual recordkeeping burden for renovation contractors and property managers performing renovation work is based on the estimated total annual number of renovations performed, i.e., 11,159,091, and the total amount of time spent in the recordkeeping activity (approximately five minutes per event for filing and retaining the acknowledgement form and if applicable, a statement of notification for common area activities).

Exhibit 6.11 presents the total estimated burden incurred by contractors and landlords in complying with the pre-renovation education requirements of TSCA section 406(b) in target housing. Total burden estimates represent the products of the total per-event burden estimates in Exhibit 6.10 with the corresponding total number of events.

Exhibit 6.11: Pre-Renovation Education Burden for Target Housing Renovations Total Burden Hours
		Year 1	Year 2	Year 3	Average
Owner-Occupied Units	LSWP Events Performed Annually	5,391,671	5,369,566	5,347,550	5,369,596
	Hour Burden per Event	0.182	0.182	0.182	0.182
	Total Burden Hours	981,284	977,261	973,254	977,266
Rental – Occupied Units	LSWP Events Performed Annually	1,453,324	1,447,366	1,441,431	1,447,374
	Hour Burden per Event	0.281	0.281	0.281	0.281
	Total Burden Hours	408,384	406,710	405,042	406,712
Rental –Vacant Units and Common Areas	LSWP Events Performed Annually	4,359,972	4,342,096	4,324,294	4,342,121
	Hour Burden per Event	0.265	0.265	0.265	0.265
	Total Burden Hours	1,155,393	1,150,655	1,145,938	1,150,662
Total Burden Hours – All Events		2,545,061	2,534,626	2,524,234	2,534,640
Sources: Economic Analysis for the 2008 RRP rule; Economic Analysis for the 2010 Opt-out rule; Supporting Statement for Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b), EPA ICR No. 1669.05 (2008).

(B) Public or Commercial Building COF Events Burden

The pre-renovation education burden on entities performing renovation work in public or commercial building COFs is similar to that for entities working in target housing. Landlords, as well as contractors working in COFs that own their own space, will need to prepare one set of acknowledgement and certification forms, distribute the pamphlet to the COF owner only, and obtain proof that the pamphlet was provided to the COF owner. Contractors working in COFs that are renting space will need to prepare two sets of acknowledgement and certification forms (one for the building owner and the other for the COF owner), distribute the pamphlet to both individuals, and obtain proof that both individuals have received the pamphlet.

This analysis estimates the burden per event of preparing acknowledgement and certification forms, distributing pamphlets, and obtaining proof of pamphlet receipt based on the supporting statement for the previous version of this ICR – EPA ICR No. 1669.05 (2008). ICR No. 1669.05 estimated contractors or landlords will need two minutes to prepare a set of acknowledgement and certification forms; two minutes to photocopy the pamphlet; two minutes to deliver the pamphlet and obtain proof of pamphlet receipt from each individual involved, and three minutes to file all of the signed acknowledgement forms or mailing certificates.

In addition to those requirements, a renovation firm working in a COF is required to either distribute the pamphlet and general information on the renovation project to the parents or guardians of children using the facility, or post informational signs describing the general nature and locations of the project and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the COF. The signs must be accompanied by a posted copy of the lead hazard information pamphlet or information on how interested parents and guardians can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parent or guardian. In addition, the firm performing renovations must prepare a statement describing the steps performed to notify each occupant of the intended renovation. The time to prepare, sign, and file the statement of notification is included in the five minutes used to file the acknowledgment of pamphlet delivery to the owner of the COF.

Exhibit 6.12 presents the per-event burden associated with pre-renovation education incurred by contractors and landlords performing work in owner-occupied and rental COFs.

Exhibit 6.12: Per-Event Burden Estimates by Task (in hours) for COF Events
Activity	Burden Hours by Type of Event
	Contractor Owner-Occupied, or Landlord COF Events		Contactor Rental COF Events		In-House COF Events
	Number of Activities per event	Burden per event	Number of Activities per event	Burden per event	Number of Activities per event	Burden per event
Photocopy/Print Pamphlet	1	0.033	2	0.066	-	-
Preparing Acknowledgement Sheet	1	0.033	2	0.066	-	-
Distribution of Pamphlet to Owners/Occupants	1	0.033	2	0.066	-	-
Filing and Retaining Acknowledgement and Steps to Notify Parents/Guardians [i.e, recordkeeping]	1	0.083	1	0.083	1	0.083
Other Activities when Notifying Parents/Guardians
Prepare/Post Pamphlet and Job-Specific Information	1	0.083	1	0.083	1	0.083
Total		0.265		0.364		0.166
Note(s): Values rounded to 3 decimal places. The rule requires the firm performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenant of the rental property. In all cases, the firm performing renovations is assumed to post a pamphlet in the affected COF. Source: Supporting Statement for Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b) EPA ICR No. 1669.05 (2008)

The burden estimates in Exhibit 6.12 are combined in with the number of renovation events to estimate the total burden incurred by contractors and landlords complying with the pre-renovation education requirements of TSCA section 406(b) in COFs.

Exhibit 6.13: Pre-Renovation Education Burden for Renovations in COFs
Respondent type		Year 1	Year 2	Year 3	Average
Contractor Owner-Occupied or Landlord COF Events	LSWP Events Performed	114,315	113,847	113,379	113,847
	Burden Hours per Event	0.265	0.265	0.265	0.265
	Total Burden Hours	30,293	30,169	30,046	30,169
Contractor Rental COF Events	LSWP Events Performed	6,241	6,215	6,189	6,215
	Burden Hours per Event	0.364	0.364	0.364	0.364
	Total Burden Hours	2,272	2,262	2,253	2,262
In-House COF Events	LSWP Events Performed	61,747	61,494	61,241	61,494
	Burden Hours per Event	0.166	0.166	0.166	0.166
	Total Burden Hours	10,250	10,208	10,166	10,208
Total Burden Hours – All Events		42,815	42,639	42,465	42,639
Sources: Economic Analysis for the 2008 RRP rule; Supporting Statement for Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b), EPA ICR No. 1669.05 (2008).

Total burden hours are shown in Exhibit 6.14.

