*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 1 of 16 (RIN 2070-AJ57) 

### EO12866_Rin2070-AJ57_LRRP Clearance_FRM_ICR-Addendum _2011-04-08 1

2
EO 12866 Review Draft of 3/25/2011 3

4 Supporting Statement for a Request for OMB Review 5 Under the Paperwork Reduction Act 6

7

1. Identification of the Information Collection 

### 8
9 1(a) Title of the Information Collection 

### 10
11

TITLE: 

### ICR Addendum for Final Rule entitled “Lead; Clearance and Clearance Testing 12 Requirements for the Renovation, Repair , and Painting Program; Final Rule” 13 (RIN 2070–AJ57) 14
15 ICR No. EPA ICR No. 2381.02; OMB Control No. 2070-NEW 

### 16
17 1(b) Short Characterization/Abstract 

### 18
19 The following information collection request (ICR) addendum covers revisions to the 2008 

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

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

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

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

### 24 of Sections 402, 404 and 407 of the Toxic Substa nces Control Act (TSCA). This ICR addendum revises 

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

### 26 contained in a final rule expected to be publis hed in the Federal Register in July, 2011. 

### 27
28 Section 402(a) of TSCA requires EPA to develop and administer a training and certification 

### 29 program as well as work practice standards for pers ons who perform lead-based paint activities. The 

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

### 31 assessments, and abatement activities in target hous ing, which is most pre-1978 housing, and child

### 32 occupied facilities. 

### 33
34 Like the regulations under Section 402(a) of TSCA, the regulations pertaining to renovation 

### 35 projects under Section 402(c)(3) of TSCA require repor ting and/or recordkeeping from three entities: 

### 36 firms engaged in renovatio ns in target housing and child-occupi ed facilities; training providers; and 

### 37

States/Territories/Tribes/Alaskan Nativ e Villages (hereafter, the term “S tates” includes Territories, Tribes 

### 38 and Villages). The following secti ons provide a general overview of the reporting and recordkeeping 

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

### 40
41

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

### 42 must obtain certification from EPA/States. This includes firms consisting only of one self

### 43 employed individual. To receive certificati on, a firm must submit a letter to EPA/States 

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

### 45 accordance with the work pr actice standards. Firms must re-certify every five years. The rule 

### 46 also requires firms to develop and retain reco rds of the renovation activities they undertake to 

### 47 demonstrate compliance with standards and provid e a written record for future reference. In 

### 48 addition, for renovations in child-occupied fac ilities located in public or commercial buildings, 

### 49 the rule requires firms to provide the buildi ng owner and adult representative of the child

### 50 occupied facility with a lead hazard information pamphlet. After providing the pamphlet to the 

### 51*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 2 of 16 (RIN 2070-AJ57) owner and occupant and obtain ing written acknowledgment, the firm must keep acknowledgment 

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

### 53 provide the lead hazard information pamphlet and general information on the renovation to 

### 54 parents or guardians of children under age 6 usin g the facility, or (ii) erect signs that provide 

### 55 general information on the renovation accompanied by the pamphlet or information on how to 

### 56 obtain a copy of it. (Existing regulations requi re the distribution of a lead hazard information 

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

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

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

### 60 recordkeeping requirements are necessary to provide EPA compliance monitoring and 

### 61 enforcement personnel with information necessary to track compliance activity and to prioritize 

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

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

### 64 susceptible to the hazards of lead. The final ru le modifies some of the mandatory work practices 

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

### 66
67
States. Under TSCA section 404, EPA must review and assess State submissions to determine 

### 68 whether to grant authorization to administer a program addressing training, certification, 

### 69

accreditation and standards for LBP activities. A Stat e seeking authorization will need to provide 

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

### 71

human health and the environment as the Fede ral program and whether it provides adequate 

