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1 EO12866_Rin2070-AJ57_LRRP Clearance_FRM_ICR-Addendum_2011-04-08 

2 

3 EO 12866 Review Draft of 3/25/2011 

4 

5 Supporting Statement for a Request for OMB Review 

6 Under the Paperwork Reduction Act 

7 

8 1. Identification of the Information Collection

9 

10 1(a) Title of the Information Collection 

11 

12 TITLE: ICR Addendum for Final Rule entitled “Lead; Clearance and Clearance Testing 

13 Requirements for the Renovation, Repair, and Painting Program; Final Rule” 

14 (RIN 2070–AJ57) 

15 

16 ICR No. EPA ICR No. 2381.02; OMB Control No. 2070-NEW 

17 

18 1(b) Short Characterization/Abstract 

19 

20 The following information collection request (ICR) addendum covers revisions to the 2008 

21 Renovation, Repair, and Painting (RRP) rule which established reporting and recordkeeping requirements 

22 for individuals and firms conducting renovations in target housing, which is most housing constructed 

23 before 1978, and child-occupied facilities, which are pre-1978 residential, public, or commercial 

24 buildings where children under 6 are regularly present. EPA is revising the RRP rule under the authority 

25 of Sections 402, 404 and 407 of the Toxic Substances Control Act (TSCA). This ICR addendum revises 

26 the existing approved ICR to incorporate amendments to the reporting and recordkeeping requirements as 

27 contained in a final rule expected to be published in the Federal Register in July, 2011. 

28 

29 Section 402(a) of TSCA requires EPA to develop and administer a training and certification 

30 program as well as work practice standards for persons who perform lead-based paint activities. The 

31 current regulations in 40 CFR part 745, subpart L, cover inspections, lead hazard screens, risk 

32 assessments, and abatement activities in target housing, which is most pre-1978 housing, and child33 occupied facilities. 

34 

35 Like the regulations under Section 402(a) of TSCA, the regulations pertaining to renovation 

36 projects under Section 402(c)(3) of TSCA require reporting and/or recordkeeping from three entities: 

37 firms engaged in renovations in target housing and child-occupied facilities; training providers; and 

38 States/Territories/Tribes/Alaskan Native Villages (hereafter, the term “States” includes Territories, Tribes 

39 and Villages). The following sections provide a general overview of the reporting and recordkeeping 

40 requirements for firms, States, and training providers, discussed in more detail in section 4(b). 

41 

42 Firms. Firms that wish to engage in renovations in target housing or child-occupied facilities 

43 must obtain certification from EPA/States. This includes firms consisting only of one self44 employed individual. To receive certification, a firm must submit a letter to EPA/States 

45 certifying that it will employ certified renovators and conduct renovations in target housing in 

46 accordance with the work practice standards. Firms must re-certify every five years. The rule 

47 also requires firms to develop and retain records of the renovation activities they undertake to 

48 demonstrate compliance with standards and provide a written record for future reference. In 

49 addition, for renovations in child-occupied facilities located in public or commercial buildings, 

50 the rule requires firms to provide the building owner and adult representative of the child51 occupied facility with a lead hazard information pamphlet. After providing the pamphlet to the 
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52 owner and occupant and obtaining written acknowledgment, the firm must keep acknowledgment 

53 records on file for three years after completion of work. Renovation firms must also either (i) 

54 provide the lead hazard information pamphlet and general information on the renovation to 

55 parents or guardians of children under age 6 using the facility, or (ii) erect signs that provide 

56 general information on the renovation accompanied by the pamphlet or information on how to 

57 obtain a copy of it. (Existing regulations require the distribution of a lead hazard information 

58 pamphlet, and the associated recordkeeping, before renovations in all target housing. This burden 

59 is reflected in EPA ICR No. 1669, Lead-Based Paint Pre-Renovation Information Dissemination 

60 – TSCA Sec. 406(b), and is approved under OMB Control No. 2070-0158.) The reporting and 

61 recordkeeping requirements are necessary to provide EPA compliance monitoring and 

62 enforcement personnel with information necessary to track compliance activity and to prioritize 

63 inspections. The Agency believes that the distribution of the pamphlet will help to further reduce 

64 exposures that can cause serious lead poisonings in children under age six, who are particularly 

65 susceptible to the hazards of lead. The final rule modifies some of the mandatory work practices 

66 for firms, but does not impose any additional reporting or recordkeeping requirements on firms. 

67 

68 States. Under TSCA section 404, EPA must review and assess State submissions to determine 

69 whether to grant authorization to administer a program addressing training, certification, 

70 accreditation and standards for LBP activities. A State seeking authorization will need to provide 

71 information to EPA so the Agency may determine whether its program is at least as protective of 

72 human health and the environment as the Federal program and whether it provides adequate 

73 enforcement. Authorized States need to provide a report to EPA on their activities. The final rule 

74 modifies the minimum elements required for State programs in order to demonstrate that they are 

75 at least as protective as the Federal program. 

