Page 1 of 31 Supporting Statement for a Request for OMB Review under

The Paperwork Reduction Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a) Title and Number of the Information Collection Title: Lead - Based Paint Pre - Renovation Informa tion Dissemination

– TSCA Sec. 406(b) EPA ICR No.: 1669.06 OMB Control No.: 2070 - 0158 1(b) Short Characterization Section 406(b) of Title IV of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2686) requires the U.S. Environmental Protection A gency (EPA) to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet (developed under section 406(a) of TSCA) to the owner and occupant of such housing no m ore than 60
- days prior to commencing the renovation. Section 401 of TSCA defines target housing as any housing constructed before 1978 except housing for the elderl y or disabled or 0
- bedroom dwellings. Those who fail to provide the pamphlet, as required, may

be subject to both civil and criminal sanctions under section 16 of TSCA. Pursuant to Title IV of TSCA, EPA promulgated regulations applicable to all renovations of target housing or child
- occupied facilities performed for compensation, except as otherwise specified, at 40 CFR part 7 45, subpart E
. The regulations in 40 CFR part 745, subpart E, cover information distribution requirements, work practice standards, reporting requirements, and individual and firm certifications, among other things. Thi s ICR amendment only addresses the information distribution requirements which require firms performing renovations to provide the owner and occupant of any residential dwelling unit or multi
- unit housing with a lead hazard information pamphlet . After pro viding the pamphlet to the owner and occupant and obtaining written acknowledgment, the firm performing the renovation must keep acknowledgment records on file for three ye ars after completion of work. The information distribution requirements found in 4 0 CFR part 745, subpart E, appl y to any person who performs renovations in target housing or child
- occupied facilities for compensation. However, a designated representative (e.g., a landlord, rental property manager) may deliver the pamphlet and obtain the acknowledgment. When using a designated representative, the firm performing renovations remains responsible for compliance with the regulations (63 FR 29914; June 1, 1998). For purposes of this I CR, EPA assumes that all activities associated with distribution of the lead hazard information pamphlet are undertaken b y renovation firms
. This I CR examines the respondent paperwork requirements and associated time and cost burden of the information distribution requirements at 40 CFR part 745, subpart E. Sections 1 through 5 of the ICR describe the paperwork requirements associated with the distribution of thePage 2 of 31

lead hazard information pamphlet prior to commencing renovations of target housing or child
occupied facilities for compensation. Section 6 estimates the annual time and cost burden to respondents in complying with these paperwork requirements. Note that this I CR does not address time and cost burden to recipients of the lead hazard information pamphlet (i.e., owners and occupants of target housin g or child
- occupied facilities ) because the pamphlet is originall y supplied b y the Federal government. Under 5 CFR 1320.3(c)(2), “the public disclosure of information originall y supplied b y the Federal government to the [respondent] for the purpose of dis closure to the public is not included” as a “collection of information.” In addition, because the acknowledgment of receipt obtained b y the firm performing the renovation only involves “that burden necessary to identify

the respondent, the date, the respo ndent’s address, and the nature of the instrument,” completion of the acknowledgment form by the owner and occupant of the target housing or child
- occupied facilities is not considered to be “information” under 5 CFR 1320.3(h)(1). The following paragraph s describe the activities that firms performing renovations would take under the information distribution requirements at 40 CFR part 745, subpart E. Exemption from Information Distribution Requirements Under 40 CFR 745.82, firms performing renovations of target housing or child
- occupied facilities for compensation are not subject to the regulations in 40 CFR 745 .84 if the renovation activities are limited to: (i) minor repair and maintenance activities (including minor electrical work and plumbing) that disrupt six square feet or less of painted surface per room for interior activities or twenty square feet or less of painted surface for exterior activities where no prohibited or restricted practices are used and where the work does not involve window replacement or demolition of painted surfaces ; (ii) emergency renovation operations; (iii) renovations in target housing or child
- occupied facilities in which a written determination has been made b y an inspector (certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected b y the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the firm has obtained a copy of the determination ; or (iv) renovations in target housing or child
occupied facilities in which a certified renovator, using an EPA recognized test kit has tested each compon ent affected by the renovation and determined that the components are free of paint or other surface coating containing lead equal to or in excess of 1.0 mg/cm2 or 0.5% b y weight
. Information Distribution Requirements for Renovations in Dwelling Units Under 40 CFR 745. 8 4 (a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, firms performing renovations must provide the owner of the dwelling unit with the pamphlet, and must comply with the pro cedures specified at section 745.8 4 (a)(1)(i) or (ii). In addition, if the owner does not occupy the dwelling unit, the renovation firm must provide an adult occupant of the unit with the pamphlet, and compl y with the procedures specified at section 745.8 4 (a)(2)(i) or (ii).Page 3 of 31

Information Distribution Requirements for Renovations in Common Areas Under 40 CFR 745. 8 4 (b), no more than 60 days before beginning renovation activities in common areas of multi
- unit target housing, a firm performing renovations mu st provide the owner of the multi
- unit housing with the pamphlet, and comply with the procedures specified at section 745. 8 4 (b)(1)(i) or (ii )
. In addition, the firm performing renovations must (i) notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the pl anned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a cop y of the records required by § 745.86(c) and (d), at no cost to the occupants, or (ii) While the renovation is ongoing , post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely

to be seen by

the occupants of all of the affected units. The signs must be accompanied by a posted copy

of the pamphlet or information on how interested occupants can review a cop y of the pamphlet or obtain a cop y from the renovation firm at no cost to occupants. The signs must also include information on how interested occup ants can review a copy of the records required by section 745.86(c) and (d) or obtain a copy from the renovation firm at no cost to the occupants. ( S ection 745. 8 4 (b)(2)). The firm performing renovations also must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745. 8 4 (b)(3)). If the scope, locations, or expected starting and ending dates of the planned renovation activities change after th e initial notification, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the f

irm performing the renovation initiates work beyond that which was described in the original notice (section 745. 8 4 (b)(4)). Recordkeeping Requirements Under 40 CFR 745.86(a), form performing renovations must retain and, if requested, make available to E PA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing or child
- occupied facilities
. 2. NEED FOR AND USE OF T HE COLLECTION 2(a) Need and Authority for the Collection Section 406(b) of TSCA requires EPA to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. Regulations promulgated under the authority of section 406(b) ensure that ownersPage 4 of 31

and occupants of target housing are provided information concerning potential hazards of lead
based paint exposure before certain renovations are begun on that housing. The Agency believes that the distribution of the pamphlet will help to reduce the exposures that cause serious lead poisonings, especially

in children under age six, who are particularl y susceptible to the hazards of lead. 2(b) Practical Utility and Users of the Data Owners and occupants of target housing and child
- occupied facilities must be provided with a lead hazard information pamphlet before any renovation commences. Informatio n contained in the lead hazard information pamphlet may be used by

owners and occupants of target housing and child
- occupied facilities to take appropriate precautions to avoid exposure to lead
- contaminated dust and lead
- based paint debris that are sometim es generated during renovations. In addition, the recordkeeping requirements under 40 CFR part 745, subpart E, enable EPA, State and local regulators and the courts to determine initial compliance and monitor continued compliance with the provisions of s ection 406(b) of TSCA. The record of compliance could also serve as a crucial piece of information in civil actions to establish liability
. 3. NON -DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a) Non -Duplication EPA has determined that no other Federal agency collection satisfies the statutory requirements of section 406(b) of TSCA. 3(b) Public Notice Required Prior to ICR Submission to OMB Prior to submission to OMB, this I CR will be made available to the publi c for comment through a Federal Register notice. The public will have 60 days to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB. 3(c) Consultations Under 5 CFR 1320. 8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of I CRs before submitting an original or renewal I CR to OMB for review and approval. In accordance with this regulation, EPA will pursue addition al consultations with interested parties during the development of the renewal of this collection.Page 5 of 31