Exhibit 6.14: Total Burden Hours
Renovation Events	Year 1	Year 2	Year 3	Average
Target Housing	2,545,061	2,534,626	2,524,234	2,534,640
Contractor Owner-Occupied or Landlord COF Events	30,293	30,169	30,046	30,169
Contractor Rental COF Events	2,272	2,262	2,253	2,262
In-House COF Events	10,250	10,208	10,166	10,208
Total	2,587,876	2,577,265	2,566,699	2,577,280

6(b) Estimating Respondent Costs

Respondent costs are estimated by combining burden estimates from the previous section with loaded wage rate, and adding in materials costs. The loaded hourly wage rate for renovation contractors and property managers is estimated to be $45.81 per hour, based on wage data from the Bureau of Labor Statistics and assuming a 53 percent markup to account for fringe benefits and overhead.^⁶

The costs associated with the pamphlet, the acknowledgment forms, the certification forms, and notification signs are all considered to be materials costs and are not included in the estimated burden and corresponding labor cost estimate. The “materials” costs consist of the cost for purchasing or duplicating the Lead Hazard Pamphlets, and the materials associated with the preparation of the acknowledgment form and notifications, as well as any certification forms. Certification forms are expected to be used infrequently, but there is no numerical information available on that frequency. The materials cost for certification forms is expected to be negligible in comparison to the cost of acknowledgment forms and therefore has not been separately estimated.

In addition to the time needed to prepare acknowledgement forms and distribute the pamphlet, contractors and landlords will incur the costs of either photocopying or purchasing the renovation-specific lead safety pamphlets. The Lead Hazard Pamphlets are 11 pages in length, printed single-sided, black and white, and on standard paper. Based on per-page photocopy costs, EPA estimates that a single pamphlet costs $1.10 to photocopy.^⁷

Target Housing Event Costs

EPA assumes that all owner-occupied renovation events in target housing will require one copy of the lead-safety pamphlet for the owner/occupant. Rental housing renovation events taking place in occupied rental units will require two copies of the pamphlet: one for the property owner and a second for the current tenant. Rental housing renovation events taking place in vacant rental units will require one copy of the pamphlet for the property owner. For a renovation event taking place in the common area of a rental housing unit, EPA assumes firm performing renovations will provide a copy of the lead-safety pamphlet to the property owner and post a second copy so that it is accessible to all occupants of the building. In addition, common area events would require the firm performing renovations to post a sheet containing general information about the specific renovation event.

It is assumed that for every renovation event there is one copy of the written acknowledgment. Firms performing renovations are assumed to generate two document sets (one for the renovator and one for the occupant or owner), for a total of two copies, at approximately $0.10 per page. For common area events, it is assumed firms performing renovations will make one copy of the statement describing the steps taken to notify occupants. Exhibit 6.15 presents the resulting pamphlet costs per event.

Exhibit 6.15: Per-Event Materials Cost for Target Housing Renovations
Activity	Materials Cost by Type of Activity
	Owner-Occupied Events		Rental Events –Occupied Units		Rental Events –Vacant Units & Common Areas
	Number of Copies per event	Cost per event	Number of Copies per event	Cost per event	Number of Copies per event	Cost per event
Lead Hazard Pamphlet	1	$1.10	2	$2.20	2	$2.20
Acknowledgement Sheet	2	$0.20	4	$0.40	2	$0.20
Other Materials for Common Area/Unoccupied Events
Job-Specific Information Sheet	-	-	-	-	1	$0.10
Description of Notification Process (Sign Posting)	-	-	-	-	1	$0.10
Total		$1.30		$2.60		$2.60
Notes: The rule requires the firms performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenants of the rental properties (if occupied), or post a pamphlet and job-specific information sheet in the case of common area rental events. It is assumed that the firm performing renovations will make two copies of each acknowledgement sheet. This analysis may overestimate the cost for vacant, single-unit rental events, as it assumes a sign will be posted in these cases. Sources: Personal communication with Staples, September 9, 2010

Exhibit 6.16 presents the estimated total costs of pre-renovation education to contractors and property managers performing work in target housing. Contractors and landlords will incur time burden and material costs, presented in Exhibit 6.10 and Exhibit 6.15, respectively. To estimate total labor costs associated with pre-renovation education, the total burden estimates in Exhibit 6.11 were multiplied by the loaded wage rate for renovation firms ($45.81 per hour). Total pamphlet costs were estimated by multiplying the numbers of events in Exhibit 6.11 by the corresponding per-event pamphlet cost estimates in Exhibit 6.15. The average cost of the rule for target housing events over the three years of this ICR is estimated to be $138 million per year.

Exhibit 6.16: Pre-Renovation Education Costs for Renovations in Target Housing
	Year 1	Year 2	Year 3	Average
Total Labor Cost
Owner-Occupied Units	$44,952,620	$44,768,326	$44,584,766	$44,768,555
Rental – Occupied Units	$18,708,071	$18,631,385	$18,554,974	$18,631,477
Rental – Vacant Units and Common Areas	$52,928,553	$52,711,506	$52,495,420	$52,711,826
Subtotal – Labor Cost	$116,589,244	$116,111,217	$115,635,160	$116,111,858
Total Material Cost
Owner-Occupied Units	$7,009,172	$6,980,436	$6,951,815	$6,980,475
Rental – Occupied Units	$3,778,642	$3,763,152	$3,747,721	$3,763,172
Rental – Vacant Units and Common Areas	$11,335,927	$11,289,450	$11,243,164	$11,289,515
Subtotal – Material Cost	$22,123,742	$22,033,037	$21,942,700	$22,033,162
Total Cost
Owner-Occupied Units	$51,961,792	$51,748,762	$51,536,581	$51,749,030
Rental – Occupied Units	$22,486,713	$22,394,537	$22,302,695	$22,394,649
Rental – Vacant Units and Common Areas	$64,264,481	$64,000,955	$63,738,584	$64,001,341
Total Cost	$138,712,986	$138,144,254	$137,577,860	$138,145,020

Public or Commercial Building COF Event Costs

Landlords, as well as contractors working in COFs that own their own space, will need to prepare one set of acknowledgement and certification forms, distribute the pamphlet to the COF owner, and obtain proof that the pamphlet was provided to the COF owner. Contractors working in COFs that are renting space will need to prepare two sets of acknowledgement and certification forms (one for the building owner, and the other for the COF owner), distribute the pamphlet to both individuals, and obtain proof that both individuals have received the pamphlet.

In addition to the time needed to prepare acknowledgement forms and distribute the pamphlet, contractors and landlords will also incur the costs of either photocopying or purchasing the renovation-specific lead safety pamphlets. Based on per-page photocopy costs reported by Staples, EPA estimates that a single pamphlet costs $1.10 to photocopy.

