**Supporting Statement for a Request for OMB Review under**

**The Paperwork Reduction Act**

**1 IDENTIFICATION OF THE INFORMATION COLLECTION**

**1(a) Title and Number of the Information Collection**

**Title: TSCA Sections 402 and Section 404 Training, Certification,
Accreditation and Standards for Lead-Based Paint Activities**

**EPA ICR No.: 1715.09 OMB Control No: 2070-0155**

**1(b) Short Characterization**

This information collection request (ICR) updates existing ICR 1715.06
covering the reporting and recordkeeping requirements of the final
rulemaking addressing lead-based paint activities under the authority of
sections 402 and 404 of the Toxic Substances Control Act (TSCA) (15
U.S.C. 2682, 2684; see Attachment 1). This includes both the reporting
and recordkeeping requirements for lead-based paint professionals
conducting lead-based paint activities, and training programs providing
lead-based paint activities courses, which were promulgated under the
authority of sections 402, 404, and 407 of TSCA, and also the burden
associated with notification provisions promulgated under the final rule
entitled "Lead: Notification Requirements for Lead-based Paint
Activities and Training."

The Agency requests a three-year renewal approval for the information
collection requirements contained in the final rule addressing training,
certification, accreditation, standards, and notification for lead-based
paint (LBP) activities in target housing and child-occupied facilities
(hereafter, the "training rule"). The Agency has promulgated this rule
pursuant to sections 402 and 404 of TSCA. Section 404 allows any State
that seeks to administer and enforce standards and regulations as
protective as those developed under section 402 to submit an application
to EPA for authorization of a State program (Indian Tribes and Alaskan
Native Villages may also submit such applications).

The final training, certification, accreditation and standards
regulation requires reporting and/or recordkeeping from four entities:
States/Tribes/Alaskan Native Villages (hereafter, the term "States"
includes Tribes and Villages); training providers; and firms and
individuals engaged in LBP activities. The following sections provide a
general overview of the reporting and recordkeeping requirements for
each entity, discussed in more detail in section 4(b).

> **States.** Under TSCA section 404, EPA must review and assess State
> submissions to determine whether to grant authorization to administer
> a program addressing training, certification, accreditation and
> standards for LBP activities. A State seeking authorization will need
> to provide information to EPA so the Agency may determine whether its
> program is at least as protective of human health and the environment
> as the Federal program and whether it provides adequate enforcement.
> Authorized States need to provide a report to EPA on their activities.
>
> **Training providers.** Training programs seeking to offer training in
> LBP activities must receive EPA/State accreditation. In order for
> EPA/States to have the information necessary to evaluate and accredit
> the training programs, training providers need to prepare and submit
> application packages. Training programs also must retain certain
> records related to their students and training personnel
> qualifications. Training programs must notify the Agency 1) prior to
> providing lead-based paint activities training courses, and 2)
> following completion of lead-based paint activities training courses.
> Training programs must apply for re-accreditation every four years.
> These notification requirements are necessary to provide EPA
> compliance monitoring and enforcement personnel with information
> necessary to track compliance activity and to prioritize inspections.
>
> **Individuals/Firms.** Individuals and firms seeking to engage in LBP
> activities must receive certification from EPA/States. To gain
> certification, an individual must complete an accredited training
> course and receive a course completion certificate, pass a third-party
> certification exam, meet specific education/experience requirements,
> and demonstrate this to EPA/States. A firm must submit a letter to
> EPA/States certifying that it will employ only certified individuals
> and conduct LBP activities according to the work practice standards.
> Individuals/firms must apply for re-certification every three years.
> The rule also requires that individuals/firms develop and retain
> records of the LBP activities they undertake to demonstrate compliance
> with standards and provide a written record for future reference.
> Firms must notify the Agency prior to commencement of lead-based paint
> abatement activities. These notification requirements are necessary to
> provide EPA compliance monitoring and enforcement personnel with
> information necessary to track compliance activity and to prioritize
> inspections.

**2 NEED FOR AND USE OF THE COLLECTION**

**2(a) Need/Authority for the Collection**

Under section 402(a)(1) of TSCA, the Agency must "\...promulgate final
regulations governing lead-based paint activities to ensure that
individuals engaged in such activities are properly trained; that
training programs are accredited; and that contractors engaged in such
activities are certified. Such regulations shall contain standards for
performing lead-based paint activities, taking into account reliability,
effectiveness and safety."

Section 402(a)(2) states that "Final regulations promulgated under
\[section 402(a)\] paragraph (1) shall contain specific requirements for
the accreditation of \... training programs \... including, but not
limited to:

\- Minimum requirements for the accreditation of training providers;

\- Minimum training curricula requirements;

\- Minimum training hour requirements;

\- Minimum hands-on training requirements;

\- Minimum training competency and proficiency requirements;

\- Minimum requirements for training program quality."

Section 404(a) of TSCA states that "\[a\]ny State which seeks to
administer and enforce the standards, regulations, or other requirements
established under section 402 may\...develop and submit to the
Administrator an application, in such form as the Administrator shall
require, for authorization of such a State program." The Agency shall
approve such an application, if it finds that "\...the State program is
at least as protective of human health and the environment as the
Federal program under section 402\...and such State program provides
adequate enforcement." The statute also requires the Agency to implement
the program in States that do not receive authorization within two years
after the effective date of the rule.

Section 407 of TSCA states that regulations shall include such
recordkeeping and reporting requirements as may be necessary to ensure
effective implementation. EPA regulations under Subchapter IV of TSCA
include lead-based paint activities regulations, codified at 40 CFR Part
745 (see Attachment 2).

The Agency's final training rule fulfills these statutory mandates.

> **2(b) Use/Users of the Data**

[EPA]{.underline}

This information collection will provide EPA with the materials
necessary to authorize State programs for the training rule, as TSCA
Title IV directs, and to serve as the accrediting and certifying body in
States without authorized programs, discussed further below.

[EPA/States]{.underline}

This collection will enable EPA/States to determine compliance with and
enforce the requirements for training, certification, accreditation, and
work practice standards. Without this collection, there would be no
meaningful way of ensuring the implementation of the statutory
objective: to ensure that trained individuals perform all LBP activities
to minimize harm to occupants of structures and other parties. The work
practice standards in the rule rely on reporting and recordkeeping as a
check on proper performance of activities; the Agency chose this
approach over promulgating prescriptive standards for the conduct of LBP
activities. The rulemaking provides flexibility for individuals
performing the activities, by relying on guidance and training to help
individuals determine the best approaches and on documentation as a
"standard of performance." The Agency believes this is the best method
for accommodating a variety of LBP hazards and site-specific conditions.

It is the nature of certification and accreditation that an entity
seeking such must provide materials to the certifying or accrediting
body. The materials the Agency/State requires for these activities are
central to the activity.

It is also important to note that the re-certification and
re-accreditation requirements for individuals and training programs are
meant to ensure that training programs incorporate new developments and
technologies in their courses, and that individuals receive training in
them. The Agency believes this ensures that individuals/firms perform
LBP activities in the safest and most effective manner possible.

The specific data elements in the reports individuals/firms conducting
LBP activities must compile and retain are necessary as a reference for
building owners/residents, EPA or authorized entities. The records
demonstrate that individuals conducting the activities do so in a safe
and effective manner, according to the minimum work practice standards
established by the rule. This also assists EPA's enforcement activities.

The notification requirement is necessary to permit the Agency to target
its enforcement activities and to ensure compliance within the
contracting and training community.

**3 NON-DUPLICATION, CONSULTATION AND OTHER COLLECTION CRITERIA**

**3(a) Non-Duplication**

The Agency's collection pursuant to the TSCA 402/404/407 regulations
does not duplicate any other collection. There is no other model program
for LBP activities or associated State program approval process, and
there are currently no other Federal requirements for the training and
certification of individuals engaged in these activities, for the
accreditation of LBP training programs, or required standards for the
conduct of these activities.

**3(b) Public Notice Required Prior to ICR Submission to OMB**

Prior to submission to OMB, this ICR will be made available to the
public for comment through a Federal Register notice. The public will
have 60 days to provide comments. Any comments received will be given
consideration when completing the supporting statement that is submitted
to OMB.

**3(c) Consultations**

EPA will pursue consultations with interested parties during the
development of the renewal of this collection.

**3(d) Effects of Less Frequent Collection**

Due to the nature of this regulation and its collection, less frequent
collection is not feasible. In particular, each individual and firm must
obtain certification and re-certification, each training program must
obtain accreditation and re-accreditation as well as specific
notification and documentation prior to commencement and upon completion
of each lead-based paint activity course, and each LBP activity is a
separate and unique event requiring specific notification and
documentation. Program approval for States is a one-time activity,
although there is ongoing reporting.

**3(e) General Guidelines**

This ICR is consistent with OMB's general guidelines. The Agency is
requiring that individuals and firms maintain records for three years.
Authorized States report once a year for the first three years, and
biannually thereafter.

Training programs must maintain records for three and one-half years.
This is due to the interim certification period of six months following
an individual completing training, which allows the individual time to
apply to EPA/States to receive official certification. At such time, the
individual remains certified for three years (or five years for
individuals who have passed a proficiency test as part of their
training) before he or she must obtain refresher training and
re-certification. EPA wishes training providers to maintain records on a
particular student for as long as the individual is certified following
training. Therefore, the Agency believes the three and one-half years is
an appropriate period for the retention of such records.

**3(e) Confidentiality**

This information collection does not include questions of a confidential
nature.

**3(f) Sensitive Questions**

This information collection does not include questions of a sensitive
nature.

**4 THE RESPONDENTS AND THE INFORMATION REQUESTED**

**4(a) Respondents/NAICS Codes**

The respondents to this rule include:

1\) Training providers for LBP activities;

2\) Individuals and firms engaged in LBP activities; and

3\) State agencies.

Specific NAICS codes include:

23321 Single Family Housing Construction

23331 Manufacturing and Industrial Building Construction

23332 Commercial and Institutional Building Construction

23521 Painting and Wall Covering Contractors

23542 Drywall, Plastering, Acoustical, and Insulation Contractors

23551 Carpentry Contractors

23561 Roofing, Siding, and Sheet Metal Contractors

23594 Wrecking and Demolition Contractors

23599 All Other Special Trade Contractors

611513 Apprenticeship Training

611519 Other Technical and Trade Schools

611699 All Other Miscellaneous Schools and Instruction

92312 Administration of Public Health Programs

> 92411 Administration of Air and Water Resource and Solid Waste
> Management Programs

92511 Administration of Housing Programs

**4(b) Information Requested**

i.  Data Items

    In order to obtain authorization from EPA to administer and enforce
    a program under section 404, States must prepare:

    \- a notice of intent to seek authorization, and

    \- an application for authorization identifying the agencies
    responsible for implementation, administration, and enforcement of
    the program, and a description of the authority and responsibilities
    vested in such agencies.

    States authorized for the lead-based paint training rule must submit
    to EPA a report summarizing implementation and enforcement
    activities, including a list of enforcement actions taken and any
    changes in content, administration, or enforcement of the State
    program.

    To gain accreditation, training providers must submit the following
    documents to EPA/State:

    \- an accreditation statement that clearly indicates how the
    training program meets the minimum requirements for accreditation,
    and

    \- a quality control plan, which outlines procedures for periodic
    revision of training materials and exams, annual review of
    instructors, and adequacy of the training facilities.

    To gain certification, individuals engaged in LBP activities are
    required to submit specific materials to EPA/State:

    \- Inspectors, Risk Assessors, Supervisors: accredited training
    course completion certificate, statement certifying the individual
    meets the education/experience pre-requisites, proof of passage of
    the third-party exam;

    \- Project Designers: statement certifying individual meets the
    education/experience requirements, accredited training course
    completion certificate; and

    \- Workers: accredited training course completion certificate.

    In the performance of LBP activities, the firms and/or individuals
    must complete and retain a number of reports (contingent on the
    activity conducted), including:

    \- an inspection report describing the surfaces sampled for LBP and
    the sampling results;

    \- a lead hazard screen report, which includes an accounting of any
    paint or dust sampling results;

    \- a risk assessment report, which includes an accounting of paint,
    dust, or soil sampling results and existing hazards;

    \- an occupant protection plan identifying the measures that will be
    taken to protect building occupants from LBP hazards, and

    \- an abatement report detailing the activities undertaken to
    eliminate the hazard.

    Prior to giving a lead-based paint activity training course,
    training providers must provide notification to the Agency, using
    either the sample form entitled "Lead-Based Paint Activities
    Training Course Schedule" or a similar form containing the required
    information. Training providers may provide electronic submissions
    using the Agency's Central Data Exchange (CDX) (secure internet
    based electronic submission of data). The initial notice must
    include the following:

    \- Notification type (Original, Updated, Cancellation);

    \- Training program name, EPA accreditation number, address, and
    phone number;

    \- Course discipline, type (initial/refresher), and the language in
    which instruction will be given;

    \- Date(s) and time(s) of training;

    \- Training location(s) phone number, and street address;

    \- Principal instructor's name; and

    \- Training manager's name and signature.

    Training providers must update the Agency regarding any changes to
    training dates, course locations, course cancellations, or other
    changes made to the original notice.

    Following completion of lead-based paint activities courses,
    training providers must provide notice using either the sample form,
    entitled "Lead-Based Paint Activities Training Course Follow-Up" or
    a similar form containing the required information. Training
    providers may provide electronic submissions using the Agency's CDX.
    The notice must include the following:

    \- Training program name, EPA accreditation number, address, and
    phone number;

    \- Course discipline and type (initial/refresher);

    \- Date(s) of training;

    \- The following information for each student who took the course:

    \- Name

    \- Address

    \- Date of birth

    \- Course completion certificate number

    \- Student test score; and

    \- Training manager's name and signature.

    Certified firms must notify EPA prior to beginning lead-based paint
    abatement activities (except in emergency situations) and provide an
    updated notice if needed, using either the sample form entitled
    "Notification of Lead-Based Paint Abatement Activities" or a similar
    form containing the required information. Certified firms may
    provide electronic submissions using the Agency's CDX. Notices
    should include the following information:

    \- Notification type (Original, Updated, Cancellation);

    \- Date when lead-based paint abatement activities will start;

    \- Date when lead-based paint abatement activities will end
    (approximation using best professional judgment);

    \- Firm's name, EPA certification number, address, and phone number;

    \- Type of building (e.g. single family dwelling, multi-family
    dwelling, child-occupied facilities) on/in which abatement work will
    be performed;

    \- Property name (if applicable);

    \- Property address including apartment or unit number (if
    applicable) for abatement work;

    \- Documentation showing evidence of an EBL determination or a copy
    of the Federal/State/Tribal/Local emergency abatement order, if
    applicable;

    \- Name and EPA certification number of the project supervisor;

    \- Approximate square footage/acreage to be abated;

    \- Brief description of abatement activities to be performed; and

    \- Name, title, and signature of the representative of the certified
    firm who prepared the notification.

