[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60396-60397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27424]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0631; FRL-9970-90]


Agency Information Collection Activities; Proposed Collection 
(EPA ICR No. 1710.08); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: ``Residential Lead-Based Paint Hazard Disclosure 
Requirements'' and identified by EPA ICR No. 1710.08 and OMB Control 
No. 2070-0151, represents the renewal of an existing ICR that is 
scheduled to expire on October 31, 2018. Before submitting the ICR to 
OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed information collection that is summarized in 
this document. The ICR and accompanying material are available in the 
docket for public review and comment.

DATES: Comments must be received on or before February 20, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0631, 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: John Wilkins, 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) 566-0477; 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 information collection activity or ICR does this action apply 
to?

    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR number: EPA ICR No. 1710.08.
    OMB control number: OMB Control No. 2070-0151.
    ICR status: This ICR is currently scheduled to expire on October 
31, 2018. 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: Section 1018 of the Residential Lead Based Paint Hazard 
Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and 
lessors of most residential housing built before 1978 disclose known 
information on the presence of lead-based paint and lead-based paint 
hazards, and provide an EPA approved pamphlet to purchasers and renters 
before selling or leasing the housing. Sellers of pre-1978 housing are 
also required to provide prospective purchasers with ten days to 
conduct an inspection or risk assessment for lead-based paint hazards 
before obligating purchasers under contracts to purchase the property. 
The rule does not apply to rental housing that has been found to be 
free of lead-based paint, zero-bedroom dwellings, housing for the 
elderly, housing for the handicapped, or short term leases. The 
affected parties and the information collection-related requirements 
related to each are described below:
    1. Sellers of pre-1978 housing must attach certain notification and 
disclosure language to their sales/leasing contracts. The attachment 
lists the information disclosed and a statement of compliance by the 
seller, purchaser and any agents involved in the transaction.
    2. Lessors of pre-1978 housing must attach notification and 
disclosure language to their leasing contracts. The attachment, which 
lists the information disclosed and a statement of compliance with all 
elements of the rule, must be signed by the lessor, lessee and any 
agents acting on their behalf. Agents and lessors must retain the 
information for

[[Page 60397]]

three years from the completion of the transaction.
    3. Agents acting on behalf of sellers or lessors are specifically 
required by Section 1018 to comply with the disclosure regulations 
described above.
    Responses to the collection of information are mandatory (see 40 
CFR 745, Subpart F, and 24 CFR 35, Subpart H). 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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.11 
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are persons engaged in selling or leasing certain residential 
dwellings built before 1978, or who are real estate agents representing 
such parties.
    Estimated total number of potential respondents: 21,504,926.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
2.6.
    Estimated total annual burden hours: 5,952,344 hours.
    Estimated total annual costs: $130,067,754. This includes an 
estimated burden cost of $130,067,754 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

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

    There is a decrease of 514,832 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects revisions to the estimated 
number of respondents based on updates to data sources, and revisions 
based on market factors, e.g., declines in the numbers of new rentals 
and declines in the amount of owner-occupied target housing in the 
market. This change is an adjustment. See the Supporting Statement for 
details.

IV. 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 document 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.

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

    Dated: December 4, 2017.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2017-27424 Filed 12-19-17; 8:45 am]
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