It is assumed that for every renovation event there is one copy of the written acknowledgment. Firms performing renovations are assumed to generate two document sets (one for the firm performing renovations and one for the occupant or owner), for a total of two copies, at approximately $0.10 each page. It is assumed firms performing renovations will make one copy of the statement describing the steps taken to notify parents and guardians of the renovation. Exhibit 6.17 presents resulting per-event pamphlet costs for COF events.

Exhibit 6.17: Per-Event Materials Cost for Renovations in Public or Commercial Building COFs
Activity	Materials Cost by Type of Event
Activity	Contractor Owner-Occupied COF Events		Contractor Rental COF Events		In-House COF Events
	Number of Copies	Cost	Number of Copies	Cost	Number of Copies	Cost
Lead Hazard Pamphlet	2	$2.20	3	$3.30	1	$1.10
Acknowledgement Sheet	2	$0.20	4	$0.40	-	-
Other Materials when Notifying Parents/Guardians
Job-Specific Information Sheet	1	$0.10	1	$0.10	1	$0.10
Description of Notification Process (Sign Posting)	1	$0.10	1	$0.10	1	$0.10
Total		$2.60		$3.90		$1.30
Notes: The rule requires the firms performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenants of the rental properties. It is assumed that the firm performing renovations will make two copies of each acknowledgement sheet. In all cases, the firm performing renovations is assumed to post a pamphlet and job-specific information sheet in the affected COF. Sources: Personal communication with Staples, September 9, 2010

Exhibit 6.18 presents the estimated total costs of pre-renovation education to contractors, property managers, and in-house staff performing work in COFs. Contractors, landlords, and in-house staff will incur time burden and material costs, presented in Exhibit 6.12 and Exhibit 6.17, respectively. To estimate total labor costs associated with pre-renovation education, the total burden estimates in were multiplied by the loaded wage rate for renovation firms ($45.81 per hour). Total pamphlet costs were estimated by multiplying the numbers of events in by the corresponding per-event pamphlet cost estimates in Exhibit 6.17. The average cost of the rule for COF events over the three years of this ICR is estimated to be $2.4 million per year.

Exhibit 6.18: Pre-Renovation Education Costs for Renovations in Child-Occupied Facilities
	Year 1	Year 2	Year 3	Average
Total Labor Cost
Landlords	$52,911	$52,682	$52,498	$52,682
Contractors in Rental Units	$104,080	$103,622	$103,210	$103,622
Contractors in Owner-Occupied Units	$1,334,812	$1,329,360	$1,323,909	$1,329,360
Daycare Centers and Schools, In-House	$469,553	$467,628	$465,704	$467,628
Subtotal – Labor Cost	$1,961,355	$1,953,293	$1,945,322	$1,953,293
Total Material Cost
Landlords	$11,333	$11,287	$11,240	$11,287
Contractors in Rental Units	$24,340	$24,239	$24,137	$24,239
Contractors in Owner-Occupied Units	$285,886	$284,716	$283,546	$284,716
Daycare Centers and Schools, In-House	$80,271	$79,942	$79,613	$79,942
Subtotal – Material Cost	$401,830	$400,183	$398,536	$400,183
Total Cost
Landlords	$64,244	$63,968	$63,738	$63,968
Contractors in Rental Units	$128,420	$127,861	$127,347	$127,861
Contractors in Owner-Occupied Units	$1,620,697	$1,614,076	$1,607,455	$1,614,076
Daycare Centers and Schools, In-House	$549,824	$547,571	$545,318	$547,571
Total Cost	$2,363,185	$2,353,475	$2,343,857	$2,353,475

6(c) Estimating Agency Burden and Cost

Not applicable. This is a third party notification rule.

6(d) Bottom Line Burden Hours and Costs/Master Table

Exhibit 6.19 presents the total bottom line numbers for the ICR renewal. Exhibit 6.20 presents three-year averages by type of respondent. The total annual burden for this ICR is therefore 2,577,280 hours and the total annual cost is an estimated $140,498,539.

Exhibit 6.19: Bottom Line Burden and Costs
	Year 1	Year 2	Year 3	Average
Number of Respondents	321,823	320,503	319,187	320,504
Number of Responses	11,387,270	11,340,584	11,294,084	11,340,646
Total Burden Hours	2,587,876	2,577,265	2,566,699	2,577,280
Total Cost	$141,076,171	$140,497,729	$139,921,717	$140,498,539

Exhibit 6.20: Respondent Summary, Three-Year Average
Type of Respondent	Number of Small Respondents ^a	Number of Respondents^a	Responses per Respondent	Burden per Response (hours)	Annual Burden
1. Contractors Working in Owner-Occupied Target Housing (Private Firms)	276,119	278,183	19.30239	0.182	977,267
2. Contractors Working in Occupied Target Housing Rental Units (Private Firms)	276,119	278,183	5.20296	0.281	406,712
3. Contractors Working in Vacant Target Housing Rental Units and Common Areas (Private Firms)	276,119	278,183	15.608870	0.265	1,150,662
4. Contractors Working in Owner-Occupied COFs or Landlords Working in Rental COFs (Private Firms)	15,242	16,367	6.95589	0.265	30,169
5. Contractors Working in Rental COFs (Private Firms)	3,137	3,197	1.944010	0.364	2,262
6. In-House COF Events (Private Firms – Schools and Daycare Centers)	18,236	18,236	1.38255	0.166	4,185
7. In-House COF Events (Local Governments – Schools)	7,138	7,718	4.70093	0.166	6,023
Total	316,735	320,504			2,577,280
^a The total number of respondents and small respondents is the sum of rows numbered 1, 4, 6, and 7, since the same contractors from these rows are included in other rows (e.g., the same 276,119 contractors are included in rows numbered 1, 2, and 3).

6(e) Reasons for Changes in Burden

This request reflects a net decrease of 545,206 hours (from 3,122,486 hours to 2,577,280 hours) from the total respondent burden currently in the OMB inventory. The primary reason for the decrease is a change in methodology for calculating the number of target housing renovation events to that used in the 2008 RRP rule analysis. This change reflects an adjustment rather than a program change. EPA estimates there will be an average of 11,340,646 responses per year under this renewal ICR.

This ICR renewal also incorporates changes to the per-activity burden assumptions. These changes all reflect adjustments rather than program changes.

Finally, this ICR includes burden and material cost estimates related to renovations taking place in public or commercial building COFs. The burden estimates for these entities relating to the pre-renovation education requirements of the 2008 RRP rule were previously included in ICR 1715.10. This is also an adjustment rather than a program change.