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ii. Respondent Activities.

    The rule specifies reporting and recordkeeping for authorized
    States, training providers, and individuals/firms undertaking LBP
    activities. The rule does not require specific forms or applications
    for submissions.

    States seeking authorization for the training rule perform the
    following activities:

    \- read the regulations;

    \- compare any existing State program requirements to the minimum
    requirements of the Federal regulation;

    \- develop and adopt new legislation as necessary;

    \- develop and promulgate new regulations as necessary;

    \- publish a notice of intent to seek authorization and provide an
    opportunity for public hearing;

    \- prepare and submit to EPA an application for program approval;

    \- maintain program application availability for public inspection
    for up to one year after submission; and

    \- submit an annual report to EPA.

    Training providers perform the following activities:

    \- read the regulation;

    \- prepare and submit an accreditation application to accrediting
    entity;

    \- submit an initial and, if needed, amended notification of courses
    to be given;

    \- provide notice of completion of all lead-based paint activities
    courses offered;

    \- retain records; and

    \- provide accrediting entity access to records as requested.

    Individuals seeking certification perform the following activities:

    \- read the regulation;

    \- submit a proof of passage of third-party exam and/or course
    completion certificate, and statement certifying individual meets
    education/experience requirements; and

    \- retain records, if individual is incorporated or acting as a
    firm.

    Firms perform the following activities:

    \- read the regulation;

    \- submit an application for certification;

    \- submit notification of abatement work, and

    \- retain records.

    **5 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION
    METHODOLOGY AND INFORMATION MANAGEMENT**

    **5(a) Agency Activities**

    EPA performs the following activities in order to authorize States:

    \- receives applications;

    \- reviews applications and compares them with the Federal program
    at 40 CFR part 745;

    \- provides applicants with letters of approval/disapproval.

    EPA performs the following activities in response to notifications:

    \- Receives, reviews and files initial notices and updates received
    from training providers;

    \- Receives, reviews and files course completion notices received
    from training providers; and

    \- Receives, reviews and files notices of abatement activities from
    lead abatement firms.

    **5(b) Collection Methodology and Management**

    This section details the data elements for each type of respondent
    and for each reporting or recordkeeping activity. Note that EPA is
    cited as the accrediting and certifying body, as State programs may
    not necessarily adopt a program requiring the submission or
    retention of exactly the same materials as in the Federal program.
    For the purposes of estimating burden in Section 6 of this ICR,
    however, the Agency assumes that States adopt the Federal program
    requirements for reporting and recordkeeping. In States without
    authorized programs, EPA is the accrediting and certifying body.

    The rule provides general instructions to States seeking EPA
    authorization under this regulation. A State may submit an
    application to EPA any time. The elements necessary for application
    are as follows:

    \- a public notice of intent to seek authorization, with an
    opportunity for public hearing;

    \- a transmittal letter from the Governor or Tribal equivalent
    requesting program approval;

    \- an Attorney General or Tribal equivalent statement certifying the
    adequacy of the State's program authority;

    \- copies of all applicable State statutes and regulations;

    \- the name of the primary agency that is or will be responsible for
    administering and enforcing the program and functions of any other
    agencies involved in administering the program;

    \- a description of the program elements and an analysis of how
    these elements relate to the Federal program elements under section
    402; and

    \- a description of the resources the State intends to devote to the
    administration and enforcement of the program.

    States authorized for this rule will need to provide a report (or
    separate reports) to EPA describing any significant changes in the
    programs and enforcement activities.

    The rule instructs training programs seeking accreditation for
    initial training programs to submit a one-time application to EPA
    covering the following elements:

    \- the training program's name, address, and telephone number;

    \- a list of courses for which it is applying for accreditation;

    \- a statement, signed by the training program manager, that
    certifies that the training program meets the minimum requirements
    (e.g., training hours) established in the rule;

    \- a copy of the test blueprint, which describes the proportion of
    test questions devoted to each major course topic;

    \- a detailed description of the facilities and equipment available
    for lecture and hands-on training;

    \- a detailed description of the procedures for conducting the
    assessment of hands-on skills;

    \- a copy of the program's quality control plan; and

    \- for programs that do not adopt the EPA model curriculum, the
    program must submit, in addition to the above materials, a copy of
    the student manuals and instructor notebooks to be used for each
    course, and a copy of the course agenda, which includes the time
    allocated for each course topic.

    Training programs must submit the following information to seek
    accreditation for refresher training courses (note that applications
    for refresher training may be simultaneously submitted with
    applications for full-length training programs):

    \- the training program's name, address, and telephone number;

    \- a list of refresher courses for which it is seeking
    accreditation;

    \- a copy of student manuals and instructor notebooks; and

    \- a statement signed by the training manager certifying compliance
    with rule provisions.

    Training programs must also seek re-accreditation from EPA every
    four years. In order to receive re-accreditation, the training
    program must submit:

    \- the training program's name, address, and telephone number;

    \- a list of courses for which it is applying for re-accreditation;

    \- a description of any changes or updates to the training facility
    or equipment that would adversely affect a student's ability to
    learn, since its last application was approved; and

    \- a statement from the training program manager that the training
    program complies at all times with all rule requirements.

    The rule specifies that training programs must retain the following
    records for three years and six months and make them available upon
    EPA request:

    \- qualifications of training managers and work practice
    instructors;

    \- current curriculum/course materials, and documents reflecting any
    changes made to these materials;

    \- the course test blueprint;

    \- information on how the hands-on assessment is conducted;

    \- the quality control plan;

    \- results of the students' hands-on skills assessments and course
    tests, and a copy of each student's course completion certificate;
    and

    \- any other material the program submitted to EPA as part of its
    accreditation application.

    The rule provides general instructions to individuals seeking
    certification to perform LBP activities. Individuals must submit a
    one-time application to EPA, including the following elements:

    \- proof of training (for all individuals);

    \- evidence that the individual meets the education or experience
    prerequisites (applicable to all but workers and inspectors); and

    \- proof of completing the standardized certification exam
    (applicable to all but workers and project designers).

    Under the rule's provisions, individuals must seek re-certification
    every three years (5 years for individuals who have passed a
    proficiency test as part of their training), submitting to EPA a
    copy of the refresher course completion certificate.

    The rule provides specific requirements for firms seeking
    certification. A firm must submit to EPA a letter indicating that
    the firm will employ only certified individuals to conduct LBP
    activities and follow the work practice standards.

    The rule requires that individuals/firms prepare reports during the
    conduct of LBP activities and maintain the reports for no fewer than
    three years. The requirements are specific to the disciplines.

    Following the conduct of an inspection, the inspector must prepare a
    report documenting the following:

    \- date of inspection;

    \- address of building and units;

    \- date of construction of building and units;

    \- unit numbers (if applicable);

    \- name, address, and telephone number of the owner of building and
    units;

    \- name, signature, and certification number of each certified
    inspector and/or risk assessor conducting testing;

    \- name, address and telephone of the certified firm employing the
    individual (if applicable);

    \- each testing method and device and/or sampling procedure
    employed, including quality control data, and, if used, the serial
    number of the XRF device;

    \- specific locations of each painted component tested for LBP; and

    \- result of the inspection expressed according to the particular
    sampling method.

    For a risk assessment:

    \- date of risk assessment;

    \- address of residences and buildings;

    \- date of construction of residences and buildings;

    \- unit numbers (if applicable);

    \- name, address and telephone number of the owner of residences and
    buildings;

    \- name, signature, and certification number of risk assessor
    conducting the assessment,

    \- name, address, and telephone number of certified firm employing
    the risk assessor (if applicable);

    \- results of visual inspection;

    \- name, address, and telephone of each recognized laboratory
    conducting analyses of samples;

    \- testing methods and sampling procedures for paint analysis
    employed;

    \- specific locations of each painted component tested for the
    presence of LBP;

    \- all data collected from on-site testing;

    \- all results of laboratory analyses on samples;

    \- any other sampling results;

    \- any background information collected prior to the activity;

    \- an evaluation of any previous inspections, analyses, or
    assessments of LBP, if applicable;

    \- description of the location and type of identified LBP hazards;
    and

    \- description of options for addressing any LBP hazards.

    For a lead hazard screen:

    \- first 15 items on the risk assessment list above; and

    \- recommendations concerning desirability of follow-up risk
    assessment.

    For all abatements, the individual/firm must first submit to EPA
    prior notification of abatement activities.

    Before an abatement, the individual/firm must prepare an occupant
    protection plan describing the measures that the individual/firm
    will take during the abatement to protect building occupants from
    exposure to lead-contaminated dust and debris.

    Following the abatement, the individual or supervisor must prepare a
    report detailing the following:

    \- start and completion dates;

    \- name and address of each individual or firm conducting the
    abatement(s) and each supervisor assigned to the project;

    \- the occupant protection plan;

    \- name, address, and signature of each certified risk assessor or
    inspector conducting sampling and the date of clearance testing;

    \- results of clearance testing and all soil analyses, and name of
    laboratory conducting them; and

    \- a detailed description of the abatement, including method
    employed, locations of rooms and/or components, reasons for
    selecting abatement methods for particular components.

    The Agency will make use of existing technology to simplify the
    lead-based paint abatement and training notification process.
    Therefore, in addition to the more traditional notification methods
    (mail, commercial delivery service, or hand delivery) the Agency
    will allow fax, and internet based submission of notifications via
    the Agency's Central Data Exchange (CDX).

    The Environmental Protection Agency is establishing a single portal
    on the Web for environmental data entering called CDX. The Agency
    accepts abatement and training program notifications through this
    system. CDX offers a faster, easier, more secure reporting option.
    CDX provides built-in data quality checks, web forms, standard file
    formats, and a user-friendly approach to reporting data.

    CDX helps reporting entities by:

    \- Reducing their reporting burden and associated costs.

    \- Enabling automated, machine-to-machine transactions eliminating
    tedious paper forms and redundant data entry.

    \- Ensuring a secure electronic environment.

    \- Improving data quality through built-in edit and data quality
    checks.

    \- Offering faster, easier click-and-send reporting with one
    consistent point of entry for reporting, one streamlined set of
    procedures, and one password.

    \- Confirming EPA's receipt of their data.

    \- Translating and distributing incoming data to the appropriate
    data system.

    CDX helps EPA by:

    \- Centralizing receipt, security, user authentication, archiving,
    translation, distribution and related user support services for
    incoming data.

    \- Eliminating redundant infrastructure and its associated cost.

    \- Enabling the Agency to streamline and simplify compliance
    reporting for everyone.

    The Agency also considered telephone notification and found it
    inappropriate because it would increase administrative burden, and
    would be less reliable due to inherent problems associated with
    transcribing verbal information. Therefore, the Agency does not
    allow telephone notification.

    **5(c) Small Entity Flexibility**

    The Agency has attempted to ensure that its regulatory requirements
    do not unduly burden small business. The certification requirements
    are very simple. A firm need only certify to the accrediting
    authority that it is employing certified individuals and that it
    will comply with the required standards. Individuals must take a
    refresher training course every three years, or five years for
    individuals who have passed a proficiency test as part of their
    training. The Agency also permits flexibility in the way information
    is prepared and presented (e.g., there are no forms to complete).
    Post-certification and accreditation, firms and training providers
    need only notify the Agency that it is commencing lead-based paint
    abatement activities or providing a lead-based paint activity
    training course (with relevant information), and that it will comply
    with the required standards.

    **5(d) Collection Schedule**

    For authorization, certification and accreditation, collection
    activities will occur according to the following schedule:

    \- States/Tribes may submit an application for program authorization
    at any time;

    \- training programs may apply to become accredited at any time;

    \- training programs must seek re-accreditation at four-year
    intervals following initial accreditation;

    \- individuals and firms may apply for certification at any time;

    \- individuals and firms must seek re-certification at three-year
    intervals (five-year intervals for individuals who have passed a
    proficiency test as part of their training) following initial
    certification.

    The Agency believes that receipt of notification five and seven
    business days respectively prior to conducting lead-based paint
    abatement activities or training courses is necessary to facilitate
    the inspection of abatement and training locations. The regulation
    also includes provisions for updating the original notification. The
    Agency determined that the time periods for initial notification
    will also apply to a change in course location, or if the course is
    to be presented earlier than described in the original notification.
    Other changes, including cancellation of courses or abatement
    projects, need only be received by the Agency at least two business
    days before a training course is scheduled to begin, or by the start
    date of an abatement activity. Such notification periods are
    appropriate to allow proper allocation of EPA compliance monitoring
    and enforcement resources, and to prevent the arrival of Agency
    personnel at the wrong location or time.

    **6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION**

    This section estimates the incremental burden and cost associated
    with the reporting and recordkeeping requirements of sections
    402 (a) and 404 of TSCA, and also with the notification requirements
    promulgated in April 2004. The burden estimates provided in this
    analysis are primarily based on the cost estimates developed in the
    1999 Economic Analysis of the Final TSCA Section 402 (a)(3)
    Lead-Based Paint Accreditation and Certification Fee Rule (Fees Rule
    EA), a data summary from a survey of nine State lead accreditation
    and certification programs (which was conducted to provide
    information for the 1999 Fees Rule EA), and data on the level of
    certification and accreditation and renewal activity observed over
    the most recent years of the program. These burden and cost
    estimates cover both initial accreditations and certifications and
    also re-accreditation and re-certification, as well as the
    associated notifications.

    Sections 6(a) and 6(b) discuss the respondents' burdens and costs,
    respectively. Section 6(c) reports EPA burdens and costs, and
    sections 6(d) through 6(f) provide summaries of the respondents'
    burdens, and provide the *Federal Register* burden statement. Each
    of sections 6(a), 6(b), and 6(c) include two parts. The first parts
    of each section consist of the analysis of the reporting and
    recordkeeping and training program elements of burden and cost that
    were previously covered in EPA ICR No. 1715.02. The second parts
    cover the notification provisions that were previously covered in
    EPA ICR 1715.05. The first parts will be referred to as
    *[Accreditation and Certification]{.underline}*. The second parts
    will be referred to as *[Notification]{.underline}*. The burden and
    cost calculations in the Notification sections are based on the
    numbers of entities and events that are developed in the
    Accreditation and Certification sections, as well as on estimates
    included in the previous ICR and in the Fees Rule EA. The estimates
    from both parts of sections 6(a), 6(b), and 6(c) are brought
    together in the summaries in sections 6(d) through 6(f).

