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Supporting Statement for a Request for OMB Review 

Under the Paperwork Reduction Act 

1. Identification of the Information Collection

 1(a) Title of the Information Collection 

TITLE: Proposed ICR Amendment for Rulemaking entitled “Lead; Clearance and 

Clearance Testing Requirements for the Renovation, Repair, and Painting 

Program; Proposed Rule” 

 ICR No. EPA ICR No. 1715.12; OMB 2070-0155 

1(b) Short Characterization/Abstract 

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

renovation, repair, and painting (RRP) rule which established reporting and recordkeeping requirements 

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

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

buildings where children under 6 are regularly present. EPA is revising the 2008 RRP final rule under the 

authority of Sections 402 and 407 of the Toxic Substances Control Act (TSCA). This ICR addendum 

revises the existing approved ICR to incorporate reporting and recordkeeping requirements in a proposed 

rule expected to be published in the Federal Register in April, 2010. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the rule requires firms to provide the building owner and adult representative of the childoccupied facility with a lead hazard information pamphlet. After providing the pamphlet to the 

owner and occupant and obtaining written acknowledgment, the firm must keep acknowledgment 

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

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

parents or guardians of children under age 6 using the facility, or (ii) erect signs that provide 
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general information on the renovation accompanied by the pamphlet or information on how to 

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

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

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

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

recordkeeping requirements are necessary to provide EPA compliance monitoring and 

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

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

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

susceptible to the hazards of lead. Under the proposed rule, firms would be required to perform 

dust wipe testing after many renovations covered by the 2008 RRP rule. A report containing the 

results of the testing would have to be developed and provided to building owners and occupants. 

For a subset of jobs involving demolition or removal of plaster through destructive means or the 

disturbance of paint using machines designed to remove paint through high-speed operation, such 

as power sanders or abrasive blasters, the proposal would also require the renovation firm to 

demonstrate, through dust wipe testing and a report containing the results, that dust-lead levels 

remaining in the work area are below regulatory levels. 

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

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

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

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

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

enforcement. Authorized States need to provide a report to EPA on their activities. The proposed 

rule would make minor modifications to the minimum elements required for State programs in 

order to demonstrate that they are at least as protective as the Federal program. 

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

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

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

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

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

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

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

requirements are necessary to provide EPA compliance monitoring and enforcement personnel 

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

proposed rule would make several minor modifications to the accreditation application package 

requirements and the notification requirements. 

2. Need for and Use of the Collection

 2(a) Need/Authority for the Collection 

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

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

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

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

reliability, effectiveness and safety.” 

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

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

limited to: 
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- Minimum requirements for the accreditation of training providers; 

- Minimum training curricula requirements; 

- Minimum training hour requirements; 

- Minimum hands-on training requirements; 

- Minimum training competency and proficiency requirements; 

- Minimum requirements for training program quality.” 

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

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

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

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

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

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

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

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

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

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

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

407 fulfill these statutory mandates. 

 2(b) Practical Utility/Users of the Data 

Owners and Occupants of Target Housing and Child-occupied Facilities

 The proposed rule would require firms to perform dust wipe testing after many renovations 

covered by the 2008 RRP rule. A report containing the results of the testing would have to be provided to 

building owners and occupants. For building owners and occupants, the information contained in 

the dust wipe testing report is likely to improve their understanding and awareness of dust-lead 

hazards. It will also greatly improve their ability to make further risk management decisions. 

This information is particularly critical where dust lead levels approach or exceed the regulatory 

hazard standards. For the subset of jobs where the renovation firm would be required to demonstrate 

that dust-lead levels remaining in the work area are below regulatory levels, the dust wipe testing report 

would provide valuable confirmation that there are no dust-lead hazards remaining in the renovation work 

area. 

EPA

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

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

certifying body in States without authorized programs. 

 EPA/States

 This collection will enable EPA/States to determine compliance with and enforce the 

requirements for renovation-specific training, certification, accreditation, and work practice standards. 

Without this collection, there would be no meaningful way of ensuring the implementation of the 
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statutory objective: to ensure that trained individuals conduct renovations in such a way as to minimize 

potential harm to occupants. 

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

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

activities are central to the activity. In addition, EPA will be relying on training provider notifications to 

keep track of which individuals have received accredited renovator training. This information will be a 

critical part of EPA’s compliance monitoring and enforcement activities. The proposed rule would make 

several minor modifications to the training provider accreditation application package requirements and 

the training provider notification requirements. These modifications will improve the ability of EPA and 

the States to administer training accreditation programs. 

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

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

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

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

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

3. Nonduplication, Consultations, and Other Collection Criteria

3(a) Nonduplication 

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

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

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

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

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

requirements for renovations in child-occupied facilities. 

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

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

parties should submit comments to the address listed at the end of this document. Responses will be 

taken into account in developing the final rulemaking. 

3(c) Consultations 

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

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

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

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

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

0049). 

3(d) Effects of Less Frequent Collection 

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

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

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

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

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

although there is ongoing reporting. 
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3(e) General Guidelines 

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

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

must report once a year for the first three years, and biannually thereafter. The proposed rule would 

require training providers to maintain records of renovation and dust sampling technician training courses 

for five years, because five years is the length of the refresher training cycle for certified renovators and 

dust sampling technicians. 

3(f) Confidentiality 

 Neither the existing regulations nor the proposed rule amendments address questions of a 

confidential nature. 

3(g) Sensitive Questions 

 Neither the existing regulations nor the proposed rule amendments address questions of a 

sensitive nature. 

4. The Respondents and the Information Requested

4(a) Respondents/NAICS Codes 

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

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

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

training services in lead-based paint activities and renovations. The North American Industrial 

Classification System (NAICS) codes associated with industries most likely affected by the paperwork 

requirements covered in the existing ICR and this proposed addendum are described below: 

 236118 Residential Remodelers 

 238210 Electrical Contractors 

 238220 Plumbing, Heating, and Air-Conditioning Contractors 

 238320 Painting and Wall Covering Contractors 

 238350 Finish Carpentry Contractors 

 238310 Drywall and Insulation Contractors 

 238170 Siding Contractors 

 238340 Tile and Terrazzo Contractors 

 238150 Glass and Glazing Contractors 

 238390 Other Building Finishing Contractors 

 238290 Other Building Equipment Contractors 

 531110 Lessors of Residential Buildings and Dwellings 

 531311 Residential Property Managers 

 541330 Engineering Services 

 541350 Building Inspection Services 

 611110 Elementary and Secondary Schools 

 611519 Other Technical and Trade Schools 

 624410 Child Day Care Services 
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4(b) Information Requested 

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

and individuals/firms undertaking renovation activities. The proposed rule is expected to increase the 

number of dust sampling technicians expected to seek certification and training and, accordingly, the 

number of training providers expected to seek accreditation to provide dust sampling technician training. 