76 

77 Training providers. Training programs seeking to offer training for renovators or dust sampling 

78 technicians must obtain EPA/State accreditation. In order for EPA/States to have the information 

79 necessary to evaluate and accredit the training programs, training providers must prepare and 

80 submit application packages. Training programs also must certain records related to their 

81 students and training personnel qualifications. Training programs are required to notify the 

82 Agency 1) prior to providing training courses, and 2) following completion of training courses. 

83 Training programs must apply for re-accreditation every four years. These notification 

84 requirements are necessary to provide EPA compliance monitoring and enforcement personnel 

85 with information necessary to track compliance activity and to prioritize inspections. The final 

86 rule makes several minor modifications to the accreditation application package requirements and 

87 the notification requirements. 

88 

89 This rulemaking related ICR Addendum will eventually merge with the existing ICR that covers 

90 the information collection activities associated with the reporting and recordkeeping requirements for 

91 individuals or firms conducting lead-based paint activities or renovation in or on houses, apartments, or 

92 child-occupied facilities built before 1978, under the authority of sections 402 and 404 of the Toxic 

93 Substances Control Act (TSCA) (15 U.S.C. 2682, 2684). That existing ICR is entitled: “TSCA Section 

94 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based 

95 Paint Activities” and identified by EPA ICR No. 1715, and OMB Control No. 2070-0155. 

96 

97 2. Need for and Use of the Collection

98 

99 2(a) Need/Authority for the Collection 

100 

101 Under Section 402(a)(1) of TSCA, the Agency must “...promulgate final regulations governing 

102 lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that 
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103 training programs are accredited; and that contractors engaged in such activities are certified. Such 

104 regulations shall contain standards for performing lead-based paint activities, taking into account 

105 reliability, effectiveness and safety.” 

106 

107 Section 402(a)(2) states that “Final regulations promulgated under [section 402(a)] paragraph (1) 

108 shall contain specific requirements for the accreditation of ... training programs ... including, but not 

109 limited to: 

110 

111 - Minimum requirements for the accreditation of training providers; 

112 - Minimum training curricula requirements; 

113 - Minimum training hour requirements; 

114 - Minimum hands-on training requirements; 

115 - Minimum training competency and proficiency requirements; 

116 - Minimum requirements for training program quality.” 

117 

118 Section 402(c)(3) directs EPA to revise its regulations under TSCA Section 402(a) to apply to 

119 renovation and remodeling activities that create lead-based paint hazards. 

120 

121 Section 404(a) of TSCA states that “[a]ny State which seeks to administer and enforce 

122 the standards, regulations, or other requirements established under section 402 may...develop and 

123 submit to the Administrator an application, in such form as the Administrator shall require, for 

124 authorization of such a State program.” The Agency shall approve such an application, if it finds 

125 that “...the State program is at least as protective of human health and the environment as the 

126 Federal program under section 402...and such State program provides adequate enforcement.” 

127 

128 Section 407 of TSCA states that regulations issued under Title IV of TSCA shall include such 

129 recordkeeping and reporting requirements as may be necessary to ensure effective implementation. 

130 

131 The Agency’s amendments to the regulations issued under Sections 402(a), 402(c)(3), 404, and 

132 407 fulfill these statutory mandates. 

133 

134 2(b) Practical Utility/Users of the Data 

135 

136 Owners and Occupants of Target Housing and Child-occupied Facilities

137 

138 The RRP rule already requires firms to provide a renovation-specific lead hazard information 

139 pamphlet to owners and occupants of target housing and child-occupied facilities before renovations 

140 commence. The RRP rule also requires owners and occupants to be provided with a copy of the 

141 recordkeeping checklist that firms complete to demonstrate compliance with the RRP rule. This final rule 

142 does not make any changes to the information required to be provided to the owners and occupants. 

143 

144 EPA

145 

146 This information collection will provide EPA with the materials necessary to authorize State 

147 renovation, repair, and painting programs, as TSCA Title IV directs, and to serve as the accrediting and 

148 certifying body in States without authorized programs. 

149 

150 EPA/States

151 

152 The underlying collection enables EPA/States to determine compliance with and enforce the 

153 requirements for renovation-specific training, certification, accreditation, and work practice standards. 
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154 Without this collection, there would be no meaningful way of ensuring the implementation of the 

155 statutory objective: to ensure that trained individuals conduct renovations in such a way as to minimize 

156 potential harm to occupants. 

157 

158 It is the nature of certification and accreditation that an entity seeking such must provide 

159 materials to the certifying or accrediting body. The materials the Agency/State requires for these 

160 activities are central to the activity. In addition, EPA relies training provider notifications to keep track of 

161 which individuals have received accredited renovator training. This information will be a critical part of 

162 EPA’s compliance monitoring and enforcement activities. The final rule makes several minor 

163 modifications to the training provider accreditation application package requirements and the training 

164 provider notification requirements. These modifications will improve the ability of EPA and the States to 

165 administer training accreditation programs. 