3(d) Effects of Less Frequent Collection The information distribution requirements at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable. 3(e) General Guidelines This collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.5. 3(f) Confidentiality Since this I CR inv olves only recordkeeping and 3rd
-pary notifications, EPA does not believe that respondents submit any information to the Agency or that, in doing so, they would assert a confidentiality

claim for information collected under this ICR. However, to the extent information submitted by respondents is business confidential, procedures are in place to protect the information from improper disclosure consistent with section 14 of TSCA; 40 CFR part 2, subpart B; and 40 CFR 745.84. 3(g) Sensitive Questions No questions of a sensitive nature are included in the information collection requirements associated with the distribution of the lead hazard information pamphlet. 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4(a) Respondents and NAICS Codes The North American Industrial Classification System (NAICS) codes associated with industries most likely

affected by

the requirements covered in this ICR are described below:Page 6 of 31 NAICS Code Industrial Sector 23321 Single Family Housing Construction 23322 Multifamily Housing Construction 23511 Plumbing, Heating, and Air
- Conditioning Contractors 23521 Painting and Wall Covering Contractors 23531 Electrical Contractors 23541 Masonry and Stone Contractors 23542 Drywall, Plastering, Acoustical, and Insulation Contractors 23543 Tile, Marble, Terrazzo, and Mosaic Contractors 23551 Carpentry Contractors 23552 Floor Laying and Other Floor Contractors 23561 Roofing, Siding, and Sheet Metal Contractors 23571 Concrete Contractors 23581 Water Well Drilling Contractor s 23591 Structural Steel Erection Contractors 23592 Glass and Glazing Contractors 23593 Excavation Contractors 23594 Wrecking and Demolition Contractors 23595 Building Equipment and Other Machinery Installation Contractors 23599 All Other Special Tra de Contractors 53111 Lessors of Residential Buildings and Dwellings 53119 Lessors of Other Real Estate Property 53121 Offices of Real Estate Agents and Brokers 531311 Residential Property Managers 53132 Offices of Real Estate Appraisers 53139 Other Activities Related to Real Estate 611110 Elementary and Secondary Schools 624410 Child Day Care Services 4(b) Information Requested In the following paragraphs, EPA describes the paperwork requirements associated with the distribution of the lead hazard information pamphlet.Page 7 of 31

Exemption from Information Distribution Requirements Under 40 CFR 745.82, firms performing renovations of target housing or child
- occupied facilities for compensation are not subject to the regulations in 40 CFR 745 .84 if the renovation activities are limited to: (i) minor repair and maintenance activities (including minor electrical work and plumbing) that disrupt six square feet or less of painted surface per room for interior activities or twenty square feet or less of painted surface for exterior activities where no prohibited or restricted practices are used and where the work does not involve window replacement or demolition of painted surfaces ; (ii) emergency renovation operations; (iii) renovations in target housing or chi ld
- occupied facilities in which a written determination has been made b y an inspector (certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CFR 745.324) that the components affected b y the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent b y weight, where the renovator has obtained a cop y of the determination ; or (iv) renovation s in target housing or child
- occupied facilities in which a certified renovator, using an EPA recognized test kit has tested each component affected b y the renovation and determined that the components are free of paint or other surface coating containing lead equal to or in excess of 1.0 mg/cm2 or 0.5% b y weight
. (i) Data Items :

 Written determination by an inspector (certified pursuant to either Federal regulations at 40 CFR 745.226 or a State or Tribal certification program authorized pursuant to 40 CF R 745.324) that the components affected b y the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent b y weight. (ii) Respondent Activity :

 A firm performing ren ovations of target housing or child
- occupied facilities for compensation may

be exempt from the regulations in 40 CFR part 745, subpart E b y obtaining cop y of a determination made by a certified inspector that the components affected b y the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight. Information Distribution Requirements for Renovation in Dwelling Units Under 40 CFR 745. 8 4 (a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, a firm performing renovations must provide the owner of the dwelling unit with the pamphlet, and must comply with the procedures specified at section 745. 8 4 (a)(1)(i) or (ii). In addition, if the owner does not occupy the dwelling unit, the firm performing renovations must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745. 8 4 (a)(2)(i) or (ii).Page 8 of 31

(i ) Data Items :

 Lead hazard information pamphlet; and

 Documentation providing proof that the pamphlet was provided to the owner and occupant of the target housing or that an attempt was made to provide the pamphlet to the owner and occupant of the target h ousing (e.g., collect signed acknowledgment form, provide self

- certification for failed deliveries, and document mailing the information). (ii) Respondent Activities : A firm planning to conduct renovations in any residential dwelling unit must:

 Prepare acknowledgment and certification forms;

 Provide the owner of the unit with the pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by :
o Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet (section 745. 8 4 (a)(1)(i)); or
o Obtaining a certificate of mailing at least seven days prior to the renovation (section 745. 8 4 (a)(1)(ii)). In addition, if the owner does not occup y the dwelling unit, the firm performing renovations also must :

 Provide an adult occupant of the unit with the pamphlet and obtain proof that the pamphlet was provided to the occupant of the target housing b y:
o Obtaining, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet ( section 745. 8 4 (a)(2)(i)); or
o Certifying in writing that a pamphlet has been delivered to the dwelling and that the firm performing renovations has been unsuccessful in obtaining a written acknowledgment from an adult occupant (section 745. 8 4 (a)(2)(i)); or
o Obtaining a certificate of mailing at least seven days prior to the renovation (section 745. 8 4 (a)(2)(ii)). Information Distribution Requirements for Renovations in Common Areas Under 40 CFR 745. 8 4 (b), no more than 60 days before beginning renovation activities in common areas of multi
- unit housing, a firm performing renovations must provide the owner of the multi
- unit housing with a lead hazard information pamphlet, and comply with the procedures specified at section 745. 8 4 (b)(1)(i) or (ii). In addition, the firm performing renovations must notify in writing, or ensure written notification of, each affected unit and make the pamphletPage 9 of 31

available upon request prior to the start of the renovation. Such notification shall be accomplished b y distributing written notice to each affected unit (section 745. 8 4 (b)(2)). Finall y, firm performing renovation s must prepare, sign, and date a statement describing the steps performed to notify

all occupants of the intended renovation activities and to provide the pamphlet (section 745. 8 4 (b)(3)). (i) Data Items :

 Lead hazard information pamphlet;

 Notice describing the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the firm ; and  Statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet. (ii) Respondent Activities : A firm performing renovations planning to conduct renovations in common areas of multi
- unit housing must:

 Prepare acknowledgment and certification forms;

 Provide the owner of multi
- unit target housing unit with the pamphlet and obtain proof that the pamphlet was provided to the owner of the target housing by :
o Obtaining, from the owner, a written acknowledgment that the owner has received the pamphlet (section 745. 8 4 (b)(1)(i)); or
o Obtaining a certificate of mailing at least seven days prior to the renovation (section 745. 8 4 (b)(1)(ii));

 Notify

in writing, or ensure written notification of, each affected unit of the multi
- unit housing and make the pamphlet available upon request no more than 60
- days prior to the start of the renovation;

 Prepare, sign, and date a statement describing the steps perfor med to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745. 8 4 (b)(3)); and

 If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities (section 745. 8 4 (b)(4)).Page 10 of 31