    **6(a) Estimating Respondent Burden**

    *[Accreditation and Certification]{.underline}*

    [Introduction]{.underline}

    Four types of respondents will be affected by this information
    collection activity: 1) training providers, 2) firms performing
    lead-based paint activities, 3) individual lead-based paint
    professionals, and 4) States. The burdens and costs fall into one of
    the following categories: 1) applying for
    authorization/certification/accreditation, 2) applying for renewal
    of certification/accreditation, 3) annual reporting (or reporting
    during the course of the year), and 4) annual recordkeeping (or
    recordkeeping during the course of the year). The reporting and
    recordkeeping burden estimates include the time associated with
    completing and sending the reports to the appropriate authority, as
    well as the time required to collect the information needed to
    complete the report. The recordkeeping burden estimates include the
    time associated with copying, filing and maintaining the records. In
    addition, some States and the Federal government will be affected in
    their role as administrators of the programs.

    Sections 402/404 allow training providers, firms, and individuals to
    apply for accreditation/certification simultaneously in multiple
    States. Some entities file multi-State applications, but this is
    unlikely to have a significant effect on the estimate of the burden.
    To the extent that applicants take advantage of the relatively low
    cost of applying in additional States, this analysis may have
    overestimated the burden to these entities.

    [Projected Activities]{.underline}

    *Previous Method of Projections*

    The previous ICR was based on projections, since data on the rate of
    activities were not available. Those projections involved the
    following steps[^1]:

    \(a\) Use a variety of data sources to project the number of housing
    units with damaged lead-based paint in each of the fifty States and
    in Tribal areas.

    \(b\) Collect data on the numbers of accredited training providers
    and certified firms and individuals in those States that had
    accreditation and certification programs.

    \(c\) Use the relationship between (a) and (b) to estimate a general
    relationship between the number of housing units and the numbers of
    accredited and certified entities, and use that relationship to
    project the expected numbers of accredited and certified entities in
    each State and in Tribal areas.

    \(d\) Partition the numbers derived in (c) among States that were
    expected to administer their own programs and those that were
    expected to be administered by EPA. This generated estimates of the
    expected steady-state numbers for each type of entity, and produced
    the number of entities expected to be accredited or certified in the
    first year of the program. These projections were in two parts: the
    EPA-administered universe, and the universe of authorized States and
    Tribal areas.

    \(e\) Use estimates of expected turnover rates to project both the
    numbers of new accreditations and certifications in future years and
    the number of re-accreditations and re-certifications, for both the
    EPA-administered universe and for the universe of authorized States
    and Tribal areas.

    *Revised Method of Projections*

    Those earlier procedures were used because the program was young,
    the pattern of activities had not yet stabilized, and there was
    insufficient data on actual activities to form a basis for
    projections. It was expected that there would be a large initial
    cohort of certified firms and individuals, and a recurring wave in
    activity as that initial cohort applied for re-certification at
    three year intervals. Since then, the pattern of activities has had
    time to settle down, and the number of states and tribes
    administering their own programs has been nearly static over the
    past four years. This analysis will base the estimated number of
    future activities in areas under EPA administration on the average
    level of activities over the most recent four years. While the data
    do show substantial year-to-year variation, there does not appear to
    be a trend. In the absence of a trend, the average of past activity
    should be a reasonable predictor of the average of future activity.

    The Fees Rule EA estimated that the number of State-approved
    programs would reach 39 in year five of the program. Based on that
    number, it was further estimated that the EPA-administered area
    would constitute about 17 percent of the national universe. As of
    January 2007, there are 39 authorized State programs and three
    authorized Tribal programs, as well as authorized programs in Puerto
    Rico and the District of Columbia. The number of currently
    authorized state programs is sufficiently close to the earlier
    estimate that, in the absence of any additional information, this
    analysis will again assume that the EPA-administered areas
    constitute about 17 percent of the national universe.

    This 17 percent assumption is central to the computations of burden
    and cost in this analysis. The Agency has no comparable information
    on the level of activities in areas covered by the authorized State
    and Tribal programs. There are two prominent simple and easy options
    for projecting those numbers. One would be to just use the numbers
    from an earlier analysis. That is the method that was chosen in the
    most recent previous ICR renewal analysis, which took the number
    that had been published in 1999 in the Fees Rule EA. But the Agency
    now has a substantial record of the number of activities in the EPA
    administered areas, and those data seem to suggest that the number
    of certified and accredited entities is substantially higher than
    had been anticipated in that 1999 analysis, by almost a factor of
    two. The second prominent option would be to assume that the number
    of such entities in the State and Tribal administered areas is also
    now substantially higher than was projected in 1999. Projections in
    those areas could then be based on the available data in the EPA
    administered areas, using the 17 percent proportionality factor.
    That is the method that has been adopted in this analysis.

    This change of method, in combination with the available data, has
    resulted in a substantially higher burden estimate, larger by almost
    a factor of two. This change is directly attributable to this change
    in estimation methods and to the corrections to earlier projections
    based on the observed levels of activity, which happen to be greater
    that was earlier anticipated. This is not due to any change in the
    regulation or any change in the burden associated with any of the
    particular elements of the program and its administration.

    The following chart reports the most recent four years of data on
    certification and accreditation activities in the EPA administered
    areas. Those data are the central input in the projections of future
    activities both in those EPA administered areas and, using the 17
    percent proportionality factor, in the State and Tribal administered
    areas.

  -------------------------- -------------------- ------------ ------------ ------------ -------------
  **Data on EPA-Administered **EPA-Administered                                          
  Activity**                 Universe**                                                  

                             **FY2003**           **FY2004**   **FY2005**   **FY2006**   **Average**

  Firm initial certification 161                  293          408          219          270.25

  Firm re-certification      322                  136          107          273          209.50

  Individual initial         1,217                1,098        1,887        1,211        1,353.25
  certification                                                                          

  Individual                 347                  893          513          543          574.00
  re-certification                                                                       

  Training program initial   16                   12           8            3            9.75
  accreditation                                                                          

  Training program           11                   27           11           8            14.25
  re-accreditation                                                                       
  -------------------------- -------------------- ------------ ------------ ------------ -------------

In this analysis, the average over these four years is used as a
projection of the rate of future activity in the EPA-administered areas.
These projections in turn were used to produce estimates of activity in
the non-EPA-administered universe, based on the assumption (used in
earlier analyses) that the EPA-administered part amounts to 17 percent
of the national universe, and with the numbers all rounded to integers.

+------------------------------+-------------+-----------+-----------+
| **Estimated Annual Rate of   | **EPA-Adm   | **Non-EPA | *         |
| Future Activity**            | inistered** | Admin     | *National |
|                              |             | istered** | Universe  |
| **(all rounded to whole      |             |           | Total**   |
| numbers)**                   |             |           |           |
+------------------------------+-------------+-----------+-----------+
| Firm initial certification   | 270         | 1,320     | 1,590     |
+------------------------------+-------------+-----------+-----------+
| Firm re-certification        | 210         | 1,022     | 1,232     |
+------------------------------+-------------+-----------+-----------+
| Individual initial           | 1,353       | 6,607     | 7,960     |
| certification                |             |           |           |
+------------------------------+-------------+-----------+-----------+
| Individual re-certification  | 574         | 2,802     | 3,376     |
+------------------------------+-------------+-----------+-----------+
| Training program initial     | 10          | 47        | 57        |
| accreditation                |             |           |           |
+------------------------------+-------------+-----------+-----------+
| Training program             | 14          | 70        | 84        |
| re-accreditation             |             |           |           |
+------------------------------+-------------+-----------+-----------+

Those numbers are projections of the number of certifications and
accreditations. The number of certified or accredited entities at any
particular point in time cannot be estimated with certainty from those
projections. A rough estimate can be obtained by assuming that each
entity remains active for three years (or four years in the case of
training programs) and then decides either to renew or to withdraw from
the industry. Under that assumption, the total number will consist of
three age-class cohorts, and each cohort will consist of the entities
that either initiate or renew their enrollment in a given year. This
means, for example, that the number of existing certified firms in
EPA-administered areas will be (270 + 210) \* 3 = (480 \* 3) = 1,440.
Since it is likely that some entities that choose to withdraw from the
industry will do so prior to the end of their third year of their
certification or accreditation, these numbers will tend to overestimate
the population, all else being equal. This assumption also implies that
the number of certified firms and individuals is stable, so that the
number of new certifications each year is matched by a similar number
that choose to allow their existing certifications to lapse. This means,
for example, that there are (270 + 210) = 480 firms in EPA-administered
areas in their initial year after certification or recertification, 480
in their second year, and 480 in their third year. That is, the age
structure is uniform and the number of firms in any given year-cohort
can be determined by simply dividing the total number by three. These
assumptions are used as simplifications to permit making projections
into the future.

+------------------------------+-------------+-----------+-----------+
| **Estimated Population of    | **EPA-Adm   | **Non-EPA | *         |
| certified or accredited      | inistered** | Admin     | *National |
| entities**                   |             | istered** | Universe  |
|                              |             |           | Total**   |
| **(all rounded to whole      |             |           |           |
| numbers)**                   |             |           |           |
+------------------------------+-------------+-----------+-----------+
| Certified Firms              | 1,440       | 7,026     | 8,466     |
+------------------------------+-------------+-----------+-----------+
| Certified Individuals        | 5,781       | 28,227    | 34,008    |
+------------------------------+-------------+-----------+-----------+
| Accredited Training          | 96          | 468       | 564       |
| Providers                    |             |           |           |
+------------------------------+-------------+-----------+-----------+

It may be useful to compare those projections to the projections that
were made earlier for the 1999 Fees Rule EA. That earlier analysis
projected the number of entities on a year-by year basis, for the first
five years of the program. The numbers projected for the fifth year are
shown in the following table. It is clear that the projections used in
this current analysis, based on the available data on observed pattern
and level of activities in the EPA administered areas, are roughly twice
the size of the estimates that were reported in the 1999 Fees Rule EA.

  ------------------------------- ---------------------- ---------------- ------------
  **1999 Fees Rule EA Estimates                                           
  of certified or accredited                                              
  entities in the fifth year of                                           
  the program**                                                           

                                  **EPA-Administered**   **Non-EPA        **National
                                                         Administered**   Universe
                                                                          Total**

  Certified Firms                 700                    3,369            4,069

  Certified Individuals           2,969                  14,280           17,249

  Accredited Training Providers   30                     147              177
  ------------------------------- ---------------------- ---------------- ------------

*Proportions of Certified Individuals*

The projections above do not distinguish among the five professional
classifications for which EPA provides certification. A time-series
break down of all the data on activities by discipline comparable to and
consistent with the previous projections is not available. However, we
do have data on 16,880 certifications and renewals by discipline. We
assume for the sake of this analysis that all individual certification
and renewal activity within a given discipline is in the same
proportions as the overall set. We actually expect that the renewal rate
will vary across disciplines, so that the proportion of new
certifications to renewals for a particular discipline may not be
accurately represented in these numbers. Some disciplines undoubtedly
will have above-average renewal rates, and others will be below average.
But since the burden associated with renewal is similar to the burden of
a new certification, and since these numbers do reflect the overall
averages, the assumption of identical renewal rates across disciplines
should not affect the burden estimates.

  --------------- -------------- -------------- ----------------- --------------
  **Numbers and                                                   
  Proportions of                                                  
  Certification                                                   
  Activities by                                                   
  Discipline**                                                    

                  National                      Observed Numbers  
                  Universe of                   of Certifications 
                  Certified                     and Renewals in   
                  Individuals as                the 2003-2006     
                  Estimated in                  Data (Under EPA   
                  the Fees Rule                 Administration)   
                  EA                                              

  Discipline      Numbers        Proportions    Numbers           Proportions

  Inspectors      5,175          30.0 %         1,446             8.6 %

  Risk Assessors  4,140          24.0 %         6,627             39.3 %

  Supervisors     3,795          22.0 %         3,098             18.3 %

  Workers         3,967          23.0 %         5,309             31.4 %

  Project         172            1.0 %          400               2.4 %
  Designers                                                       
  --------------- -------------- -------------- ----------------- --------------

As seen in that table, the proportions of activities by discipline
observed in the data are roughly similar to those predicted in the Fees
Rule EA. However, we see a substantially smaller proportion of
inspectors and a larger proportion of risk assessors and workers in the
data.

The proportions that we obtained from the available data, broken down by
discipline, can be combined with previous estimates of individual
accreditation activities to give estimates of activities by year and by
discipline.

  ----------------------- ------------------ --------------- --------------
  **Projected Numbers of                                     
  Annual Certification                                       
  Activities by                                              
  Discipline** \*                                            

                          EPA-Administered   State and       National
                          Areas              Tribal Areas    Totals

  New inspectors          116                568             684

  New risk assessors      532                2,596           3,128

  New supervisors         248                1,209           1,457

  New abatement workers   425                2,075           2,500

  New project designers   32                 159             191

  Total Initial           1,353              6,607           7,960
  Certifications                                             

  Inspector renewals      49                 241             290

  Risk Assessor renewals  226                1,101           1,327

  Supervisor renewals     105                513             618

  Abatement workers       180                880             1,060
  renewals                                                   

  Project designer        14                 67              81
  renewals                                                   

  Total Re-Certifications 574                2,802           3,376
  ----------------------- ------------------ --------------- --------------

\* All projections rounded to whole numbers and adjusted to reach
consistent totals.

[Training Providers]{.underline}

*Initial Accreditation*

A training program may seek accreditation to offer courses in any of the
following disciplines: inspector, risk assessor, project designer,
supervisor, or worker. However, before training providers can apply for
accreditation, they must familiarize themselves with the specific
requirements of the rule, as well as compare the contents of their
current training courses (if any) to the requirements specified in the
rule. Included in this burden estimate is the managerial time spent in
deciding if the training provider should offer lead-based paint
training. Based on estimates provided in the *Regulatory Impact Analysis
of the Interim Rule to Revise the Asbestos Model Accreditation Plan
(MAP)* (EPA, 1993), this analysis assumes a total burden of 8 hours
associated with rule familiarization and determination of applicability.

If the training provider decides to apply for accreditation, an
application must be submitted to EPA containing the following
information:

the training provider's name, address, and telephone number,

a list of courses for which it is applying for accreditation,

a statement signed by the training program manager that clearly
indicates how the training program meets the minimum requirement for
accreditation, or a statement that indicates that the training program
will use the EPA-developed curriculum if available,

a copy of the course test blueprint, a description of the activities and
procedures for conducting the assessment of hands-on skills, and a
description of the facilities and equipment for lecture and hands on
training, and

a quality control plan, which outlines procedures for periodic revision
of training materials and exams and annual reviews of instructors.