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

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

### 74 at least as protective as the Federal program. 

### 75

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

### 77

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

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

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

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

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

### 82 Training programs must apply for re-accredita tion every four years. These notification 

### 83 requirements are necessary to provide EPA comp liance monitoring and enforcement personnel 

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

### 85

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

### 86 the notification requirements. 

### 87
88 This rulemaking related ICR Adde ndum will eventually merge with the existing ICR that covers 

### 89

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

### 90 individuals or firms conducting lead-based paint activit ies or renovation in or on houses, apartments, or 

### 91 child-occupied facilities built before 1978, under th e authority of sections 402 and 404 of the Toxic 

### 92 Substances Control Act (TSCA) (15 U.S.C. 268 2, 2684). That existing ICR is entitled: “ 

### TSCA Section 93 402 and Section 404 Training and Certification, A ccreditation and Standards for Lead-Based 94
Paint Activities” and identified by EPA ICR No. 1715, and OMB Control No. 2070-0155. 

### 95

96

2. Need for and Use of the Collection 

### 97 98 2(a) Need/Authority for the Collection 

### 99 100 Under Section 402(a)(1) of TSCA, the Agency must “...promulgate final regulations governing 

### 101 lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that 

### 102*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 3 of 16 (RIN 2070-AJ57) training programs are accredited; and that contractor s engaged in such activities are certified. Such 

### 103 regulations shall contain standards for performi ng lead-based paint activities, taking into account 

### 104 reliability, effectiveness and safety.” 

### 105
106 Section 402(a)(2) states that “Final regulations promulgated under [section 402(a)] paragraph (1) 

### 107 shall contain specific requirements for the accreditati on of ... training progra ms ... including, but not 

### 108

limited to: 

### 109
110

- Minimum requirements for the accreditation of training providers; 

### 111

- Minimum training curricula requirements; 

### 112

- Minimum training hour requirements; 

### 113

- Minimum hands-on training requirements; 

### 114

- Minimum training competency and proficiency requirements; 

### 115

- Minimum requirements for training program quality.” 

### 116
117 Section 402(c)(3) directs EPA to revise its re gulations under TSCA Section 402(a) to apply to 

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

### 119
120 Section 404(a) of TSCA states that “[a]ny State which seeks to administer and enforce 121 the standards, regulations, or other requirements establishe d under section 402 may...develop and 122 submit to the Administrator an application, in su ch form as the Administrator shall require, for 123 authorization of such a State program.” The Agen cy shall approve such an application, if it finds 124 that “...the State program is at least as protec tive of human health and the environment as the 125 Federal program under section 402...and such State program provides adequate enforcement.” 126
127 Section 407 of TSCA states that regulations issu ed under Title IV of TSCA shall include such 

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

### 129
130 The Agency’s amendments to the regulations issued under Sections 402(a), 402(c)(3), 404, and 

### 131 407 fulfill these statutory mandates. 

### 132
133 2(b) Practical Utility/Users of the Data 134
135 Owners and Occupants of Target H ousing and Child-occupied Facilities 

### 136
137 The RRP rule already requires firms to provide a renovation-specific lead hazard information 

### 138 pamphlet to owners and occupants of target hous ing and child-occupied fac ilities before renovations 

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

### 140 recordkeeping checklist that firms complete to demonstr ate compliance with the RRP rule. This final rule 

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

### 142
143

EPA 

### 144
145 This information collection will provide EPA w ith the materials necessary to authorize State 

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

### 147 certifying body in States without authorized programs. 

### 148 149

EPA/States 

### 150
151 The underlying collection enables EPA/States to determine compliance with and enforce the 

### 152 requirements for renovation-specific training, certifica tion, accreditation, and work practice standards. 

### 153*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 4 of 16 (RIN 2070-AJ57) Without this collection, there would be no meaningful way of ensuring the implementation of the 

### 154 statutory objective: to ensure that trained individua ls conduct renovations in such a way as to minimize 

### 155 potential harm to occupants. 

### 156
157 It is the nature of certification and accreditation that an entity seeking such must provide 

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

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

### 160

which individuals have received accredited renovator trai ning. This information will be a critical part of 

