[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78084-78087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30412]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2014-0486; FRL-9915-17]


Agency Information Collection Activities; Proposed Renewal and 
Consolidation of Several Currently Approved Collections; Comment 
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit a request to renew 
and consolidate three currently approved Information Collection 
Requests (ICRs) to the Office of Management and Budget (OMB). The 
consolidated ICR is entitled: ``Lead Training, Certification, 
Accreditation and Authorization Activities'' and identified by (EPA ICR 
No. 2507.01 and OMB Control No. 2070-(NEW)). This new ICR consolidates 
the following three ICRs, whose existing approval EPA is seeking to 
renew in order to allow for the consolidated ICR to complete the PRA 
process: ``Lead-Based Paint Pre-Renovation Information Dissemination--
TSCA Sec. 406(b)'' (EPA ICR No. 1669.06, OMB Control No. 2070-0158; 
scheduled to expire on April 30, 2015); ``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 Control No. 2070-0155; scheduled to expire on December 
31, 2015); and ``Lead; Clearance and Clearance Testing Requirements for 
the Renovation, Repair, and Painting Program'' (EPA ICR No. 2381.02, 
OMB Control No. 2070-0181; scheduled to expire on April 30, 2015). 
Before submitting these ICRs to OMB for review and approval under the 
PRA, EPA is required to solicit comments on specific aspects of the 
information collections. Please note that the three ICR renewals are 
exactly the same as the ICRs that are currently approved. The Agency 
has not made any changes to these renewal ICRs because the covered 
activities are being consolidated, along with the estimated burdens, 
into the consolidated ICR.

DATES: Comments must be received on or before February 27, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2014-0486, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     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: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Hans Scheifele, National Program Chemicals Division, (7404-T), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (202) 564-3122; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
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. Submit your comments by the deadline identified under DATES.
    6. Identify the docket ID number assigned to the ICR in the subject 
line on the first page of your response. You may also provide the ICR 
title and related EPA and OMB numbers.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information subject to PRA approval 
unless it displays a currently valid OMB control number. The OMB 
control numbers for the EPA regulations in title 40 of the Code of 
Federal Regulations (CFR), after appearing in the preamble of the final 
rule, are further displayed either by publication in the Federal 
Register or by other appropriate means, such as on the related 
collection instruments or

[[Page 78085]]

form, if applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in a list at 40 CFR 9.1.
    As used in the PRA context, burden is defined in 5 CFR 1320.3(b).

IV. What ICRs does this request apply to?

A. New Consolidated ICR

    Title: Lead Training, Certification, Accreditation and 
Authorization Activities.
    ICR numbers: EPA ICR No. 2507.01; OMB Control No. 2070-(NEW).
    ICR status: This is a new ICR that reflects the consolidation of 
the three ICRs identified in unit IV.B.
    Abstract: This information collection involves third-party 
notification, required under section 406(b) of the Toxic Substances 
Control Act (TSCA), to owners and occupants of housing that will inform 
such individuals about the dangers of lead-contaminated dust and lead-
based paint debris that are sometimes generated during renovations of 
housing where lead-based paint is present, thereby aiding them in 
avoiding potentially hazardous exposures and 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. Section 406(b) of TSCA requires EPA to 
promulgate regulations requiring certain persons who perform 
renovations for compensation on target housing 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. 
Further, the firm performing the renovation must keep records 
acknowledging receipt of the pamphlet on file for 3 years after 
completion of work. Those who fail to provide the pamphlet or keep 
records as required may be subject to both civil and criminal 
sanctions.
    This information collection also addresses 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 TSCA. These sections and their implementing 
regulations 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. 40 CFR part 
745, subpart E, covers work practice standards, recordkeeping and 
reporting requirements, individual and firm certification, and 
enforcement for renovations done in target housing or child-occupied 
facilities. 40 CFR part 745, subpart L, covers inspections, lead hazard 
screens, risk assessments, and abatement activities (referred to as 
``lead-based paint activities'') done in target housing and child-
occupied facilities. 40 CFR part 745, subpart Q, establishes 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.
    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. The 
consolidated ICR, a copy of which is available in the docket, provides 
a detailed explanation of this estimate, which is only briefly 
summarized here.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to range between 
0.2 hours per response and 10.2 hours per response, depending upon the 
nature of the respondent.
    Respondents/Affected entities: Entities potentially affected by 
this ICR include persons who are engaged in lead-based paint activities 
and/or perform renovations of target housing or child-occupied 
facilities for compensation, dust sampling, or dust testing; or who 
perform lead-based paint inspections, lead hazard screens, risk 
assessments or abatements in target housing or child-occupied 
facilities; or who provide training or operate a training program for 
individuals who perform any of these activities; or state, territorial 
or Native American agencies that administer lead-based paint activities 
and/or renovation programs.
    Estimated total number of potential respondents: 588,357.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
46.3.
    Estimated total annual burden hours: 5,585,213 hours.
    Estimated total annual costs: $277,147,047. This includes an 
estimated cost of $0 for capital investment or maintenance and 
operational costs.