Recordkeeping Requirements Under 40 CFR 745.86(a), firms performing renovation s must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing. (i) Data Items : Records that must be retained pursuant to section 745.86 include, where applicable:

 Reports certifying that a determination has been made by an inspector that lead
- based paint is not present on the components affected by the renovation, as described in section 745.82( a) ;

 Signed and dated acknowledgments of receipt as described in sections 745. 8 4 (a)(1)(i), (a)(2)(i), (b)(1)(i) (c)(i)(A) and (c)(1)(ii)(A). ;

 Certifications of attempted delivery as described in section 745. 8 4 (a)( 2 )(i) and (c)(1)(ii) (A) ;

 Certificates of mailing as described in sections 745. 8 4 (a)(1)(ii), (a)(2)(ii), (b)(1)(ii) , (c)(1)(i)(B, and (c)(1)(ii)(B); and ; and

 Records of notification activities performed regarding common area renovations, as described in sections 745. 8 4 (b)(3) and (b) (4) . (ii) Respondent Activities : Firms performing renovation s must maintain records to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation.
5. THE INFORMATI ON COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a) Agency Activities There are no Agency

activities associated with the distribution of lead hazard information pamphlets to owners and occupants of target housing and child
- occupied facilities prior to commencing renovations for compensation. 5(b) Collection Methodology and Management There are no Agency

activities associated with the distribution of the lead hazard information pamphlet to owners and occupants o f target housing and child
- occupied facilitiesPage 11 of 31

prior to commencing renovations for compensation. However, under the provisions of 40 CFR 745.87, EPA may

conduct inspections and issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C. 2610) to ensure compliance with 40 CFR part 745, subpart E. 5(c) Small Entity Flexibility In promulgating the regulations at 40 CFR part 745, subpart E, EPA attempted to minimize the reporting and recordkeeping burden for both large and small regulated entities. While small businesses constitute the majority of affected entities, hour and cost burden imposed by the regulations is not considered to be of sufficient magnitude to have significant economic impacts on such establishments. 5(d) Collection Sched ule The information distribution requirements at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable. 6. ESTIMATING BURDEN AND COST OF THE COLLECTIO N This section estimates the incremental burden of reporting and recordkeeping for the requirements under TSCA section 406(b). Estimates for the time (i.e., burden hours) incurred by respondents in complying with the reporting and recordkeeping requirem ents were based on conversations with renovation contractors, building trades groups, and rental property owners and managers, as reflected in the supporting statement for the 2008 renewal of this I CR (EPA ICR No. 1669.05)
. The estimates of the number of entities subject to the rule’s requirements are based on information in the I CR 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 Ac tivities (EPA I CR 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 (EPA 2008), also referred to as the Economic Anal ys is for the RRP rule , and the Economic Analysis for the TSCA Lead Renovation, Repair and Painting Program Opt
- Out and Recordkeeping Final Rule for Target Housing and Child

Occupied Facilities (EPA 2010) , also referred to as the Economic Analysis for the Opt
- out rule
. 6( a) Estimating Respondent Burden This I CR presents the estimated annual burden and associated annual costs for the following information collection components of the pre - renovation information dissemination program :

 Prepare Information

– Firms performing renovation s , including property m anagers of rental h ousing or child
- occupied facilities (COFs) doing their own renovation s, must obtain the required pamphlet, prepare the required acknowledgment/certification form, and prepare the required notification of renovation activities in the common areas of multi
- unit target housing or in COFs
. Firms performing renovation s , includingPage 12 of 31

o wner/m anagers , are also required to prepare, sign, and date a statement describing the steps performed to notify occupants of the intended renovation activities.

 Provide Information

– Firms performing renovation s , including o wner/m anagers of rental h ousing or COFs doing their own renovation s, must provide the owner/occupant with a copy of the pamphlet and document receipt of the pamp hlet by having the owner/occupant sign the acknowledgment. In the case of the notification, firms performing renovation s , including o wner/m anagers , must provide notification for renovation activities in common areas of multi
- unit target housing or in COFs
.
 Maintain Records

– Firms performing renovation s , including o wner/m anagers of r ental h ousing doing their own renovation s, must retain the documentation of distribution, e.g., certification by

owner/occupant. The pre
- renovation education requirements do not apply to events where a test kit indicates that lead
- based paint is not present . Therefore, it is assumed that pre - renovation education costs are onl y incurred for events where lead
- safe work practices (L SWP) are used. The number of LSWP events perfo rmed was calculated using the approach described in detail in the cost chapters of the e conomic anal ys e s for the RRP rule (EPA 2008) and the Opt
- o ut r ule (EPA 2010) . However, unlike the previous anal ys is, this IC R renewal analysis is calculated based on a 43 percent average false positive rate for EPA approved test kits for lead
- based paint
. The 43 percent false positive rate assumes that the test kit market will be split evenly between currentl y approved kits that have a false positive rate averaging 22 percent and those that have a 63 percent average false positive rate. I f EPA recognizes test kits that meet the false positive response criteria at 40 CFR 745.88 during the three ye ar period covered by this ICR , the number of responses (and thus the total estimated respondent burden and cost) will be less than estimated in this renewal ICR. Thus, the burden and cost calculations in this IC R analysis may represent conservative estimates
. For the ICR burden anal ysis, the average number of responses per respondent for each category of respondents and activities was estimated by dividing the total number of annual responses in that activity (derived b y adjusting the estimates in the previous economic analyses) by the total number of respondents. S pecific steps required to comply with the pre
- renovation education requirements are affected b y such factors as whether the renovation is performed in an owner
- occupied building or a rental building, and whether the work is performed by a contractor or by

in
- house st aff. Therefore, the IC R burden anal ys is is calculated separately for each of these scenarios. The anal ys is begins by

discussing the number of renovation events in target housing where pre
renovation education is required, followed b y a discussion of ren ovation events in COFs. (i) Events Taking Place in Target Housing There are 278 , 18 3 respondents ( i.e. renovators and rental property managers ) estimated to work in target housing during the three ye ar period covered b y this ICR. This represents 167 , 669 renovation firms and property managers estimated to work in target housing regulated by thePage 13 of 31

2008 RRP rule and an additional 110, 51 4 renovation firms estimated to work in target housing regulated b y the 2010 Opt
- o ut rule. The pre
- renovation e ducation requirements do not apply to events where a test kit indicates that lead
- based paint is not present . Therefore, it is assumed that pre
- renovation education costs are onl y incurred for renovation events where LSWP are used. The number of LSWP events perfo rmed by landlords and contractors in owner
- occupied and rental target housing was calculated based on the approach described in detail in the cost chapters of the e conomic analys e s for the RRP rule (EPA 2008) and the Opt
- o ut r ule (EPA 2010)
. This appro ach estimate s an average of 905,610 LSWP renovation events in owner
occupied housing as a result of the 2008 RRP rule and 4,463,986 LS WP renovation events as a result of the 2010 Opt
- out rule, for a total three
- ye ar average of 5,369,596 renovation event s p er ye ar in owner
- occupied target housing. The rule’s requirements in rental housing differ depending on whether the renovation occurs in an occupied unit , an unoccupied unit, or a common area s hared b y tenants in multi
- unit housing. 1 Renovation events occurring in occupied rental units require firms performing renovation s to prepare acknowledgment forms for, distribute pamphlets to, and obtain acknowledgments from, both the owner and the tenant of the unit. On the other hand, when renovation events tak e place in unoccupied units or common areas , these activities (prepare certification form, distribute pamphlet, and obtain acknowledgment) appl y only to owners of the unit. For occupants affected by common area renovations, firms performing renovation s ar e required to ensure written notification of the intended renovation activity and, if requested, make the pamphlet available to any tenants making such a request. The firm performing renovation must also document this disclosure activity by preparing a written statement describing the steps performed to notify

all occupants of the intended renovation activities. This I CR anal ys is assumes property owners will post a single cop y of the pamphlet in affected common area s , thereb y making the information availa ble to any i nterested tenants. The Regulatory

Impact Analysis for the 406(b) rule concluded that most renovation activities occur while the unit is vacant in between tenants
. 2 EPA assumes that only one fourth of the renovations in rental property will occur while the unit is occupied. When applied to the estimate that there are there are an average of 5,789,495 LS WP renovations per year in rental target housing , this results in an estimate that the notification provisions of the TSCA section 406(b) rule will appl y to 1,447,374 renovations per year in occupied rental unit s and 4,342,121 renovations per ye ar in vacant units and in common areas . As shown in Exhibit 6. 1 , there is an average of 11,159,091 LS WP ev ents per year in target housing affected by the rule.