166 

167 The records renovation firms have to compile and retain are necessary as a reference for building 

168 owners/occupants, EPA or authorized entities. The records demonstrate that individuals conducting the 

169 activities do so in a safe and effective manner, according to the minimum work practice standards 

170 established by the rule. These recordkeeping requirements are also necessary to permit the Agency to 

171 target its enforcement activities and to ensure compliance within the contracting and training community. 

172 

173 3. Nonduplication, Consultations, and Other Collection Criteria

174 

175 3(a) Nonduplication 

176 

177 The Agency’s collection pursuant to the TSCA 402/404/406/407 regulations does not duplicate 

178 any other collection. There is no other model program for lead-based paint activities and renovations, or 

179 associated State program approval process, and there are currently no other Federal requirements for the 

180 training and certification of individuals engaged in these activities, for the accreditation of training 

181 programs, required standards for the conduct of these activities, or lead hazard information distribution 

182 requirements for renovations in child-occupied facilities. 

183 

184 3(b) Public Notice Required Prior to ICR Submission to OMB 

185 

186 The notice of proposed rulemaking served as the public notice for this ICR addendum. Interested 

187 parties submitted comments. Responses were taken into account in developing the final rulemaking. 

188 

189 In addition, OMB reviewed the ICR addendum for the proposed rule and on October 4, 2010, 

190 filed the following comment: “Terms of the previous clearance remain in effect. The agency should 

191 consider whether the testing requirements that would be required by this rulemaking have practical utility 

192 to the recipients of the results.” (Identified as OMB ICR Reference Number: 201005-2070-001). Since 

193 EPA is not finalizing the proposed testing requirement, this comment I not relevant to this ICR 

194 addendum. 

195 

196 3(c) Consultations 

197 

198 During the development of the 2008 RRP rule, the Agency consulted with a broad range of 

199 interested parties, including States, training providers, renovation contractors, and advocacy groups. 

200 More information on EPA’s consultations with stakeholders can be found in the preamble to the 2006 

201 RRP proposal and the preamble to the 2007 supplemental notice of proposed rulemaking. Summaries and 

202 transcripts of meetings with stakeholders can be found in the rulemaking docket (EPA-HQ-OPPT-2005-

203 0049). 

204 

205 3(d) Effects of Less Frequent Collection 
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206 

207 Due to the nature of this regulation and its collection, less frequent collection is not feasible. In 

208 particular, each firm must obtain certification and re-certification, each training program must obtain 

209 accreditation and re-accreditation, and provide specific notification and documentation prior to 

210 commencement and upon completion of each course, and each renovation activity is a separate and 

211 unique event requiring specific documentation. Program approval for States is a one-time activity, 

212 although there is ongoing reporting. 

213 

214 3(e) General Guidelines 

215 

216 This ICR is consistent with OMB’s general guidelines. Firms are required to maintain records for 

217 three years and training providers to maintain records for three and one-half years. Authorized States 

218 must report once a year for the first three years, and biannually thereafter. The final rule requires training 

219 providers to maintain records of renovation and dust sampling technician training courses for five years, 

220 because five years is the length of the refresher training cycle for certified renovators and dust sampling 

221 technicians. 

222 

223 3(f) Confidentiality 

224 

225 Neither the existing regulations nor the final rule amendments address questions of a confidential 

226 nature. 

227 

228 3(g) Sensitive Questions 

229 

230 Neither the existing regulations nor the final rule amendments address questions of a sensitive 

231 nature. 

232 

233 4. The Respondents and the Information Requested

234 

235 4(a) Respondents/NAICS Codes 

236 

237 Respondents for the reporting, third-party notification and recordkeeping requirements of the 

238 RRP rule include: 1) firms and individuals engaged in residential renovations, 2) firms and individuals 

239 engaged in renovations in child-occupied facilities, and 3) training programs providing training services 

240 in lead-based paint activities and renovations. This final rule affects only the reporting and recordkeeping 

241 obligations of training programs. The North American Industrial Classification System (NAICS) codes 

242 associated with industries most likely affected by the paperwork requirements covered in the existing ICR 

243 and this proposed addendum are described below: 

244 

245 236118 Residential Remodelers 

246 238210 Electrical Contractors 

247 238220 Plumbing, Heating, and Air-Conditioning Contractors 

248 238320 Painting and Wall Covering Contractors 

249 238350 Finish Carpentry Contractors 

250 238310 Drywall and Insulation Contractors 

251 238170 Siding Contractors 

252 238340 Tile and Terrazzo Contractors 

253 238150 Glass and Glazing Contractors 

254 238390 Other Building Finishing Contractors 

255 238290 Other Building Equipment Contractors 

256 531110 Lessors of Residential Buildings and Dwellings 

257 531311 Residential Property Managers 
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258 541330 Engineering Services 

259 541350 Building Inspection Services 

260 611110 Elementary and Secondary Schools 

261 611519 Other Technical and Trade Schools 

262 624410 Child Day Care Services 

263 

264 4(b) Information Requested 

265 

266 The existing renovation regulations specify reporting and record keeping for training providers 

267 and individuals/firms undertaking renovation activities. The final rule makes minor changes in the 

268 reporting and recordkeeping obligations of training providers. 

