[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 8964-8966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4240]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00286; FRL-6488-1]


TSCA Sections 402/404 Training, Certification, Accreditation, and 
Standards for Lead-Based Paint Activities; Request for Comment on 
Renewal of Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), EPA is seeking public comment and information on 
the following Information Collection Request (ICR): TSCA Sections 402/
404 Training, Certification, Accreditation, and Standards for Lead-
Based Paint Activities (EPA ICR No. 1715.03, OMB No. 2070-0155). This 
ICR involves a collection activity that is currently approved and 
scheduled to expire on May 31, 2000. The information collected under 
this ICR will help EPA ensure that individuals engaged in lead-based 
paint activities (i.e., activities that prevent, detect or eliminate 
hazards associated with lead-based paint) are properly trained; that 
training programs are accredited; that contractors engaged in such 
activities are certified; that activities are conducted according to 
reliable, effective and safe work practice standards; and that States 
and Indian Tribes that seek Federal authorization to administer and 
enforce lead-based paint activities establish programs that address the 
above requirements. The ICR describes the nature of the information 
collection activity and its expected burden and costs. Before 
submitting this ICR to the Office of Management and Budget (OMB) for 
review and approval under the PRA, EPA is soliciting comments on 
specific aspects of the collection.

DATES: Written comments, identified by the docket control number OPPTS-
00286 and administrative record number AR-222, must be received on or 
before April 24, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPPTS-00286 and administrative record number AR-222 in 
the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Joseph S. Carra, Deputy Director, Office of Pollution Prevention and 
Toxics (7401), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; TDD: (202) 554-
0551; e-mail address: [email protected].
    For technical information contact: Ellie Clark, National Program 
Chemicals Division (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 260-3402; fax 
number: (202) 260-0018; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you provide 
training in lead-based paint activities, are engaged in lead-based 
paint activities, or are a State Agency administering lead-based paint 
activities. Potentially affected categories and entities may include, 
but are not limited to:

------------------------------------------------------------------------
             Type of business                         SIC codes
------------------------------------------------------------------------
General contractors - Single family homes   1521
General contractors - Residential           1522
 buildings, other than single family
Operative builders                          1531
Other nonresidential buildings              1542
Painting contractors                        1721

[[Page 8965]]

 
Plastering, dry wall, acoustical,           1742
 insulation work
Carpentry work contractors                  1751
Roofing, siding, sheet metal work           1761
Wrecking and demolition                     1795
Miscellaneous trade contractors, NEC        1799
Schools: Industrial, technical and trade    8249
 vocational schools, NEC
Vocational guidance training programs and   8299
 services
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining whether or not this 
action might apply to certain entities. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under ``FOR FURTHER INFORMATION 
CONTACT.''

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 401-0527 and select items 4078 and 4079 
for a copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPPTS-00286 and administrative record number AR-
222. The official record consists of the documents specifically 
referenced in this action, any public comments received during an 
applicable comment period, and other information related to this 
action, including any information claimed as Confidential Business 
Information (CBI). This official record includes the documents that are 
physically located in the docket, as well as the documents that are 
referenced in those documents. The public version of the official 
record does not include any information claimed as CBI. The public 
version of the official record, which includes printed, paper versions 
of any electronic comments submitted during an applicable comment 
period, is available for inspection in the TSCA Nonconfidential 
Information Center, North East Mall Rm. B-607, Waterside Mall, 401 M 
St., SW., Washington, DC. The Center is open from noon to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Center is (202) 260-7099.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-00286 and administrative 
record number AR-222 on the subject line on the first page of your 
response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: ``[email protected],'' or mail your computer disk to the 
address identified in Units III.A.1. and 2. Do not submit any 
information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file format. 
All comments in electronic form must be identified by docket control 
number OPPTS-00286 and administrative record number AR-222. Electronic 
comments may also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person identified under ``FOR FURTHER 
INFORMATION CONTACT.''

C. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number and administrative record number assigned to this action 
in the subject line on the first page of your response. You may also 
provide the name, date, and Federal Register citation.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(PRA), EPA specifically solicits comments and information to enable it 
to:
    1. Evaluate whether the proposed collections of information are 
necessary

[[Page 8966]]

for the proper performance of the functions of the Agency, including 
whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

IV. What Information Collection Activity or ICR Does this Action 
Apply to?

    EPA is seeking comments on the following ICR:
    Title: TSCA Sections 402/404 Training, Certification, 
Accreditation, and Standards for Lead-Based Paint Activities.
    ICR numbers: EPA ICR No. 1715.03, OMB No. 2070-0155.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2000. 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 
information collections appear on the collection instruments or 
instructions, in the Federal Register notices for related rulemakings 
and ICR notices, and, if the collection is contained in a regulation, 
in a table of OMB approval numbers in 40 CFR part 9.
    Abstract: This information collection applies to reporting and 
recordkeeping requirements found in sections 402 and 404 of the Toxic 
Substances Control Act (TSCA) and applicable regulations at 40 CFR part 
745. The purposes of the requirements under TSCA section 402 are to 
ensure that individuals conducting activities that prevent, detect, and 
eliminate hazards associated with lead-based paint in residential 
facilities, particularly those occupied or used by children, are 
properly trained and certified, that training programs providing 
instruction in such activities are accredited, and that these 
activities are conducted according to reliable, effective, and safe 
work practice standards. The TSCA section 404 regulations include 
reporting and recordkeeping requirements that apply to States and 
Indian Tribes that seek Federal authorization to administer and enforce 
State and Tribal programs that regulate lead-based paint activities 
based on the section 402 regulations. The overall goals of the section 
402 and section 404 regulations and the reporting and recordkeeping 
requirements found therein are to ensure the availability of a trained 
and qualified workforce to identify and address lead-based paint 
hazards in residences, and to protect the general public from exposure 
to lead hazards.
    Responses to the collection of information are mandatory (see 40 
CFR part 745). Respondents may claim all or part of a notice 
confidential. EPA will disclose information that is covered by a claim 
of confidentiality only to the extent permitted by, and in accordance 
with, the procedures in TSCA section 14 and 40 CFR part 2.

V. What are EPA's Burden and Cost Estimates for this ICR?

    Under the PRA, ``burden'' means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal Agency. For this 
collection it includes the time needed to review instructions; develop, 
acquire, install, and utilize technology and systems for the purposes 
of collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to average 17.2 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: Persons who provide training in 
lead-based paint activities or engage in lead-based paint activities; 
or a State Agency administering lead-based paint activities.
    Estimated total number of potential respondents: 21,529.
    Frequency of response: On occasion.
    Estimated total/average number of responses for each respondent: 1 
or more, depending on type of respondent.
    Estimated total annual burden hours: 371,214.
    Estimated total annual burden costs: $12,040,927.

VI. Are There Changes in the Estimates from the Last Approval?

    Compared with the information collection most recently approved by 
OMB, there is a net decrease of 32,327 hours in the estimated burden to 
respondents, from an estimated annual total burden of 403,541 hours 
currently approved to an average annual total burden of 371,214 hours 
in this request. This decrease reflects a number of factors. The 
initial ICR was developed before any of the applicable program 
activities were underway and relied on burden estimates developed in 
the TSCA sections 402/404 Regulatory Impact Analysis and experience 
with other similar rules. Better estimates are now available on the 
likely burden to States and EPA under this rule. In addition, a more 
accurate estimate of the number of States that will obtain 
authorization to run their own programs is available; the initial ICR 
assumed all States would seek authorization. The third change is an 
update in wage rates to reflect current economic conditions. Finally, 
this ICR includes the costs and burden to the States for administering 
their programs.

VII. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce 
the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
``FOR FURTHER INFORMATION CONTACT.''

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: February 15, 2000.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 00-4240 Filed 2-22-00; 8:45 am]
BILLING CODE 6560-50-F