1 Common areas are portions of a building generally accessible to all occupants, including

– but not limited to

– hallways, stairways, laundry rooms, recreational rooms, playgrounds, and community centers. 2 Regulatory Impact Analysis of Lead

-Based Paint Hazard Disclosure Regulation for Residential Renovation , U.S. Environmental Protection Agency, April 1998.Page 14 of 31 Exhibit 6. 1 : Summary of Renovation Events in Target Housing

Year 1 Year 2 Year 3 Average Owner
- Occupied Target Housing Regulated under the 2008 RRP rule 909,333 90 5,605 901,892 905,610 Regulated under the 2010 Opt
- out rule 4,482,338 4,463,961 4,445,658 4,463,986 Subtotal

– Owner
- Occupied Events 5,391,671 5,369,566 5,347,550 5,369,596 Rental Target Housing Occupied Units 1,453,324 1,447,366 1,441,431 1,447,374 V acant Units and Common Areas 4,359,972 4,342,09 6 4,324,294 4,342,121 Subtotal

– Rental Events 5,813,296 5,789,46 2 5,765,725 5,789,495 Total Events 11,204,967 11,159,02 8 11,113,275 11,159,091 Sources: Economic Analysis for the 2008 RRP rule ; Economic Analysis for the 20 1 0 Opt
- out rule Exhibit 6. 2 shows the three
- ye ar average annual number of respondents and number of responses b y type for the pre
- renovation education requirements in target housing.

Exhibit 6. 2 : Average Annual Number of Pre - Re novation Education Respondents

and Responses for Renovation W ork in Target Housing

Number of Sm all Respondents Number of

Respondents Number of

Responses Owner
- Occupied Events 276,119 278, 183 5,369,596 Rental Events in Occupied Units 276,119 278, 183 1,447,374 Rental Events in Vacant Units and Common Areas 276,119 278, 183 4,342,121 Total 276,119 278, 183 11,159,091 Sources: Economic Analysis for the RRP rule (EPA 2008) ; Economic Analysis fo r the Opt
- out rule (EPA 20 1 0)
. (ii) Events Taking Place in Public or Commercial Building COFs In addition to the change in target housing renovation events, this I CR includes burden and material cost estimates related to renovations taking place in pu blic or commercial building child
- occupied facilities. The 2008 RRP rule extended the pre
- renovation information dissemination requirements to renovation projects performed b y contractors or landlords in public or commercial building COFs. ( The burden es timates for these entities relating to the pre renovation education requirements of the 2008 RRP rule were previously included in I CR 1715.10, but are now being included in this ICR so that all of the pre
- renovation information dissemination requirements under 406(b) are accounted for in a single ICR). This anal ys is assumes that contractors will work both in COFs that rent space, and in those that own space. Landlords will only

work in the buildings that they own. Since the p re - renovation e ducation requirements do not apply to events where a test kit indicates that lead
- based paint is not present , pre - renovation education costs are onl y incurred for events where LSWP are used. The number of L SWP events performed by landlords and contractors in COFs was calculated using the approach described in detail in Section 4.4 of the Economic Anal ys is for the RRP rule (EPA 2008). The anal ys is described in Section 4.4Page 15 of 31

estimated the percentage of events (by event and facility

type ) performed by

landlords, contractor s, and by

the staff of COFs themselves , and the results are presented in Table 4
- 91 (EPA 2008). This IC R analysis applies the percentages in Table 4
- 91 to the numbers of LSWP events performed in each ty pe of COF (see Section 4.4 of Chapter 4 in EPA 2008) to estimate the number of events where contractors and landlords will need to distribute pamphlet(s) and obtain proof of pamphlet receipt prior to beginning renovation work. (A) Number of COF Landlord Firms and Events Landlords are required to comply wi th the p re - r enovation e ducation r ule during each LSWP event they

perform. Exhibit 6. 3 presents the number of lessor/manager firms renting space to COFs and the numbers of L SWP events performed by these firms each ye ar during the first three ye ars of the rule. There are 13,170 non
- residential property manager or lessor firms estimated to rent space to COFs annuall y during the reporting period , and they perform an average of 4,341 LSWP events per ye ar . Exhibit 6. 3 : Number of Non - Residential Property Manager Firms and LSWP Events They Perform Year 1 Year 2 Year 3 Average Number of Lessor/Manager Firms 13,224 13,170 13,116 13,170 Number of LSWP Events Performed 4,359 4,341 4,323 4,3 41 Source(s): Economic Analysis for the RRP rule (EPA 2008). (B) Number of COF Contractor Firms and Events The number of LSWP events performed b y contractors in public or commercial building COFs was estimated b y applying the percentages of all RRP ev ents performed by contractors in schools and daycare centers to the total number of L SWP events performed in these buildings in a given year. These estimates are based on the number of events calculated for the Economic Analysis for the RRP rule (EPA 2008 ). Section 4.4 of the Economic Analysis for the RRP rule (EPA 2008) presents the estimated percentages of RRP events, by event and facility

type, performed b y l andlords, contractors, and by the COFs themselves. Exhibit 6. 4 presents the number of events performed by contractors in the first, second, and third years of the rule in schools, in daycare centers that own their space and in daycare centers that rent their space. 3 Exhibit 6. 5 presents the number of contractor firms performing work in public or commercial building COFs, and the total number of those events. It is estimated that an annual average of 3,197 contractor firms will perform renovations in public or commercial building COFs that require L SWP
. These contractors will perform an annual average of 115,721 renovation events that require LSWP in public or commercial building COFs.
3 As discussed in detail in Sect ion 4.4 of the Economic Analysis for the RRP rule (EPA 2008), public schools, private schools with more than 100 students, landlords that rent space to daycare centers in public or commercial buildings, and daycare centers in religious or other non
-profit establishments are expected to perform all of their own painting and window /door proje cts, as well as one unscheduled maintenance event per building every year. Contractors are expected to perform all electric and plumbing/HVAC, as well as all remaining unscheduled maintenance projects in these COFs. Furthermore, contractors are expected to perform all RRP projects in private schools with less than 100 students, and in daycare centers that own their buildings.Page 16 of 31 Exhibit 6. 4 : Number of Contractor LSWP Events b y COF Type
Ty pe of COF Number of Events Performed by Contractors Year 1 Year 2 Year 3 Average Public and Private Schools a 93,561 93,178 92,795 93,178 Daycare Centers that Own their Space b 16,395 16,328 16,261 16,328 Sub

- total in Owner

- Occupied COFs 109,956 109,506 109,056 109,506 Daycare Centers that Rent their Space c 6,241 6,215 6,189 6,215 Sub