269 

270 (i) Data Items 

271 

272 Training Providers

273 

274 To gain accreditation, training providers must submit the following documents to 

275 EPA/State, using either the sample EPA Form 8500-25, entitled “Accreditation Application for 

276 Training Programs” or a similar form containing the required information: 

277 

278 - An accreditation statement that clearly indicates how the training program meets the 

279 minimum requirements for accreditation, and 

280 - A quality control plan, which outlines procedures for periodic revision of training 

281 materials and exams, annual review of instructors, and adequacy of the training facilities. 

282 

283 This final rule would require training providers to include documentation of training manager and 

284 principal instructor qualifications with their accreditation applications. In addition, if training providers 

285 wish to use course materials approved by authorized State programs, the providers must submit copies of 

286 the course materials along with their applications. 

287 

288 On occasion, training providers may later amend their accreditation application to add or modify 

289 information. The final rule requires training providers to amend their accreditation applications within 90 

290 days of the date that information submitted in the most recent application changes. If the change involves 

291 a new training manager, principal instructor, or permanent training location, the training provider must 

292 wait 30 days before presenting courses. Accredited training providers must apply for re-accreditation 

293 every four years. 

294 

295 To comply with the Renovation, Repair, and Painting rule, training providers must notify EPA 

296 both before offering each course (to facilitate EPA’s enforcement activities) and after each course (so 

297 EPA has a record of the individuals who have completed the course). Training providers must use either 

298 the sample form entitled “Lead-Based Paint Activities and Renovation Training Notification” or a similar 

299 form containing the required information. Training providers may provide electronic submissions using 

300 the Agency’s secure, internet-based Central Data Exchange (CDX). (The paperwork activities, and 

301 related burden and costs, associated with CDX user registration are described in another ICR that is 

302 currently approved by OMB under OMB Control No. 2025-0003.) The initial notice must include the 

303 following: 

304 

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

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

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

308 given; 

309 - Date(s) and time(s) of training; 
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310 - Training location(s) phone number, and street address; 

311 - Principal instructor’s name; and 

312 - Training manager’s name and signature. 

313 

314 Training providers must update the Agency regarding any changes to training dates, course 

315 locations, course cancellations, or other changes made to the original notice. 

316 

317 Following completion of lead-based paint activities, renovator, or dust sampling technician 

318 courses, training providers must provide notice using either the sample form, entitled “Lead-Based Paint 

319 Activities and Renovation Post-Training Notification” or a similar form containing the required 

320 information. Training providers may provide electronic submissions using the Agency’s CDX. The 

321 notice must include the following: 

322 

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

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

325 - Date(s) of training; 

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

327 o Name 

328 o Address 

329 o Date of birth 

330 o Digital photograph 

331 o Course completion certificate number 

332 o Student test score 

333 o Training manager’s name and signature 

334 

335 In addition, for renovator and dust sampling technician courses, the training course provider must 

336 take a digital photograph of each trainee and submit it to EPA along with its training course follow-up 

337 information. 

338 

339 Training course providers must maintain the following records: 

340 

341 - Records demonstrating the qualifications of the training manager and the 

342 principal instructor(s); 

343 - Current curriculum and course materials; 

344 - Course test blueprints; 

345 - Information on how hands-on assessments are conducted; 

346 - Quality control plan; 

347 - Results of students’ hands-on assessments and course test; 

348 - Record of each student’s course completion certificate. 

349 

350 In addition, providers of e-learning courses must also maintain records on each student’s course 

351 log-ins, launches, progress, and completion. 

352 

353 Firms

354 

355 To obtain certification firms must submit specific materials to EPA/State, using either the sample 

356 EPA Form 8500-27R entitled “Application for Firms to Conduct Renovations” or a similar form 

357 containing the required information: 

358 

359 - List of current permits, licenses, certifications, or registrations in the lead-based paint 

360 field held by the firm; 

361 - Explanation of any violations related to lead-based paint; 
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362 - Certification statement that the firm will employ only properly certified or trained 

363 individuals and that its employees will follow the specified work practice standards. 

364 

365 On occasion, firms may later amend their application to add or modify information. Certified 

366 firms must apply for re-certification every five years. 

367 

368 Firms performing renovations in target housing and child-occupied facilities in public or 

369 commercial buildings must provide lead hazard information pamphlets to property owners and tenants or 

370 child-occupied facility representatives. Firms must also either (i) provide the pamphlet and general 

371 information on the renovation to parents or guardians of children under age 6 using the facility, or (ii) 

372 erect signs that provide general information on the renovation accompanied by the pamphlet or 

373 information on how to obtain a copy. Firms must prepare and maintain documentation providing proof 

374 that pamphlets were provided to building owners and child-occupied facility representatives, or that an 

375 attempt was made to provide the pamphlets. Examples of such documentation include signed 

376 acknowledgment forms, self-certifications for failed deliveries, and postal receipts for mailings. Firms 

377 must also document their activities with respect to the notification of parents and guardians of child378 occupied facilities. For example, the firm could prepare a signed, dated description of the notification 

379 activities performed in connection with a particular renovation. 