6(f) Burden Statement

The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0158, is estimated to be 0.23 hours per response. Burden is defined in 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

To comment on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2010-0911. The docket is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention and Toxics Docket is (202) 566-0280. An electronic version of the public docket is available through the Federal Docket Management System (FDMS) at http://www.regulations.gov. Use FDMS to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OPPT-2010-0911and OMB Control No. 2070-0158 in any correspondence.

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPPT-2010-0911. These attachments are available for online viewing at http://www.regulations.gov or otherwise accessed as described in section 6(f) of the supporting statement.

Attachment 1:	15 U.S.C. 2686 - Section 406 of the Toxic Substances Control Act.
Attachment 2:	40 CFR part 745, Subpart E - Residential Property Renovation.
Attachment 3:	Lead Hazard Information Pamphlet (“Renovate Right”). Also available online at EPA’s lead website
Attachment 4:	Record of Consultations with Potential ICR Respondents

EPA ICR No.: 1669.06; OMB Control No.: 2070-0158

Attachment 1

Section 406 of the Toxic Substances Control Act

15 U.S.C. 2686

Sec. 2686 Lead hazard information pamphlet

(a) Lead hazard information pamphlet

Not later than 2 years after October 28, 1992, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this subchapter and section 4852d of Title 42. The pamphlet shall –

(1) contain information regarding the health risks associated with exposure to lead;

(2) provide information on the presence of lead-based paint hazards in federally assisted, federally owned, and target housing;

(3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead-based paint hazards;

(4) describe the risks of renovation in a dwelling with lead-based paint hazards;

(5) provide information on approved methods for evaluating and reducing lead-based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based paint hazards; (6) advise persons how to obtain a list of contractors certified pursuant to this subchapter in lead-based paint hazard evaluation and reduction in the area in which the pamphlet is to be used;

(7) state that a risk assessment or inspection for lead-based paint is recommended prior to the purchase, lease, or renovation of target housing;

(8) state that certain State and local laws impose additional requirements related to lead-based paint in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available governmental and private assistance and financing; and

(9) provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate.

(b) Renovation of target housing

Within 2 years after October 28, 1992, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

EPA ICR No.: 1669.06; OMB Control No.: 2070-0158

ATTACHMENT 2

40 CFR 745, Subpart E

Lead-Based Paint Poisoning Prevention in Certain Residential Structures

Subpart E - Residential Property Renovation

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

PART 745--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES--Table of Contents

SUBPART E- RESIDENTIAL PROPERTY RENOVATION

Source: 63 FR 29919, June 1, 1998, unless otherwise noted.

Sec. 745.80 Purpose

This subpart contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations performed for compensation in target housing and child-occupied facilities. The purpose of this subpart is to ensure the following:

(a) Owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before these renovations begin; and

(b) Individuals performing renovations regulated in accordance with §745.82 are properly trained; renovators and firms performing these renovations are certified; and the work practices in §745.85 are followed during these renovations.

[73 FR 21758, Apr. 22, 2008]

Sec. 745.81 Effective dates

(a) Training, certification and accreditation requirements and work practice standards . The training, certification and accreditation requirements and work practice standards in this subpart are applicable in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. The training, certification and accreditation requirements and work practice standards in this subpart will become effective as follows:

(1) Training programs . Effective June 23, 2008, no training program may provide, offer, or claim to provide training or refresher training for EPA certification as a renovator or a dust sampling technician without accreditation from EPA under §745.225. Training programs may apply for accreditation under §745.225 beginning April 22, 2009.

(2) Firms . (i) Firms may apply for certification under §745.89 beginning October 22, 2009.

(ii) On or after April 22, 2010, no firm may perform, offer, or claim to perform renovations without certification from EPA under §745.89 in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c).

(3) Individuals . On or after April 22, 2010, all renovations must be directed by renovators certified in accordance with §745.90(a) and performed by certified renovators or individuals trained in accordance with §745.90(b)(2) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c).

(4) Work practices. (i) On or after April 22, 2010 and before July 6, 2010 all renovations must be performed in accordance with the work practice standards in § 745.85 and the associated recordkeeping requirements in § 745.86 (b)(6) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a). This does not apply to renovations in target housing for which the firm performing the renovation has obtained a statement signed by the owner that the renovation will occur in the owner's residence, no child under age 6 resides there, the housing is not a child-occupied facility, and the owner acknowledges that the work practices to be used during the renovation will not necessarily include all of the lead-safe work practices contained in EPA's renovation, repair, and painting rule. For the purposes of this section, a child resides in the primary residence of his or her custodial parents, legal guardians, and foster parents. A child also resides in the primary residence of an informal caretaker if the child lives and sleeps most of the time at the caretaker's residence.

(ii) On or after July 6, 2010, all renovations must be performed in accordance with the work practice standards in § 745.85 and the associated recordkeeping requirements in § 745.86(b)(1) and (b)(6) in target housing or child-occupied facilities, unless the renovation qualifies for the exception identified in §745.82(a).

(5) The suspension and revocation provisions in §745.91 are effective April 22, 2010.

(b) Renovation-specific pamphlet . Before December 22, 2008, renovators or firms performing renovations in States and Indian Tribal areas without an authorized program may provide owners and occupants with either of the following EPA pamphlets: Protect Your Family From Lead in Your Home or Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools . After that date, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools must be used exclusively.

(c) Pre-Renovation Education Rule . With the exception of the requirement to use the pamphlet entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools , the provisions of the Pre-Renovation Education Rule in this subpart have been in effect since June 1999.

[73 FR 21758, Apr. 22, 2008, as amended at 75 FR 24818, May 6, 2010]

Sec. 745.82 Applicability

(a) This subpart applies to all renovations performed for compensation in target housing and child-occupied facilities, except for the following:

(1) Renovations in target housing or child-occupied facilities in which a written determination has been made by an inspector or risk assessor (certified pursuant to either Federal regulations at §745.226 or a State or Tribal certification program authorized pursuant to §745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm² ) or 0.5% by weight, where the firm performing the renovation has obtained a copy of the determination.

(2) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit as defined in §745.83 and following the kit manufacturer's instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm² or 0.5% by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(b) The information distribution requirements in §745.84 do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in §§745.85, 745.89, and 745.90 to the extent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of §745.85(a)(5), which must be performed by certified renovators or individuals trained in accordance with §745.90(b)(2), the cleaning verification requirements of §745.85(b), which must be performed by certified renovators, and the recordkeeping requirements of §745.86(b)(6) and (b)(7).