- total in COFs that Rent Space 6,241 6,215 6,189 6,215 Total Events 116,197 115,721 115,245 115,721 Notes: a. All schools are assumed to own their buildings. b. The number of events in daycare centers that own their space is calculated as the difference between the number of contractor events in all daycare centers and the number of events in daycare centers that rent their space. See Section 4.4 of th e Economic Analysis for the RRP rule (EPA 2008). c. The number of centers renting space was estimated using data from DOE’s Commercial Building Energy Consumption Survey (CBECS). HUD data we re used to determine the percentages of work being contracted out. See Section 4.4 of the Economic Analysis for the RRP rule (EPA 2008). Sources: Economic Analysis for the RRP rule (EPA 2008). Exhibit 6. 5 : Number of Non - Residential Contractor Firms and LSWP Events They Perform in COF s Year 1 Year 2 Year 3 Average Number of Contractor Firms 3,210 3,197 3,183 3,197 Number of LSWP Events Performed 116,197 115,721 115,245 115,721 Source(s): Economic Analysis for the RRP rule (EPA 2008). (C) Number of COF Renovation Events Perform ed In
-House by Daycare Centers and Schools In addition to events performed by landlords and contractors, daycare centers and schools are expected to perform some renovation events using in
- house staff. These entities are assumed to comply

with the rule by posting informational signs describing the general nature and locations of the project, the anticipated completion date, and a cop y of the lead safety pamphlet in a location accessible to parents and guardians. Exhibit 6. 6 presents the number of daycare centers and schools, and the number of in
- house events they perform. Exhibit 6. 6 : Number of Entities and Events for Daycare Centers and Schools Performing In - House Work Year 1 Yea r 2 Year 3 Average Number of Daycare Centers and Schools 26,062 25,954 25,847 25,954 Number of LSWP Events Performed 61,747 61,494 61,241 61,494 Source(s): Economic Analysis for the RRP rule (EPA 2008). Exhibit 6. 7 shows the three
- ye ar average annual number of respondents to the pre
renovation education requirements in public or commercial building COFs. Landlords and contractors working in public or commercial building COFs that own their buildings comprise a single category , as both must notify onl y the COF operator. Contractors working in COFs thatPage 17 of 31

rent their space constitute a second category , as they must notify

both the COF operator and the owner of the building. The same set of contractors performs wor k in both renter
- and owner
occupied COFs; therefore, the 3, 197 contractors performing work in renter COFs are included in both categories. Daycare centers and schools performing renovations using in
- house staff make up the third group, as they are onl y r equired to post informational signs (including the lead safety pamphlet) that are accessible to parents and guardians.

Exhibit 6. 7 : Average Annual Number of Pre - Renovation Education Respondents and

Responses for Renovation Wor k in COFs

Number of Sm all Respondents Number of

Respondents Number of

Responses Landlords working in renter COFs and Contractors working in owner COFs (Private Entities) 15,242 16,367 113,847 Contractors working in renter COFs (Private Entities) 3, 137 3,197 6,215 Daycare Centers and Schools Performing Own Renovations  Private Entities  State/Local Governments 18, 236 7,138 18, 236

7, 718 25,212

36,282 Sources: Economic Analysis for the RRP rule (EPA 2008). (D) Total Number of Respondents and Respo nses The total number of respondents and responses are shown in Exhibit 6. 8 and Exhibit 6. 9
. This represents a decrease in the estimated number of respondents and respon ses compared to the previously

approved IC R. 4 The reason for the decrease is that the approach for calculating the number of target housing renovation events has been updated to reflect a more recent methodology

which was used in the economic analysis of the 2008 RRP rule. 5 Exhibit 6. 8 : Total Respondents Type of Respondent Year 1 Year 2 Year 3 Average Contractors and rental property managers working in Target Housing 279,327 278,182 277,041 278,183 Landlords working in COFs 13,224 13,170 13,116 13,170 Contractors working in COFs 3,210 3,197 3,183 3,197 Daycare Centers and Schools Performing Own Renovations 26,062 25,954 25,847 25,954 Total 321,823 320,503 319,187 320,504

4 The previous ICR estimated that there woul d be 17,754,180 renovation events per year subject to 406(b) requirements. 5 Economic Analysis for the TSCA Lead Renovation, Repair, and Painting Program Final Rule for Target Housing and Child

- Occupied Facilities , U.S. Environmental Protection Agency, March 2008.Page 18 of 31 Exhibit 6. 9 : Total Responses Renovation Events Year 1 Year 2 Year 3 Average Target Housing 11,204,967 11,159,028 11,113,275 11,159,090 COFs

– Landlord Firms 4,359 4,341 4,323 4,341 COFs

– Contractor Firms 116,197 115,721 115,245 115,721 COFs

–Daycare Centers & Schools 61,747 61,494 61,241 61,494 Total 11,387,270 11,340,584 11,294,084 11,340,646 (iii) Respondent Burden Related to Pre
- Renovation Education The burden from the activities covered b y this ICR involves the time for preparing and providing the information needed to perform the disclosure activities in conjunction with the renovation of target housing, and public or commercial building COFs as specified b y the rule. In essence, this includes the following activities:

 Preparing written acknowledgm ent/certification ;  Preparing and delivering the pamphlet to individual owner
- occupants, owners of all rental units, and occupants of target housing rental units where an occupied unit is being renovated ;  Obtaining acknowledgment/certification of the delivered pamphlet ;  Preparing and posting the notification for common area activities, or for COFs ; and  Preparing a statement describing the steps performed to notify all occupants of common areas of the intended renovation
. Prior versions of the 406(b) I CR included start
- up burden for new respondents to read and learn the pre
- renovation information dissemination requirements. Because those requirements are now discussed as part of the certified renovator training (which was created after the previous version of this I CR was approved), the start
- up burden is no longer included in this ICR. (A) Target Housing Event Burden In this transaction, the renovator/manager must prepare the appropriate document, make sufficient copies, distribute the information, and obtain the acknowledgments or prepare a certification of the delivery failure. Since the burden per event is likely to vary greatly , dependent upon such highly variable factors as the method of delivery chosen, the frequency

of this activity

for the indiv idual manager or renovator, the number of events, experience , and individual efficiencies, EPA has attempted to make the anal ys is more straightforward by making some simplifying assumptions. The time estimates are based on conversations with renovation co ntractors, building trade groups, and rental property owners and managers. EPA assumed that a written acknowledgement will be prepared for 100% of the renovations in owner occupied target housing ( 5, 369,596 renovations ), and 25 % of the renovations in rental target housing taking place in occupied units ( or 1,4 47,374 renovation s ). In addition, a written acknowledgment will be prepared for 100% of the owners of rental target housing units ( 5,789,494 renovations ).Page 19 of 31

This analysis estimates the burden per event of preparing acknowledgement and certification forms, distributing pamphlets, and obtaining proof of pamphlet receipt based on the supporting statement for the previous version of this I CR

– EPA I CR No. 1669.05 (2008)