380 

381 In addition, firms conducting renovations are required to maintain records demonstrating 

382 compliance with the final rule requirements for using certified renovators and properly trained workers, 

383 posting signs, containing the renovation work area, cleaning the renovation work area, and performing a 

384 post-renovation cleaning verification or dust clearance testing after the renovation activity has been 

385 completed. 

386 

387 The final rule does not modify firm reporting or recordkeeping requirements. 

388 

389 States

390 

391 In order to obtain authorization from EPA to administer and enforce a renovation, repair, and 

392 painting program under section 404, States must prepare: 

393 

394 - A notice of intent to seek authorization, and 

395 - An application for authorization identifying the agencies responsible for implementation, 

396 administration, and enforcement of the program, and a description of the authority and 

397 responsibilities vested in such agencies. 

398 

399 Authorized States must submit to EPA a report summarizing implementation and enforcement 

400 activities, including a list of enforcement actions taken and any changes in content, administration, or 

401 enforcement of the State program. While the final rule modifies the elements State programs must have 

402 to obtain authorization, it does not modify authorized State reporting or recordkeeping requirements. 

403 

404 (ii) Respondent Activities 

405 

406 The final rule makes minor changes to the accreditation application and amendment 

407 requirements, and extends the recordkeeping requirements for records associated with renovator or dust 

408 sampling technician courses from 3 years and 6 months to 5 years. Training providers will perform the 

409 following activities: 

410 

411 - read the regulation; 

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

413 - amend accreditation application as needed; 
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414 - submit an initial and, if needed, amended notification of courses to be given; 

415 - provide notice of completion of all courses offered; 

416 - retain records; and 

417 - provide accrediting entity access to records as requested. 

418 

419 5. Agency Activities, Collection Methodology, and Information Management

420 

421 5(a) Agency Activities 

422 

423 EPA will perform the following activities in response to the submittals required by this final rule: 

424 

425 - Receive, review, and act on applications for accreditation and amended applications from 

426 training providers. 

427 

428 5(b) Collection Methodology and Management 

429 

430 For purposes of this existing collection and this final rule, the Agency will make use of existing 

431 technology to simplify the application and notification process where possible. In addition to the more 

432 traditional methods (mail, commercial delivery service, or hand delivery), the Agency accepts fax and e433 mail course notifications from training providers as well as notifications through the Central Data 

434 Exchange (CDX). E-mail notification must be followed by a written notification for the record, but the 

435 original e-mail notice would satisfy the applicable notification time requirements. 

436 

437 5(c) Small Entity Flexibility 

438 

439 EPA has attempted to ensure that its proposed regulatory requirements do not unduly burden 

440 small businesses. As part of the development process for the 2008 RRP rule, the Agency convened a 

441 Small Business Advocacy Review Panel under the Regulatory Flexibility Act. More information on the 

442 Panel, and the Agency’s assessment of the impacts on small businesses, can be found in the preamble to 

443 the 2008 RRP rule. 

444 

445 5(d) Collection Schedule 

446 

447 For certification, accreditation, and authorization, collection activities will occur according to the 

448 following schedule: 

449 

450 - Training programs may apply for accreditation at any time; 

451 - Training programs must amend their applications when information changes; 

452 - Training programs must seek re-accreditation at four-year intervals following initial 

453 accreditation; 

454 - Training programs submit notification of training to EPA before each course; 

455 - Training programs submit post-training notification to EPA after each course; 

456 - Firms may apply for certification at any time; 

457 - Firms must amend their applications when information changes; 

458 - Firms must seek re-certification at five-year intervals following initial certification; 

459 - Renovators and dust sampling technicians may take training at any time; 

460 - Renovators and dust sampling technicians must take refresher training at five-year 

461 intervals following initial training; 

462 - States may apply for authorization at any time; 

463 - Authorized States must report once a year for the first three years, and biannually 

464 thereafter. 

465 
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466 With respect to the existing collection, the Agency believes that receipt of notification 7 business days 

467 prior to conducting training courses is necessary to facilitate the inspection of training locations. The 

468 existing regulation also includes provisions for updating the original notification. The Agency 

469 determined that the time periods for initial notification will also apply to a change in course location, or if 

470 the course is to be presented earlier than described in the original notification. Other changes, including 

471 cancellation of courses, need only be received by the Agency at least 2 business days before a training 

472 course is scheduled to begin. Such notification periods are appropriate to allow proper allocation of EPA 

473 compliance monitoring and enforcement resources, and to prevent the arrival of Agency personnel at the 

474 wrong location or time. 

475 

476 6. Estimating The Burden And Cost

477 

478 This section estimates the incremental burden of reporting and recordkeeping for the revisions to 

479 the 2008 Lead Renovation, Repair, and Painting Program final rule, also known as the RRP or LRRP rule. 