The burden of completing the accreditation statement varies depending on
whether the training provider adopts the EPA-developed curriculum or
chooses to use their own training curriculum. The burden associated with
implementing a non-EPA curriculum, and providing documentation
demonstrating that the curriculum meets certain minimum requirements, is
significantly greater than adopting the EPA curriculum. Given the
similarity between requirements, data collected to assess the burden of
preparing an accreditation statement for training approval under the
Asbestos MAP were used to estimate the burden of the training provider
approval process required by this rule. Based on the Asbestos MAP, the
burden associated with adoption of the EPA curriculum is estimated to be
4 hours, or 40 hours if training providers use their own curriculum. At
this time, EPA possesses no information for estimating the proportion of
training providers that will adopt the EPA curriculum versus those that
will use their own. This analysis assumes that most training providers
(90 percent) will adopt the EPA curriculum, resulting in an average
burden of 7.6 hours ((0.90\*4 hours) + (0.10\*40 hours)) of professional
time for completion of the accreditation statement. The analysis further
assumes two hours of clerical time required for completion of the
accreditation statement.

The burden associated with developing the quality control plan is the
same for all training providers whether they adopt the EPA curriculum or
develop their own. Similar data for estimating the quality control plan
burden were not available in the Asbestos MAP. Due to data limitations,
this analysis assumes that the preparation of the quality control plan
will take 8 hours of professional time and 2 hours of clerical time.

*Quadrennial Reporting*

Training provider accreditations are valid for a period of 4 years.
Training providers seeking re-accreditation are required to submit an
application to the approving authority containing:

the training provider's name, address, and telephone number,

a list of courses for which it is applying for re-accreditation,

a description of any changes or updates to the training facility,
equipment, or course materials that would adversely affect the students'
ability to learn,

a statement signed by the program manager certifying that the program
complies with all of the requirements of this rule including
recordkeeping and reporting requirements.

Limited data are available regarding the burden of re-accreditation.
Therefore, this analysis makes the simplifying assumption that it will
take one-half of the time it took to apply for initial accreditation
(i.e., 4.8 hours). An audit may also be performed by the approving
authority to verify the accreditation statement and the contents of the
application. At this time, the proportion of applicants audited is
unknown. This analysis assumes that 10 percent of all programs applying
for re-accreditation will be audited in a given year. Total burden for a
training provider to prepare for and participate in an audit is assumed
to be 2 hours professional and 4 hours of clerical time because much of
the work will be assembling files for the auditor.

*Annual Recordkeeping*

There are significant first year and subsequent year recordkeeping
requirement burdens for training providers. Sections 402(a) and 404 of
TSCA require that training providers keep records on:

qualifications of the training manager and principal instructors,

curriculum/course materials, and documents reflecting any changes made
to these materials,

course test blueprint,

hands-on skills assessment methodology,

quality control plan,

student files (including hands-on skills assessments, course test
results), and

any other materials that were submitted to the EPA as part of the
program's application for accreditation.

These reports must be held for a minimum period of three and one-half
years. Chapter 9 of the *TSCA Title IV Sections 402(a) and 404: Target
Housing and Child-Occupied Facilities Final Rule Regulatory Impact
Analysis* estimates that, in total, training provider records will be 11
pages plus two pages for each of their students. The filing burden is
calculated as a per report/file burden, and is not affected by the
number of pages in the report; the number of pages only affects the cost
of materials. Therefore, the recordkeeping burden estimates for training
providers include labor associated with the filing and maintenance of
the records only (one hour of clerical time).

This analysis estimates the annual burden for all training providers to
be 2,055 hours for training providers in State-administered programs and
428 hours for training providers in EPA-administered programs. The total
annual reporting and recordkeeping burden for all training providers is
estimated to be 2,483 hours. These estimates all assume that the burden
per entity and per activity is the same in both EPA and
State-administered programs, so that the burden in any area for a given
year depends only on the estimated numbers of entities and activities in
that area for that year. Exhibit 6.1 below summarizes the burden of the
reporting and annual recordkeeping requirements for training providers.

**Exhibit 6.1 Training Providers: Reporting and Recordkeeping Burden
Estimates**

  ------------------ -------------------- -- -------------- ---- -------- ------------------ -- ---------- ------------------ ---- -- ---------- -------- -------- ---- ----
  Burden Element                             Professional                                       Clerical                              Burden                            
                                             Hours                                              Hours                                 Hours Per                         
                                                                                                                                      Training                          
                                                                                                                                      Provider                          

  *Accreditation*                                                                                                                                                       

  Rule                                       8.00                                               0.00                                  8.00                              
  Familiarization                                                                                                                                                       

  Accreditation                              7.60                                               2.00                                  9.60                              
  Statement                                                                                                                                                             

  Quality Control                            8.00                                               2.00                                  10.00                             
  Plan                                                                                                                                                                  

  *Annual Burden*                                                                                                                                                       

  Recordkeeping                              0.00                                               0.81                                  0.81                              

  *Reaccreditation                                                                                                                                                      
  Burden (In                                                                                                                                                            
  Addition to the                                                                                                                                                       
  Annual Burden)*                                                                                                                                                       

  Re-accreditation                           3.80                                               1.00                                  4.80                              

  Audit\*                                    0.20                                               0.40                                  0.60                              

  *Burden Per                                                                                                                                                           
  Training Provider*                                                                                                                                                    

  Year of Initial                                                                                                                     28.41                             
  Accreditation                                                                                                                                                         

  Second, Third, and                                                                                                                  0.81                              
  Fourth Year of                                                                                                                                                        
  Operation                                                                                                                                                             

  Year of                                                                                                                             6.21                              
  Accreditation                                                                                                                                                         
  Renewal                                                                                                                                                               

  *Training                                                                                                                                                             
  Providers Per                                                                                                                                                         
  Year*                                                                                                                                                                 

                     State-Administered                                                                    EPA-Administered                                             
                     Entities                                                                              Entities                                                     

                     number of entities                          burden                                    number of entities                             burden        
                                                                 hours                                                                                    hours         

  New Accreditations 47                                          1,335                                     10                                             284           

  Second Year Cohort 117                                         95                                        24                                             19            

  Third Year Cohort  117                                         95                                        24                                             19            

  Fourth Year Cohort 117                                         95                                        24                                             19            

  Accreditation      70                                          435                                       14                                             87            
  renewals                                                                                                                                                              

  Total burden hours                                             2,055                                                                                    428           

                                                                                                                                                                        

  *Burden Per Year*                                                                                                                                                     

                     State-Administered                                   EPA-Administered                                                       Total                  
                     Entities                                             Entities                                                               burden                 
                                                                                                                                                 hours                  

  **Burden in        2,055                                                428                                                                    2,483                  
  Hours**                                                                                                                                                               
  ------------------ -------------------- -- -------------- ---- -------- ------------------ -- ---------- ------------------ ---- -- ---------- -------- -------- ---- ----

\* This analysis assumes that 10 percent of all programs applying for
re-accreditation will be audited.

Estimates of burden hours per event taken from the Fees Rule EA and
previous ICR renewals.

[Firms Performing Lead-based Paint Activities]{.underline}

*Initial Certification*

In order to perform the lead-based paint activities that are regulated
under sections 402(a) and 404, firms performing lead-based paint
activities, such as inspections and abatements, are required to seek
certification from the approving authority. Similar to training
providers, these firms must first familiarize themselves with the
specific requirements of the rule. They must also determine if it is
profitable to enter the market for lead-based paint activities. This
analysis assumes that it will take only 6 hours for firms, as opposed to
8 hours for training providers, for rule familiarization because firms
do not need to compare and contrast as much information. If a firm
decides to enter the market, a certification letter must be sent to the
approving authority indicating that the firm will follow the standards
set forth in the rule and will employ only certified employees. The cost
of certifying individuals is discussed in a later section. The
professional burden estimate of one hour and the clerical burden
estimate of 0.5 hours for initial certification are taken from Chapter 9
of *TSCA Title IV Sections 402(a) and 404: Target Housing and
Child-Occupied Facilities Final Rule Regulatory Impact Analysis*.

*Annual Reporting and Recordkeeping*

While performing lead-based paint activities, firms are required to
complete and maintain a number of reports including:

inspection report describing the areas inspected and the results of the
inspection,

risk assessment/lead hazard screen report, which includes the sampling
results and the associated hazards,

occupant protection plan identifying the areas requiring abatement and
the methods that will be employed to remediate the hazard and protect
workers, and

abatement report detailing the activities undertaken to eliminate the
hazard.

This analysis adopts the estimates of events per firm developed in the
previous ICRs. The total numbers of events are calculated by multiplying
those numbers of events per firm by the number of firms estimated in
this ICR. The estimates for the burden per event and burden per firm are
those developed in the previous ICRs.

The analysis in the *TSCA Title IV Sections 402(a) and 404: Target
Housing and Child-Occupied Facilities Final Rule Regulatory Impact
Analysis* makes two assumptions about the certification and reporting
requirements of firms performing lead-based paint activities. First,
because it is current industry practice to report and maintain the
records from a lead inspection, there is no incremental
reporting/recordkeeping burden associated with this activity. In
addition, there are no incremental costs associated with the reporting
and recordkeeping of lead hazard screens as defined by this rule.
Second, since the various reports will be completed by the inspector,
risk assessor, project designer, or supervisor, no clerical support will
be required for the reporting requirements; clerical support will be
needed for the recordkeeping requirements.

The burden of completing the reports mentioned above varies by report
and is indicated in Exhibit 6.2. The reporting burden estimates include
the time associated with collecting the information needed to complete
the reports. In the upper portions of that exhibit, the professional
burden per firm is the reporting burden per event multiplied by the
estimated average number of each particular event per firm. Similarly,
the clerical burden per firm is the recordkeeping burden per report
multiplied by the number of events per firm. The burden hours per firm
are then the sum of the profession and clerical burdens.

The number of events per firm was estimated in previous ICR analyses by
dividing earlier estimates of the total number of events by an estimate
of the number of firms. Those per-firm estimates were used in the two
previous ICR renewal analyses, and for the sake of consistency are used
again in this analysis.

This analysis estimates the total reporting and recordkeeping burden to
all firms to be 648,581 hours per year. Exhibit 6.2 below summarizes the
burden of the reporting and annual recordkeeping requirements to firms.

**Exhibit 6.2 Firms: Reporting and Recordkeeping Burden Estimates**

  ----------------- --------- ----------- -------------- --------------- ---------- --------
  Category          Number of Reporting   Professional   Recordkeeping   Clerical   Burden
                    Events    Burden per  Burden per     Burden Per      Burden per Hours
                    per Firm  Event       Firm           Report          Firm       Per Firm

  *Certification*                                                                   

  Rule              1.00      6.00        6.00           0.000           0.000      6.00
  familiarization                                                                   

  Certification     1.00      1.5\*       1.50           0.008           0.008      1.51
  letter                                                                            
  ----------------- --------- ----------- -------------- --------------- ---------- --------

**\*** Includes 0.5 hours clerical time.

  ----------------- --------- ------- -------- ------------ ------- --------
  *Target Housing                                                   
  (including soil                                                   
  abatements)*                                                      

  Risk assessment   16.11     1.86    29.96    0.008        0.134   30.09
  and lead hazard                                                   
  screen reports                                                    

  Pre-abatement     4.51      0.50    2.25     0.008        0.037   2.29
  notifications                                                     

  Occupant          13.97     1.00    13.97    0.008        0.116   14.08
  protection plan                                                   

  Post-abatement    13.97     2.00    27.94    0.008        0.000   27.94
  reports                                                           
  ----------------- --------- ------- -------- ------------ ------- --------

  ----------------- --------- ------- -------- ------------ ------- --------
  *Child-Occupied                                                   
  Facilities                                                        
  (including soil                                                   
  abatements)*                                                      

  Risk assessment   0.12      1.09    0.14     0.008        0.001   0.14
  reports                                                           

  Pre-abatement     0.12      0.50    0.06     0.008        0.001   0.06
  notifications                                                     

  Occupant          0.12      1.00    0.12     0.008        0.001   0.13
  protection plan                                                   

  Post-abatement    0.12      2.00    0.25     0.008        0.001   0.25
  reports                                                           
  ----------------- --------- ------- -------- ------------ ------- --------

  -------------------------------------------------------------- --------
  *Burden per Firm*                                              

  Firms in year of initial certification                         82.49

  Firms in year of recertification                               76.49

  Firms in second-year cohort                                    74.98

  Firms in third-year cohort                                     74.98
  -------------------------------------------------------------- --------

  ----------------------- -------------------- ------------------ ---------------
  *Firms per Year*                                                

                          Number of            Number of          Total US Firms
                          State-Administered   EPA-Administered   
                          Firms                Firms              

  Firms in year of        1,320                270                1,590
  initial certification                                           

  Firms in year of        1,022                210                1,232
  recertification                                                 

  Firms in second-year    2,342                480                2,822
  cohort                                                          

  Firms in third-year     2,342                480                2,822
  cohort                                                          
  ----------------------- -------------------- ------------------ ---------------

  ----------------------- -------------------- ------------------ ---------------
  *Burden per Year*                                               

  Burden in hours         State-Administered   EPA-Administered   Total US Firms
                          Firms                Firms              

  Firms in year of        108,887              22,272             131,159
  initial certification                                           

  Firms in year of        78,173               16,063             94,236
  recertification                                                 

  Firms in second-year    175,603              35,990             211,593
  cohort                                                          

  Firms in third-year     175,603              35,990             211,593
  cohort                                                          

  Total burden per year   538,266              110,315            648,581
  ----------------------- -------------------- ------------------ ---------------

[Individual Abatement Professionals Burden]{.underline}

*Initial Certification*

In order to become certified to perform lead abatement activities,
individuals must apply to the certifying authority. The reporting
requirements for certification are the same for inspectors, risk
assessors, and supervisors; and for workers and project designers.
Certifications are generally valid for a period of three years. In the
fourth year, individuals trained in the first year who are still active
will need to take refresher training and get recertified. The time
associated with re-certification is less than that associated with
initial certification; however, they have been assumed to be equal for
purposes of this analysis (leading to possible overestimate of burden).

The requirements for certification for inspectors, risk assessors, and
supervisors include submitting proof of:

completion of a training course,

passing the course test,

meeting the educational and/or experience requirements (if applicable),
and

passing the third party exam.

It is estimated that it will take one hour to gather and send these
documents per individual.

The requirements for project designers and workers include proof of:

completion of a training course, and

meeting the educational and/or experience requirement (if applicable).

It is estimated that it will take one-half hour to gather and send this
document per individual.

This analysis estimates the total reporting and recordkeeping burden to
all certified individuals in each year covered by this ICR to be about
9,420 hours. Exhibit 6.3 details the total reporting and recordkeeping
burden to the individual subgroups (e.g. inspectors, risk assessors, and
workers) and summarizes the individual burden.