– with some modifications
. The current ICR estimates that contractors or landlords will need an average of two minutes to prepare a set of acknowledgement and certification forms; two minutes to photocopy

the pamphlet; and two minutes to deliver the pamphlet and obtain proof of pamphlet receipt from each individual involved
. The burden of preparing the lead hazard pamphlet is a new estimate that was not included as a separate line item in the previous ICR. The current ICR estimates that contractors or landlords will need five minute s to file all of the signed acknowledgement forms or mailing certificates. For renovation events in common areas, th e s e 5 minutes represent the burden for preparing, signing, and dating a statement of notification . (The previous I CR accounted for these two activities separately .) Common area renovations are discussed in more detail below. The renovator/manager is also required to distribute the pamphlet and obtain acknowledgments from all target housing owner occupants ( 5,369,596 ), all owners of rental housing units ( 5,789,494 ), and occupants of rental target housing units where occupied units are renovated ( 1,447,374 ). The pre
- renovation education requirements provide flexibility to the renovator/manager for their distribution of the pamphlet or notif ication. Since the renovator/manager will already visit the site on more than one occasion to complete the contract transaction, evaluate the site for estimation purposes, deliver material and the like, EPA believes personal delivery , i.e., distribution o f the pamphlet or notification, is likely to be combined with one of these other activities. Since the manager/renovator must obtain the acknowledgment from the recipient when the information is provided, or certify that the information was made available and acknowledgment was refused, this activity will also occur at this time. EPA estimates this transaction may take less than 1 minute, and no more than 4 minutes; EPA estimated the burden to be 2 minutes per event (0.033 hours) in order to calculate the total burden for the ICR. For the sake of simplicity, EPA calculated the burden for all written acknowledgments based on the time to prepare the document for the first event, although subsequent events will involve copying the document for distribution, which takes less time. Similarly , EPA assumed that 100 percent of the renovation activities in rental housing will involve the notification of the owner, even though in some cases the renovations will be conducted b y the rental owner’s staff. All of these assumptions are consistent with those used in the original RIA for this rule and with the previous ICR anal ys es. There will be some instances when the manager/renovator will need to provide a self
certification for failed deliveries , resulting in additi onal burden . EPA believes that the other assumptions in the analysis (including the simplifying assumptions described above) are sufficiently

conservative to offset any added burden associated with failed deliveries, so that no additional burden need be es timated to cover these circumstances. Consequently , the calculations in this analysis assume that all recipients will provide the acknowledgment. Renovation activities taking place in the common area also require the firm performing renovations to provide occupants with general information about the renovation project andPage 20 of 31

access to the lead hazard information pamphlet. In addition, the firm performing renovations must prepare a statement describing the steps performed to notify each occupant of the intended renovation. EPA assumes that all renovators working in common areas will post a single cop y of the pamphlet and a job
- specific information sheet. For this requirement, EPA is assuming a time estimate of five minutes per event to prepare and post the information and pamphlet. As described above, the time to prepare, sign, and file the statement of notification i s included in the five minutes attributed to fil ing the acknowledgment of pamphlet delivery to the owner of the affected property. Exhibit 6. 10 presents the per
- event burden associated with pre
- renovation education incurred b y contractors and landlords performing work in owner
- occupied and rental target housing units. Exhibit 6. 10 : Burden Estimates for Target Housing Renovations by Event and Task (in hours)

Activity Burden Hours by Type of Event Owner - Occupied Events Rental Events

–

Occupied Units Rental Events

– Vacant

Units & Common Area s Number of Activities per ev ent Burden per

event Number of

Activities per event Burden per

event Number of

Activities per event Burden per

event Photocopy

/Print P am

phlet 1 0.033 2 0.066 1 0.033 Preparing Acknowledgement Sheet 1 0.033 2 0.066 1 0.033 Distribution of Pamphlet to Owners/Occupants 1 0.033 2 0.066 1 0.033 Filing and Retaining Acknowledgement and Steps Taken for Common Area Notification 1 0.083 1 0.083 1 0.083 Other Activities for Common Area/Unoccupied Events Prepare/Post P amp hlet and Job
- Specific Information - - - - 1 0.083 Total 0.182 0.281 0.265 Note(s): Values rounded to 3 decimal places. The rule requires the firm performing renovations to prepare and distribute pamphlets to the ow ner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenant s of the rental properties (if occupied), or post a pamphlet in the case of common area rental events. This analysis may overestimate the time for vacant, single
- unit rental events, as it assumes a sign will be posted in these cases. Sources: Supporting Statement for Lead

-Based Paint Pre

-Renovation Information Dissemination

- TSCA Sec. 406(b) EPA ICR No. 1669.05 (2008) The recordkeeping b urden involves the time for meeting the pre - renovation education rule's recordkeeping requirements. The individual recordkeeping burden for renovation contractors and property

managers performing renovation work is based on the estimated total annual number of renovations performed, i.e., 11,159,091 , and the total amount of time spent in the recordkeeping activity (approximately five minutes per event for filing and retaining the acknowledgement form and if applicable, a statement of notification for common area activities ). Exhibit 6. 11 presents the total estimated burden incurred b y contractors and landlords in complying with the pre
- renovation education requirements of 406(b) in target housing . TotalPage 21 of 31

burden estimates represent the products of the total p er- event burden estimates in Exhibit 6. 10 with the corresponding total number of events.

Exhibit 6. 11 : Pre - Renovation Education Burden for Target Housing Renovations Total Burden Hours Year 1 Year 2 Year 3 Average Owner
- Occupied Units LSWP Events Performed

Annually 5,391,671 5,369,566 5,347,550 5,369,596 Hour Burden per Event 0.182 0.182 0.182 0.182 Total Burden Hours 981,284 977,261 973,254 977,266 Rental

– O ccupied Units LSWP Events Performed

Annually 1,453,324 1,447,366 1,441,431 1,447,374 Hour Burden per Event 0.281 0.281 0.281 0.281 Total Burden Hours 408,384 406,710 405,042 406,712 Rental

–Vacant Units and Common Areas LSWP Events Performed

Annually 4,359,972 4,342,0 9 6 4,324,294 4,342,121 Hour Burden per Event 0.265 0.265 0.265 0.265 Total Burden Hours 1,155,393 1,150,65 5 1,145,938 1,150,662 Total Burden Hours

– All Events 2,545,061 2,534,62 6 2,524,234 2,534,640 Sources: Economic Analysis for the 2008 RRP rule; Economic Analysis for the 2010 Opt
- out rule; Supporting Statement for Lead

-Based Paint Pre

-Renovation Information Dissemination

- TSCA Sec. 406(b), EPA ICR No. 1669.05 (2008)
. (B) Public or Commercial Building COF Events Burden The pre
- renovation educ ation burden on entities performing renovation work in public or commercial building COFs is similar to that for entities working in target housing. Landlords, as well as contractors working in COFs that own their own space, will need to prepare one set o f acknowledgement and certification forms, distribute the pamphlet to the COF owner onl y, and obtain proof that the pamphlet was provided to the COF owner. Contractors working in COFs that are renting space will need to prepare two sets of acknowledgement and certification fo rms (one for the building owner and the other for the COF owner), distribute the pamphlet to both individuals, and obtain proof that both individuals have received the pamphlet. This analysis estimates the burden per event of preparing acknowledgement and certification forms, distributing pamphlets, and obtaining proof of pamphlet receipt based on the supporting statement for the previous version of this I CR

– EPA I CR No. 1669.0 5 (2008) . ICR No. 1669.0 5 estimated contractors or landlords will need two minutes to prepare a set of acknowledgement and certification forms; two minutes to photocopy the pamphlet; two minutes to deliver the pamphlet and obtain proof of pamphlet receipt from each individual involved, and three minutes to fil e all of the signed acknowledgement forms or mailing certificates. In addition to those requirements, a renovation firm working in a COF is required to either distribute the pamphlet and general information on the renovation project to the parents or guardians of children using the facility , or post informational signs describing the general nature and locations of the project and the anticipated completion date. These signs must be posted in areas where they

can be seen by

the parents or guardians of the children frequenting the COF
. The signs must be accompanied b y a posted cop y of the lead hazard information pamphlet or information on how interested parents and guardians can review a copy of the pamphlet or obtain a cop y from the renovation firm at no cost to the parent or guardian. In addition, the firmPage 22 of 31

performing renovations must prepare a statement describing the steps performed to notify each occupant of the intended renovation. The time to prepare, sign, and file the statement of notification is included in the five minutes used to file the acknowledgment of pamphlet delivery to the owner of the COF. Exhibit 6. 12 presents the per
- event burden associated with pre
- renovation education incurred b y contractor s and landlords performing work in owner
- occupied and rental COFs
.