### 161 EPA’s compliance monitoring and enforcement activ ities. The final rule makes several minor 

### 162 modifications to the training provider accreditati on application package requirements and the training 

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

### 164 administer training accreditation programs. 

### 165
166 The records renovation firms have to compile and retain are necessary as a reference for building 

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

### 168 activities do so in a safe and effective manner, acco rding to the minimum work practice standards 

### 169 established by the rule. These recordkeeping require ments are also necessary to permit the Agency to 

### 170 target its enforcement activities and to ensure complia nce within the contracting and training community. 

### 171
172 3. Nonduplication, Consultations, and Other Collection Criteria 

### 173
174 3(a) Nonduplication 

### 175
176 The Agency’s collection pursuant to the TSCA 402/404/406/407 regulations does not duplicate 

### 177 any other collection. There is no other model progra m for lead-based paint activities and renovations, or 

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

### 179 training and certification of indi viduals engaged in these activities, for the accreditation of training 

### 180 programs, required standards for the conduct of th ese activities, or lead hazard information distribution 

### 181 requirements for renovations in child-occupied facilities. 

### 182
183 3(b) Public Notice Required Prior to ICR Submission to OMB 

### 184 185 The notice of proposed rulemaking served as the publ ic notice for this ICR addendum. Interested 

### 186 parties submitted comments. Respon ses were taken into account in de veloping the final rulemaking. 

### 187
188 In addition, OMB reviewed the ICR addendum fo r the proposed rule and on October 4, 2010, 

### 189 filed the following comment: “Terms of the previous clearance remain in e ffect. The agency should 

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

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

### 192 EPA is not finalizing the proposed testing requireme nt, this comment I not relevant to this ICR 

### 193

addendum. 

### 194 195 3(c) Consultations 

### 196
197 During the development of the 2008 RRP rule, the Agency consulted with a broad range of 

### 198 interested parties, including States, training pr oviders, renovation contractors, and advocacy groups. 

### 199

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

### 200 RRP proposal and the preamble to the 2007 supplemen tal notice of proposed rulemaking. Summaries and 

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

### 202 0049). 

### 203
204 3(d) Effects of Less Frequent Collection 

### 205*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 5 of 16 (RIN 2070-AJ57) 

### 206 Due to the nature of this regulation and its coll ection, less frequent collection is not feasible. In 

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

### 208 accreditation and re-accreditation, and provide speci fic notification and documentation prior to 

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

### 210 unique event requiring specific documentation. Pr ogram approval for States is a one-time activity, 

### 211 although there is ongoing reporting. 

### 212
213 3(e) General Guidelines 

### 214 215 This ICR is consistent with OMB’s general guide lines. Firms are required to maintain records for 

### 216 three years and training providers to maintain record s for three and one-half years. Authorized States 

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

### 218 providers to maintain records of renovation and dust sa mpling technician training courses for five years, 

### 219 because five years is the length of the refresher tr aining cycle for certified renovators and dust sampling 

### 220

technicians. 

### 221
222 3(f) Confidentiality 

### 223
224 Neither the existing regulations nor the final rule amendments address questions of a confidential 

### 225

nature. 

### 226
227 3(g) Sensitive Questions 

### 228 229 Neither the existing regulations nor the final rule amendments address questions of a sensitive 

### 230

nature. 

### 231
232 4. The Respondents and the Information Requested 

### 233
234 4(a) Respondents/NAICS Codes 

### 235
236 Respondents for the reporting, third-party notif ication and recordkeeping requirements of the 

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

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

### 239 in lead-based paint activities and renovations. This fina l rule affects only the reporting and recordkeeping 

### 240 obligations of training programs. The North Amer ican Industrial Classification System (NAICS) codes 

### 241

associated with industries most likel y affected by the paperwork require ments covered in the existing ICR 

