[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Notices]
[Pages 1704-1707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-428]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2004-0127]; FRL-7689-9]


Reporting and Recordkeeping Requirements under EPA's Lead Safety 
Partnership (LSP) Pilot Program; Request for Comment on New Information 
Collection Activity

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): Reporting and 
Recordkeeping Requirements under EPA's Lead Safety Partnership (LSP) 
Pilot Program (EPA ICR No. 2172.01, OMB Control No. 2070-TBD). This ICR 
involves a proposed new collection activity not currently approved by 
the Office of Management and Budget (OMB). The information collected 
under this ICR relates to identifying and encouraging the use of lead-
safe work practices (LSWP) among contractors and homeowners, thereby 
helping to protect the environment and public health from risks 
associated with lead-based paint in residential facilities. The ICR 
describes the nature of the information collection activity and its 
expected burden and costs. Before submitting this ICR to 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 identification (ID) 
number OPPT-2004-0127, must be received on or before March 11, 2005.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Dave Topping, National Program 
Chemicals Division (7404T), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1974; fax 
number: (202) 566-0471; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a company 
or individual primarily engaged in renovation, remodeling, and repair, 
including general contractors such as painters, plumbers, electricians, 
and other trades, in housing properties built before 1978. Potentially 
affected entities may include, but are not limited to:
     Residential remodelers (NAICS 236118), e.g., addition, 
alteration and renovation of buildings, fire and flood restoration, 
handyman construction service, home improvement, home renovation, and 
remodeling and renovating general contractors, etc.
     Specialty trade contractors (NAICS 238), e.g., painting 
and wall covering contractors, electrical contractors, and plumbing 
contractors, etc.
     Architectural services (NAICS 541310), e.g., architectural 
private practices, consultants' offices and design services, etc.
     Paint and coating manufacturing (NAICS 325510), e.g., 
enamel paints manufacturing, lacquers manufacturing, latex paint (i.e., 
water based) manufacturing, polyurethane coatings manufacturing, wood 
fillers manufacturing, etc.
     Other construction material merchant wholesalers (NAICS 
423390), e.g., building materials merchant wholesalers, etc.
     Plumbing and heating equipment and supplies merchant 
wholesalers (NAICS 423720), e.g., plumbing supply wholesalers, etc.
     Building material and supplies dealers (NAICS 4441), e.g., 
paint and wallpaper stores, hardware retailers, plumbing supply stores, 
building materials supply dealers, etc.
     Lessors of residential buildings and dwellings (NAICS 
531110), e.g., building, apartment, rental or leasing, housing 
authorities operating residential buildings, etc.
     Building inspection services (NAICS 541350), e.g., 
building inspection services, home inspection services, building or 
home inspection bureaus, pre-purchase home inspection services, etc.
     Junior colleges, (NAICS 611210) e.g., community colleges, 
junior colleges, junior college vocational schools, etc.
     Other miscellaneous ambulatory health care services (NAICS 
621999), e.g., health screening services, etc.
     Other community housing services (NAICS 624229), e.g., 
volunteer housing assistance agencies, volunteer housing repair 
organizations, transitional housing agencies, volunteer housing repair 
organizations, work (sweat) equity home construction organizations, 
etc.
     Business associations (NAICS 813910), e.g., Chambers of 
Commerce, contractors' and construction associations, etc.
     Administration of housing programs (NAICS 9251), urban 
planning, and community development, e.g., government housing 
authorities, government community development agencies, etc.
     Regulation, licensing, and inspection of miscellaneous 
commercial sectors (NAICS 926150), e.g., government building inspection 
agencies, etc.
    This listing 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 unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether 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.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPPT-2004-0127. The official public 
docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA 
West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket

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Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The EPA Docket Center Reading Room telephone 
number is (202) 566-1744 and the telephone number for the OPPT Docket, 
which is located in the EPA Docket Center, is (202) 566-0280.
    2. Electronic access.You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

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

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPPT-2004-0127. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPPT-2004-0127. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Document Control Office (7407M), 
Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    3. By hand delivery or courier. Deliver your comments to: OPPT 
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201 
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number 
OPPT-2004-0127. 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) 564-8930.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside

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of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket 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.

E. 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 
ID 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.

F. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of 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.

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

    EPA is seeking comments on the following ICR:
    Title: Reporting and Recordkeeping Requirements under EPA's Lead 
Safety Partnership (LSP) Pilot Program.
    ICR numbers: EPA ICR No. 2172.01, OMB Control No. 2070-TBD.
    ICR status: This ICR is a new proposed information collection that 
has not been approved by OMB. 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.
    Abstract: The LSP is an EPA voluntary program that seeks to 
increase the use of LSWP among contractors and homeowners. Participants 
in the LSP fall into two categories: Members and Partners. Members are 
renovation, remodeling, painting, and other contractors in the building 
trades who work in properties built before 1978. Partners are entities 
that participate in the LSP but are not contractors. These may include 
associations, community-based organizations, retailers, lenders, 
realtors, state and local agencies.
    Members will be asked to sign a Lead Safety Partnership Member 
Agreement indicating that the contractor will train all workers in 
LSWP, inform all potential clients in housing built prior to 1978 of 
LSWP, use LSWP in such homes, and report annually to the LSP about 
numbers of jobs done with LSWP. Members will also be asked to submit a 
Lead Safety Partnership Annual Member Report on Progress in Meeting 
Goals of Agreement that will include the number of renovation and 
remodeling jobs completed in pre-1978 and other housing, number of 
employees trained, and information on the Members' satisfaction with 
the program. Partners will be asked to sign a Lead Safety Partnership 
Partner Agreement that outlines their role and level of commitment. 
Partners will also provide an Annual Partner Report on Progress in 
Meeting Goals of Agreement. This report will include information on 
services provided in the past year and Partner satisfaction with the 
program.
    EPA will use the information collected under the LSP pilot to 
determine the effectiveness of the program in increasing the use of 
LSWP. The Agency will also use feedback from Members and Partners to 
adjust the pilot program design before instituting a national LSP so 
that the program is effective and useful for all parties involved. The 
general public is also expected to use some of the information gathered 
as homeowners and others undertaking renovation and remodeling projects 
consult the LSP Member directory.
    Responses to the collection of information are voluntary. 
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.

III. 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 1.9 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: Companies and individuals involved 
in renovation, remodeling, painting, and other construction activities 
in the building trades working in properties built before 1978, and 
companies, associations, and individuals involved

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in housing activities, policies, and related issues, such as community-
based organizations, retailers, lenders, realtors, and state and local 
agencies.
    Estimated total number of potential respondents: 240.
    Frequency of response: Annually.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 377 hours.
    Estimated total annual burden costs: $14,087.

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

    No. This is a new proposed ICR.

V. 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 17, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 05-428 Filed 1-7-05; 8:45 am]
BILLING CODE 6560-50-S