Exhibit 6. 12 : Per - Event Burden Estimates by Task (in hours) for COF Events

Activity Burden Hours by Type of Event Contractor Owner Occupied, or Landlord CO F Events Contactor Rental COF Events In - House COF Events Number of Activities per event Burden

per event Number of

Activities per event Burden

per event Number of

Activities per event Burden

per event Photocopy

/Print P am

phlet 1 0.033 2 0.066
- - Preparing Acknowledgement Sheet 1 0.033 2 0.066
- - Distribution of Pamphlet to Owners/Occupants 1 0.033 2 0.066
- - Filing and Retaining Acknowledgement and Steps to Notify Parents/Guardians 1 0.083 1 0.083 1 0.083 Other Activities when Notifying Parents/Guardians Prepare/Post P amp hlet and Job
- Specific Information 1 0.083 1 0.083 1 0.083 Total 0.265 0.364 0.166 Note(s): Values rounded to 3 decimal places. The rule requires the firm performing renovations to prepare and distribute pamphlets to the ow ner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenant of the rental property. In all cases, the firm performing renovations is assumed to post a pamphlet in the affected COF
. Sources: Su

pporting Statement for Lead

-Based Paint Pre

-Renovation Information Dissemination

- TSCA Sec. 406(b) EPA ICR No. 1669.05 (2008) The burden estimates in Exhibit 6. 12 are combined in Exhibit 6. 13 with the number of renovation events to estimate the total burden incurred b y contractors and landlords complying with the pre
- renovation education requirements of 406(b) in COFs
.Page 23 of 31 Exhibit 6. 13 : Pre - Re novation Education Burden for Renovations in COFs Respondent type Year 1 Year 2 Year 3 Average Contractor Owner
Occupied or Landlord COF Events LSWP Events Performed 114,315 113, 847 113,379 113,847

Burden Hours per Event 0.265 0.265 0.265 0.265 T otal Burden Hours 30,293 30,169 30,046 30,169 Contractor Rental COF Events LSWP Events Performed 6,241 6,215 6,189 6,215

Burden Hours per Event 0.364 0.364 0.364 0.364 Total Burden Hours 2,272 2,262 2,253 2,262 In
- House COF Events LSWP Events Performed 61,747 61,494 61,241 61,494

Burden Hours per Event 0.166 0.166 0.166 0.166 Total Burden Hours 10,250 10,208 10,166 10,208 Total Burden Hours

– All Events 42,815 42,639 42,465 42,639 Sources: Economic Analysis for the 2008 RRP rule; Supporting Statement for Lead

-Based Paint Pre

Renovation Information Dissemination

- TSCA Sec. 406(b), EPA ICR No. 1669.05 (2008)
. (C) Total Burden Hours Total burden hours are shown in Exhibit 6. 14
. Exhibit 6. 14 : Total Burden Hours Renovation Events Year 1 Year 2 Year 3 Average Target Housing 2,545,061 2,534,626 2,524,234 2,534,640 Contractor Owner
- Occupied or Landlord COF Events 30,293 30,169 30,046 30,169 Contractor Rental COF Events 2,272 2,262 2,253 2,262 In
- House COF Events 10,250 10,208 10,166 10,208 Total 2,587,876 2,577,265 2,566,699 2,577,280 6(b) Estimating Respondent Costs Respondent costs are estimated by combining burden estimates from the previous section with loade d wage rate, and adding in materials costs. The loaded hourl y wage rate for renovation contractors and property managers is estimated to be $ 45.81 per hour , based on wage data from the Bureau of Labor Statistics and assuming a 53 percent markup to account for fringe benefits and overhead
. 6

6 Certified renovators’ unloaded wage ($29. 94 /hour) is drawn from the 2009 full
- time mean hourly earnings annual data for First
- line Supervisors/managers of construction trades and extraction workers in the Bureau of Labor Statistics (BLS) National Compensation Survey: Occupational Wages in the United States, June 2010, Table 2
- 2 (Private industry, selected occupations, mean hourly earnings). According to 2009 BLS data for employer costs for em ployee com

pensation , wages and salaries accounted for 6 9.2% of employee compensation, implying a wage multiplier of 1.445 for fringe benefits
. An additional 8.3% was added to the employer cost multiplier to account for overhead
. This is b ased on the Appendix I of the National Association of Home Builders' 20 10 Cost of Doing Business Study, which reported a factor of 3.5% of sales price for indirect construction costs, and 4% for general and administrative costs. (The sum of 3.5% and 4% is 7.5%. Subtracting out the 10% that NAHB reports for profit, direct and indirect costs are 90% of sales price. Taking 7.5% of 90% yields a labor overhead rate of 8.3% of wages and salaries.) an additional Adding an 8.3% overhead factor to the 44.5 % fringe benefits factor results in wa s added to the em ployer cost multiplie r for overhead to estimate a multiplier of 1.53 for fully loading wages.
.Page 24 of 31

The costs associated with the pamphlet, the acknowledgment forms, the certification forms, and notification signs are all considered to be materials costs and are not included in the estimated burden and corresponding labor cost estimate. The “materials” costs consist of the cost for purchasing or duplicating the Lead Hazard Pamphlets, and the materials associated with the preparation of the acknowledgment form and notifications, as well as any certification forms. Certification forms are expected to be used infrequently , but there is no numerical information available on that frequency . The materials cost for certification forms is expected to be negligible in comparison to the cost of acknowledgment forms and therefore has not been separatel y estimated. In addition to the time needed to prepare acknowledgement forms and distribute the pamphlet, contractors and landlords will incur the costs of either photocopying or purchasing the renovation
- specific lead safety pamphlets. The Lead Hazard Pamphlets are 1 1 pages, printed single
- sided, black and white, and on standard paper . Based on per
-page photocopy costs, EPA estimates that a single pamphlet costs $ 1
. 1 0 to photocopy
. 7 Target Housing Event Costs EPA assume s that all owner
- occupied renovation events in target housing will require one cop y of the lead
- safety pamphlet for the owner/occupant. Rental housing renovation events taking place in occupied rental unit s will require two copies of the pamphlet: one for the property owner and a second for the current tenant. Rental housing renovation events taking place in vacant rental units will require one cop y of the pamphlet for the property owner. F or a renovation event taking place in the common area of a rental housing unit, EPA assumes firm performing renovation s will provide a cop y of the lead
- safety pamphlet to the property owner and post a second cop y s o that it is accessible to all occupants of the building. In addition, common area events would require th e firm performing renovations to post a sheet containing general information about the specific renovation event. It is assumed that for every renovation event there is one copy of the written acknowledgment. Firms performing renovation s are assumed to generate two document sets (one for the renovator and one for the occupant or owner), for a total of two copies, at approximately

$0.10 per page. For common area events, it is assumed firms performing renovation s will make one copy of the statement describing the steps taken to notify occupants. Exhibit 6. 15 presents the resulting pamphlet costs per event .