[73 FR 21758, Apr. 22, 2008, as amended at 75 FR 24818, May 6, 2010]

Sec. 745.83 Definitions

For purposes of this part, the definitions in §745.103 as well as the following definitions apply:

Administrator means the Administrator of the Environmental Protection Agency.

Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.

Cleaning verification card means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.

Component or building component means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: Painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners.

Dry disposable cleaning cloth means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

Firm means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization.

HEPA vacuum means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.

Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

Minor repair and maintenance activities are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by §745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

Pamphlet means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of State or local sources of information). Before December 22, 2008, the term “pamphlet” also means any pamphlet developed by EPA under section 406(a) of TSCA or any State or Tribal pamphlet approved by EPA pursuant to §745.326.

Person means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal Government.

Recognized test kit means a commercially available kit recognized by EPA under §745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.

Renovation means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities.

Renovator means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program.

Training hour means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

Wet disposable cleaning cloth means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

Wet mopping system means a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

Work area means the area that the certified renovator establishes to contain the dust and debris generated by a renovation.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21758, Apr. 22, 2008]

Sec. 745.84 Information distribution requirements

(a) Renovations in dwelling units . No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:

(1) Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) In addition to the requirements in paragraph (a)(1) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of a representative of the firm performing the renovation, and the date of signature.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(b) Renovations in common areas . No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing the renovation must:

(1) Provide the owner with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) Comply with one of the following. (i) Notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required by § 745.86(c) and (d), at no cost to the occupants, or

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by § 745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the occupants.

(3) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

(4) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice.

(c) Renovations in child-occupied facilities . No more than 60 days before beginning renovation activities in any child-occupied facility, the firm performing the renovation must:

(1)(i) Provide the owner of the building with the pamphlet, and comply with one of the following:

(A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(B) Obtain a certificate of mailing at least 7 days prior to the renovation.

(ii) If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:

(A) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature.

(B) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) Provide the parents and guardians of children using the child-occupied facility with the pamphlet, information describing the general nature and locations of the renovation and the anticipated completion date, and information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by §745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the occupants by complying with one of the following:

(i) Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility.

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. The signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by § 745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the parents or guardians.

(3) The renovation firm must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(d) Written acknowledgment . The written acknowledgments required by paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A) of this section must:

(1) Include a statement recording the owner or occupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

(2) Be either a separate sheet or part of any written contract or service agreement for the renovation.

(3) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

[63 FR 29919, June 1, 1998. Redesignated and amended at 73 FR 21760, Apr. 22, 2008; 75 FR 24818, May 6, 2010]

Sec.745.85 Work practice standards

(a) Standards for renovation activities . Renovations must be performed by certified firms using certified renovators as directed in §745.89. The responsibilities of certified firms are set forth in §745.89(d) and the responsibilities of certified renovators are set forth in §745.90(b).

(1) Occupant protection . Firms must post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this section.

(2) Containing the work area . Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

(i) Interior renovations . The firm must:

(A) Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

(B) Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material.

(C) Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater.

(E) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

(ii) Exterior renovations . The firm must:

(A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation.

(B) Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(C) Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering.

(D) In certain situations, the renovation firm must take extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties.

(3) Prohibited and restricted practices. The work practices listed below shall be prohibited or restricted during a renovation as follows:

(i) Open-flame burning or torching of lead-based paint is prohibited.

(ii) The use of machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited unless such machines are used with HEPA exhaust control.

(iii) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.

(4) Waste from renovations —(i) Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

(ii) At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

(iii) When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

(5) Cleaning the work area . After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

(i) Interior and exterior renovations . The firm must:

(A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag.

(B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

(ii) Additional cleaning for interior renovations . The firm must clean all objects and surfaces in the work area and within 2 feet of the work area in the following manner, cleaning from higher to lower:

(A) Walls . Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

(B) Remaining surfaces . Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system.

(b) Standards for post-renovation cleaning verification —(1) Interiors . (i) A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified renovator must:

(A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure.

( 1 ) Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

( 2 ) If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

( 3 ) If the cloth does not match and is darker than the cleaning verification card, wait for 1 hour or until the surface has dried completely, whichever is longer.

( 4 )After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

( 1 ) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

( 2 ) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for 1 hour or until the entire surface within the work area has dried completely, whichever is longer.

( 3 ) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

(iii) When the work area passes the post-renovation cleaning verification, remove the warning signs.

(2) Exteriors . A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed. When the area passes the visual inspection, remove the warning signs.

(c) Optional dust clearance testing . Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another Federal, State, Territorial, Tribal, or local law or regulation requires:

(1) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this subpart.

(2) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling technician.

(3) The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance standards in §745.227(e)(8) or any applicable State, Territorial, Tribal, or local standard.

(d) Activities conducted after post-renovation cleaning verification . Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after post-renovation cleaning verification has been performed.

[73 FR 21761, Apr. 22, 2008]

Sec. 745.86 Recordkeeping and reporting requirements

(a) Firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with this subpart for a period of 3 years following completion of the renovation. This 3–year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable State or Tribal laws or regulations.

(b) Records that must be retained pursuant to paragraph (a) of this section shall include (where applicable):

(1) Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation, as described in §745.82(a). These records or reports include:

(i) Reports prepared by a certified inspector or certified risk assessor (certified pursuant to either Federal regulations at §745.226 or an EPA-authorized State or Tribal certification program).

(ii) Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

(2) Signed and dated acknowledgments of receipt as described in §745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A).

(3) Certifications of attempted delivery as described in §745.84(a)(2)(i) and (c)(1)(ii)(A).

(4) Certificates of mailing as described in §745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B), and (c)(1)(ii)(B).

(5) Records of notification activities performed regarding common area renovations, as described in §745.84(b)(3) and (b)(4), and renovations in child-occupied facilities, as described in §745.84(c)(2).

(6) Documentation of compliance with the requirements of §745.85, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in §745.85(a), and that the certified renovator performed the post-renovation cleaning verification described in §745.85(b). If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in §745.82, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator's training certificate, and a certification by the certified renovator assigned to the project that:

(i) Training was provided to workers (topics must be identified for each worker).

(ii) Warning signs were posted at the entrances to the work area.

(iii) If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified.

(iv) The work area was contained by:

(A) Removing or covering all objects in the work area (interiors).

(B) Closing and covering all HVAC ducts in the work area (interiors).

(C) Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors).

(D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors).

(E) Covering doors in the work area that were being used to allow passage but prevent spread of dust.