### 242 and this proposed addendum are described below: 

### 243
244

236118 Residential Remodelers 

### 245

238210 Electrical Contractors 

### 246 238220 Plumbing, Heating, a nd Air-Conditioning Contractors 

### 247 238320 Painting and Wall Covering Contractors 

### 248 238350 Finish Carpentry Contractors 

### 249 238310 Drywall and Insulation Contractors 

### 250 238170 Siding Contractors 

### 251

238340 Tile and Terrazzo Contractors 

### 252 238150 Glass and Glazing Contractors 

### 253 238390 Other Building Finishing Contractors 

### 254 238290 Other Building Equipment Contractors 

### 255

531110 Lessors of Residen tial Buildings and Dwellings 

### 256 531311 Residential Property Managers 

### 257*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 6 of 16 (RIN 2070-AJ57) 541330 Engineering Services 

### 258 541350 Building Inspection Services 

### 259 611110 Elementary and Secondary Schools 

### 260

611519 Other Technical and Trade Schools 

### 261 624410 Child Day Care Services 

### 262
263 4(b) Information Requested 

### 264 265 The existing renovation regulations specify reporting and record keeping for training providers 

### 266 and individuals/firms undertaking re novation activities. The final rule makes minor changes in the 

### 267 reporting and recordkeeping obliga tions of training providers. 

### 268 269 (i) Data Items 

### 270
271 Training Providers 272
273 To gain accreditation, training providers must submit the following documents to 

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

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

### 276
277

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

### 278 minimum requirements for accreditation, and 

### 279

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

### 280 materials and exams, annual review of instruct ors, and adequacy of the training facilities. 

### 281
282 This final rule would require training providers to include documentation of training manager and 

### 283 principal instructor qualifications with their accreditati on applications. In additi on, if training providers 

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

### 285 the course materials along with their applications. 

### 286
287 On occasion, training providers may later amend their accreditation application to add or modify 

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

### 289 days of the date that information submitted in the mo st recent application changes. If the change involves 

### 290 a new training manager, principal instructor, or perm anent training location, the training provider must 

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

### 292 every four years. 

### 293 294 To comply with the Renovation, Repair, and Pa inting rule, training providers must notify EPA 

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

### 296 EPA has a record of the individuals who have comple ted the course). Training providers must use either 

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

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

### 299 the Agency’s secure, inte rnet-based Central Data Exchange (C DX). (The paperwork activities, and 

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

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

### 302 following: 

### 303
304

- Notification type (Original, Updated, Cancellation); 

### 305

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

### 306

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

### 307 given; 

### 308

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

### 309*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 7 of 16 (RIN 2070-AJ57) - Training location(s) phone number, and street address; 

### 310

- Principal instructor’s name; and 

### 311

- Training manager’s name and signature. 

### 312
313 Training providers must update the Agency regarding any changes to training dates, course 

### 314 locations, course cancellations, or other ch anges made to the original notice. 

### 315
316 Following completion of lead-based paint activiti es, renovator, or dust sampling technician 

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

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

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

### 320 notice must include the following: 

### 321
322

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

### 323

- Course discipline and type (initial/refresher); 

### 324

- Date(s) of training; 

### 325

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

### 326

o Name 

### 327

o Address 

### 328

o Date of birth 

### 329

o Digital photograph 

### 330

o Course completion certificate number 

### 331

o Student test score 

### 332

o Training manager’s name and signature 

### 333
334 In addition, for renovator and dust sampling tec hnician courses, the training course provider must 

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

### 336

information. 

### 337
338 Training course providers must maintain the following records: 

### 339
340

- Records demonstrating the qualificatio ns of the training manager and the 

### 341 principal instructor(s); 

### 342

- Current curriculum and course materials; 

### 343

- Course test blueprints; 

### 344

- Information on how hands-on assessments are conducted; 

### 345

- Quality control plan; 

### 346

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

### 347

- Record of each student’s course completion certificate. 