(i) Data Items 

Training Providers

 

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

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

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

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

minimum requirements for accreditation, and 

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

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

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

information. The proposed rule would provide clarification on when this is required and how it must be 

accomplished. Accredited training providers must apply for re-accreditation every four years. 

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

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

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

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

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

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

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

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

following: 

- Notification type (Original, Updated, Cancellation); 

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

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

given; 

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

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

- Principal instructor’s name; and 

- Training manager’s name and signature. 

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

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

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

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

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

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

notice must include the following: 
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- Training program name, EPA accreditation number, address, and phone number; 

- Course discipline and type (initial/refresher); 

- Date(s) of training; 

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

o Name 

o Address 

o Date of birth 

o Digital photograph 

o Course completion certificate number 

o Student test score 

o Training manager’s name and signature 

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

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

information. 

 Training course providers must maintain the following records: 

- Records demonstrating the qualifications of the training manager and the 

principal instructor(s); 

- Current curriculum and course materials; 

- Course test blueprints; 

- Information on how hands-on assessments are conducted; 

- Quality control plan; 

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

- Record of each student’s course completion certificate. 

Firms

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

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

containing the required information: 

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

field held by the firm; 

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

- Certification statement that the firm will employ only properly certified or trained 

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

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

firms must apply for re-certification every five years. 

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

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

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

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

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

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

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

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

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

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

activities performed in connection with a particular renovation. 

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

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

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

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

completed. 

Under the proposed rule, firms performing renovations in regulated buildings would be required 

to perform dust wipe testing for a subset of renovation activities, and to perform dust wipe testing and 

achieve clearance for a second subset of renovation activities. After performing dust wipe testing, the 

certified dust sampling technician would be required to prepare a dust wipe testing report and provide it to 

the renovation firm within three days of the date that the dust wipe test results are obtained. If the dust 

wipe test results are to be determined by a fixed-site laboratory, the samples would have to be sent to the 

laboratory within one business day of the date they are collected. The dust wipe testing or clearance 

report would have to include: 

- The name and signature of each certified person collecting the samples or performing the 

testing; 

- The name and address of each certified firm employing the persons conducting the 

sampling or testing; 

- The start and completion dates of the renovation; 

- A brief written description of the renovation; 

- The results of the visual inspection to determine whether dust or debris is present in the 

work area before testing; 

- A detailed written description of the specific sampling or testing locations or a detailed 

drawing that clearly identifies the location of each sample or test; 

- The name of the NLLAP-recognized entity analyzing the results; 

- The results of each sample or test; and 

- The clearance standard that is applicable to each sample or test. 

The renovation firm would also be required to provide a copy of the dust wipe testing or clearance report 

to the owner of the affected building, and if different, to the occupant of a rented space or operator of a 

child-occupied facility. The firm would have to keep a copy of the report for three years following the 

completion of the renovation. 

 States

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

painting program under section 404, States must prepare: 

 - A notice of intent to seek authorization, and 

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

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

responsibilities vested in such agencies. 

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

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

enforcement of the State program. 
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(ii) Respondent Activities 

 The proposed rule is expected to increase the number of dust sampling technicians that seek 

training and, accordingly, the number of training providers that will seek accreditation to provide dust 

sampling technician training. Training providers will perform the following activities: 

- read the regulation; 

- prepare and submit an accreditation application to accrediting entity; 

- amend accreditation application as needed; 

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

- provide notice of completion of all courses offered; 

- retain records; and 

- provide accrediting entity access to records as requested. 

 The proposed rule will require renovation firms to perform dust wipe testing and prepare and 

distribute a report containing the results to the owners and occupants. Firms will perform the following 

activities: 

- Dust wipe testing; 

- If samples are collected, ship the samples to the laboratory; 

- Prepare a dust wipe testing report; and 

- Send the report to the owners and occupants. 

5. Agency Activities, Collection Methodology, and Information Management

 5(a) Agency Activities 

 EPA will perform the following activities in response to the submittals required by this proposed 

rule: 

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

training providers; and 

- Receive, review, and file initial, update, and course completion notices and digital 

photographs of trainees from training providers. 

5(b) Collection Methodology and Management 

 For purposes of this proposed rule, the Agency will make use of existing technology to simplify 

the application and notification process where possible. In addition to the more traditional methods (mail, 

commercial delivery service, or hand delivery), the Agency would accept fax and e-mail course 

notifications from training providers as well as notifications through the Central Data Exchange (CDX). 

E-mail notification would have to be followed by a written notification for the record, but the original email notice would satisfy the applicable notification time requirements. 

5(c) Small Entity Flexibility 

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

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

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

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

the 2008 RRP rule. 
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5(d) Collection Schedule 

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

schedule: 

- Training programs may apply for accreditation at any time; 

- Training programs must amend their applications when information changes; 

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

accreditation; 

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

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

- Firms may apply for certification at any time; 

- Firms must amend their applications when information changes; 

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

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

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

intervals following initial training; 

- States may apply for authorization at any time; 

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

thereafter. 

The Agency believes that receipt of notification 7 business days prior to conducting training courses is 

necessary to facilitate the inspection of training locations. The regulation also includes provisions for 

updating the original notification. The Agency determined that the time periods for initial notification 

will also apply to a change in course location, or if the course is to be presented earlier than described in 

the original notification. Other changes, including cancellation of courses, need only be received by the 

Agency at least 2 business days before a training course is scheduled to begin. Such notification periods 

are appropriate to allow proper allocation of EPA compliance monitoring and enforcement resources, and 

to prevent the arrival of Agency personnel at the wrong location or time. 

6. Estimating The Burden And Cost

 This section estimates the incremental burden of reporting and recordkeeping for the proposed 

revisions to the 2008 lead renovation, repair, and painting program final rule (73 FR 21692), also known 

as the RRP or LRRP rule. This burden is incremental to the burden already accounted for in the existing, 

approved ICR (EPA ICR No. 1715.10). The estimates of the number of entities subject to the rule’s 

requirements and the unit burden and cost of the requirements were taken from the ICR supporting 

statement Final Rule Addendum to an Existing EPA ICR Entitled: TSCA Sections 402/404 Training and 

Certification, Accreditation, and Standards for Lead-Based Paint Activities (EPA ICR No. 1715.10, 

OMB 2070-0155), the Economic Analysis for the TSCA Lead Renovation, Repair and Painting Program, 

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

for the Final Rule, and from the Economic Analysis of the Proposed Dust Testing and Clearance 

Amendments to the TSCA Lead Renovation, Repair, and Painting Program for Target Housing and 

Child-Occupied Facilities (EPA 2010). This supporting statement provides burden and cost estimates for 

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

 The proposed LRRP Clearance Rule includes the following changes to the LRRP program: (1) a 

requirement to perform dust wipe testing for a subset of renovation activities, and (2) a requirement to 

perform dust wipe testing and achieve clearance for a second subset of renovation activities where the 

quantity and characteristics of the dust make it hard to clean up. 
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 Sections 6(a) and 6(b) estimate the respondents’ paperwork burdens and costs, respectively. 