**Exhibit 6.3 Individual: Reporting and Recordkeeping Burden Estimates**

*Burden per Individual*

  ------------------------ -------------------- -------------------------
                           Inspectors, Risk     Workers and Project
                           Assessors, and       Designers
                           Supervisors          

  Year of Initial          1.0                  0.5
  Certification                                 

  Year of Certification    1.0                  0.5
  Renewal                                       
  ------------------------ -------------------- -------------------------

*Individuals per Year*

  --------------- -------------------- --------- ------------------ --------- ---------- ---------
                  State-Administered             EPA-Administered             Total US   
                  Areas                          Areas                                   

                  entities             burden    entities           burden    entities   burden
                                       hrs                          hrs                  hrs

  *Inspectors*                                                                           

  Initial         568                  568       116                116       684        684
  certification                                                                          

  Certification   241                  241       49                 49        290        290
  renewal                                                                                

  *Risk                                                                                  
  Assessors*                                                                             

  Initial         2,596                2,596     532                532       3,128      3,128
  certification                                                                          

  Certification   1,101                1,101     226                226       1,327      1,327
  renewal                                                                                

  *Supervisors*                                                                          

  Initial         1,209                1,209     248                248       1,457      1,457
  certification                                                                          

  Certification   513                  513       105                105       618        618
  renewal                                                                                

  *Workers*                                                                              

  Initial         2,075                1,037.5   425                212.5     2,500      1,250
  certification                                                                          

  Certification   880                  440       180                90        1,060      530
  renewal                                                                                

  *Project                                                                               
  Designers*                                                                             

  Initial         159                  79.5      32                 16        191        95.5
  certification                                                                          

  Certification   67                   33.5      14                 7         81         40.5
  renewal                                                                                

  Total burden                         7,818.5                      1,601.5              9,420
  hours                                                                                  
  --------------- -------------------- --------- ------------------ --------- ---------- ---------

[State Burden]{.underline}

*Initial Authorization*

As of January 2007 there are 39 authorized State programs and three
authorized Tribal programs, as well as authorized programs in Puerto
Rico and the District of Columbia. . This analysis assumes that no
additional States or Tribes will request authorization during the period
covered by this ICR. Based on this assumption, any burden associated
with obtaining authorization has already been incurred. While additional
States may seek authorization in the future, information is not
available at this time upon which to estimate how many and which States
may seek authorization. Thus, the number of entities to be administered
in these States is also not known.

*Reporting and Recordkeeping*

The initial ICR for this data collection estimated the burden to States
of program authorization, but did not assume administration of entities
to be a burden of this rule. However, the previous ICR renewal as well
as this one does include a burden estimate for the State and Federal
administration of training providers, firms and individuals. These
estimates have been developed using State-level survey data collected
for the *Economic Analysis of the Final TSCA Section 402(a)(3)
Lead-Based Paint Accreditation and Certification Fee Rule*, as well as
using the estimates of the number of activities in State-administered
areas reported earlier in this analysis.

The State-level survey data provide burden hours for the following
activities for both the certification and re-certification of
State-administered training providers, firms, and individuals:

-   Application processing and recordkeeping

-   Certification exam processing and recordkeeping

-   Training course audits

-   Fee transactions and waivers

-   Issuance of certification documents

-   Public assistance/outreach

-   Reporting (to overseeing agencies)

-   Other management

    This analysis multiplied these State-level survey data burden hours
    by the number of State-administered training providers, firms, and
    individuals found in the *Economic Analysis of the Final TSCA
    Section 402(a)(3) Lead-Based Paint Accreditation and Certification
    Fee Rule* in order to estimate the total burden to all States of
    administering training providers, firms, and individuals.

    The total reporting and recordkeeping burden to all States and
    Tribes with authorized programs is estimated to be 72,712 hours in
    each year covered by this analysis. It is likely that the burden
    will vary from year to year due to the fluctuating pattern of new
    entries, exits, and renewals. This analysis does not capture that
    fluctuation, but it does represent our best estimate of the average
    burden over this period. Exhibit 6.4 details the total reporting and
    recordkeeping burden associated with each type of State and
    Tribal-administered entity (e.g., training provider, firm, and
    individual) and summarizes the burden to States and Tribes for
    program administration.

    **Exhibit 6.4 State: Reporting and Recordkeeping Burden Estimates**

    *State Program Administration Burden per Entity Type*

  -------------- ---------- ------------ ----------- ------------ ------------ ------------
                 Clerical                Technical                Managerial   
                 Hours                   Hours                    Hours        

                 Certify    Re-certify   Certify     Re-certify   Certify      Re-certify

  Training       3.36       1.40         28.37       10.13        8.93         7.63
  Providers                                                                    

  Firms          0.61       0.44         4.73        4.25         2.90         2.90

  Individuals    1.56       1.36         3.15        1.80         1.32         0.76
  -------------- ---------- ------------ ----------- ------------ ------------ ------------

*Activities per Year*

  --------------------------- -------------------------------------------
  Number of Activities in     
  State and                   
  Tribal-Administered Areas   

  *Training Providers*        

  Accreditations              47

  Re-accreditations           70

  *Firms*                     

  Initial certifications      1,320

  Renewals                    1,022

  *Individuals*               

  Initial certifications      6,607

  Renewals                    2,802
  --------------------------- -------------------------------------------

*State Program Administration Burden per Year*

  --------------------------- -------------------------------------------
  State Burden by Entity Type 

  Training Providers          3,252

  Firms                       18,635

  Individuals                 50,825

  **Total State Burden in     72,712
  Hours**                     
  --------------------------- -------------------------------------------

*[Notification]{.underline}*

[Introduction]{.underline}

Three types of respondents will be affected by the notification
provisions covered by this ICR: 1) training providers, 2) firms
performing lead-based paint activities, and 3) States. The burden and
cost associated with notification are: 1) reporting during the course of
the year and 2) recordkeeping during the course of the year. The
reporting and recordkeeping burden estimates include the time associated
with completing and sending the notification forms to the appropriate
authority, as well as the time required to collect the information
needed to complete the form. The recordkeeping burden estimates include
the time required for the respondent to copy and file a record of the
notification form. In addition some States and the Federal government
will be affected in their role as administrators of the notification
requirement.

[Training Providers]{.underline}

Under the rule, pre-course notification is required at least seven
business days prior to the start of a lead-based paint activities
course. Re-notification is required if the course date changes. Within
10 days of course completion, training providers are required to submit
a post-course notification. The information training providers are
required to submit during pre-course and post-course notification is
detailed in section 4 of this document. The following sections discuss
how the reporting and recordkeeping burden estimates in this analysis
were developed. The estimated number of notifications per training
provider is taken from the January 2001 notification rule ICR analysis.
Exhibit 6.5 presents the estimation of training provider burden for the
proposed notification rule.

*Reporting*

This analysis assumes that training providers will complete a separate
notification form for each lead-based paint activity course conducted.
The number of pre-course and post-course notification events was
estimated by dividing the total number of students in a given year[^2]
by an estimated average class size[^3] to obtain the estimated number of
courses. According to training providers and abatement firms contacted
during the data collection phase of this analysis, currently some
notification programs require pre-course notification for each
individual course, while other programs allow training providers to
submit a list of the courses they plan to offer during the coming year.
This analysis conservatively assumes one pre-course and one post-course
notification for each training course. In addition, some courses may
require re-notification. Training providers and State program
representatives contacted said that re-notification does occur. However,
they were not able to estimate a re-notification rate. Therefore, this
analysis has adopted a re-notification rate of 10 percent. An estimate
of the amount of time required to complete the pre-course and
post-course notification forms, described in section 4 of this document,
was determined by calling a sample of training providers distributed
across the U.S. The number of training providers and their levels of
activity were estimated in the Accreditation and Certification sections
of this analysis.

*Recordkeeping*

The training provider burden estimates described above include the
burden associated with filing a one-page record of the notification form
sent to the administering agency. An estimate of the amount of time
needed to file a record was adopted from *Economic Analysis of the Final
TSCA Section 402 (a) (3) Lead-Based Paint Accreditation and
Certification Fee Rule.*

*Annual Burden Hours*

As presented below in Exhibit 6.5, this analysis estimates the
notification burden for all training providers to be a total of 1,839
hours per year.

**Exhibit 6.5 Training Providers: Notification Burden Estimates**

+----------+---+-----------+-----+---+----------+---+-----+----------+
| Noti     | E |           | Rep |   | Recor    | T |     | Burden   |
| fication | v |           | ort |   | dkeeping | o |     | hours    |
| Category | e |           | ing |   |          | t |     | per      |
|          | n |           |     |   | Hou      | a |     | training |
|          | t |           | Ho  |   | rs/Event | l |     | provider |
|          | s |           | urs |   |          |   |     |          |
|          | p |           | /Ev |   |          | H |     |          |
|          | e |           | ent |   |          | o |     |          |
|          | r |           |     |   |          | u |     |          |
|          | T |           |     |   |          | r |     |          |
|          | r |           |     |   |          | s |     |          |
|          | a |           |     |   |          | / |     |          |
|          | i |           |     |   |          | E |     |          |
|          | n |           |     |   |          | v |     |          |
|          | i |           |     |   |          | e |     |          |
|          | n |           |     |   |          | n |     |          |
|          | g |           |     |   |          | t |     |          |
|          | P |           |     |   |          |   |     |          |
|          | r |           |     |   |          |   |     |          |
|          | o |           |     |   |          |   |     |          |
|          | v |           |     |   |          |   |     |          |
|          | i |           |     |   |          |   |     |          |
|          | d |           |     |   |          |   |     |          |
|          | e |           |     |   |          |   |     |          |
|          | r |           |     |   |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| Pre-noti | 1 |           | 0   |   | 0.01     | 0 |     | .30      |
| fication | . |           | .15 |   |          | . |     |          |
|          | 9 |           |     |   |          | 1 |     |          |
|          | 0 |           |     |   |          | 6 |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| Re-noti  | 0 |           | 0   |   | 0.01     | 0 |     | .03      |
| fication | . |           | .15 |   |          | . |     |          |
|          | 1 |           |     |   |          | 1 |     |          |
|          | 9 |           |     |   |          | 6 |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| P        | 1 |           | 1   |   | 0.01     | 1 |     | 2.93     |
| ost-noti | . |           | .54 |   |          | . |     |          |
| fication | 9 |           |     |   |          | 5 |     |          |
|          | 0 |           |     |   |          | 4 |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| Total    |   |           |     |   |          |   |     | 3.26     |
| burden   |   |           |     |   |          |   |     |          |
| hours    |   |           |     |   |          |   |     |          |
| per      |   |           |     |   |          |   |     |          |
| training |   |           |     |   |          |   |     |          |
| p        |   |           |     |   |          |   |     |          |
| rovider: |   |           |     |   |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
|          |   |           |     |   |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
|          |   | State-Adm |     | E |          |   | To  |          |
|          |   | inistered |     | P |          |   | tal |          |
|          |   | Areas     |     | A |          |   | US  |          |
|          |   |           |     | - |          |   |     |          |
|          |   |           |     | A |          |   |     |          |
|          |   |           |     | d |          |   |     |          |
|          |   |           |     | m |          |   |     |          |
|          |   |           |     | i |          |   |     |          |
|          |   |           |     | n |          |   |     |          |
|          |   |           |     | i |          |   |     |          |
|          |   |           |     | s |          |   |     |          |
|          |   |           |     | t |          |   |     |          |
|          |   |           |     | e |          |   |     |          |
|          |   |           |     | r |          |   |     |          |
|          |   |           |     | e |          |   |     |          |
|          |   |           |     | d |          |   |     |          |
|          |   |           |     | A |          |   |     |          |
|          |   |           |     | r |          |   |     |          |
|          |   |           |     | e |          |   |     |          |
|          |   |           |     | a |          |   |     |          |
|          |   |           |     | s |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| Training |   | 468       |     | 9 |          |   | 564 |          |
| P        |   |           |     | 6 |          |   |     |          |
| roviders |   |           |     |   |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+
| Burden   |   | 1,526     |     | 3 |          |   | 1,  |          |
| Hours    |   |           |     | 1 |          |   | 839 |          |
|          |   |           |     | 3 |          |   |     |          |
+----------+---+-----------+-----+---+----------+---+-----+----------+

[Firms]{.underline}

Under the rule, pre-abatement notification is required at least 5
business days prior to the start of lead-based paint abatement
activities. Re-notification is required if the start date or end date of
the abatement activity changes. Firms are not required to provide
notification after the completion of an abatement project. The
information firms are required to submit during pre-abatement
notification is detailed in section 4 of this document. The following
sections discuss how the reporting and recordkeeping burden estimates in
this analysis were developed. Exhibit 6.6. presents the estimation of
firm burden for the proposed notification rule.

*Reporting*

This analysis assumes that firms will complete a separate notification
form for each lead-based paint abatement activity conducted. The number
of pre-abatement notification events per firm was adopted from the *TSCA
Title V Sections 402(a) and 404: Target Housing and Child-Occupied
Facilities Final Rule Regulatory Impact Analysis*. The number of firms
was estimated in the Accreditation and Certification section of this
analysis. The number of re-notifications was calculated using a
re-notification rate of 9 percent[^4]. An estimate of the amount of time
required to complete the pre-abatement notification form, described in
section 4 of this document, was determined by calling a sample of firms
in the State of Massachusetts.

*Recordkeeping*

The firm burden estimates described above include the burden associated
with filing a one page record of the notification form sent to the
administering agency. An estimate of the amount of time needed to file a
record was adopted from *Economic Analysis of the Final TSCA Section
402(a)(3) Lead-Based Paint Accreditation and Certification Fee Rule.*

*Annual Burden Hours*

As presented below in Exhibit 6.6, this amendment estimates the
notification burden for all firms to be 29,801 hours per year.