(F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors).

(G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

(v) Waste was contained on-site and while being transported off-site.

(vi) The work area was properly cleaned after the renovation by:

(A) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

(B) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops (interiors).

(vii) The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

(c)(1) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:

(i) The owner of the building; and, if different,

(ii) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(2) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

(3) The information required to be provided by paragraph (c) of this section may be provided by completing the sample form titled “Sample Renovation Recordkeeping Checklist” or a similar form containing the test kit information required by §745.86(b)(1)(ii) and the training and work practice compliance information required by §745.86(b)(6).

(d) If dust clearance sampling is performed in lieu of cleaning verification as permitted by §745.85(c), the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

(1) The owner of the building; and, if different,

(2) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(3) When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all of the affected units.

[73 FR 21761, Apr. 22, 2008, as amended at 75 FR 24819, May 6, 2010]

Sec. 745.87 Enforcement and inspections

(a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA section 409 (15 U.S.C. 2689).

(b) Failure or refusal to establish and maintain records or to make available or permit access to or copying of records, as required by this subpart, is a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and 2689).

(c) Failure or refusal to permit entry or inspection as required by 40 CFR 745.87 and TSCA section 11 (15 U.S.C. 2610) is a violation of sections 15 and 409 (15 U.S.C. 2614 and 2689).

(d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation.

(e) Lead-based paint is assumed to be present at renovations covered by this subpart. EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to ensure compliance with this subpart.

[63 FR 29919, June 1, 1998, as amended at 73 FR 21763, Apr. 22, 2008]

Sec. 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]

Sec. 745.89 Firm certification

(a) Initial certification . (1) Firms that perform renovations for compensation must apply to EPA for certification to perform renovations or dust sampling. To apply, a firm must submit to EPA a completed “Application for Firms,” signed by an authorized agent of the firm, and pay at least the correct amount of fees. If a firm pays more than the correct amount of fees, EPA will reimburse the firm for the excess amount.

(2) After EPA receives a firm's application, EPA will take one of the following actions within 90 days of the date the application is received:

(i) EPA will approve a firm's application if EPA determines that it is complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. An application is complete if it contains all of the information requested on the form and includes at least the correct amount of fees. When EPA approves a firm's application, EPA will issue the firm a certificate with an expiration date not more than 5 years from the date the application is approved. EPA certification allows the firm to perform renovations covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.

(ii) EPA will request a firm to supplement its application if EPA determines that the application is incomplete. If EPA requests a firm to supplement its application, the firm must submit the requested information or pay the additional fees within 30 days of the date of the request.

(iii) EPA will not approve a firm's application if the firm does not supplement its application in accordance with paragraph (a)(2)(ii) of this section or if EPA determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. EPA will send the firm a letter giving the reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new, complete application that includes the correct amount of fees.

(b) Re-certification . To maintain its certification, a firm must be re-certified by EPA every 5 years.

(1) Timely and complete application . To be re-certified, a firm must submit a complete application for re-certification. A complete application for re-certification includes a completed “Application for Firms” which contains all of the information requested by the form and is signed by an authorized agent of the firm, noting on the form that it is submitted as a re-certification. A complete application must also include at least the correct amount of fees. If a firm pays more than the correct amount of fees, EPA will reimburse the firm for the excess amount.

(i) An application for re-certification is timely if it is postmarked 90 days or more before the date the firm's current certification expires. If the firm's application is complete and timely, the firm's current certification will remain in effect until its expiration date or until EPA has made a final decision to approve or disapprove the re-certification application, whichever is later.

(ii) If the firm submits a complete re-certification application less than 90 days before its current certification expires, and EPA does not approve the application before the expiration date, the firm's current certification will expire and the firm will not be able to conduct renovations until EPA approves its re-certification application.

(iii) If the firm fails to obtain recertification before the firm's current certification expires, the firm must not perform renovations or dust sampling until it is certified anew pursuant to paragraph (a) of this section.

(2) EPA action on an application . After EPA receives a firm's application for re-certification, EPA will review the application and take one of the following actions within 90 days of receipt:

(i) EPA will approve a firm's application if EPA determines that it is timely and complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. When EPA approves a firm's application for re-certification, EPA will issue the firm a new certificate with an expiration date 5 years from the date that the firm's current certification expires. EPA certification allows the firm to perform renovations or dust sampling covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.

(ii) EPA will request a firm to supplement its application if EPA determines that the application is incomplete.

(iii) EPA will not approve a firm's application if it is not received or is not complete as of the date that the firm's current certification expires, or if EPA determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. EPA will send the firm a letter giving the reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new application and paying the correct amount of fees.

(c) Amendment of certification . A firm must amend its certification within 90 days of the date a change occurs to information included in the firm's most recent application. If the firm fails to amend its certification within 90 days of the date the change occurs, the firm may not perform renovations or dust sampling until its certification is amended.

(1) To amend a certification, a firm must submit a completed “Application for Firms,” signed by an authorized agent of the firm, noting on the form that it is submitted as an amendment and indicating the information that has changed. The firm must also pay at least the correct amount of fees.

(2) If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, EPA will request the firm to submit the necessary information or fees. The firm's certification is not amended until the firm complies with the request.

(3) Amending a certification does not affect the certification expiration date.

(d) Firm responsibilities . Firms performing renovations must ensure that:

(1) All individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator in accordance with §745.90.

(2) A certified renovator is assigned to each renovation performed by the firm and discharges all of the certified renovator responsibilities identified in §745.90.

(3) All renovations performed by the firm are performed in accordance with the work practice standards in §745.85.

(4) The pre-renovation education requirements of §745.84 have been performed.

(5) The recordkeeping requirements of §745.86 are met.

[73 FR 21764, Apr. 22, 2008]

Sec. 745.90 Renovator certification and dust sampling technician certification

(a) Renovator certification and dust sampling technician certification . (1) To become a certified renovator or certified dust sampling technician, an individual must successfully complete the appropriate course accredited by EPA under §745.225 or by a State or Tribal program that is authorized under subpart Q of this part. The course completion certificate serves as proof of certification. EPA renovator certification allows the certified individual to perform renovations covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. EPA dust sampling technician certification allows the certified individual to perform dust clearance sampling under §745.85(c) in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part.

(2) Individuals who have successfully completed an accredited abatement worker or supervisor course, or individuals who have successfully completed an EPA, HUD, or EPA/HUD model renovation training course may take an accredited refresher renovator training course in lieu of the initial renovator training course to become a certified renovator.