### 348 349 In addition, providers of e-learning courses must also maintain records on each student’s course 

### 350 log-ins, launches, progress, and completion. 

### 351
352
Firms 353
354 To obtain certification firms must submit specific materials to EPA/State, using either the sample 

### 355 EPA Form 8500-27R entitled “Application for Firm s to Conduct Renovations” or a similar form 

### 356 containing the required information: 

### 357
358

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

### 359 field held by the firm; 

### 360

- Explanation of any violations related to lead-based paint; 

### 361*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 8 of 16 (RIN 2070-AJ57) - Certification statement that the firm will employ only properly certified or trained 

### 362 individuals and that its employees will follo w the specified work practice standards. 

### 363
364 On occasion, firms may later amend their applica tion to add or modify information. Certified 

### 365 firms must apply for re-certification every five years. 

### 366
367 Firms performing renovations in target housin g and child-occupied facilities in public or 

### 368 commercial buildings must provide lead hazard inform ation pamphlets to property owners and tenants or 

### 369 child-occupied facility representatives. Firms must al so either (i) provide the pamphlet and general 

### 370 information on the renovation to parent s or guardians of children under ag e 6 using the facility, or (ii) 

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

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

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

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

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

### 376 must also document their activities with respect to the notification of parents and guardians of child

### 377 occupied facilities. For example, the firm could pr epare a signed, dated description of the notification 

### 378 activities performed in connection with a particular renovation. 

### 379
380 In addition, firms conducting renovations are required to maintain records demonstrating 

### 381 compliance with the final rule requirements for usin g certified renovators and properly trained workers, 

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

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

### 384 completed. 

### 385
386 The final rule does not modify firm reporting or recordkeeping requirements. 

### 387
388

States 

### 389 390

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

### 391 painting program under section 404, States must prepare: 

### 392 393 - A notice of intent to seek authorization, and 

### 394 - An application for authorization identifyi ng the agencies responsible for implementation, 

### 395 administration, and enforcement of the program, and a description of the authority and 

### 396 responsibilities vested in such agencies. 

### 397 398 Authorized States must submit to EPA a report summarizing implementation and enforcement 

### 399 activities, including a list of enforcement actions take n and any changes in content, administration, or 

### 400 enforcement of the State program. While the final ru le modifies the elements State programs must have 

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

### 402
403 (ii) Respondent Activities 

### 404 405 The final rule makes minor changes to the accreditation application and amendment 

### 406 requirements, and extends the recordkeeping requirem ents for records associated with renovator or dust 

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

### 408 following activities: 

### 409
410 - read the regulation; 

### 411 - prepare and submit an accreditati on application to accrediting entity; 

### 412 - amend accreditation application as needed; 

### 413*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 9 of 16 (RIN 2070-AJ57) - submit an initial and, if needed, ame nded notification of courses to be given; 

### 414 - provide notice of completion of all courses offered; 

### 415 - retain records; and 

### 416 - provide accrediting entity a ccess to records as requested. 

### 417
418 5. Agency Activities, Collection Methodology, and Information Management 419
420 5(a) Agency Activities 421
422 EPA will perform the following activities in respon se to the submittals required by this final rule: 

### 423
424

- Receive, review, and act on applications fo r accreditation and amended applications from 

### 425 training providers. 

### 426
427 5(b) Collection Methodology and Management 

### 428 429 For purposes of this existing collection and this final rule, the Agency will make use of existing 

### 430 technology to simplify the application and notificati on process where possible. In addition to the more 

### 431 traditional methods (mail, commercial delivery service, or hand delivery), the Agency accepts fax and e

### 432 mail course notifications from training providers as well as notifications through the Central Data 

### 433 Exchange (CDX). E-mail notification must be follo wed by a written notification for the record, but the 

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

### 435
436 5(c) Small Entity Flexibility 

### 437
438 EPA has attempted to ensure that its propo sed regulatory requirements do not unduly burden 

### 439 small businesses. As part of the development pro cess for the 2008 RRP rule, the Agency convened a 

### 440 Small Business Advocacy Review Panel under the Regulat ory Flexibility Act. More information on the 

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

### 442

the 2008 RRP rule. 