**Exhibit 6.6 Firms: Notification Burden Estimates**

+-------------+---+---------+------+------+---------+---+-------------+
| Category    | E |         | R    |      | Record  |   | Hours per   |
|             | v |         | epor |      | keeping |   |             |
|             | e |         | ting |      |         |   | Firm        |
|             | n |         |      |      | Hour    |   |             |
|             | t |         | Hou  |      | s/Event |   |             |
|             | s |         | rs/E |      |         |   |             |
|             | p |         | vent |      |         |   |             |
|             | e |         |      |      |         |   |             |
|             | r |         |      |      |         |   |             |
|             |   |         |      |      |         |   |             |
|             | F |         |      |      |         |   |             |
|             | i |         |      |      |         |   |             |
|             | r |         |      |      |         |   |             |
|             | m |         |      |      |         |   |             |
+-------------+---+---------+------+------+---------+---+-------------+
| Pre-n       | 1 |         | 0.22 |      | 0.01    |   | 3.23        |
| otification | 4 |         |      |      |         |   |             |
|             | . |         |      |      |         |   |             |
|             | 0 |         |      |      |         |   |             |
|             | 9 |         |      |      |         |   |             |
+-------------+---+---------+------+------+---------+---+-------------+
| Re-n        | 1 |         | 0.22 |      | 0.01    |   | 0.29        |
| otification | . |         |      |      |         |   |             |
|             | 2 |         |      |      |         |   |             |
|             | 7 |         |      |      |         |   |             |
+-------------+---+---------+------+------+---------+---+-------------+
| Annual      | 1 |         | 0.22 |      | 0.01    |   | 3.52        |
| Total       | 5 |         |      |      |         |   |             |
|             | . |         |      |      |         |   |             |
|             | 3 |         |      |      |         |   |             |
|             | 6 |         |      |      |         |   |             |
+-------------+---+---------+------+------+---------+---+-------------+
|             |   |         |      |      |         |   |             |
+-------------+---+---------+------+------+---------+---+-------------+
|             |   | Stat    |      | EPA- |         | T |             |
|             |   | e-Admin |      | Admi |         | o |             |
|             |   | istered |      | nist |         | t |             |
|             |   | Areas   |      | ered |         | a |             |
|             |   |         |      | A    |         | l |             |
|             |   |         |      | reas |         | U |             |
|             |   |         |      |      |         | S |             |
+-------------+---+---------+------+------+---------+---+-------------+
| Certified   |   | 7,026   |      | 1    |         | 8 |             |
| firms       |   |         |      | ,440 |         | , |             |
|             |   |         |      |      |         | 4 |             |
|             |   |         |      |      |         | 6 |             |
|             |   |         |      |      |         | 6 |             |
+-------------+---+---------+------+------+---------+---+-------------+
| Burden      |   | 24,732  |      | 5    |         | 2 |             |
| hours       |   |         |      | ,069 |         | 9 |             |
|             |   |         |      |      |         | , |             |
|             |   |         |      |      |         | 8 |             |
|             |   |         |      |      |         | 0 |             |
|             |   |         |      |      |         | 1 |             |
+-------------+---+---------+------+------+---------+---+-------------+

[State Burden]{.underline}

Under the proposed rule, notifications submitted by training providers
and abatement firms would be used by States with authorized programs in
support of compliance monitoring and enforcement activities, and to
prioritize inspections. The administrative management of information
collected under this proposed rule is detailed in section 4 of this
document. The following sections discuss how the recordkeeping burden
estimates were developed. Exhibit 6.7 presents the estimation of State
burden for the proposed notification rule.

*Recordkeeping*

The number of notification events per entity is the sum of pre-course,
post-course, and re-notifications submitted by training providers, and
the sum of pre-abatement and re-notifications submitted by firms. The
sources of this information are discussed in detail in the respective
training provider and firm sections of this analysis. The State
recordkeeping burden per notification event is estimated at 0.11 hours
for training providers and 0.09 hours for abatement firms. Both
estimates were obtained by contacting two State agencies, which
currently operate similar lead-based paint training programs, and
maintain lead-based paint activity notification records in both
electronic and hard copy forms.

*Annual Burden*

As presented below in Exhibit 6.7., this analysis estimates the
notification recordkeeping burden for all States to be 9,902 hours per
year.

**Exhibit 6.7 States: Notification Burden Estimates**

  ------------ ------------------ ----------------- ---------------------
  Category     *Notifications per *Hours per        *Hours per Entity*
               Entity*            Notification*     

  Firms        15.36              0.09              1.38

  Training     4.00               0.11              0.44
  Providers                                         

                                                    

               *Entities per      *Burden Hours per *Total State Burden
               Year*              Entity*           Hours per Year*

  Firms        7,026              1.38              9,696

  Training     468                0.44              206
  Providers                                         

                                  Total Annual      9,902
                                  Burden            
  ------------ ------------------ ----------------- ---------------------

**6(b) Estimating Respondent Costs**

[Introduction]{.underline}

The cost estimates addressed in this section are based on the burden
estimates discussed in section 6(a). Wage rates for each category of
personnel are derived with methods and from sources either identical to
or very similar to those used in the Fees Rule EA and previous TSCA
section 402/404 ICR analyses.

The fringe and overhead factors from the Fees Rule EA and the
Comprehensive Assessment Information Rule (CAIR) were simplified
somewhat for this analysis, and a uniform loading factor of 60 percent
was applied to all categories of workers.

Non-governmental wages are drawn from the full time mean hourly earnings
data in the Bureau of Labor Statistics (BLS) *National Compensation
Survey: Occupational Wages in the United States, June 2005*, Table 2-2
(Private industry, selected occupations, mean hourly earnings). Those
hourly wages are adjusted upward by 4.1 percent to account for inflation
from June 2005 to January 2007. The BLS Consumer Price Index for June
2005 (1982 to 1984 = 100) was 194.4. The same index was 202.2 in January
2007, for an increase over that period of 4.1 percent. It is assumed
that this is a reasonable representation of the inflation adjustment for
wages. The BLS occupational categories used here are identical to those
used in the most recent ICR renewal analysis, but may in some cases be
somewhat different from the categories used in earlier analyses. An
attempt was made to match those categories as closely as possible to the
ICR labor categories.

  -------------------- ------------------- --------- ---------- ------------
  **Wage Rate                                                   
  Calculations for                                              
  Non-Government                                                
  Workers**                                                     

  ICR Labor Category   BLS Occupation      2002 Wage Wage       Wage with
                       Category            Rate      Inflated   Fringe and
                                                     by 4.1%    Overhead

  Non-government       Professional        \$29.80   \$31.02    \$49.63
  professional         specialty and                            
                       technical                                

  Non-government       Administrative      \$14.44   \$15.03    \$24.05
  clerical             support, including                       
                       clerical                                 

  Inspector            Construction        \$24.11   \$25.10    \$40.16
                       inspectors                               

  Risk Assessor        Chemical            \$21.96   \$22.86    \$36.58
                       technicians                              

  Project designer     Designers           \$20.84   \$21.69    \$34.71

  Supervisor           Supervisors,        \$23.54   \$24.51    \$39.21
                       painters,                                
                       paperhangers, and                        
                       plasterers                               

  Abatement worker     Painters,           \$15.93   \$16.58    \$26.53
                       construction and                         
                       maintenance                              
  -------------------- ------------------- --------- ---------- ------------

The wage rates for State and Federal government employees are taken from
the Federal Government's GS Salary Table for hourly wages, effective
January 2007. The wages for EPA headquarters workers are taken from the
table including locality pay for the Washington-Baltimore area. The
wages for all others are taken from table including locality pay for
"Rest of US."

  --------------------- ------------------------ ------------ ------------
  **Wage Rate                                                 
  Calculations for                                            
  Government Workers**                                        

  Labor Category        Wage Rate Source         Hourly Wage  Wage with
                                                 Rate         Fringe and
                                                              Overhead

  States Managerial     GS 13, step 1            \$36.14      \$57.82

  States Technical      GS 11, step 1            \$25.35      \$40.56

  States Clerical       GS 6, step 1             \$15.42      \$24.67

  EPA Headquarters      GS 13, step 1;           \$38.04      \$60.86
  Managerial            Washington DC area                    

  EPA Headquarters      GS 11, step 1;           \$26.69      \$42.70
  Technical             Washington DC area                    

  EPA Headquarters      GS 6, step 1; Washington \$16.23      \$25.97
  Clerical              DC area                               

  EPA Regional          GS 13, step 1; "Rest of  \$36.14      \$57.82
  Managerial            US" area                              

  EPA Regional          GS 11, step 1; "Rest of  \$25.35      \$40.56
  Technical             US" area                              

  EPA Regional Clerical GS 6, step 1; "Rest of   \$15.42      \$24.67
                        US" area                              
  --------------------- ------------------------ ------------ ------------

*[Accreditation and Certification]{.underline}*

[Training Providers]{.underline}

Based on the burden estimates provided in section 6(a) and the wage
rates discussed above, this analysis estimates the cost to training
providers at \$83,577 for training providers in State-administered
programs and \$17,522 for those in EPA-administered programs. The annual
reporting and recordkeeping cost for all training providers is estimated
to be \$101,100. Exhibit 6.8 below summarizes the cost of the reporting
and annual recordkeeping requirements for training providers.

**Exhibit 6.8 Training Providers: Reporting and Recordkeeping Cost
Estimates**

  ------------------- -------------------- -------------- -------------- -------------- ------------------ ------------- -------- ---------- ------------ --------------
  Cost Element                             Professional                  Clerical                                        Burden              Cost (\$)    
                                           (\$49.63/hr)                  (\$24.05/hr)                                    Hours               Per Training 
                                                                                                                                             Provider     

  *Accreditation*                                                                                                                                         

  Rule                                     8.00                          0.00                                            8.00                \$397.04     
  Familiarization                                                                                                                                         

  Accreditation                            7.60                          2.00                                            9.60                \$425.14     
  Statement                                                                                                                                               

  Quality Control                          8.00                          2.00                                            10.00               \$445.14     
  Plan                                                                                                                                                    

                                                                                                                                                          

  *Annual Cost*                                                                                                                                           

  Recordkeeping\*                          0.00                          0.81                                            0.81                \$19.48      

                                                                                                                                                          

  *Quadrennial Cost                                                                                                                                       
  (In Addition to                                                                                                                                         
  Annual Cost)*                                                                                                                                           

  Re-accreditation                         3.80                          1.00                                            4.80                \$212.64     

  Audit\*\*                                0.20                          0.40                                            0.60                \$19.55      

                                                                                                                                                          

  *Cost Per Training                                                                                                                                      
  Provider*                                                                                                                                               

  Year of Initial                                                                                                                            \$1,286.95   
  Accreditation                                                                                                                                           

  Second, Third and                                                                                                                          \$19.48      
  FourthYear of                                                                                                                                           
  Operation                                                                                                                                               

  Year of                                                                                                                                    \$232.19     
  Re-accreditation                                                                                                                                        

                                                                                                                                                          

  *Cost Per Year*                                                                                                                                         

                      State-Administered                                                EPA-Administered                          All US                  

                      entities                            cost                          entities           cost                   entities                cost

  New accreditations  47                                  \$604,863.65                  10                 \$12,869.50            57                      \$73,356.15

  Second year cohort  117                                 \$2,279.16                    24                 \$467.52               141                     \$2,746.68

  Third year cohort   117                                 \$2,279.16                    24                 \$467.52               141                     \$2,746.68

  Fourth year cohort  117                                 \$2,279.16                    24                 \$467.52               141                     \$2,746.68

  Re-accreditations   70                                  \$16,253.30                   14                 \$3,250.66             84                      \$19,503.96

  Totals                                                  \$83,577.43                                      \$17,522.72                                    \$101,100.15
  ------------------- -------------------- -------------- -------------- -------------- ------------------ ------------- -------- ---------- ------------ --------------

**\*** Recordkeeping burden estimate adopted from the previous ICR.

\*\* This analysis assumes that 10 percent of all programs applying for
re-accreditation will be audited.

[Costs for Firms Performing Lead-based Paint Activities]{.underline}

The recordkeeping costs fall under two categories: labor and materials.
The cost estimates used in this analysis rely heavily on the burden
estimates developed for the analysis of section 406 (USEPA, 1993c).
Recordkeeping labor costs consist of the time associated with the actual
filing of the records. The analysis of section 406 estimates that the
time associated with filing each report, regardless of size, is 0.5
minutes or 0.0083 hours. Copying costs are calculated based on \$0.06
per copy multiplied by the total number of pages to be copied; only one
copy is required.

As detailed in section 6(a), the total number of events is based on the
prior ICR. The wage rates used to represent professional and clerical
labor costs are the same as those detailed above for training providers.

Based on the burden estimates provided in section 6(a) and the
professional and clerical wage rates described earlier, this analysis
estimates the annual cost at \$20,140,949 for firms in
State-administered programs and \$4,127,788 for firms in
EPA-administered programs, or a total of \$24,268,737 for all firms.
Exhibit 6.9 below summarizes the cost of the reporting and annual
recordkeeping requirements for firms.