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

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

statement. 

 6(a) Estimating Respondent Burden

Two types of respondents will be affected by this information collection request: training 

providers and entities performing renovation, repair, and painting activities. The paperwork burden 

associated with reporting and recordkeeping for these two types of respondents is estimated separately. 

The notification reporting estimates include the time associated with reviewing instructions, collecting the 

information needed to complete the notification form, and completing and sending the notification forms 

to the appropriate authority. The recordkeeping burden estimates include the time required for the 

respondent to file a record of the information. For renovation firms, the information collection burden 

estimates include the time to perform dust sampling, prepare reports, ship samples to the lab, and notify 

the appropriate parties. 

Training Providers

To comply with the Renovation, Repair, and Painting rule, training providers must gain 

accreditation and keep records on both the courses they provide and the students they train. They must 

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

course (so EPA has a record of the individuals who have completed the course). 

It is assumed that 168 training providers, the approximate number accredited to provide lead 

abatement training, will be accredited to provide dust sampling technician training. As described in 

Section 2.9.1 of the Economic Analysis for the Final Rule, 94 percent of firms in the Other Technical and 

Trade Schools industry category are small businesses (EPA 2008). Therefore, it is assumed that 94 

percent of the 168 training providers, or 158, are small. It is assumed that Training Providers will spend 

eight hours1

 familiarizing themselves with the rule and determining the rule’s applicability to their 

services in the year that they receive initial accreditation. Training providers will spend an additional four 

hours of professional time and two hours of clerical time completing the accreditation statement in the 

year they receive initial accreditation, and every three years thereafter for re-accreditation. They will 

spend one additional hour of clerical time each year on annual recordkeeping associated with 

accreditation. 

Exhibit 6.1 presents the estimation of training provider burden for accreditation. In year 1, it is 

assumed that 168 training providers will seek initial accreditation. For each year thereafter, one quarter of 

the necessary stock of training providers will seek accreditation. Based on EPA’s Federal Lead-Based 

Paint Program (FLPP) database, fifty-five percent of that quarter will seek initial accreditation, and the 

remainder will seek re-accreditation. In addition, the necessary stock of training providers will diminish 

by 0.41 percent, annually, to reflect the estimated housing demolition rate. 

 Under the rule, pre-course notification is required at least 7 business days prior to the start of a 

lead-based paint activities course. Re-notification is required if the course date changes. Within 10 days 

of course completion, training providers are required to submit a post-course notification. The following 

sections discuss how the reporting and recordkeeping burden estimates in this analysis were developed. 

Exhibit 6.2 presents the estimation of training provider burden for course notifications. 

 

1

 Time assumptions are based on information provided in EPA’s (2005) Supporting Statement for OMB Review 

under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards 

for Lead-Based Paint Activities. (EPA ICR No. 1715.09, OMB Control No:2070-0155). 
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 This analysis assumes that training providers will complete a separate notification form for each 

lead-based paint activity course conducted. The number of pre-course and post-course notification events 

was estimated by dividing the total number of students in a given year by an estimated average class size 

of 25 students and the estimated number of training providers. (See the Economic Analysis of the 2008 

LRRP rule (EPA 2008) for details.) The numbers of notification events were rounded upwards to reflect 

the possibility that some courses will be undersubscribed. There is one pre-notification and one postnotification for each training course, with an average burden of 0.15 and 1.54 hours each. (Postnotifications are more time consuming because the training provider must send records pertaining to each 

student who attended the course.) In addition, some courses may require re-notification. Re-notification 

events are calculated based on notification events in the FLPP database. Re-notifications occur for 

approximately 12 percent of original pre-course notifications, and are also estimated to require 0.15 hours 

of time. Estimates of the amount of time required to complete the pre-course and post-course notification 

forms are determined in the existing approved ICR. 

 The training provider burden estimates described above also include the recordkeeping burden 

associated with filing a one page record of the notification form sent to the administering agency. An 

estimate of the amount of time needed to file a record was adopted from the existing approved ICR, and is 

estimated to be 0.01 hours per training event. 

 Training providers are also required to take a digital photo of each certified dust sampling 

technician upon initial and refresher training. The estimated time burden associated with taking and 

processing each photo is 3 minutes per photo (EPA 2008), or 1.25 hours per training course with 25 

individuals. 

 As presented below in Exhibit 6.3, the burden for all training providers is estimated to be 29,047 

hours in Year 1 of the regulation, 6,076 hours in Year 2, and 6,042 hours in Year 3. (The burden drops 

to reflect the decrease in the number of dust sampling technicians needing training each year, since initial 

training is generally only needed for new entrants to the market and retraining is only required every five 

years.) The average annual aggregate burden for training providers over the three years covered by this 

ICR is 13,722 hours. 
*** Deliberative – Do Not Cite, Quote or Release During EO 12866 Review *** 

Exhibit 6.1 Training Providers: Accreditation Burden Estimates 

Number of Training Providers 

Year 1 Year 2 Year 3 Avg. 

Receiving Initial Accreditation 168 23 23 71 

Receiving Re-Accreditation 0 19 19 13 

Already Accredited 0 125 124 83 

Total 168 167 166 167 

Accreditation/Re-Accreditation Burden- Hours per Training Provider 

Accreditation 

Year 

ReAccreditation 

Year Other Years 

Rule Familiarization 8 0 0 

Accreditation Statement 4 4 0

Clerical Time- Statement 2 2 0 

Clerical Time- Recordkeeping 1 1 1 

Total 15 7 1 

Total Accreditation Burden- Hours 

Year 1 Year 2 Year 3 

Rule Familiarization 1,344 184 184 

Accreditation Statement 672 168 168 

Clerical Time- Statement 336 84 84 

Clerical Time- Recordkeeping 168 167 166 

Total 2,520 603 602 

Sources: Economic Analysis for the Final Rule (EPA 2008). 