### 443
444 5(d) Collection Schedule 

### 445
446 For certification, accreditation, and authorizati on, collection activities will occur according to the 

### 447 following schedule: 

### 448 449

- Training programs may apply for accreditation at any time; 

### 450

- Training programs must amend their app lications when information changes; 

### 451

- Training programs must seek re-accreditati on at four-year intervals following initial 

### 452 accreditation; 

### 453

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

### 454

- Training programs submit post-training no tification to EPA after each course; 

### 455

- Firms may apply for certification at any time; 

### 456

- Firms must amend their applications when information changes; 

### 457

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

### 458

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

### 459

- Renovators and dust sampling technicians mu st take refresher training at five-year 

### 460 intervals following initial training; 

### 461

- States may apply for aut horization at any time; 

### 462

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

### 463

thereafter. 

### 464
465*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 10 of 16 (RIN 2070-AJ57) With respect to the existing collec tion, the Agency believes that receipt of notification 7 business days 

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

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

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

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

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

### 471 course is scheduled to begin. Such notification peri ods are appropriate to allow proper allocation of EPA 

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

### 473 wrong location or time. 

### 474 475 6. Estimating The Burden And Cost 

### 476
477

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

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

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

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

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

### 482 to an Existing EPA ICR Entitled: TSCA Sections 402/ 404 Training and Certifica tion, Accreditation, and 

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

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

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

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

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

### 488 Economic Analysis for the Opt-Out Rule. This s upporting statement provides burden and cost estimates 

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

### 490 491 This final rule includes the following chang es to the LRRP program: (1) a requirement for 

### 492 training providers to submit documen tation of training manager and prin cipal instructor qualifications to 

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

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

### 495 496 Sections 6(a) and 6(b) estimate the respondents’ paperwork burdens and costs, respectively. 

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

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

### 499

statement. 

### 500
501 6(a) Estimating Respondent Burden 

### 502
503 One type of respondent will be affected by this information collection request: training providers. 

### 504 The notification reporting estimates include the time asso ciated with photocopyi ng training manager and 

### 505 principal instructor qualifications. The recordkeep ing burden estimates include the time required for the 

### 506 respondent to file a record of the information. 

### 507
508 The Economic Analysis for the Opt-Out Rule estimates that 170 training providers will be 

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

### 510 Final Rule, 94 percent of firms in the Other T echnical and Trade Schools industry category are small 

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

### 512

small. 

### 513
514 Training providers are already required to obtain and retain documentation of the qualifications of 

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

### 516 along with applications for accreditation or re-accred itation. EPA estimates that these materials will 

### 517*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 11 of 16 (RIN 2070-AJ57) consist of a 1-page resume and, possibly, a copy of a diploma, course completion certificate, or transcript. 

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

### 519 additional 2-4 photocopies per application. In th e draft Information Collection Request Supporting 

### 520 Statement accompanying the proposed rule, EPA estim ated that each photocopy costs $0.09 (EPA 2010). 

### 521 Four photocopies would thereby result in a tota l cost of $0.36 per accreditation or reaccreditation 

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

### 523

accreditation. 

