[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Notices]
[Pages 105-107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33453]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-00305; FRL-6761-2]


Pre-Renovation Information Dissemination; 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), EPA is 
seeking public comment and information on the following Information 
Collection Request (ICR): Pre-Renovation Information Dissemination - 
TSCA Section 406(b) (EPA ICR No. 1669.03, OMB No. 2070-0158). This ICR 
involves a collection activity that is currently approved and scheduled 
to expire on September 30, 2001. The information collected under this 
ICR relates to requirements that persons who perform housing 
renovations provide certain information on any lead hazards created by 
the renovation to the owner and occupant of such housing prior to 
beginning renovation, thereby protecting public health and the 
environment. 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-00305 and administrative record number AR-232, must be received 
on or before March 5, 2001.

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-00305 and administrative record number AR-232 in 
the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division, 
Office of Pollution Prevention and Toxics (7408), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Ronald Morony, National Program 
Chemicals Division (7404), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 260-0282; fax number: 
(202) 260-0001; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you perform 
renovations of certain types of housing, constructed prior to 1978, for 
compensation. Potentially affected categories and entities may include, 
but are not limited to:


 
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             Type of business                        NAICS codes
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Single family housing construction          23321
Multifamily housing construction            23322
Plumbing, heating, and air-conditioning     23511
 contractors
Painting and wall covering contractors      23521
Electrical contractors                       23531
Masonry and stone contractors                23541
Carpentry contractors                        23551
Lessors of residential buildings and        53111
 dwellings
Offices of real estate agents and brokers   53121
Residential property managers               53131
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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 North American Industry Classification System (NAICS) 
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,'' ``Regulations and Proposed Rules,'' 
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 item 4085 for a 
copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPPTS-00305 and administrative record number AR-
232. 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

[[Page 106]]

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-00305 and administrative 
record number AR-232 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, 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-00305 and administrative record number AR-232. 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 listed 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 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: Pre-Renovation Information Dissemination - TSCA Section 
406(b).
    ICR numbers: EPA ICR No. 1669.03, OMB No. 2070-0158.
    ICR status: This ICR is currently scheduled to expire on September 
30, 2001. 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 involves third-party 
notification to owners and occupants of housing that will allow these 
individuals to avoid exposure to lead-contaminated dust and lead-based 
paint debris that are sometimes generated during renovations of housing 
where lead-based paint is present, thereby protecting public health. 
Since young children are especially susceptible to the hazards of lead, 
owners and occupants with children can take action to protect their 
children from lead poisonings. TSCA section 406(b) requires EPA to 
promulgate regulations requiring certain persons who perform 
renovations of target housing for compensation to provide a lead hazard 
information pamphlet (developed under TSCA section 406(a)) to the owner 
and occupants of such housing prior to beginning the renovation. Those 
who fail to provide the pamphlet as required may be subject to both 
civil and criminal sanctions.
     Responses to the collection of information are mandatory (see 40 
CFR

[[Page 107]]

part 745, subpart E). 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 0.96 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: 3,046,000.
    Estimated total number of potential respondents: 3,046,000.
    Frequency of response: On occasion.
    Estimated average number of responses for each respondent: 5.
    Estimated total annual burden hours: 2,938,546.
    Estimated total annual burden costs: $95,464,291.

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

    There is a net increase of 606,949 hours (from 2,331,597 hours to 
2,938,546 hours) in the total estimated respondent burden compared with 
that identified in the information collection request most recently 
approved by OMB. This increase is attributable to changes in disclosure 
burden with the current renewal assuming a higher disclosure burden for 
the rule. This increase is offset in part by decreases in start-up 
burden resulting from the elimination of start-up burden estimates for 
existing renovators and rental property managers (but not new entrants 
to these occupations) and in the estimated number of renovation events 
in the current renewal compared to the existing information collection.

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: December 22, 2000.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 00-33453 Filed 12-29-00; 8:45 am]
BILLING CODE 6560-50-S