B. Renewal of Existing ICRs

    EPA intends to seek the renewal of the existing approvals for the 
following three ICRs in order to provide sufficient time to allow for 
the consolidated ICR to complete the PRA process. The three ICR 
renewals are exactly the same as the ICRs that are currently approved. 
The Agency has not made any changes to these renewal ICRs because the 
covered activities and related burdens are being consolidated into the 
new ICR described in Unit IV.A.
    1. Renewal under OMB Control No. 2070-0158.
    Title: Lead-Based Paint Pre-Renovation Information Dissemination--
TSCA Sec. 406(b).
    ICR numbers: EPA ICR No. 1669.07; OMB Control No. 2070-0158.
    ICR status: This ICR is scheduled to expire on April 30, 2015. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this renewal submission is pending 
at OMB.
    Abstract: This ICR involves third-party notification to owners and 
occupants of housing that will inform such individuals about the 
dangers of lead-contaminated dust and lead-based paint debris that are 
sometimes generated during renovations of housing where lead-based 
paint is present, thereby aiding them in avoiding potentially hazardous 
exposures and 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. Section 406(b) of TSCA requires EPA to promulgate 
regulations requiring certain persons who perform renovations for 
compensation on target housing 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. Further, 
the firm performing the renovation must keep records acknowledging 
receipt of the pamphlet on file for 3 years after completion of work. 
Those who fail to provide the pamphlet or keep records as required may 
be subject to both civil and criminal sanctions.
    Responses to the collection of information are mandatory (see 40 
CFR 745, subpart E). 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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is

[[Page 78086]]

estimated to average about 0.23 hours per response. The ICR, a copy of 
which is available in the docket, provides a detailed explanation of 
this estimate, which is only briefly summarized here.
    Respondents/Affected entities: Entities potentially affected by 
this action are certain persons performing renovations of target 
housing, constructed prior to 1978, for compensation.
    Estimated total number of potential respondents: 320,504.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
35.4.
    Estimated total annual burden hours: 2,577,280 hours.
    Estimated total annual costs: $140,498,539. This includes an 
estimated cost of $0 for capital investment or maintenance and 
operational costs.
    2. Renewal under OMB Control No. 2070-0155.
    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. 1715.14; OMB Control No. 2070-0155.
    ICR status: This ICR is scheduled to expire on December 31, 2015. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this renewal submission is pending 
at OMB.
    Abstract: This ICR covers 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 TSCA sections 402 
and 404 (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 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.
    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. The ICR, a copy of which is available in the 
docket, provides a detailed explanation of this estimate, which is only 
briefly summarized here.
    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.
    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: $151,077,143. This includes an 
estimated cost of $0 for capital investment or maintenance and 
operational costs.
    3. Renewal under OMB Control No. 2070-0181.
    Title: Lead; Clearance and Clearance Testing Requirements for the 
Renovation, Repair, and Painting Program.
    ICR numbers: EPA ICR No. 2381.03; OMB Control No. 2070-0181.
    ICR status: This ICR is scheduled to expire on April 30, 2015. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this renewal submission is pending 
at OMB.
    Abstract: This ICR covers revisions to the 2008 Renovation, Repair, 
and Painting (RRP) rule which established reporting and recordkeeping 
requirements for individuals and firms conducting renovations in target 
housing, which is most housing constructed before 1978, and child-
occupied facilities, which are pre-1978 residential, public, or 
commercial buildings where children under 6 are regularly present. EPA 
is revising the RRP rule under the authority of TSCA sections 402, 404 
and 407.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.9 
hours for training providers. The ICR, a copy of which is available in 
the docket, provides a detailed explanation of this estimate, which is 
only briefly summarized here.
    Respondents/Affected entities: Entities potentially affected by 
this ICR include training programs providing training services in lead-
based paint activities and renovations.
    Estimated total number of potential respondents: 170.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
89.
    Estimated total annual burden hours: 151 hours.
    Estimated total annual costs: $27. This includes an estimated cost 
of $0 for capital investment or maintenance and operational costs.

V. Are there changes in the estimates from the last approvals?

    The Agency has not made any changes to the three ICRs that are 
currently approved and whose renewal is being sought because changes to 
the information collection activities and burdens and adjusted 
estimates are in the consolidated ICR. Once consolidated, the new ICR 
is expected to reflect an overall decrease of 677,579 hours in the 
total estimated combined respondent burden that is currently approved 
by OMB. This decrease reflects changes in EPA's estimates of the burden 
including: Revisions to the estimated number of respondents based on 
the number of respondents reporting to EPA for the prior information 
collection; the fact the housing market and related industries 
including

[[Page 78087]]

housing rentals, property management and building renovation have yet 
to recover from the drop in the housing market; and the use of actual 
certification data instead of broader assumptions about industry 
behavior. Further details about these changes are included in the 
supporting statement for the new consolidated ICR. This change is an 
adjustment.

VI. What is the next step in the process for this ICR?

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

    Authority:  44 U.S.C. 3501 et seq.

    Dated: November 13, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2014-30412 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P