### 524
525 With respect to recordkeeping, training providers are required to keep records associated with 

### 526 training courses for 3 years and 6 months. The final ru le extends this period to 5 years for renovator and 

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

### 528 training providers would become accr edited for renovator training, and 56 renovator courses per training 

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

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

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

### 532 training provider would be needed to train the addition al renovators required during the first year after the 

### 533 Opt-Out Rule took effect. According to these analy ses, a total of 20 renovator courses would be needed 

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

### 535 would be kept for each notification provided, includi ng pre-course notifications, re-notifications, and 

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

### 537 general information on the training pr ovider and the time and place for the course, and a post-notification 

### 538 after the course, which would include general info rmation on the provider and information on successful 

### 539 trainees and their photographs. EPA estimated that12 percent of courses would also require a re

### 540 notification due to changes in date, time, or locati on. Thus, during the first year, 86 courses would have 

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

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

### 543 would add 20 courses per year per training provider, r esulting in 42 notifications that would have to be 

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

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

### 546 estimated recordkeeping cost of $0.34 per notifica tion. Thus, recordkeeping costs for the 86 courses 

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

### 548 for the 20 courses given per training provider in subseq uent years would total $6.80 instead of $4.80. 

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

### 550
551 6(b) Estimating Respondent Costs 

### 552
553

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

### 554 section 6(a). Wage rates for each category of personn el are based on wage rate information from the 

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

### 556 loaded (i.e., include fringe benefits a nd overhead), and are in 2008 US dollars: 

### 557

Training Provider Clerical Time $25.56/hr

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

### 558 clerical staff will obtain photocopies of training ma nager and principal instructor qualifications and 

### 559 perform recordkeeping activities. The Economic An alysis for the Proposed Rule estimates that the 

### 560 recordkeeping hours per event is 0.01. 

### 561
562

1 U.S. Bureau of Labor Statistics. 2008. Occupational Employment Statistics Series.*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 12 of 16 (RIN 2070-AJ57) 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 6(c) Estimating Agency Cost 

### 564
565 This final rule does not affect government costs to administer the program. 

### 566
567 6(d) Bottom Line Burden Hours and Cost 

### 568
569 There are an estimated 170 training provider respondents for this final rule. There are an estimated 182 

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

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

### 572 responses and no estimated accreditation responses per trai ning provider, for a total of 7,140 responses. 

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

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

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

### 576
577 6(e) Reasons For Changes in Burden 

### 578
579 The burden analyzed in this ICR addendum relates directly to the amended paperwork 

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

### 581
582 Program Changes 

### 583 584 The burden increase analyzed in this ICR is a ttributable to program changes related to the 

### 585 revisions to the 2008 final RRP rule. These chang es would increase the number of events for certain 

### 586 approved information collection activities. 

### 587
588 6(f) Burden Statement 

### 589
590 The incremental public burden for this collecti on of information, which is approved under OMB 

### 591 Control No. 2070-0155, is estimated to average appr oximately 0.9 hours per year for training providers. 

### 592 According to the Paperwork Reduction Act, “burden” means the total tim e, effort, or financial resources 

### 593 expended by persons to gene rate, maintain, retain, or disclose or pr ovide information to or for a federal 

### 594 agency. For this collection it includ es the time needed to review instru ctions; develop, acquire, install and 

### 595 utilize technology and systems for the purposes of coll ecting, validating, and verifying information, 

### 596 processing and maintaining information, and disclosin g and providing information; adjust the existing 

### 597 ways to comply with any previously applicable inst ructions and requirements; train personnel to be able 

### 598 to respond to a collection of information; search da ta sources; complete and review the collection of 

### 599 information; and transmit or otherwise disclose the in formation. An agency may not conduct or sponsor, 

### 600 and a person is not required to respond to, a collecti on of information unless it displays a currently valid 

### 601

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

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

### 603 40 CFR part 9. 

### 604*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 13 of 16 (RIN 2070-AJ57) 

### ATTACHMENTS TO THE SUPPORTING STATEMENT 605
606 Attachments to the supporting statement for this rule-related ICR addendu m are available in the 607 public docket established for the rulemaking under docket identification number EPA-HQ608
OPPT-2005-0049. These attachments are availa ble for online viewi ng at www.regulations.gov 609
or otherwise accessed as described in s ection 6(f) of the supporting statement. 610
611

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

Attachment 2 

### Final Rule: Lead; Clearance and Clear ance Testing Requirements for the Renovation, Repair, and Painti ng Program (RIN 2070-AJ57)