(3) Individuals who have successfully completed an accredited lead-based paint inspector or risk assessor course may take an accredited refresher dust sampling technician course in lieu of the initial training to become a certified dust sampling technician.

(4) To maintain renovator certification or dust sampling technician certification, an individual must complete a renovator or dust sampling technician refresher course accredited by EPA under §745.225 or by a State or Tribal program that is authorized under subpart Q of this part within 5 years of the date the individual completed the initial course described in paragraph (a)(1) of this section. If the individual does not complete a refresher course within this time, the individual must re-take the initial course to become certified again. Individuals who complete a renovator course accredited by EPA before April 22, 2010, must complete an EPA-accredited renovator refresher course before July 1, 2015, to maintain renovator certification.

(b) Renovator responsibilities . Certified renovators are responsible for ensuring compliance with §745.85 at all renovations to which they are assigned. A certified renovator:

(1) Must perform all of the tasks described in §745.85(b) and must either perform or direct workers who perform all of the tasks described in §745.85(a).

(2) Must provide training to workers on the work practices they will be using in performing their assigned tasks.

(3) Must be physically present at the work site when the signs required by §745.85(a)(1) are posted, while the work area containment required by §745.85(a)(2) is being established, and while the work area cleaning required by §745.85(a)(5) is performed.

(4) Must regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.

(5) Must be available, either on-site or by telephone, at all times that renovations are being conducted.

(6) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint.

(7) Must have with them at the work site copies of their initial course completion certificate and their most recent refresher course completion certificate.

(8) Must prepare the records required by §745.86(b)(1) and (b)(6).

(c) Dust sampling technician responsibilities . When performing optional dust clearance sampling under §745.85(c), a certified dust sampling technician:

(1) Must collect dust samples in accordance with §745.227(e)(8), must send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and must compare the results to the clearance levels in accordance with §745.227(e)(8).

(2) Must have with them at the work site copies of their initial course completion certificate and their most recent refresher course completion certificate.

[73 FR 21765, Apr. 22, 2008, as amended at 75 FR 24819, May 6, 2010]

Sec. 745.91 Suspending, revoking, or modifying an individual’s or firm’s certification

(a)(1) Grounds for suspending, revoking, or modifying an individual's certification . EPA may suspend, revoke, or modify an individual's certification if the individual fails to comply with Federal lead-based paint statutes or regulations. EPA may also suspend, revoke, or modify a certified renovator's certification if the renovator fails to ensure that all assigned renovations comply with §745.85. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations.

(2) Grounds for suspending, revoking, or modifying a firm's certification . EPA may suspend, revoke, or modify a firm's certification if the firm:

(i) Submits false or misleading information to EPA in its application for certification or re-certification.

(ii) Fails to maintain or falsifies records required in §745.86.

(iii) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with Federal lead-based paint statutes or regulations. In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations.

(b) Process for suspending, revoking, or modifying certification . (1) Prior to taking action to suspend, revoke, or modify an individual's or firm's certification, EPA will notify the affected entity in writing of the following:

(i) The legal and factual basis for the proposed suspension, revocation, or modification.

(ii) The anticipated commencement date and duration of the suspension, revocation, or modification.

(iii) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive certification in the future.

(iv) The opportunity and method for requesting a hearing prior to final suspension, revocation, or modification.

(2) If an individual or firm requests a hearing, EPA will:

(i) Provide the affected entity an opportunity to offer written statements in response to EPA's assertions of the legal and factual basis for its proposed action.

(ii) Appoint an impartial official of EPA as Presiding Officer to conduct the hearing.

(3) The Presiding Officer will:

(i) Conduct a fair, orderly, and impartial hearing within 90 days of the request for a hearing.

(ii) Consider all relevant evidence, explanation, comment, and argument submitted.

(iii) Notify the affected entity in writing within 90 days of completion of the hearing of his or her decision and order. Such an order is a final agency action which may be subject to judicial review. The order must contain the commencement date and duration of the suspension, revocation, or modification.

(4) If EPA determines that the public health, interest, or welfare warrants immediate action to suspend the certification of any individual or firm prior to the opportunity for a hearing, it will:

(i) Notify the affected entity in accordance with paragraph (b)(1)(i) through (b)(1)(iii) of this section, explaining why it is necessary to suspend the entity's certification before an opportunity for a hearing.

(ii) Notify the affected entity of its right to request a hearing on the immediate suspension within 15 days of the suspension taking place and the procedures for the conduct of such a hearing.

(5) Any notice, decision, or order issued by EPA under this section, any transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section will be available to the public, except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any such hearing at which oral testimony is presented will be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or part 2 of this title.

(6) EPA will maintain a publicly available list of entities whose certification has been suspended, revoked, modified, or reinstated.

(7) Unless the decision and order issued under paragraph (b)(3)(iii) of this section specify otherwise:

(i) An individual whose certification has been suspended must take a refresher training course (renovator or dust sampling technician) in order to make his or her certification current.

(ii) An individual whose certification has been revoked must take an initial renovator or dust sampling technician course in order to become certified again.

(iii) A firm whose certification has been revoked must reapply for certification after the revocation ends in order to become certified again. If the firm's certification has been suspended and the suspension ends less than 5 years after the firm was initially certified or re-certified, the firm does not need to do anything to re-activate its certification.

[73 FR 21765, Apr. 22, 2008]

Sec. 745.92 Fees for the accreditation of renovation and dust sampling technician training and the certification of renovation firms

(a) Persons who must pay fees . Fees in accordance with paragraph (b) of this section must be paid by:

(1) Training programs —(i) Non-exempt training programs . All non-exempt training programs applying to EPA for the accreditation and re-accreditation of training programs in one or more of the following disciplines: Renovator, dust sampling technician.

(ii) Exemption . No fee shall be imposed on any training program operated by a State, federally recognized Indian Tribe, local government, or non-profit organization. This exemption does not apply to the certification of firms or individuals.

(2) Firms . All firms applying to EPA for certification and re-certification to conduct renovations.

(b) Fee amounts —(1) Certification and accreditation fees . Initial and renewal certification and accreditation fees are specified in the following table:

Training Program	Accreditation	Re-accreditation (every 4 years, see 40 CFR 745.225(f)(1) for details)
Initial Renovator or Dust Sampling Technician Course	$560	$340
Refresher Renovator or Dust Sampling Technician Course	$400	$310
Renovation Firm	Certification	Re-certification (every 5 years see 40 CFR 745.89(b))
Firm	$300	$300
Combined Renovation and Lead-based Paint Activities Firm Application	$550	$550
Combined Renovation and Lead-based Paint Activities Tribal Firm Application	$20	$20
Tribal Firm	$20	$20

(2) Lost certificate . A $15 fee will be charged for the replacement of a firm certificate.