**Exhibit 6.9 Firms: Reporting and Recordkeeping Cost Estimates**

+---------------+---------+------+----------+--------+--------+-------+
| Category      | Dis     | Ave  | Average  | Total  | Ma     | Av    |
|               | cipline | rage | Record   | Number | terial | erage |
|               | (for    | R    | -keeping | of     | cost   | Cost  |
|               | wage    | epor | Cost Per | Pages  | (@     | Per   |
|               | rate    | ting | Firm\*   | Per    | \$0    | Firm  |
|               | determi | Cost |          | Firm   | .06per |       |
|               | nation) | Per  |          |        | page)  |       |
|               |         | Firm |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
|               |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| *C            |         |      |          |        |        |       |
| ertification* |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Rule          | profe   | \$29 | 0        |        | 0      | \$2   |
| Fa            | ssional | 7.78 |          |        |        | 97.78 |
| miliarization |         |      |          |        |        |       |
|               |         |      |          |        |        |       |
| (\$49.63/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Certification | profe   | \$7  | \$0.20   | 1.39   | \$0.08 | \$    |
| letter        | ssional | 4.94 |          |        |        | 75.22 |
|               |         |      |          |        |        |       |
| (\$49.63/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
|               |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| *Target       |         |      |          |        |        |       |
| Housing       |         |      |          |        |        |       |
| (including    |         |      |          |        |        |       |
| Soil          |         |      |          |        |        |       |
| Abatements)*  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Risk          | risk    | \    | \$3.22   | 64.43  | \$3.87 | \$10  |
| Assessment    | a       | $107 |          |        |        | 77.70 |
| and           | ssessor | 0.60 |          |        |        |       |
|               |         |      |          |        |        |       |
| lead hazard   |         |      |          |        |        |       |
| screen        |         |      |          |        |        |       |
|               |         |      |          |        |        |       |
| reports       |         |      |          |        |        |       |
| (\$35.58/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Pre-Abatement | sup     | \$8  | \$0.90   | 9.03   | \$0.54 | \$    |
|               | ervisor | 9.79 |          |        |        | 91.23 |
| Notifications |         |      |          |        |        |       |
| (\$39.21/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Occupant      | d       | \$48 | \$2.79   | 41.86  | \$2.51 | \$4   |
| Protection    | esigner | 8.72 |          |        |        | 94.02 |
|               |         |      |          |        |        |       |
| Plan          |         |      |          |        |        |       |
| (\$34.71/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| P             | sup     | \    | \$2.79   | 41.86  | \$2.51 | \$11  |
| ost-Abatement | ervisor | $109 |          |        |        | 00.83 |
|               |         | 5.53 |          |        |        |       |
| Reports       |         |      |          |        |        |       |
| (\$39.21/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
|               |         |      | Target   |        |        | \$27  |
|               |         |      | Housing  |        |        | 63.78 |
|               |         |      | Per-Firm |        |        |       |
|               |         |      | Cost     |        |        |       |
|               |         |      | Subtotal |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| *C            |         |      |          |        |        |       |
| hild-Occupied |         |      |          |        |        |       |
| Facilities    |         |      |          |        |        |       |
| (including    |         |      |          |        |        |       |
| Soil          |         |      |          |        |        |       |
| Abatements*)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Risk          | risk    | \$   | \$0.02   | 0.49   | \$0.03 | \     |
| Assessment    | a       | 4.98 |          |        |        | $5.03 |
| and           | ssessor |      |          |        |        |       |
|               |         |      |          |        |        |       |
| lead hazard   |         |      |          |        |        |       |
| screen        |         |      |          |        |        |       |
|               |         |      |          |        |        |       |
| reports       |         |      |          |        |        |       |
| (\$35.58/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Pre-Abatement | sup     | \$   | \$0.02   | 0.25   | \$0.01 | \     |
|               | ervisor | 2.35 |          |        |        | $2.39 |
| Notifications |         |      |          |        |        |       |
|               |         |      |          |        |        |       |
| (\$39.21/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| Occupant      | d       | \$   | \$0.02   | 0.25   | \$0.01 | \     |
| Protection    | esigner | 4.51 |          |        |        | $4.55 |
|               |         |      |          |        |        |       |
| Plan          |         |      |          |        |        |       |
| (\$34.71/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
| P             | sup     | \$   | \$0.02   | 0.25   | \$0.01 | \     |
| ost-Abatement | ervisor | 9.80 |          |        |        | $9.84 |
|               |         |      |          |        |        |       |
| Reports       |         |      |          |        |        |       |
| (\$39.21/hr)  |         |      |          |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+
|               |         |      | Child-   |        |        | \$    |
|               |         |      | Occupied |        |        | 21.81 |
|               |         |      | Fa       |        |        |       |
|               |         |      | cilities |        |        |       |
|               |         |      | Per-Firm |        |        |       |
|               |         |      | Cost     |        |        |       |
|               |         |      | Subtotal |        |        |       |
+---------------+---------+------+----------+--------+--------+-------+

*Cost Per Firm*

  ---------------------------------------------------------- ------------
  Year of Initial Certification                              \$3158.59

  Second and Third Year of Operation                         \$2785.59

  Year of Certification Renewal                              \$2860.81
  ---------------------------------------------------------- ------------

*Cost Per Year*

  ------------- ------------------- -------------------- -----------------
                State and Tribal    EPA-Administered     Total US
                Administered Firms  Firms                

  Number of     7,026               1,440                8,466
  Firms                                                  

  **Cost**      \$20,140,949        \$4,127,788          \$24,268,737
  ------------- ------------------- -------------------- -----------------

\* .0083 hours of non-governmental clerical burden per report @
\$24.05/hr = \$0.20

[Individuals Performing Lead Abatement]{.underline}

Based on the cost estimates provided in section 6(a) and the wage rates
developed earlier, this analysis estimates the total annual reporting
and recordkeeping cost to all individuals to be \$335,383, with
\$278,365 of cost to individuals in State and Tribal administered areas,
and \$57,018 to individuals in EPA administered areas. Exhibit 6.10
details the total reporting and recordkeeping cost to the individual
subgroups (e.g., inspectors, risk assessors, and workers) and summarizes
the individual cost.

**Exhibit 6.10 Individuals: Reporting and Recordkeeping Cost
Estimates/Cost per Year**

  -------------------- ------------------ ---------------- ---------------
                       State and Tribal   EPA Administered Total US
                       Administered                        

  Inspectors           \$32,489           \$6,626          \$39,115
  (\$40.16/hr.)                                            

  Risk Assessors       \$135,236          \$27,728         \$162,964
  (\$36.58/hr.)                                            

  Supervisors          \$67,520           \$13,841         \$81,361
  (\$39.21/hr.)                                            

  Abatement Workers    \$39,198           \$8,025          \$47,223
  (\$26.53/hr.)                                            

  Project Designers    \$3,922            \$798            \$4,720
  (\$34.71/hr.)                                            

  **Total Individual   \$278,365          \$57,018         \$335,383
  Cost**                                                   
  -------------------- ------------------ ---------------- ---------------

[State Costs]{.underline}

The reporting/recordkeeping requirement costs include the wages
associated with the burden estimated in Section 6(a). The methods used
to establish wage rates are covered earlier in this analysis. Those wage
rates are \$57.82 for managerial staff, \$40.56 for technical staff and
\$24.67 for clerical staff.

The total reporting and recordkeeping cost to all States with authorized
programs in each year of the analysis is estimated to be \$3,021,834. As
discussed earlier, each year in State and Tribal- administered areas is
assumed to be identical, for ease of modeling. It is likely that the
actual costs will vary from year to year. These estimates are intended
to represent the average annual costs. Exhibit 6.11 details the total
reporting and recordkeeping cost to the State and Tribal administered
programs associated with each type of entity (e.g., training provider,
firm, and individual).

**Exhibit 6.11 States: Reporting and Recordkeeping Cost Estimates**

  ------------------------------------- ---------------------------------
  Training Providers                    \$144,299

  Firms                                 \$853,124

  Individuals                           \$2,024,416

  **Total State Cost**                  \$3,021,834
  ------------------------------------- ---------------------------------

*[Notification]{.underline}*

The cost estimates addressed in this section are based on the burden
estimates discussed in section 6(a).

[Training Providers]{.underline}

The fully loaded wage rate used to estimate training providers'
notification costs is the non-government clerical rate, \$24.05 per
hour. Additionally, training provider costs include a (projected) \$0.41
postage stamp for mailing the notification and \$0.06 for a one page
copy of the notification for the firm's records.

*Annual Costs*

As presented below in Exhibit 6.12, based on the burden estimates
provided in section 6(a) and the wage rates and materials costs
discussed above, this analysis estimates the notification costs for all
training providers to be a total of \$45,741 per year.

**Exhibit 6.12 Training Providers: Notification Cost Estimates**

+------------+-----+-------+---+---------+---------+---------+---------+
| Event      |     |       |   | Re      | Record  | Ma      | Total   |
| category   |     |       |   | porting | keeping | terials |         |
|            |     |       |   |         |         |         | Cos     |
|            |     |       |   | Cos     | Cost/   | Cos     | t/Event |
|            |     |       |   | t/Event | Event\* | t/Event |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Pre-no     |     |       |   | \$3.85  | \$0.20  | \$0.47  | \$4.52  |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Re-no      |     |       |   | \$3.85  | \$0.20  | \$0.47  | \$4.52  |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Post-no    |     |       |   | \$37.04 | \$0.20  | \$0.47  | \$37.71 |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
|            |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| *Cost per  |     |       |   |         |         |         |         |
| training   |     |       |   |         |         |         |         |
| provider*  |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Event      |     |       |   | Cost    | Events  | Cost    |         |
| category   |     |       |   | per     | per     | per     |         |
|            |     |       |   | Event   | Firm    | Firm    |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Pre-no     |     |       |   | \$4.52  | 1.9     | \$8.59  |         |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Re-no      |     |       |   | \$4.52  | 0.19    | \$0.86  |         |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Post-no    |     |       |   | \$37.71 | 1.9     | \$71.65 |         |
| tification |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
|            |     |       |   | Total   |         | \$81.10 |         |
|            |     |       |   | Annual  |         |         |         |
|            |     |       |   | Cost    |         |         |         |
|            |     |       |   | per     |         |         |         |
|            |     |       |   | Firm    |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
|            |     |       |   | State   |         | EPA     | Total   |
|            |     |       |   | and     |         | Admin   | US      |
|            |     |       |   | Tribal  |         | istered |         |
|            |     |       |   | Admin   |         |         |         |
|            |     |       |   | istered |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Number of  |     |       |   | 468     |         | 96      | 564     |
| training   |     |       |   |         |         |         |         |
| providers  |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+
| Estimated  |     |       |   | \       |         | \$7,786 | \       |
| total cost |     |       |   | $37,955 |         |         | $45,741 |
| per year   |     |       |   |         |         |         |         |
+------------+-----+-------+---+---------+---------+---------+---------+

\* .0083 hours of non-governmental clerical burden per record @
\$24.05/hr = \$0.20

[Firms Performing Lead-based Paint Activities Costs]{.underline}

The fully loaded wage rate used to estimate certified firms'
notification costs is the non-government clerical rate, \$24.05 per
hour. As noted in exhibit 6.6, this analysis estimates 0.22 hours of
reporting burden for each notification event, for a reporting cost of
\$5.29 per notification. Additionally, training provider costs include a
\$0.41 postage stamp for mailing the notification and \$0.06 for a one
page copy of the notification for the firm's records.

*Annual Costs*

As presented below in Exhibit 6.13, based on the burden estimates
provided in section 6(a) and the wage rates and materials costs
discussed above, this analysis estimates the costs associated with
notification for all firms to be \$775,025 per year.

**Exhibit 6.13 Firms: Notification Cost Estimates**

+----------+---------+---------+---------+---------+---------+---------+
| Cost     | Events  | Re      | Record  | Ma      | Cost    | Cost    |
| Element  | per     | porting | keeping | terials | per     | per     |
|          |         |         |         |         | Event   | Firm    |
|          | Firm    | Cos     | Cos     | Cos     |         |         |
|          |         | t/Event | t/Event | t/Event |         |         |
+----------+---------+---------+---------+---------+---------+---------+
| *Notif   |         |         |         |         |         |         |
| ication* |         |         |         |         |         |         |
+----------+---------+---------+---------+---------+---------+---------+
| Pre-noti | 14.09   | \$5.29  | \$0.20  | \$0.47  | \$5.96  | \$83.98 |
| fication |         |         |         |         |         |         |
+----------+---------+---------+---------+---------+---------+---------+
| Re-noti  | 1.27    | \$5.29  | \$0.20  | \$0.47  | \$5.96  | \$7.57  |
| fication |         |         |         |         |         |         |
+----------+---------+---------+---------+---------+---------+---------+
| Annual   | 15.36   |         |         |         |         | \$91.55 |
| Total    |         |         |         |         |         |         |
+----------+---------+---------+---------+---------+---------+---------+
|          | State   |         | EPA     |         | All US  |         |
|          | and     |         | Admin   |         |         |         |
|          | Tribal  |         | istered |         |         |         |
|          | Admin   |         |         |         |         |         |
|          | istered |         |         |         |         |         |
+----------+---------+---------+---------+---------+---------+---------+
| Firms    | 7,026   |         | 1,440   |         | 8,466   |         |
+----------+---------+---------+---------+---------+---------+---------+
| Cost     | \$      |         | \$      |         | \$      |         |
|          | 643,199 |         | 131,826 |         | 775,025 |         |
+----------+---------+---------+---------+---------+---------+---------+

[State Costs]{.underline}

The State costs associated with notification are based on the burden
hours estimated and reported in exhibit 6.7. As indicated earlier, the
fully loaded hourly cost for State government clerical staff is
estimated to be \$24.67. As presented below in Exhibit 6.14, this
analysis estimates the notification cost for all States combined to be
\$244,282 per year over the period of this analysis.

**Exhibit 6.14 States: Notification Cost Estimates for All States
Combined**

  -------------- -------------- -------------- -------------- --------------
  Category of    Number of      State Burden   Total Burden   Clerical Cost
  Notifying      entities       per Entity                    at \$24.67/hr.
  Entity                                                      

  Firms          7,026          1.38           9,696          \$239,200

  Training       468            0.44           206            \$5,082
  Providers                                                   

  Total                                                       \$244,282
  Estimated                                                   
  Annual Cost to                                              
  States                                                      
  -------------- -------------- -------------- -------------- --------------

**6(c) Estimating Agency Burden and Cost**

*[Accreditation and Certification]{.underline}*

[EPA Burden]{.underline}

Although sections 402(a) and 404 do not require that States develop a
lead program, it is encouraged. As discussed in section 6(a) of this
ICR, 39 States and three Tribal areas, as well as Puerto Rico and the
District of Columbia, have sought and been granted authorization to
administer their own programs under TSCA Section 402. This ICR assumes
that programs for the remaining States will be administered by EPA. Thus
the burden on EPA due to reviewing and approving State applications to
administer their own programs has already been incurred. If additional
States seek authorization, the cost to EPA of reviewing and approving
these applications will be offset by the reduction in EPA hours used to
administer the programs.

This analysis estimates the agency burden of administering training
providers, firms, and individuals in unauthorized States by using
State-level survey data collected for the *Economic Analysis of the
Final TSCA Section 402(a)(3) Lead-Based Paint Accreditation and
Certification Fee Rule* and assumes that the EPA Regional Offices will
play the major role in administering the Section 402 requirements in
States without their own programs, while EPA Headquarters will
coordinate the regional activities, provide public assistance and
perform other activities.

Based on these assumptions and data, the total burden to EPA regions is
estimated to be 14,904 hours per year. Exhibit 6.15 details the total
reporting and recordkeeping burden to each type of EPA-administered
entity (e.g., training provider, firm, and individual). In addition the
annual burden to EPA Headquarters is estimated to be 728 hours for each
year of the analysis (See Exhibit 6.16). Thus the total EPA burden is
estimated to be 15,632 hours per year.