612

Attachments 

### 613*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 14 of 16 (RIN 2070-AJ57) 

## ATTACHMENT 1 614

615
Toxic Substances Control Act Sections 402 and 404 616 15 U.S.C. 2682, 2684 

### 617
618 Sec. 2682. Lead-based paint activities training and certification 

### 619
620 (a) Regulations 

### 621 (1) In general 

### 622 Not later than 18 months after October 28, 1992, th e Administrator shall, in consultation with the 

### 623 Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of 

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

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

### 626 activities to ensure that individuals engaged in su ch activities are properly trained; that training 

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

### 628 regulations shall contain standards for performi ng lead-based paint activities, taking into account 

### 629 reliability, effectiveness, and safety. Such regul ations shall require that all risk assessment, 

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

### 631 contractors, as such term is defined in secti on 4851b of title 42. The provisions of this section 

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

### 633 Certification’‘ and under the heading ‘’Training Gr ants’‘ in title III of the Act entitled ‘’An Act 

### 634 making appropriations for the Departments of Veterans Affairs and Housing and Urban 

### 635 Development, and for sundry independent agen cies, commissions, corporations, and offices for 

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

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

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

### 639 (2) Accreditation of training programs 

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

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

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

### 643 limited to, each of the following: 

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

### 645 (B) Minimum training curriculum requirements. 

### 646 (C) Minimum training hour requirements. 

### 647 (D) Minimum hands-on training requirements. 

### 648 (E) Minimum trainee competency and proficiency requirements. 

### 649 (F) Minimum requirements for training program quality control. 

### 650 (3) Accreditation and certification fees 

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

### 652 (A) persons operating trai ning programs accredited under this subchapter; and 

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

### 654

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

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

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

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

### 658 waive the fee for lead-based paint activities cont ractors under subparagraph (A) for the purpose of 

### 659 training their own employees. 

### 660
661 (b) Lead-based paint activities 

### 662 For purposes of this subchapter, the term ‘’lead-based paint activities’‘ means - 

### 663*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 15 of 16 (RIN 2070-AJ57) (1) in the case of target housing, risk assessment, inspection, and abatement; and 

### 664 (2) in the case of any public building constructe d before 1978, commercial building, bridge, or 

### 665 other structure or superstructure, identification of lead-based paint and materials containing lead

### 666 based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph 

### 667 (2), the term ‘’deleading’‘ means activities conducte d by a person who offers to eliminate lead

### 668 based paint or lead-based paint hazar ds or to plan such activities. 

### 669 670 (c) Renovation and remodeling 

### 671 (1) Guidelines 

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

### 673 target housing, public buildings constructe d before 1978, and commercial buildings, the 

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

### 675

conduct of such renovation and re modeling activities which may create a risk of exposure to 

### 676 dangerous levels of lead. The Administrator sha ll disseminate such guidelines to persons engaged 

### 677 in such renovation and remodeling through hard ware and paint stores, employee organizations, 

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

### 679 (2) Study of certification 

### 680 The Administrator shall conduct a study of the exte nt to which persons engaged in various types 

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

### 682 1978, and commercial buildings are exposed to lead in the conduct of such activities or disturb 

### 683 lead and create a lead-based paint hazard on a regul ar or occasional basis. The Administrator shall 

### 684 complete such study and publish the results ther eof within 30 months after October 28, 1992. 

### 685 (3) Certification determination 

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

### 687 subsection (a) of this section to apply the regul ations to renovation or remodeling activities in 

### 688 target housing, public buildings constructed be fore 1978, and commercial buildings that create 

### 689 lead-based paint hazards. In determining which c ontractors are engaged in such activities, the 

### 690

Administrator shall utilize the results of the st udy under paragraph (2) and consult with the 

### 691 representatives of labor organizations, lead-based pa int activities contractors, persons engaged in 

### 692 remodeling and renovation, experts in lead hea lth effects, and others. If the Administrator 

### 693 determines that any category of contractors enga ged in renovation or remodeling does not require 

### 694 certification, the Administrator shall publish an expl anation of the basis for that determination. 

### 695
696
697

698*** EO12866 Review Draft – Deliberative Document – Do NOT Cite, Quote or Release During the Review ***

Page 16 of 16 (RIN 2070-AJ57) 

## ATTACHMENT 2 699

700 Final Rule: Lead; Clearance and Clearance Testing Requirements for the Renovation, 701 Repair, and Painting Program (RIN 2070-AJ57) 702
703
This attachment is available as a document in the electronic docket for this ICR at 704 www.Regulations.gov (EPA-HQ-OPPT-2005-0049). 705