[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4657-4659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1474]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-1007; FRL-8858-8; EPA ICR No. 1715.13; OMB Control 
No. 2070-0155]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; TSCA Section 402 and Section 404 Training and 
Certification, Accreditation and Standards for Lead-Based Paint 
Activities and Renovation, Repair, and Painting

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.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
entitled: ``TSCA Section 402 and

[[Page 4658]]

Section 404 Training and Certification, Accreditation and Standards for 
Lead-Based Paint Activities and Renovation, Repair, and Painting'' and 
identified by EPA ICR No. 1715.13 and OMB Control No. 2070-0155, is 
scheduled to expire on October 31, 2011. Before submitting the ICR to 
OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection.

DATES: Comments must be received on or before March 28, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2010-1007, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID Number EPA-HQ-OPPT-2010-1007. 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. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2010-1007. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Michelle Price, 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) 566-0744; fax number: (202) 566-0470; e-mail address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. 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 collection of information is 
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 burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. 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 and provide specific 
examples.
    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 identified 
under DATES.
    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.

III. What information collection activity or ICR does this action apply 
to?

    Affected entities: Entities potentially affected by this ICR are 
persons who provide training in lead-based paint activities and/or 
renovation, persons who are engaged in lead-based paint activities and/
or renovation, and State agencies that administer lead-based paint 
activities and/or renovation programs.

[[Page 4659]]

    Title: TSCA Section 402 and Section 404 Training and Certification, 
Accreditation and Standards for Lead-Based Paint Activities and 
Renovation, Repair, and Painting.
    ICR numbers: EPA ICR No. 1715.13, OMB Control No. 2070-0155.
    ICR status: This ICR is currently scheduled to expire on October 
31, 2011. 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 Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, are listed in 40 CFR 
part 9, are displayed either by publication in the Federal Register or 
by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection request (ICR) combines 
information collection activities defined in existing ICRs 1715.09 (ICR 
for lead-based paint activities), 1715.10 (ICR addendum for the 2008 
Renovation, Repair and Painting final rule), and 1715.12 (ICR for the 
2010 Renovation, Repair and Painting opt-out and recordkeeping final 
rule) covering the reporting and recordkeeping requirements for 
individuals or firms conducting lead-based paint activities or 
renovation in or on houses, apartments, or child-occupied facilities 
built before 1978, under the authority of sections 402 and 404 of the 
Toxic Substances Control Act (TSCA) (15 U.S.C. 2682, 2684).
    Sections 402(a) and 402(c)(3) of TSCA require EPA to develop and 
administer a training and certification program as well as work 
practice standards for persons who perform lead-based paint activities 
and/or renovations. The current regulations in 40 CFR part 745, subpart 
E, cover work practice standards, recordkeeping and reporting 
requirements, individual and firm certification, and enforcement for 
renovations done in target housing or child-occupied facilities. The 
current regulations in 40 CFR part 745, subpart L, cover inspections, 
lead hazard screens, risk assessments, and abatement activities 
(referred to as ``lead-based paint activities'') done in target housing 
and child-occupied facilities. The current regulations in 40 CFR part 
745, subpart Q, establish the requirements that State or Tribal 
programs must meet for authorization to administer the standards, 
regulations, or other requirements established under TSCA section 402. 
Section 401 of TSCA defines target housing as any housing constructed 
before 1978 except housing for the elderly or disabled or 0-bedroom 
dwellings.
    Sections 402(a) and 402(c)(3) of TSCA require reporting and/or 
recordkeeping from four entities: Firms engaged in lead-based paint 
activities or renovations in target housing and child-occupied 
facilities; individuals who perform lead-based paint activities in 
target housing and child-occupied facilities; training providers; and 
States/territories/Tribes/Alaskan native villages. This information 
collection applies to the reporting and recordkeeping requirements 
outlined in this Abstract section.
    Responses to the collection of information are mandatory (see 40 
CFR part 745). Respondents may claim all or part of a document 
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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to range between 
0.8 and 9.9 hours per response, depending upon the category of the 
respondent. 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. This 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 
which have subsequently changed; 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 here:
    Estimated total number of potential respondents: 367,815.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
Varies.
    Estimated total annual burden hours: 3,312,524 hours.
    Estimated total annual costs: $149,223,301. This includes an 
estimated burden cost of $149,223,301 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

 IV. Are there changes in the estimates from the last approval?

    There is a decrease of 497,229 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects: EPA's revisions to the 
estimated number of respondents based on the number of respondents 
reporting to the Agency under the prior information collection, EPA's 
revisions to per-activity burden estimates to simplify some assumptions 
and to make estimation methods consistent, and characterization as 
Agency burden; some burden elements that had previously been described 
as respondent burden. See the supporting statement for details about 
revisions to burden estimates. This change is an adjustment.

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: January 19, 2011.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2011-1474 Filed 1-25-11; 8:45 am]
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