Page 13 of 32 
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Exhibit 6.2 Training Providers: Notification Burden

Category Events per Training Provider 

Year 1 Year 2 Year 3 Avg. 

Reporting 

Hours/Event 

Recordkeeping 

Hours/Event 

Total 

Hours/Event 

Pre-notification 53 11 11 25 0.15 0.01 0.16 

Re-notification 6 1 1 3 0.15 0.01 0.16 

Post-notification 53 11 11 25 1.54 0.01 1.55 

Digital Photo 53 11 11 25 1.25 0.00 1.25 

Annual Total 165 34 34 78 

Notification Burden Hours per Training Provider

Year 1 Year 2 Year 3 

158 33 33 

Training Providers per Year 

Year 1 Year 2 Year 3 

168 167 166 

Total Notification Burden Hours per Year 

Year 1 Year 2 Year 3 

26,527 5,473 5,440 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010). 

Exhibit 6.3 Total Training Provider Burden

Year 1 Year 2 Year 3 Average 

Accreditation Burden 2,520 603 602 1,242 

Notification Burden 26,527 5,473 5,440 12,480 

Total Burden 29,047 6,076 6,042 13,722 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010). 

Renovation, Repair, and Painting Firms – Burden Related to Dust Wipe Testing and Clearance

The proposed LRRP Clearance Rule requires entities performing renovations in regulated 

buildings to perform dust wipe testing for a subset of renovation activities, and to perform dust wipe 

testing and achieve clearance for a second subset of renovation activities. 

After performing dust wipe testing, the certified dust sampling technician is required to prepare a 

dust wipe testing report and provide it to the renovation firm within three days of the date that the dust 

wipe test results are obtained. If the dust wipe test results are to be determined by a fixed-site laboratory, 

the samples have to be sent to the laboratory within one business day of the date they are collected. The 

dust wipe testing or clearance report would include the name and signature of each certified person 

collecting the samples or performing the testing, the name and address of each certified firm employing 

the persons conducting the sampling or testing, the start and completion dates of the renovation, a brief 

Page 14 of 32 
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Page 15 of 32 

written description of the renovation, the results of the visual inspection, a detailed written description of 

the specific sampling or testing locations or a detailed drawing that clearly identifies the location of each 

sample or test, the name of the NLLAP-recognized entity analyzing the results, the results of each sample 

or test, and the clearance standard that is applicable to each sample or test. 

The renovation firm is required to provide a copy of the dust wipe testing report to the owner of 

the affected building, and if different, to the occupant of a rented space or operator of a child-occupied 

facility. EPA estimates that dust sampling technicians will spend an average of 0.83 hours during each 

sampling event collecting samples (based on a typical time of 0.19 hours per sample), and about 54 

minutes preparing the report. EPA also estimates that renovators will spend five minutes shipping 

samples or reports. 

Number of RRP Firms and Events Performed 

As discussed in detail in Section 4.4 of the Economic Analysis for the Clearance Proposed Rule 

(EPA 2010), 224,955 entities are expected to perform RRP events requiring dust wipe testing or clearance 

achievement in Year 1. Exhibit 6.4 presents the number of regulated firms that are expected to incur costs 

as a result of the proposed rule. Exhibit 6.4 also presents the estimated number of events requiring dust 

wipe testing or clearance achievement these firms will perform. Events are presented by type of RRP 

entity. 

Exhibit 6.4: RRP Firms Performing Dust Wipe Testing or Clearance 

Year 1 Year 2 Year 3 

Number of Affected Firms 

Residential Contractors 223,821 222,903 221,989 

Public or Comm. Building Operator a 686 683 680 

Non-Residential Contractors b 448 446 444 

Total - All Firms 224,955 224,032 223,113 

Source(s): Economic Analysis for the Clearance Proposed Rule (EPA 2010). 

a. RRP is performed by the owner of a public or commercial building where a COF is located. 

b. RRP is performed by a contractor in a public or commercial building COF. 

Estimated Burden per Event 

The burden attributed to renovation firms includes the time required to perform the dust 

sampling, ship the samples to the laboratory, and prepare and send a summary report to the necessary 

parties. 

All renovation firms are required to provide a copy of the dust wipe testing report to the owner 

and if different, the occupant of the building being renovated or the operator of the child-occupied 

facility. 

EPA assumes that renovation firms working in residential housing will have certified dust 

sampling technicians on staff to perform the dust sampling and report preparation activities. Residential 

contractors are estimated to perform an average of 7 renovations per year where dust wipe testing will be 

required, with an average burden of 1.8 hours per event. 

Entities performing work in public and commercial building child-occupied facilities are 

expected to hire third-party lead evaluation firms to perform dust sampling. Therefore, these entities will 
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Page 16 of 32 

only incur a labor burden of 5 minutes for shipping the dust sampling report to owners and occupants. 

The cost of hiring a third-party firm is accounted for as a material cost. 

Exhibit 6.5 shows the three-year average annual number of respondents to the dust sampling and 

clearance requirements. During the three year span of this ICR, it is estimated that an average of 224,033 

entities, of which 223,188 are small, are estimated to incur costs of complying with the dust sampling and 

clearance requirements. 

Exhibit 6.5: Average Annual Number of Dust Wipe Testing Respondents, Responses per 

Respondent, and Burden per Response 

Number of 

Small 

Respondents 

Number of 

Respondents 

Responses 

per 

Respondent 

Burden per 

Response 

(hours) 

Private Firms 

Residential Contractors 222,347 222,904 7.13 1.80 

Entities working in Public 

or Commercial Bldg COF a 696 857 1 0.08 

Local Government 

Public School Districts 145 272 1 0.08 

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010). 

a. RRP is performed in a public or commercial building COF. 

Estimated Total Burden 

Exhibit 6.6 presents the total burden and cost to respondents resulting from the dust wipe testing 

requirements. Total respondent burden was estimated by multiplying the numbers of RRP events by the 

corresponding per event burden estimates. 

