August 13, 2007

Document Control Office (7407M)

Office of Pollution Prevention and Toxics (OPPT)

Environmental Protection Agency

1200 Pennsylvania Ave, NW

Washington, DC 20460-0001

Re: Lead-Based Paint Pre-Renovation Information Collection Request

To Whom It May Concern:

On behalf of the NATIONAL ASSOCIATION OF REALTORS (NAR) and the
Institute of Real Estate Management (IREM), I am pleased to offer the
following comments in response to a recent Information Collection
Request. With over one million members nationwide, NAR is the largest
professional trade association in the country. NAR members are engaged
in all aspects of commercial and residential real estate transactions.
IREM, an affiliated organization of NAR, represents members who own and
manage commercial and multifamily properties nationwide.

Because both NAR and IREM members are involved in extensive property
management activities, they have an interest in ensuring that the
current lead-based paint regulatory system protects the health of their
tenants without being overly burdensome for owners to administer and
operate. As a result of the experiences of our members, we would like to
share with you several concerns with the lead-based paint pre-renovation
regulations, as they are currently implemented.

**The Regulations Have Resulted In An Explosion of Paperwork**

For owners and managers of multifamily properties, distributing the
pamphlet prior to every renovation activity has become an extremely
burdensome activity. The main problem is getting the information to the
appropriate tenants in a timely manner, and obtaining tenant signatures.
Although Section 406 (b) of the Toxic Substances Control Act (TSCA)
states that pre-renovation dissemination is the responsibility of the
third-party contractor, in cases where such a contractor is utilized for
the renovation activity, many owners and managers are not confident that
the contractor will follow the necessary steps to be in compliance with
TSCA 406(b). Therefore, owners and managers have taken it upon
themselves to distribute the pamphlets and obtain the necessary
signatures, in order to ensure compliance.

The issue is further complicated depending upon the type of housing that
is being notified. Multifamily properties and single family units each
present different problems. For multifamily properties, the notification
process has caused confusion among tenants about exactly what is being
renovated, the risks associated with the renovation, and who may be
impacted by the renovation.

Single family units present different concerns, such as whether or not
the tenants have seen and reviewed the information provided, and other
tenant communication problems. Storage and distribution of the pamphlet,
obtaining and filing the signed acknowledgement, certified mailings
receipts and other paperwork requirements have all resulted in an
enormous paperwork burden for property managers. These requirements may
have the perverse effect of property managers delaying needed structural
maintenance and repairs because of the burden to conduct these
pre-renovation dissemination activities.

A more cost effective approach would be to allow owners/agents to notify
tenants on an annual basis that renovation work may be conducted
throughout the year in the building, and to post warning/informational
signs adjacent to the work activity when it is being conducted.

**The Costs to Property Owners and Managers Are Adding Up**

The costs to conduct pre-renovation dissemination activities for
property owners and managers are not insignificant. Because of the
frequency of maintenance and renovation activities, particularly in
large multifamily properties, there are continuous cycles of
notification. It takes many hours to order or make copies of the
pamphlet, distribute the pamphlet, obtain and correctly file the signed
acknowledgement form, answer questions about the renovation activity,
find hard-to-reach tenants to obtain their signature, mail the pamphlet
and obtain the certified mail receipt, while also conducting the other
activities that are required to operate a high-quality multifamily
residential property. The costs are difficult to quantify, but could
include hiring of property management staff, overtime hours and salary,
and other costs. These costs are passed through to the tenant in the
form of higher rents, thus driving up the costs to the tenant to reside
in the property.

**Does This Activity Protect the Tenant From the Risks of Lead-Based
Paint?**

NAR and IREM members are concerned that all of the activities associated
with the pre-renovation dissemination requirements actually result in
very little, if any, meaningful risk reduction. In large multifamily
developments, particularly when renovation activities are frequent and
regular, the pamphlets tend to be ignored by tenants after one or two
initial renovation activities. While the information may be useful, the
format and context in which it is presented diminishes the value of the
material over time. The nexus between these activities and tenant
protection from the hazards of lead-based paint is tenuous at best.

**Questions From the Information Collection Request**

Several questions were posed on the Information Collection Request, some
of which were applicable to our members. Our answers to these specific
questions follow:

1.  Is the 60-day time period appropriate? Could EPA change the time
    period and still produce the same outcome?

    No. Tenants are confused by repeated requests to sign for the same
    documents. As noted previously, we urge EPA to change the time
    period to an annual notification, and allow owners/agents to post
    signs reminding tenants of the dangers of lead paint exposure
    whenever work is done (but not require additional
    notification/signatures).

2.  Is it clear to you, based on the regulations, that you are required
    to distribute the pamphlet no more than 60 days prior to renovation
    activities, obtain written acknowledgement from the owner and
    occupant.

Yes

3.  Are you interested in using an electronic notification/record
    keeping option.

Yes

4.  If the option were available would you do it and satisfy the
    requirements by keeping electronic files?

    Yes

**Conclusion**

NAR and IREM appreciate the opportunity to offer our comments and
perspectives regarding lead-based paint pre-renovation information
dissemination activities. From the perspective of our members, who have
extensive property management portfolios, these activities present a
significant paperwork burden, are expensive to conduct, and do not
significantly contribute to the protection of tenants from the risks of
lead-based paint during renovation activities. Please contact Russell
Riggs, at 202-383-1259, or Megan Booth at 202-383-1222 if you have any
questions regarding these comments.

Sincerely,

Chuck Achilles

Vice President, Legislation and Research

Institute of Real Estate Managment