[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Notices]
[Pages 58268-58269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24112]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-1007; FRL-9467-1]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; 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 (44 U.S.C. 3501 
et seq.), this document announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: TSCA Section 402 and Section 
404 Training and Certification, Accreditation and Standards for Lead-
Based Paint Activities and Renovation, Repair, and Painting; EPA ICR 
No. 1715.13, OMB No. 2070-0155. The ICR, which is abstracted below, 
describes the nature of the information collection activity and its 
expected burden and costs.

DATES: Additional comments may be submitted on or before October 20, 
2011.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2010-1007 to (1) EPA online using http://www.regulations.gov (our 
preferred method), by e-mail to [email protected] or by mail to: 
Document Control Office (DCO), Office of Pollution Prevention and 
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Pamela Myrick, Acting Director, 
Environmental Assistance Division, Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, Mail code: 7408-M, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On January 26, 2011 (76 FR 4657), EPA sought comments on this 
renewal pursuant to 5 CFR 1320.8(d). EPA received multiple comments 
during the comment period, which are addressed in the Supporting 
Statement. Any comments related to this ICR should be submitted to EPA 
and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA EPA-HQ-OPPT-2010-1007, which is available for online viewing at 
http://www.regulations.gov, or in person inspection at the OPPT Docket 
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Reading Room is 
202-566-1744, and the telephone number for the Pollution Prevention and 
Toxics Docket is 202-566-0280. Use http://www.regulations.gov 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.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in http://www.regulations.gov as EPA receives them and without change, 
unless the comment contains copyrighted material, confidential business 
information (CBI), or other information whose public 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 http://www.regulations.gov. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in http://www.regulations.gov. For further information 
about the electronic docket, go to http://www.regulations.gov.
    Title: TSCA Section 402 and Section 404 Training and Certification, 
Accreditation and Standards for Lead-Based Paint Activities and 
Renovation, Repair, and Painting.
    ICR Status: This is a request to renew an existing approved 
collection. This ICR is scheduled to expire on October 31, 2011. Under 
OMB regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB.
    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

[[Page 58269]]

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. 
(See Attachment 2 for 40 CFR part 745, subparts E, L and Q.) 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 above.
    Responses to the collection of information are mandatory (see 40 
CFR part 745, subparts E, L and Q). Respondents may claim all or part 
of a notice as CBI. EPA will disclose information that is covered by a 
CBI claim only to the extent permitted by, and in accordance with, the 
procedures in 40 CFR part 2.
    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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.8 
hours for individuals, 9.9 hours for firms, and 5.8 hours for 
governments per response. Burden is defined in 5 CFR 1320.3(b).
    Respondents/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.
    Frequency of Collection: Annual.
    Estimated Average Number of Responses for Each Respondent: Varies.
    Estimated No. of Respondents: 367,815.
    Estimated Total Annual Burden on Respondents: 3,312,524 hours.
    Estimated Total Annual Labor Costs: $151,077,143.
    Changes in Burden Estimates: This request reflects a decrease of 
497,229 hours (from 3,809,753 hours to 3,312,524 hours) in the total 
estimated respondent burden from that currently in the OMB inventory. 
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. The 
Supporting Statement provides details on the change in burden estimate. 
The change is an adjustment.

    Dated: September 13, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-24112 Filed 9-19-11; 8:45 am]
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