(1) Complete the applicable portions of the “Application for Firms” in accordance with the instructions provided.

(2) Submit the application and a payment of $15 in accordance with the instructions provided with the application package.

(d) Failure to remit fees . (1) EPA will not provide certification, re-certification, accreditation, or re-accreditation for any firm or training program that does not remit fees described in paragraph (b) of this section in accordance with the procedures specified in 40 CFR 745.89.

(2) EPA will not replace a certificate for any firm that does not remit the $15 fee in accordance with the procedures specified in paragraph (c) of this section.

[74 FR 11869, Mar. 20, 2009]

EPA ICR No.: 1669.06; OMB Control No.: 2070-0158

Attachment 3

For an electronic copy of the “Renovate Right” pamphlet, go to http://epa.gov/lead/pubs/renovaterightbrochurejuly2011.pdf

EPA ICR No.: 1669.06; OMB Control No.: 2070-0158

Attachment 4

Record of Consultations with Potential ICR Respondents

Date: February 14, 2011

From: Ryan Schmit

USEPA HQ/OPPT/NPCD

To: [Addressees]

Subject: Request for assistance; renewal of "TSCA Section 406(b) Lead-Based Paint Pre-Renovation Information Dissemination" ICR

The U.S. Environmental Protection Agency (EPA) seeks your comments on the regulation set forth in 40 CFR 745, Subpart E.

Section 406(b) of Title IV of the Toxic Substances Control Act (TSCA) requires renovators to provide the owner and occupant of any residential dwelling unit or multi-family housing with a lead hazard information pamphlet. After providing the pamphlet to the owner and occupant and obtaining written acknowledgment, the renovator must keep acknowledgment records on file for three years after completion of work.

Because the regulation involves the potential collection of information from a large number of individuals, EPA is required to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for approval, and to renew the ICR every three years. EPA is currently in the process of renewing the ICR for the above-described regulation. A draft copy of the ICR renewal is attached hereto, and will also be published in the Federal Register sometime in the near future.

The requirements under this regulation directly impact the members of your organization. As such, EPA requests that you complete the attached questionnaire as thoroughly as possible to represent your organization's viewpoint on what can be done to change or improve the process. The information you provide will have an impact on government efficiency.

If you have any comments in response to the attached questions, or with respect to any other part of the information collection, please respond by return e-mail by April 15, 2011. EPA will consider those responses, as well as any public comment received in response to the Federal Register Notice identified above, in preparing a final document for OMB review. Your timely response will be greatly appreciated.

Sincerely,

Ryan Schmit

U.S. Environmental Protection Agency

Office of Chemical Safety and Pollution Prevention

Office of Pollution Prevention and Toxics

Lead, Heavy Metals, and Inorganics Branch

202-564-0610

Is the 60-day time period appropriate? Could EPA change the time period and still produce the same outcome?

Is it clear to you, based on the regulations, that you are required to distribute the pamphlet no more than 60 days prior to renovation activities, obtain written acknowledgement from the owner and occupant?

Are you interested in or currently using an electronic recordkeeping option? Would you be able to satisfy the record keeping requirements electronically?

Do you understand that you are required to maintain copies of the acknowledgment form or certification in your records for 3 years? If not, do you have suggestions to clarify instructions?

Do you agree with EPA’s burden estimate and cost (ICR only addresses costs associated with paperwork)?

Are there any other costs that should be accounted for? Please provide an explanation.

Do you have any other comments on this Information Collection Request?

1 Common areas are portions of a building generally accessible to all occupants, including – but not limited to – hallways, stairways, laundry rooms, recreational rooms, playgrounds, and community centers.

2 Regulatory Impact Analysis of Lead-Based Paint Hazard Disclosure Regulation for Residential Renovation, U.S. Environmental Protection Agency, April 1998.

3As discussed in detail in section 4.4 of the Economic Analysis for the RRP rule (EPA 2008), public schools, private schools with more than 100 students, landlords that rent space to daycare centers in public or commercial buildings, and daycare centers in religious or other non-profit establishments are expected to perform all of their own painting and window/door projects, as well as one unscheduled maintenance event per building every year. Contractors are expected to perform all electric and plumbing/HVAC, as well as all remaining unscheduled maintenance projects in these COFs. Furthermore, contractors are expected to perform all RRP projects in private schools with less than 100 students, and in daycare centers that own their buildings.

4 The previous ICR estimated that there would be 17,754,180 renovation events per year subject to 406(b) requirements.

5 Economic Analysis for the TSCA Lead Renovation, Repair, and Painting Program Final Rule for Target Housing and Child-Occupied Facilities, U.S. Environmental Protection Agency, March 2008.

6 Certified renovators’ unloaded wage ($29.94/hour) is drawn from the 2009 full-time mean hourly earnings annual data for First-line Supervisors/managers of construction trades and extraction workers in the Bureau of Labor Statistics (BLS) National Compensation Survey: Occupational Wages in the United States, June 2010, Table 2-2 (Private industry, selected occupations, mean hourly earnings). According to 2009 BLS data for employer costs for employee compensation, wages and salaries accounted for 69.2% of employee compensation, implying a wage multiplier of 1.445 for fringe benefits. An additional 8.3% was added to the employer cost multiplier to account for overhead. This is based on the Appendix I of the National Association of Home Builders' 2010 Cost of Doing Business Study, which reported a factor of 3.5% of sales price for indirect construction costs, and 4% for general and administrative costs. (The sum of 3.5% and 4% is 7.5%. Subtracting out the 10% that NAHB reports for profit, direct and indirect costs are 90% of sales price. Taking 7.5% of 90% yields a labor overhead rate of 8.3% of wages and salaries.) an additional Adding an 8.3% overhead factor to the 44.5 % fringe benefits factor results in was added to the employer cost multiplier for overhead to estimate a multiplier of 1.53 for fully loading wages. .

7 Represents a cost of $0.10 per page to email file for printing (personal communication with Staples, September 9, 2010).

Page 58 of 58

File Type	application/msword
File Title	Supporting Statement for a Request for OMB Review under
File Modified	2011-08-03
File Created	2011-08-03

1669-06-icr

1669-06-icr.doc

Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b)

OMB: 2070-0158

Type of COF