Exhibit 6.6: Total Dust Wipe Testing Burden Due to the Rule 

Total Burden Hours

 Year 1 Year 2 Year 3 

Average Burden Hours per Response 

Residential Contractors 1.80 1.80 1.80 

Public or Comm. Building Operators a 0.08 0.08 0.08 

Non-Residential Contractors b 0.08 0.08 0.08 

All Firms 1.80 1.80 1.80 

Total Burden Hours

Residential Contractors 2,878,970 2,867,166 2,855,411 

Public or Comm. Building Operators a 57 57 57 

Non-Residential Contractors b 37 37 37 

Total - All Events 2,879,064 2,867,260 2,855,505 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010). 

a. RRP is performed by the owner of a public or commercial building where a COF is located. 

b. RRP is performed by a contractor in a public or commercial building COF.
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Page 17 of 32 

 6(b) Estimating Respondent Costs

Introduction

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

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

Bureau of Labor Statistics (BLS)2

. Following are the wage rates used in this analysis, which are fully 

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

Training Provider Clerical Time $25.56/hr 

Training Provider Professional Time $48.67/hr 

RRP Firm Wage Rate $34.92/hr3

Training Providers

The loaded wage rate for training provider clerical staff is $25.56 per hour. The loaded wage rate 

for professional training staff is $48.67 per hour. It is assumed that professional staff will familiarize 

themselves with the rule and will prepare the accreditation statement. Material costs of accreditation 

include one postage stamp ($0.42), one envelope ($0.02), and two copies ($0.18). Clerical staff will 

prepare and mail notifications and will perform recordkeeping activities. Training provider notification 

costs also include $0.42 per postage stamp and $0.02 per envelope for mailing notifications and $0.09 per 

one page copy of each notification for the firm’s records. Training providers are also required to take a 

digital photo of each dust sampling technician receiving certification. The use of a one-time digital 

camera costs $20.58 per 25 photos4

 and takes approximately three minutes per photo or 1.25 hours per 25 

photos. 

Exhibit 6.7 estimates the annual accreditation costs for training providers and Exhibit 6.8

estimates the annual cost for training provider notifications. As shown in Exhibit 6.9, total training 

provider costs are estimated to be $977,586 in the first year of the rule, $202,339 in the second year, and 

$201,243 in the third year. The average annual cost over the three years covered by the ICR is $460,389. 

This yields an average cost of $2,748 per training provider. 

 

2

U.S. Bureau of Labor Statistics. 2008. Occupational Employment Statistics Series.

3

 Certified renovators’ fully loaded wages ($34.92/hour) are estimated from BLS wage data for First-Line 

Supervisors/Managers of Construction Trades and Extraction Workers (Occupation 47-1011) who work in the 

residential building construction industry. Wages are fully loaded to account for fringe benefits with an average 

fringe rate for the construction industry of 23.5 percent. 

4

 The analysis assumes a total cost of $2.00 per photo; adjusted for inflation, this equates to a material cost of $19.91 

for 25 photos. 
*** Deliberative – Do Not Cite, Quote or Release During EO 12866 Review *** 

Exhibit 6.7 Training Providers: Accreditation Cost Estimates 

Number of Training Providers 

Year 1 Year 2 Year 3 Avg. 

Receiving Initial Accreditation 168 23 23 71 

Receiving Re-Accreditation 0 19 19 13 

Already Accredited 0 125 124 83 

Total 168 167 166 167 

Accreditation/Re-Accreditation Cost per Training Provider – 2008 Dollars 

Accreditation 

Year 

ReAccreditation 

Year Other Years 

Rule Familiarization $389.34 $0.00 $0.00 

Accreditation Statement $194.67 $194.67 $0.00 

Clerical Time- Statement $51.11 $51.11 $0.00 

Clerical Time- Recordkeeping $25.56 $25.56 $25.56 

Material Costs $0.62 $0.62 $0.00 

Total Cost $661.30 $271.96 $25.56 

Total Accreditation Cost - 2008 Dollars 

Year 1 Year 2 Year 3 

Rule Familiarization $65,409 $8,955 $8,955 

Accreditation Statement $32,705 $8,176 $8,176 

Clerical Time- Statement $8,586 $2,147 $2,147 

Clerical Time- Recordkeeping $4,294 $4,269 $4,243 

Material Costs $104 $26 $26 

Total $111,098 $23,572 $23,547 

Sources: Economic Analysis for the Final Rule (EPA 2008); EPA ICR No. 

1715.07; and U.S. Bureau of Labor Statistics Occupational Employment 

Statistics Series (2008). 

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Page 19 of 32 

Exhibit 6.8 Training Providers: Notification Cost Estimates

Category Events per Training Provider 

Year 1 Year 2 Year 3 Avg. 

Reporting 

Cost/Event

Recordkeeping 

Cost/Event 

Materials 

Cost/Event 

Total 

Cost/Event

Pre-notification 53 11 11 25 $3.83 $0.26 $0.53 $4.62 

Re-notification 6 1 1 3 $3.83 $0.26 $0.53 $4.62 

Post-notification 53 11 11 25 $39.36 $0.26 $0.53 $40.14 

Digital Photo 53 11 11 25 $31.94 $0.00 $19.91 $52.00 

Cost per Train ng Provider i

Year 1 Year 2 Year 3 

$5,158 $1,070 $1,070 

Training Prov ers per Year id

Year 1 Year 2 Year 3 

168 167 166 

Total Cost per Year 

Year 1 Year 2 Year 3 

$866,487 $178,767 $177,696 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010); EPA ICR No. 1715.07; and U.S. 

Bureau of Labor Statistics Occupational Employment Statistics Series (2008). 

Exhibit 6.9 Total Training Provider Costs - 2008 Dollars

Year 1 Year 2 Year 3 Average 

Accreditation Cost $111,098 $23,572 $23,547 $52,739 

Notification Cost $866,487 $178,767 $177,696 $407,650 

Total Cost $977,586 $202,339 $201,243 $460,389 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010); EPA ICR 

No. 1715.07; and U.S. Bureau of Labor Statistics Occupational Employment Statistics 

Series (2008). 

RRP Firms – Costs Related to Dust Wipe Testing Requirements

After performing dust wipe testing, the certified dust sampling technician is required to prepare a 

dust wipe testing report and provide it to the renovation firm within three days of the date that the dust 

wipe test results are obtained. If the dust wipe test results are to be determined by a fixed-site laboratory, 

the samples have to be sent to the laboratory within one business day of the date they are collected. The 

dust wipe testing or clearance report would include the name and signature of each certified person 

collecting the samples or performing the testing, the name and address of each certified firm employing 

the persons conducting the sampling or testing, the start and completion dates of the renovation, a brief 

written description of the renovation, the results of the visual inspection, a detailed written description of 

the specific sampling or testing locations or a detailed drawing that clearly identifies the location of each 
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Page 20 of 32 

sample or test, the name of the NLLAP-recognized entity analyzing the results, the results of each sample 

or test, and the clearance standard that is applicable to each sample or test. 

The renovation firm is required to provide a copy of the dust wipe testing report to the owner of 

the affected building, and if different, to the occupant of a rented space or operator of a child-occupied 

facility. 