480 This burden is incremental to the burden already accounted for in the existing, approved ICR (EPA ICR 

481 No. 1715.10). The estimates of the number of entities subject to the rule’s requirements and the unit 

482 burden and cost of the requirements were taken from the ICR supporting statement Final Rule Addendum 

483 to an Existing EPA ICR Entitled: TSCA Sections 402/404 Training and Certification, Accreditation, and 

484 Standards for Lead-Based Paint Activities (EPA ICR No. 1715.10, OMB 2070-0155), the Economic 

485 Analysis for the TSCA Lead Renovation, Repair and Painting Program, Final Rule for Target Housing 

486 and Child-Occupied Facilities, also referred to as the Economic Analysis for the Final Rule, and from the 

487 Economic Analysis for the TSCA Lead Renovation, Repair, and Painting Program Opt-out and 

488 Recordkeeping Final Rule for Target Housing and Child-Occupied Facilities, also referred to as the 

489 Economic Analysis for the Opt-Out Rule. This supporting statement provides burden and cost estimates 

490 for the first three years of the program. All costs are presented in year 2008 dollars. 

491 

492 This final rule includes the following changes to the LRRP program: (1) a requirement for 

493 training providers to submit documentation of training manager and principal instructor qualifications to 

494 EPA along with their applications for accreditation; (2) a requirement for training providers to maintain 

495 records of renovator and dust sampling technician courses for 5 years. 

496 

497 Sections 6(a) and 6(b) estimate the respondents’ paperwork burdens and costs, respectively. 

498 Section 6(c) estimates EPA costs, section 6(d) summarizes the bottom line burden and costs, section 6(e) 

499 describes the reasons for changes in burden from the previous ICR, and section 6(f) presents the burden 

500 statement. 

501 

502 6(a) Estimating Respondent Burden

503 

504 One type of respondent will be affected by this information collection request: training providers. 

505 The notification reporting estimates include the time associated with photocopying training manager and 

506 principal instructor qualifications. The recordkeeping burden estimates include the time required for the 

507 respondent to file a record of the information. 

508 

509 The Economic Analysis for the Opt-Out Rule estimates that 170 training providers will be 

510 accredited to provide renovator training. As described in Section 2.9.1 of the Economic Analysis for the 

511 Final Rule, 94 percent of firms in the Other Technical and Trade Schools industry category are small 

512 businesses (EPA 2008). Therefore, it is assumed that 94 percent of the 170 training providers, or 159, are 

513 small. 

514 

515 Training providers are already required to obtain and retain documentation of the qualifications of 

516 their training managers and principal instructors. This final rule merely requires copies to be sent to EPA 

517 along with applications for accreditation or re-accreditation. EPA estimates that these materials will 
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518 consist of a 1-page resume and, possibly, a copy of a diploma, course completion certificate, or transcript. 

519 For a training provider with one training manager and one principal instructor, this will mean an 

520 additional 2-4 photocopies per application. In the draft Information Collection Request Supporting 

521 Statement accompanying the proposed rule, EPA estimated that each photocopy costs $0.09 (EPA 2010). 

522 Four photocopies would thereby result in a total cost of $0.36 per accreditation or reaccreditation 

523 application. An application for reaccreditation must be submitted every 4 years in order to maintain 

524 accreditation. 

525 

526 With respect to recordkeeping, training providers are required to keep records associated with 

527 training courses for 3 years and 6 months. The final rule extends this period to 5 years for renovator and 

528 dust sampling technician courses. The Economic Analysis for the Final Rule estimated that a total of 170 

529 training providers would become accredited for renovator training, and 56 renovator courses per training 

530 provider would be needed to train the renovators required for the first year that the RRP rule was 

531 effective. EPA’s economic analysis for the Opt-Out and Recordkeeping Final Rule estimated that no new 

532 training providers would become accredited, and a total of 30 additional renovator courses per existing 

533 training provider would be needed to train the additional renovators required during the first year after the 

534 Opt-Out Rule took effect. According to these analyses, a total of 20 renovator courses would be needed 

535 per training provider during subsequent years. These analyses also estimated that 1 page of records 

536 would be kept for each notification provided, including pre-course notifications, re-notifications, and 

537 post-course notifications. Each course would require a pre-notification before the course began, giving 

538 general information on the training provider and the time and place for the course, and a post-notification 

539 after the course, which would include general information on the provider and information on successful 

540 trainees and their photographs. EPA estimated that 12 percent of courses would also require a re541 notification due to changes in date, time, or location. Thus, during the first year, 86 courses would have 

542 been provided by each training provider, resulting in 182 notifications that would have to be kept for an 

543 additional 2 years, approximately, depending upon when the course was actually given. Additional years 

544 would add 20 courses per year per training provider, resulting in 42 notifications that would have to be 

545 kept for an additional 18 months. In its economic analysis for the Opt-Out Rule, EPA estimated the 

546 recordkeeping costs per notification would total $0.24. Pro-rating this amount for 5 years results in an 

547 estimated recordkeeping cost of $0.34 per notification. Thus, recordkeeping costs for the 86 courses 

548 given per training provider in the first year would total $61.88 instead of $43.68. The recordkeeping costs 

549 for the 20 courses given per training provider in subsequent years would total $6.80 instead of $4.80. 