**Exhibit 6.15 EPA Regions: Reporting and Recordkeeping Burden Estimates
for Accreditation and Certification Activities**

*EPA Region Burden per Entity Type*

  -------------- ---------- ------------ ----------- ------------ ------------ ------------
                 Clerical                Technical                Managerial   
                 Hours                   Hours                    Hours        

                 Certify    Re-certify   Certify     Re-certify   Certify      Re-certify

  Training       3.36       1.40         28.37       10.13        8.93         7.63
  Providers                                                                    

  Firms          0.61       0.44         4.73        4.25         2.90         2.90

  Individuals    1.56       1.36         3.15        1.80         1.32         0.76
  -------------- ---------- ------------ ----------- ------------ ------------ ------------

  ---------------------- --------- ---------- ----------- ------------ ---------
  EPA Region Burden                                                    
  Hours (calculations                                                  
  rounded to even hours)                                               

  Activity               Events    Clerical   Technical   Managerial   Total
                         per Year  Hours      Hours       Hours        Hours

  Training Provider      10        34         284         89           407
  Accreditation                                                        

  Training Provider      14        20         142         107          269
  Re-accreditation                                                     

  Firm Certification     270       165        1,277       783          2,225

  Firm Re-certification  210       92         893         609          1,594

  Individual             1,353     2,111      4,262       1,786        8,159
  Certification                                                        

  Individual             574       781        1,033       436          2,250
  Re-certification                                                     

  Totals                           3,203      7,891       3,810        14,904
  ---------------------- --------- ---------- ----------- ------------ ---------

**Exhibit 6.16 EPA Headquarters: Reporting and Recordkeeping Burden
Estimates for Accreditation and Certification Activities**

*Annual EPA Headquarters Burden Hours*

  ----------------------- --------------- --------------- ---------------
                          Clerical Burden Technical       Managerial
                                          Burden          Burden

  Coordinate with         0.00            104.00          0.00
  Regions\*                                               

  Public Assistance\*     104.00          104.00          0.00

  Other\*                 104.00          104.00          208.00

  **Annual Burden to                                      728.00
  Headquarters**                                          
  ----------------------- --------------- --------------- ---------------

\* HQ administrative burden from the Fees Rule EA; for all
EPA-administered States

[EPA Cost]{.underline}

The burden on EPA associated with the administration of the States and
Tribal areas that have not been approved to administer their own
programs were estimated above. The labor rates and overhead and fringe
loadings were discussed earlier. Based on these estimates, the reporting
and recordkeeping costs to EPA regions are projected to be \$619,371 per
year. Exhibit 6.17 details the total reporting and recordkeeping cost to
each type of EPA-administered entity (e.g., training provider, firm, and
individual). The annual cost to EPA Headquarters is estimated to be
\$31,384 for each year of the analysis (See Exhibit 6.18). Thus the
total EPA annual cost is projected to be \$650,755.

There will be additional costs involved in transitioning from an
existing Federal program to an authorized State program in States that
receive authorization after the Federal program has been fully
established. Currently, we do not have a way of estimating the
additional burden, nor the number of State programs potentially
affected. Such changes would also reduce the annual burden on EPA. No
such transitions are anticipated during the period of this ICR.

**Exhibit 6.17 EPA Regions: Reporting and Recordkeeping Cost Estimates
for Accreditation and Certification Activities**

  ------------------------------------------ ----------------------------
  Estimated Annual EPA Regions Costs         

  Training Providers                         \$29,943

  Firms                                      \$174,841

  Individuals                                \$414,587

  **Total EPA Regional Cost**                \$619,371
  ------------------------------------------ ----------------------------

**Exhibit 6.18 EPA Headquarters: Reporting and Recordkeeping Cost
Estimates for Accreditation and Certification Activities**

*Annual EPA Headquarters Cost*

+----------------------+-----------+-----------+-----------+-----------+
|                      | Clerical  | Technical | M         | Totals    |
|                      |           |           | anagerial |           |
|                      | (\$2      | (\$4      |           |           |
|                      | 5.97/hr.) | 2.70/hr.) | (\$6      |           |
|                      |           |           | 0.86/hr.) |           |
+----------------------+-----------+-----------+-----------+-----------+
| Coordinate with      | \$0.00    | \$4,441   | \$0.00    | \$4,441   |
| Regions              |           |           |           |           |
+----------------------+-----------+-----------+-----------+-----------+
| Public Assistance    | \$2,701   | \$4,441   | \$0.00    | \$7,142   |
+----------------------+-----------+-----------+-----------+-----------+
| Other                | \$2,701   | \$4,441   | \$12,659  | \$19,801  |
+----------------------+-----------+-----------+-----------+-----------+
| **Annual Cost to     |           |           |           | \$31,384  |
| Headquarters**       |           |           |           |           |
+----------------------+-----------+-----------+-----------+-----------+

*[Notification]{.underline}*

[Agency Burden]{.underline}

Under the rule, notifications submitted by training providers and
abatement firms will be used by EPA regions in support of compliance
monitoring and enforcement activities, and to prioritize inspections.
The administrative management of information collected under this
proposed rule is detailed in section 4 of this document. The following
sections discuss how the recordkeeping burden estimates were developed.
Exhibit 6.19 presents the estimation of EPA burden for the notification
rule.

*Recordkeeping*

The number of notification events per entity is the sum of pre-course,
post-course, and re-notifications submitted by training providers, and
the sum of pre-abatement and re-notifications submitted by firms. The
sources of this information are discussed in detail in the respective
training provider and firm sections of this analysis. The EPA
recordkeeping burden per notification event is estimated at 0.11 hours
for training providers and 0.09 hours for abatement firms. Both
estimates were obtained by contacting two State agencies, which
currently operate similar lead-based paint training programs, and
maintain lead-based paint activity notification records in both
electronic and hard copy forms. The number of entities-administered by
the EPA program was estimated in section 6(a) of this analysis.

*Annual Burden*

As presented below in Exhibit 6.19, this analysis estimates the
notification recordkeeping burden for EPA to be 2,029 hours.

**Exhibit 6.19 EPA: Notification Burden Estimates**

  ------------ ------------------ ------------------- --------------------
  Category     *Notifications per *Hours per          *Hours per Entity*
               Entity*            Notification*       

  Firms        15.36              0.09                1.38

  Training     4.00               0.11                0.44
  Providers                                           

                                                      

               *Entities per      *Burden Hours per   *Total EPA
               Year*              Entity*             Notification Burden
                                                      Hours per Year*

  Firms        1,440              1.38                1,987

  Training     96                 0.44                42
  Providers                                           

                                  Total Annual Burden 2,029
  ------------ ------------------ ------------------- --------------------

[Agency Cost]{.underline}

The notification costs are based on the burden estimated in Section 6(a)
and the EPA Regional clerical wage rate estimated earlier. The final
loaded wage rate is \$24.67 for EPA Regional clerical staff.

*Annual Cost*

As presented below in Exhibit 6.20, this analysis estimates the EPA cost
associated with notifications to be \$50,055 per year.

**Exhibit 6.20 EPA: Notification Cost Estimates**

  -------------- -------------- -------------- -------------- --------------
  Category of    Number of      EPA Burden per Total Burden   Clerical Cost
  Notifying      entities       Entity                        at \$24.67/hr.
  Entity                                                      

  Firms          1,440          1.38           1,987          \$49,019

  Training       96             0.44           42             \$1,036
  Providers                                                   

  Total                                                       \$50,055
  Estimated                                                   
  Annual EPA                                                  
  Notification                                                
  Cost                                                        
  -------------- -------------- -------------- -------------- --------------

**6(d) Bottom Line Burden Hours and Cost**

i.  **Respondent Tally**

    **Respondent Burden and Cost**

  ------------------------------- -------------------- -------------------
  **Accreditation and                                  
  Certification Burden and Cost**                      

                                  Burden Hours         Costs

  Training Providers              2,483                \$101,100

  Firms Performing Lead-based     648,583              \$24,268,737
  Paint Activities                                     

  Individuals                     9,420                \$335,383

  States                          72,712               \$3,021,834

  **Total**                       733,198              \$27,727,054

  **Notification Burden and                            
  Cost**                                               

                                  Burden Hours         Costs

  Training Providers              1,839                \$45,741

  Firms Performing Lead-based     29,801               \$775,025
  Paint Activities                                     

  States                          9,902                \$244,282

  **Total**                       41,542               \$1,065,048

  **Over-All Total**              774,740              \$28,792,102
  ------------------------------- -------------------- -------------------

The respondent burden and cost for the collection of this information is
estimated to be 4,322 hours and \$146,841 for the estimated 564 training
providers; 678,384 hours and \$25,043,762 for the estimated 8,466 firms
performing lead-based paint activities; 9,420 hours and \$335,383 for
the 34,008 individual lead abatement personnel; and 82,614 hours and
\$3,266,116 for the States and Tribes. That is an average burden of 7.66
hours per training provider, 80.13 hours per certified firm, and 0.28
hours per certified individual. The overall burden and cost per year for
all respondents is 774,740 hours and \$28,792,102.

i.  **Agency Tally**

    **Agency Burden and Cost**

  ----------------------- ----------------------- -----------------------
  **EPA Accreditation and                         
  Certification Burden                            
  and Cost**                                      

                          Burden Hours            Costs

  Regions                 14,904                  \$619,371

  Headquarters            728                     \$31,384

  **Total**               15,632                  \$650,755

  **EPA Notification                              
  Burden and Cost**                               

                          Burden Hours            Costs

                          2,029                   \$50,055

  **Over-All Totals**     17,661                  \$700,810
  ----------------------- ----------------------- -----------------------

The Agency burden and cost for the collection of this information is
estimated to be 17,661 hours and \$700,810 per year.

**6(e) Reasons for Change in Burden**

This request reflects an increase in the total estimated burden of
333,927 hours (from 440,813 hours to 774,740 hours) from that currently
in the OMB inventory. This increase represents an adjustment in the
estimated number of respondents and/or the number of activities or
events for which respondents must provide information, based on EPA's
experience since the approval of the most recent ICR.

The previous ICR analyses associated with this data collection were
based in large part on assumptions and projections that were made prior
to the actual implementation of the regulations covered by this ICR. The
most recent ICR analysis (2004) made use of some preliminary information
about the rates of activities in the areas under EPA administration.
That preliminary information suggested that the observed level of
activities was substantially higher than had been projected (as in,
e.g., the 1999 Fees Rule EA). The 2004 ICR therefore projected a higher
level of activities in the EPA administered areas. However, since that
data were still considered preliminary, that increased level of
activities in those EPA areas was not used in the projections for areas
administered by authorized State and Tribal programs. The 2004 estimates
for those areas were still based on the preliminary 1999 projections.

In the subsequent years, the observed data on activities in the EPA
administered areas have continued to follow the pattern noted in the
2004 ICR analysis, with events and entities occurring at a level that is
very roughly double the rate that had been anticipated in the 1999 Fees
Rule EA. As a consequence, the assumption that the Fees Rule analysis
had correctly projected the level of activities in the State and Tribal
administered areas is no longer tenable. This analysis, consequently,
has set aside the 1999 projections for those areas and instead used a
factor of proportionality that had been proposed earlier. This factor is
based on the projection that the EPA administered areas represent 17
percent of the national universe of entities and events covered by these
rules, and consequently that 83 percent of the activities and entities
reside in the State and Tribal areas. The State and Tribal parameters
can be estimated by multiplying the corresponding EPA administered
estimates by 4.88 (83/17 = 4.88). It was this change in method, in
combination with the revised estimates of the counts of entities and
activities in the EPA administered areas, that led to the large increase
in the burden estimate.

The previous (2004) ICR analysis did adjust upward the estimates of
activities in the EPA administered areas, but the estimates for the
State and Tribal administered areas had been left more or less at the
level set in the 1999 Fees Rule EA. The current analysis extends that
process by adjusting the State and Tribal area estimates proportionately
with the estimates for the EPA administered areas. Since the authorized
State and Tribal programs account for a much greater share of these
activities, this adjustment to those estimates has a much larger impact
than the corresponding adjustment that was limited to just the EPA
administered areas.

These changes in burden estimation relate directly to the changed
estimates in the population of certified and accredited entities, rather
than to any changes in the estimated number of activities per entity or
any changes in the burden per activity. These changing estimates of the
population of regulated entities can be seen in the following table,
which compares the estimates from the 1999 Fees Rule EA, the 2004 ICR
analysis, and this current analysis.

  ------------------- ----------------- ----------------- -----------------
  **Comparison Table                                      
  of Estimated                                            
  Numbers of                                              
  Certified or                                            
  Accredited                                              
  Entities**                                              

                      1999 Fees Rule    2004 ICR Analysis 2007 ICR Analysis

  *Certified Firms*                                       

  EPA Administered    700               1,257             1,440
  Areas                                                   

  State and Tribal    3,369             3,369             7,026
  Areas                                                   

  Totals for Firms    4,069             4,626             8,466

  *Certified                                              
  Individuals*                                            

  EPA Administered    2,969             3,989             5,781
  Areas                                                   

  State and Tribal    14,280            14,280            28,227
  Areas                                                   

  Totals for          17,249            18,269            34,008
  Individuals                                             

  *Accredited                                             
  Training Providers*                                     

  EPA Administered    30                218               96
  Areas                                                   

  State and Tribal    147               147               468
  Areas                                                   

  Totals for Training 177               365               564
  Providers                                               
  ------------------- ----------------- ----------------- -----------------

As shown in this table, this analysis estimates a substantially larger
population of regulated entities in comparison to the earlier
projections. This is due to two factors. The first is the record of the
observed levels of activities in the EPA administered areas. Data are
now available over seven full years, and those data suggest that earlier
projections had underestimated the numbers of entities who would choose
to become certified or accredited under this program. The second factor
has to do with the estimates for areas not directly administered by EPA.
Data are not currently available to the Agency on activities in the
areas administered by authorized State and Tribal programs. But this
analysis (in contrast to the previous ICR) is based on the assumption
that the level of activity in those non-EPA areas had also be
underestimated in earlier analysis, so that those estimates should be
increased in proportion to the altered projections in the EPA
administered areas. Since the largest share of the activity has always
been projected to occur in those State and Tribal administered areas,
the increase in the overall burden estimate is primarily due to the
increases in those areas not directly administered by EPA. The reader
should therefore bear in mind that this burden increase comes primarily
from areas for which the Agency does not have actual data on the
population of regulated entities and the level of regulated activities.

These issues are discussed in more detail in section 6(a) of this
report.

**6(f) Burden Statement**

The annual public burden for this collection of information, which is
approved under OMB Control No. 2070-0155, is estimated to range between
0.28 hours and 80 hours per respondent, depending on the type of
respondent. According to the Paperwork Reduction Act, "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. For this collection it 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; 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. 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.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OPPT-2007-0378. The docket is available for public viewing at the
Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC). The EPA/DC Public Reading Room is located in the EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number
for the Pollution Prevention and Toxics Docket is (202) 566-0280. An
electronic version of the public docket is available through the Federal
Docket Management System (FDMS) at
[www.regulations.gov](http://www.regulations.gov/). Use FDMS 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. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA. Please include the EPA Docket ID No.
EPA-HQ-OPPT-2007-0378 and OMB Control Number 2070-0155 in any
correspondence.

[^1]: 1 ^1^ U.S. EPA. Economic Analysis of the Final TSCA Section
    402(a)(3) Lead-Based Paint Accreditation and Certification Fee Rule.
    February 26, 1999. (Hereafter referred to as the Fees Rule EA.)

[^2]: 2 ^2^Economic Analysis of the Final TSCA Section 402 (a) (3)
    Lead-Based Paint Accreditation and Certification Fee Rule

[^3]: 3 ^3^ Personal communications with Training Providers.

[^4]: 4 ^4^ Personal communications with Massachusetts firms.