In addition to the time needed to collect dust wipe samples, ship them to the lab, and prepare and 

mail a summary report, entities performing RRP events will also incur the costs of the lab analysis, dust 

wipe sample materials, shipping charges, and report materials. Based on a survey of nine establishments, 

EPA estimates a lab cost of $19.00 per sample. EPA estimates the cost of the dust wipes to be $0.25 per 

wipe. Based on per-page photocopy costs, EPA estimates that a single copy of the dust wipe testing 

report (assumed to average four pages in length, accounting for a one page job description, one page of 

lab results, one page for a diagram of sample locations, and one additional page to account for the 

instances where more than three pages might be necessary, such as a renovation event occurring in 

multiple rooms) costs $0.36. EPA estimates a shipping cost of $4.95 based on the rate for Priority Mail 

using the U.S. Postal Service. After events requiring clearance to be achieved, EPA assumes renovation 

firms will send reports via overnight mail; EPA estimates the overnight shipping cost to be $15.68. 

EPA assumes that renovation firms working in residential housing will have certified dust 

sampling technicians on staff to perform the dust sampling and report preparation activities. Entities 

performing work in public and commercial building child-occupied facilities are expected to hire thirdparty lead evaluation firms to perform dust sampling. Therefore, these entities will incur labor costs 

associated with sending the dust sampling report to building owners and operators, whereas the cost of 

hiring a third-party firm is accounted for as a material cost. Exhibit 6.10 presents resulting average perentity costs. 

Exhibit 6.10 Average Cost per Entity 

Year 1 Year 2 Year 3

Average Labor Cost per Entity 

Residential Contractors $449.17 $449.17 $449.17 

Public or Comm. Bldg Operators a $2.91 $2.91 $2.91 

Non-Residential Contractors b $2.91 $2.91 $2.91 

All Firms $446.92 $446.92 $446.92 

Average Material Cost per Entity 

Residential Contractors $674.30 $674.30 $674.30 

Public or Comm. Bldg Operators a $493.35 $493.35 $493.35 

Non-Residential Contractors b $480.27 $480.27 $480.27 

All Firms $673.36 $673.36 $673.36 

Total Cost per Entity 

Residential Contractors $1,123.47 $1,123.47 $1,123.47 

Public or Comm. Bldg Operators a $496.26 $496.26 $496.26 

Non-Residential Contractors b $483.18 $483.18 $483.18 

All Firms $1,120.28 $1,120.28 $1,120.28 

a. RRP is performed by the owner of a public or commercial building where a COF is located. 

b. RRP is performed by a contractor in a public or commercial building COF. 

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010).
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Exhibit 6.11 presents the estimated total costs of the dust wipe testing requirements to entities 

performing RRP events. RRP firms will incur time burden and material costs, presented in Exhibit 6.6

and Exhibit 6.10, respectively. To estimate total labor costs associated with dust wipe testing, the total 

burden estimates in Exhibit 6.6 were multiplied by the loaded wage rate for clerical staff ($34.92 per 

hour). Total material costs were estimated by multiplying the numbers of entities in Exhibit 6.4 by the 

corresponding per-entity dust wipe testing cost estimates in Exhibit 6.10. 

Exhibit 6.11 Total Costs Associated with the Dust Wipe Testing Requirements 

Year 1 Year 2 Year 3 

Total Labor Cost 

Residential Contractors $100,533,679 $100,121,341 $99,710,799

Public or Comm. bldg Operators $1,996 $1,988 $1,979

Non-Residential Contractors $1,304 $1,298 $1,292

Total - All Entities $100,536,889 $100,124,381 $99,713,662

Total Materials Cost 

Residential Contractors $150,922,500 $150,303,493 $149,687,183

Public or Comm. bldg Operators $338,438 $336,958 $335,478

Non-Residential Contractors $215,161 $214,200 $213,240

Total - All Entities $151,475,699 $150,854,188 $150,235,370

Total Cost 

Residential Contractors $251,456,179 $250,424,833 $249,397,982

Public or Comm. bldg Operators $340,434 $338,946 $337,457

Non-Residential Contractors $216,465 $215,498 $214,532

Total - All Entities $252,012,587 $250,978,569 $249,949,032

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010); EPA ICR No. 1669.04 

(2004); U.S. Bureau of Labor Statistics Occupational Employment Statistics Series (2008)

 6(c) Estimating Agency Cost

There are also government costs to administer the program. States, Tribes, and Territories are 

allowed, but are under no obligation, to apply for and receive authorization to administer these 

requirements. EPA will directly administer programs for States, Tribes, and Territories that do not 

become authorized. Because the number of States, Tribes, and Territories that will become authorized is 

not known, administrative costs are estimated assuming that EPA will administer the program 

everywhere. To the extent that other government entities become authorized, EPA’s administrative costs 

will be lower. States, Tribes, and Territories that choose to implement the rule themselves are expected to 

incur similar costs on a per-unit basis. 

EPA will incur costs to process training provider accreditations and notifications for dust 

sampling technician training. To reduce the burden on the regulated community, EPA does not require 

formal certification for dust sampling technicians (this cost is implicit in the fee charged to renovation 

firms). However, EPA will incur incremental costs of contractor support and database maintenance as a 

result of the increase in dust sampling technician certification. 

For the purpose of estimating costs, it is assumed that EPA Regions will incur variable processing 

costs, and fixed administrative and enforcement costs. Regional administrative activities include 

answering phone inquires from the public regarding the LRRP program, following up on the status of 

applications, providing information to other regions, coordinating with headquarters, and performing 

other customer service activities. Enforcement activities include conducting audits of training providers 

and firms. In addition, it is assumed that EPA Headquarters will incur fixed administrative costs related 

Page 21 of 32 
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Page 22 of 32 

to coordination with regions and maintenance of the central database and registry. EPA Headquarters will 

also support enforcement activities. 

Accreditation cost estimates are based on responses from a Time-Motion Study conducted in 

support of the 2009 Economic Analysis for the TSCA section 402 Lead-Based Paint Program 

Accreditation and Certification Fee Rule (i.e., the Fee Rule). In the Time-Motion Study, data were 

collected from three EPA Regions: Region 2, Region 4, and Region 9. Regions were asked to provide the 

number of hours and personnel required to process applications under the TSCA section 402(a) LeadBased Paint Activities program (i.e., the Abatement Rule). While TSCA section 402(a) defines training 

and certification requirements for five different categories of lead abatement professionals, the type of 

administrative activities associated with the TSCA section 402(a) rule are similar to those expected for 

the Renovation, Repair and Painting Rule. See the 2009 Fee Rule for an in-depth explanation of fee 

structure methodology and calculations. 