550 These estimates cover the entire 5 year period during which the records would have to be kept. 

551 

552 6(b) Estimating Respondent Costs

553 

554 The cost estimates addressed in this section are based on the burden estimates discussed in 

555 section 6(a). Wage rates for each category of personnel are based on wage rate information from the 

Bureau of Labor Statistics (BLS)1 556 . Following are the wage rates used in this analysis, which are fully 

557 loaded (i.e., include fringe benefits and overhead), and are in 2008 US dollars:

Training Provider Clerical Time $25.56/hr 

 

558 The loaded wage rate for training provider clerical staff is $25.56 per hour. It is assumed that 

559 clerical staff will obtain photocopies of training manager and principal instructor qualifications and 

560 perform recordkeeping activities. The Economic Analysis for the Proposed Rule estimates that the 

561 recordkeeping hours per event is 0.01. 

562 

 

1

U.S. Bureau of Labor Statistics. 2008. Occupational Employment Statistics Series.
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Exhibit 6.1 Total Training Provider Costs - 2008 Dollars

 

Year 1 Year 2 Year 3 Average 

Accreditation Cost $61 0 0 $20 

Recordkeeping Cost (0.01 hours) $18 $2 $2 $7 

Total Cost $79 $2 $2 $27 

Note(s): Numbers may not calculate due to rounding. 

Sources: Economic Analysis for the Opt-Out Rule; Economic Analysis for the Final 

RRP Rule; EPA ICR No. 1715.07; and U.S. Bureau of Labor Statistics Occupational 

Employment Statistics Series (2008). 

563 

564 6(c) Estimating Agency Cost

565 

566 This final rule does not affect government costs to administer the program. 

567 

568 6(d) Bottom Line Burden Hours and Cost

569 

570 There are an estimated 170 training provider respondents for this final rule. There are an estimated 182 

571 recordkeeping responses and 1 estimated accreditation response per training provider during the first year 

572 for a total of 31,110 responses. In each of the next two years, there will be an estimated 42 recordkeeping 

573 responses and no estimated accreditation responses per training provider, for a total of 7,140 responses. 

574 The total burden per respondent is presented in Exhibit 6.1. The total annual burden hours increase is 

575 estimated to be 309.4 hours in the first year and 71.4 hours in each of the next two years. This final rule 

576 is not expected to have any impact on Agency costs to administer the program. 

577 

578 6(e) Reasons For Changes in Burden

579 

580 The burden analyzed in this ICR addendum relates directly to the amended paperwork 

581 requirements contained in the final rule and results in a program change increase. 

582 

583 Program Changes 

584 

585 The burden increase analyzed in this ICR is attributable to program changes related to the 

586 revisions to the 2008 final RRP rule. These changes would increase the number of events for certain 

587 approved information collection activities. 

588 

589 6(f) Burden Statement

590 

591 The incremental public burden for this collection of information, which is approved under OMB 

592 Control No. 2070-0155, is estimated to average approximately 0.9 hours per year for training providers. 

593 According to the Paperwork Reduction Act, “burden” means the total time, effort, or financial resources 

594 expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal 

595 agency. For this collection it includes the time needed to review instructions; develop, acquire, install and 

596 utilize technology and systems for the purposes of collecting, validating, and verifying information, 

597 processing and maintaining information, and disclosing and providing information; adjust the existing 

598 ways to comply with any previously applicable instructions and requirements; train personnel to be able 

599 to respond to a collection of information; search data sources; complete and review the collection of 

600 information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, 

601 and a person is not required to respond to, a collection of information unless it displays a currently valid 

602 OMB control number. The OMB control number for this information collection appears above. In 

603 addition, the OMB control numbers for EPA’s regulation, after initial display in the final rule, are listed in 

604 40 CFR part 9. 
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605 ATTACHMENTS TO THE SUPPORTING STATEMENT

606 

607 Attachments to the supporting statement for this rule-related ICR addendum are available in the 

608 public docket established for the rulemaking under docket identification number EPA-HQ609 OPPT-2005-0049. These attachments are available for online viewing at www.regulations.gov 

610 or otherwise accessed as described in section 6(f) of the supporting statement. 

611 

Attachment 1 Toxic Substances Control Act (TSCA), Sections 402 and 404 (15 USC 2682, 2684)

Attachment 2 Final Rule: Lead; Clearance and Clearance Testing Requirements for the 

Renovation, Repair, and Painting Program (RIN 2070-AJ57)

612 

613 Attachments 
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614 ATTACHMENT 1 

615 

616 Toxic Substances Control Act Sections 402 and 404 

617 15 U.S.C. 2682, 2684 

618 

619 Sec. 2682. Lead-based paint activities training and certification 

620 

621 (a) Regulations 

622 (1) In general 

623 Not later than 18 months after October 28, 1992, the Administrator shall, in consultation with the 

624 Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of 

625 Health and Human Services (acting through the Director of the National Institute for 

626 Occupational Safety and Health), promulgate final regulations governing lead-based paint 

627 activities to ensure that individuals engaged in such activities are properly trained; that training 