Agency Costs of Accrediting Training Providers 

To estimate cost of processing accreditation applications for the LRRP rule, EPA followed the 

approach used to estimate these costs for the Abatement rule. To estimate these costs, EPA first 

considered the variable and fixed costs associated with each applicant type. The variable costs reflect the 

regional processing costs for each application type. The fixed costs include the regional and headquarters 

administrative and enforcement costs, which apply across all the applications. EPA divided the total 

regional enforcement and administrative costs and the headquarters costs by the total estimated number of 

applicants over the five year projection period for the 2008 LRRP Rule. 

Exhibit 6.12 presents the Agency cost per training provider developed in the Economic Analysis 

for the Fees Rule. 

Exhibit 6.12 Fee Schedule for Accrediting Training Providers 

Calculated Fee Actual Fee 

Estimated Initial Accreditation $558 $560 

Estimated Re-Accreditation $398 $400 

. 

Sources: The Economic Analysis for the TSCA section 402 Lead-Based Paint 

Program Accreditation and Certification Fee Rule (EPA 2009) 

As described earlier in Exhibit 6.1, it is estimated that 168 training providers would become 

accredited in Year 1. In Year 2, 42 training providers are expected to seek accreditation or reaccreditation, and in Year 3, 42 training providers are expected to be accredited or re-accredited. As 

shown in Exhibit 6.13, based on these estimates, it will cost EPA less than $0.1 million to process dust 

sampling technician notifications in Year 1. EPA’s costs for notification processing are estimated to 

approximately $20,500 in Years 2 and 3. 
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Page 23 of 32 

Exhibit 6.13 Total Costs of Training Provider Accreditations 

Year 1 Year 2 Year 3 

Initial Accreditation 168 23 23 

Re-Accreditation 0 19 19 

Total Cost of Accreditation $94,080 $20,480 $20,480 

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

Sources: Analysis for Clearance Proposed Rule (EPA 2010); The Economic Analysis for the 

TSCA section 402 Lead-Based Paint Program Accreditation and Certification Fee Rule (EPA 

2009) 

Agency Cost of Processing Training Notifications

EPA will incur the cost of processing notifications submitted by training providers prior to and 

following each course session. It is assumed that EPA technical staff with a fully loaded hourly wage of 

$36.915

 will spend an average of two minutes processing each notification. 

It is estimated that there will be 18,876 training notifications in Year 1, 3,894 in Year 2, and 

3,871 in Year 3. As shown in Exhibit 6.14, it will cost EPA $23,226 to process training notifications in 

the first year of the rule, $4,792 in Year 2, and $4,763 in Year 3. 

Exhibit 6.14 Total EPA Cost of Training Notifications – 2008 Dollars 

Year 1 Year 2 Year 3 

Process Training Notification $23,226 $4,792 $4,763 

Total $23,226 $4,792 $4,763 

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

Sources: Economic Analysis for the Clearance Proposed Rule (EPA 2010); U.S. Office of 

Personnel Management: 2008 General Schedule - Base Annual (OPM 2008). 

Agency Costs of Certifying Dust Sampling Technicians

Under the 2008 LRRP Rule, dust sampling technicians are not required to apply to EPA for 

formal certification. However, EPA Headquarters will incur administrative costs related to contract 

support and maintenance of the central database and registry. EPA estimates the contractor support cost 

to be $5 per dust sampling technician notification. Central database maintenance, which is a fixed cost, is 

spread across all dust sampling technicians. 

To estimate the costs of processing notifications for the LRRP rule, EPA followed the approach 

used to estimate the costs of processing notifications for the Abatement rule. To estimate these costs EPA 

considered both the variable and fixed costs associated with each applicant type. The variable costs 

reflect the regional processing costs for each application type. The fixed costs include the regional and 

headquarters administrative and enforcement costs, which apply across all the applications. EPA divided 

the total regional enforcement and administrative costs and the headquarters costs by the total estimated 

number of applicants over the five year period that the training is valid. 

 

5 EPA used the Office of Personnel Management’s General Salary Table 2008-GS to estimate government employee 

wage rates. EPA used the wage for a GS-11, Step 1 employee and loaded the wage using the standard government 

multiplier of 1.6 to cover overhead and fringe benefits. 
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Page 24 of 32 

Fixed costs for sampling technicians were estimated by dividing the headquarters administrative 

costs by the total number of applicants over the five year period that the training is valid to obtain an 

estimated cost of $66

. As sampling technicians are not required to obtain formal certification, their costs 

are recouped by the fee charged to RRP firms. See the 2009 Fee Rule for an in-depth explanation of fee 

structure methodology and calculations. Exhibit 6.15 presents the Agency cost per dust sampling 

technician developed in the Economic Analysis for the Fees Rule. 

Exhibit 6.15 Agency Costs for Processing Dust Sampling Technician 

Notifications 

Total Cost 

Estimated Cost Per Initial Training $6 

Estimated Cost Per Refresher Training $6 

Sources: The Economic Analysis for the TSCA section 402 Lead-Based Paint 

Program Accreditation and Certification Fee Rule (EPA 2009) 

It is estimated that 223,821 dust sampling technicians would become certified in Year 1. In Year 

2, 44,581 technicians are expected to seek certification or re-certification, and in Year 3, 44,398 

technicians are expected to be certified or re-certified. As shown in Exhibit 6.16, based on these 

estimates, it will cost EPA $1.3 million to process dust sampling technician notifications in Year 1. 

EPA’s costs for notification processing are estimated to be less than $0.3 million in Years 2 and 3. 

Exhibit 6.16 Total Costs of Dust Sampling Technician Notifications 

Year 1 Year 2 Year 3 

Dust Sampling Technicians 223,821 44,581 44,398 

Total Cost $1,342,926 $267,486 $266,388 

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

Sources: Analysis for Clearance Proposed Rule (EPA 2010); The Economic Analysis for the 

TSCA section 402 Lead-Based Paint Program Accreditation and Certification Fee Rule (EPA 

2009) 

6(d) Bottom Line Burden Hours and Cost

The number of respondents is shown in Exhibit 6.17, and the number of responses in Exhibit 6.18. The 

respondent burden for the collection of notification information is shown in Exhibit 6.19. The annual 

paperwork burden over the first three years is estimated to average 2,880,998 hours. The average annual 

respondent cost for the collection of notification information is shown in Exhibit 6.20 and is estimated to 

be $250 million. The Agency cost is estimated to average $0.7 million per year, as shown in Exhibit 

6.21. 

 

6

 See Economic Analysis for the TSCA Section 402 Lead-Based Paint Program Accreditation and Certification Fee 

Rule (EPA, 2009). 
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Exhibit 6.17 Number of Respondents 

Year 1 Year 2 Year 3 Average 

Training Providers 168 167 166 167 

RRP Firms 224,955 224,032 223,113 224,033 

Total 225,123 224,199 223,279 224,200 

Exhibit 6.18 Number of Responses

Year 1 Year 2 Year 3 Average 

Training Provider Accreditation 168 42 42 84 

Training Provider Notifications 18,876 3,894 3,871 8,881 

RRP Firm Events 1,596,990 1,590,442 1,583,921 1,590,451 

Total 1,616,034 1,594,378 1,587,834 1,599,416 

Exhibit 6.19 Respondent Burden Hours

Year 1 Year 2 Year 3 Average 

Training Provider Accreditation 2,520 603 602 1,242 

Training Providers Notifications 26,527 5,473 5,440 12,480 

RRP Firms 2,879,064 2,867,260 2,855,505 2,867,276 

Total 2,908,111 2,873,336 2,861,547 2,880,998 

Exhibit 6.20 Respondent Cost 

Year 1 Year 2 Year 3 Average 

Training Provider Accreditation $111,098 $23,572 $23,547 $52,739 

Training Providers Notifications $866,487 $178,767 $177,696 $407,650 

RRP Firms $252,012,587 $250,978,569 $249,949,032 $250,980,063 

Total $252,990,173 $251,180,908 $250,150,274 $251,440,452 

Exhibit 6.21 Agency Cost 

Year 1 Year 2 Year 3 Average 

EPA $1,460,232 $292,758 $291,631 $681,540 

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Page 26 of 32 

Exhibit 6.22: Respondent Summary, Three-Year Average 

Number of Small 

Respondents 

Number of 

Respondents 

Responses per 

Respondent 

Burden per 

Response 

(hours) 

Annual 

Burden 

Training Providers – Existing Respondents, Additional Responses 

Accreditation

Accreditation 67 71 1 15.00 1,070 

Re-Accreditation 12 13 1 7.00 89 

Non-Accreditation 78 83 1 1.00 83 

Training Providers - Existing Respondents, Additional Responses 

Dust Sampling Technician Notifications 

Pre-notification 157 167 25 0.16 668 

Re-notification 157 167 3 0.16 80 

Post-notification 157 167 25 1.55 6,471 

Digital Photos 157 167 25 1.25 5,219 

Private Firms

Residential Contractors 222,347 222,904 7.13 1.80 2,860,780 

Entities working in 

Pub./Comm. Bldg COFs 696 857 1 0.08 69 

Local Governments 

Public School Districts 145 272 1 0.08 22 

Burden calculations are incremental increases relative to previous ICR (EPA No. 1715.10, March 2008). 

The total burden in OMB’s inventory for the existing, approved version of this ICR (EPA ICR No. 

1715.10) is 2,157,174 hours. With the addition of the 2,880,998 program change hours related to this 

proposal and the 1,652,593 hours in EPA ICR No. 1715.11 (the Opt-out Rule), the total burden requested 

for this ICR will be 6,690,765 hours. 

6(e) Reasons For Changes in Burden

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

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

Program Changes 

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

proposed revisions to the 2008 final RRP rule. These changes would increase the number of respondents 

for certain approved information collection activities in some cases, and in other cases increase the 

number of events for certain approved information collection activities. 

 Additional Respondents Needing Accreditation

EPA estimates that an additional 167 training providers would become accredited to offer dust 

sampling technician training as a result of the proposed rule, and therefore add a corresponding 167 

annual responses. Of these 167 annual responses, EPA estimates that there will be 71 new initial 

accreditation responses, 13 re-accreditation responses, and 83 non-accreditation year recordkeeping 

responses. The addition of these new responses is expected to increase the annual accreditation burden by 

1,070 hours for training providers seeking initial accreditation, 89 hours for training providers seeking re-
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Page 27 of 32 

accreditation, and 83 hours for training providers engaged in non-accreditation year recordkeeping 

activities. 

 Additional Training Events

In direct relation to the increased number of dust sampling technicians that will be required to be 

trained and certified, training providers are expected to hold an additional 25 courses per year to 

accommodate the increase in the number of new respondents seeking training. Training providers are 

required to notify EPA before and after course completion, and in some instances re-notify if course 

rosters/schedules change. Therefore, EPA has increased the estimated number of pre-course and postcourse notifications per firm each by 25, and the number of re-notifications per firm by 3. The annual 

notification burden for training providers related to these additional courses is expected to increase by 668 

hours for pre-course notification, 80 hours for re-notifications, and 11,690 hours for post-course 

notification (including digital photographs). 

 Dust Wipe Testing and Clearance Requirements

Under the proposed rule, renovation firms will be required to perform dust wipe testing or 

clearance for a subset of renovation events. The requirements associated with performing dust wipe 

testing and providing owners and occupants with a dust wipe testing report is expected to increase the 

annual labor burden on renovation firms by 2,867,276 hours. 

6(f) Burden Statement

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

Control No. 2070-0155, is estimated to average approximately 82 hours per year for training providers. 

For renovation firms, the average incremental burden is estimated to be about 12.8 hours per year. 

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

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

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

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

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

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

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

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

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

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

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

40 CFR part 9.
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ATTACHMENTS TO THE SUPPORTING STATEMENT

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

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

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

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

Attachment 2 Final Rule: Lead; Renovation, Repair, and Painting Program 

 
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EPA ICR No. 1715.11; OMB Control No. 2070-0155 

ATTACHMENT 1 

Toxic Substances Control Act Sections 402 and 404 

15 U.S.C. 2682, 2684 
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Page 30 of 32 

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

 (a) Regulations 

(1) In general 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 (2) Accreditation of training programs 

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

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

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

limited to, each of the following: 

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

 (B) Minimum training curriculum requirements. 

 (C) Minimum training hour requirements. 

 (D) Minimum hands-on training requirements. 

 (E) Minimum trainee competency and proficiency requirements. 

 (F) Minimum requirements for training program quality control. 

 (3) Accreditation and certification fees 

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

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

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

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

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

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

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

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

training their own employees. 

 (b) Lead-based paint activities 

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

(1) in the case of target housing, risk assessment, inspection, and abatement; and 

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

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

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

 (1) Guidelines 

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

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

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

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

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

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

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

(2) Study of certification 

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

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

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

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

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

 (3) Certification determination 

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

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

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

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

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

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

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

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

certification, the Administrator shall publish an explanation of the basis for that determination. 
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EPA ICR No. 1715.11; OMB Control No. 2070-0155

ATTACHMENT 2 

Final Rule: Lead; Renovation, Repair, and Painting Program

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

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