628 programs are accredited; and that contractors engaged in such activities are certified. Such 

629 regulations shall contain standards for performing lead-based paint activities, taking into account 

630 reliability, effectiveness, and safety. Such regulations shall require that all risk assessment, 

631 inspection, and abatement activities performed in target housing shall be performed by certified 

632 contractors, as such term is defined in section 4851b of title 42. The provisions of this section 

633 shall supersede the provisions set forth under the heading ‘’Lead Abatement Training and 

634 Certification’‘ and under the heading ‘’Training Grants’‘ in title III of the Act entitled ‘’An Act 

635 making appropriations for the Departments of Veterans Affairs and Housing and Urban 

636 Development, and for sundry independent agencies, commissions, corporations, and offices for 

637 the fiscal year ending September 30, 1992, and for other purposes’‘, Public Law 102-139 (105 

638 Stat. 765, 42 U.S.C. 4822 note), and upon October 28, 1992, the provisions set forth in such 

639 public law under such headings shall cease to have any force and effect. 

640 (2) Accreditation of training programs 

641 Final regulations promulgated under paragraph (1) shall contain specific requirements for the 

642 accreditation of lead-based paint activities training programs for workers, supervisors, inspectors 

643 and planners, and other individuals involved in lead-based paint activities, including, but not 

644 limited to, each of the following: 

645 (A) Minimum requirements for the accreditation of training providers. 

646 (B) Minimum training curriculum requirements. 

647 (C) Minimum training hour requirements. 

648 (D) Minimum hands-on training requirements. 

649 (E) Minimum trainee competency and proficiency requirements. 

650 (F) Minimum requirements for training program quality control. 

651 (3) Accreditation and certification fees 

652 The Administrator (or the State in the case of an authorized State program) shall impose a fee on - 

653 (A) persons operating training programs accredited under this subchapter; and 

654 (B) lead-based paint activities contractors certified in accordance with paragraph (1). 

655 The fees shall be established at such level as is necessary to cover the costs of administering and 

656 enforcing the standards and regulations under this section which are applicable to such programs 

657 and contractors. The fee shall not be imposed on any State, local government, or nonprofit 

658 training program. The Administrator (or the State in the case of an authorized State program) may 

659 waive the fee for lead-based paint activities contractors under subparagraph (A) for the purpose of 

660 training their own employees. 

661 

662 (b) Lead-based paint activities 

663 For purposes of this subchapter, the term ‘’lead-based paint activities’‘ means - 
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664 (1) in the case of target housing, risk assessment, inspection, and abatement; and 

665 (2) in the case of any public building constructed before 1978, commercial building, bridge, or 

666 other structure or superstructure, identification of lead-based paint and materials containing lead667 based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph 

668 (2), the term ‘’deleading’‘ means activities conducted by a person who offers to eliminate lead669 based paint or lead-based paint hazards or to plan such activities. 

670 

671 (c) Renovation and remodeling 

672 (1) Guidelines 

673 In order to reduce the risk of exposure to lead in connection with renovation and remodeling of 

674 target housing, public buildings constructed before 1978, and commercial buildings, the 

675 Administrator shall, within 18 months after October 28, 1992, promulgate guidelines for the 

676 conduct of such renovation and remodeling activities which may create a risk of exposure to 

677 dangerous levels of lead. The Administrator shall disseminate such guidelines to persons engaged 

678 in such renovation and remodeling through hardware and paint stores, employee organizations, 

679 trade groups, State and local agencies, and through other appropriate means. 

680 (2) Study of certification 

681 The Administrator shall conduct a study of the extent to which persons engaged in various types 

682 of renovation and remodeling activities in target housing, public buildings constructed before 

683 1978, and commercial buildings are exposed to lead in the conduct of such activities or disturb 

684 lead and create a lead-based paint hazard on a regular or occasional basis. The Administrator shall 

685 complete such study and publish the results thereof within 30 months after October 28, 1992. 

686 (3) Certification determination 

687 Within 4 years after October 28, 1992, the Administrator shall revise the regulations under 

688 subsection (a) of this section to apply the regulations to renovation or remodeling activities in 

689 target housing, public buildings constructed before 1978, and commercial buildings that create 

690 lead-based paint hazards. In determining which contractors are engaged in such activities, the 

691 Administrator shall utilize the results of the study under paragraph (2) and consult with the 

692 representatives of labor organizations, lead-based paint activities contractors, persons engaged in 

693 remodeling and renovation, experts in lead health effects, and others. If the Administrator 

694 determines that any category of contractors engaged in renovation or remodeling does not require 

695 certification, the Administrator shall publish an explanation of the basis for that determination. 

696 

697 

698 
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699 ATTACHMENT 2 

700 

701 Final Rule: Lead; Clearance and Clearance Testing Requirements for the Renovation, 

702 Repair, and Painting Program (RIN 2070-AJ57)

703 

704 This attachment is available as a document in the electronic docket for this ICR at 

705 www.Regulations.gov (EPA-HQ-OPPT-2005-0049).