7 Represents a cost of $0.10 per page to email file for printing (personal communication with Staples, September 9, 2010).Page 25 of 31 Exhibit 6. 15 : Per - Event Materials Cost for Target Housing Renovations

Activity Materials Cost by Type of Activity

Owner - Occupied Events Rental Events

– Occupied Units Rental Events

–Vacant

Units & Common Area s Number of Copies per event Cost per

event Number of

Copies per event Cost per

event Number of

Copies per event Cost p er

event Lead Hazard Pamphlet 1 $1.10 2 $2.20 2 $2.20 Ac knowledgement Sheet 2 $0.20 4 $0.40 2 $0.20 Other Materials for Common Area/Unoccupied Events Job
- Specific Information Sheet - - - - 1 $0.10 Description of Notification Process (Sign Posting) - - - - 1 $0.10 Total $1.30 $2.60 $2. 6 0 Notes: The rule requires the firms performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphle ts to the tenant s of the rental properties (if occupied), or post a pamphlet and job
- specific information sheet in the case of common area rental events. It is assumed that the firm performing renovations will make two copies of each acknowledgement sheet
. This analysis may overestimate the cost for vacant, single
- unit rental events, as it assumes a sign will be posted in these cases. Sources: Personal communication with Staples, September 9, 2010 Exhibit 6. 16 p resents the estimated total costs of pre
- renovation education to contractors and property managers performing work in target housing. Contractors and landlords will incur time burden and material costs, presented in Exhibit 6. 10 and Exhibit 6. 15 , respectivel y. To estimate total labor costs associated with pre
- renovation education, the total burden estimates in Exhibit 6. 11 were multiplied by the loaded wage rate for renovation firms ($ 45.81 per hour). Total pamphlet costs were estimated b y multiplying the numbers of events in Exhibit 6. 11 by the corresponding per
- event pamphlet cost estimat es in Exhibit 6. 15 . The average cost of the rule for target housing events over the three ye ars of this I CR is estimated to be $ 138 million per ye ar .Page 26 of 31 Exhibit 6. 16 : Pre - Renovation Educ ation Costs for Renovations in Target Housing Year 1 Year 2 Year 3 Average Total Labor Cost Owner
- Occupied Units $44,952,620 $44,768,326 $44,584,766 $44,768,555 Rental

– O ccupied Units $18,708,071 $18,631,385 $18,554,974 $18,631,477 Rental

– Vacant Units and Common Areas $52,928,553 $52,711,506 $52,495,420 $52,711,826 Subtotal

– Labor Cost $116,589,244 $116,111,217 $115,635,160 $116,111,858 Total Material Cost Owner
- Occupied Units $7,009,172 $6,980,436 $6,951,815 $6,980,475 Rental

– O ccupied Units $3,778,642 $3,763,152 $3,747,721 $3,763,172 Rental

– Vacant Units and Common Areas $11,335,927 $11,289,450 $11,243,164 $11,289,515 Subtotal

– Material Cost $22,123,742 $22,033,037 $21,942,700 $22,033,162 Total Cost Owner
- Occupied Units $51,961,792 $ 51,748,762 $51,536,581 $51,749,030 Rental

– O ccupied Units $22,486,713 $22,394,537 $22,302,695 $22,394,649 Rental

– Vacant Units and Common Areas $64,264,481 $64,000,955 $63,738,584 $64,001,341 Total Cost $138,712,986 $138,144,254 $137,577,860 $138,145, 020 (ii) Public or Commercial Building COF Event Costs Landlords, as well as contractors working in COFs that own their own space, will need to prepare one set of acknowledgement and certification forms, distribute the pamphlet to the COF owner, and obt ain proof that the pamphlet was provided to the COF owner. Contractors working in COFs that are renting space will need to prepare two sets of acknowledgement and certification forms (one for the building owner, and the other for the COF owner), distribute the pamphlet to both individuals, and obtain proof that both individuals have received the pamphlet. In addition to the time needed to prepare acknowledgement forms and distribute the pamphlet, contractors and landlords will also incur the costs of either photocopying or purchasing the renovation
- specific lead safety pamphlets. Based on per
-page photocopy costs reported b y Staples, EPA estimates that a single pamphlet costs $ 1
. 1 0 to photocopy
. It is assumed that for every renovation event there is on e cop y of the written acknowledgment. Firms performing renovation s are assumed to generate two document sets (one for the firm performing renovations and one for the occupant or owner), for a total of two copies, at approximately

$0.10 each page. It is as sumed firms performing renovations will make one cop y of the statement describing the steps taken to notify parents and guardians of the renovation. Exhibit 6. 17 presents resulting per
- event pamphlet costs for COF events.Page 27 of 31 Exhibit 6. 17 : Per - Event Materials Cost for Renovations in Public or Commercial Building COFs

Activity Materials Cost by Type of Event

Contractor Owner Occupied COF Events Contractor Rental COF Events In - House COF Events Number of Copies Cost Number of Copies Cost Number of Copies Cost Lead Hazard Pamphlet 2 $2.20 3 $3.30 1 $1.10 Ac knowledgement Sheet 2 $0.20 4 $0.40
- - Other Materials when Notifying Parents/Guardians Job
- Specific Information Sheet 1 $0.10 1 $0.10 1 $0.10 Description of Notification Process (Sign Posting) 1 $0.10 1 $0.10 1 $0.10 Total $2.60 $3.90 $1.30 Notes: The rule requires the firms performing renovations to prepare and distribute pamphlets to the owner of the affected property. In addition, the firm performing renovations is required to distribute pamphlets to the tenant s of the rental properties . It is assumed that the firm performing renovations will make two copies of each acknowledgement sheet. In all cases, the firm performing renovations is assumed to post a pamphlet and job
specific information sheet in the affected COF
. Sources: Personal communication with Staples, September 9, 2010 Exhibit 6. 18 presents the estimated total costs of pre
- renovation education to contractors, property managers, and in
- house staff performing work in COFs . Contractors, landlords, and in
house staff will incur time burden and material costs, presented in Exhibit 6. 12 and Exhibit 6. 17 , respectivel y. To estimate total labor costs associated with pre
- renovation education, the total burden estimates in Exhibit 6. 13 were multiplied by the loaded wage rate for renovation firms ($ 45.81 per hour). Total pamphlet costs were estimated by multiplying the numbers of events in Exhibit 6. 13 by

the corresponding per
- event pamphlet cost estimates in Exhibit 6. 17 . The average cost of the rule for COF events over the three ye ars of this ICR is estimated to be $ 2.4 million per year .Page 28 of 31 Exhibit 6. 18 : Pre - Renovation Education Costs for Renov ations in Child Occupied Facilities Year 1 Year 2 Year 3 Average Total Labor Cost Landlords $52,911 $52,682 $52,498 $52,682 Contractors in Rental Units $104,080 $103,622 $103,210 $103,622 Contractors in Owner
- Occupied Units $1,334,812 $1,329,360 $1 ,323,909 $1,329,360 Daycare Centers and Schools, In
- House $469,553 $467,628 $465,704 $467,628 Subtotal

– Labor Cost $1,961,355 $1,953,293 $1,945,322 $1,953,293 Total Material Cost Landlords $11,333 $11,287 $11,240 $11,287 Contractors in Rental Units $ 24,340 $24,239 $24,137 $24,239 Contractors in Owner
- Occupied Units $285,886 $284,716 $283,546 $284,716 Daycare Centers and Schools, In
- House $80,271 $79,942 $79,613 $79,942 Subtotal

– Material Cost $401,830 $400,183 $398,536 $400,183 Total Cost Landlo rds $64,244 $63,968 $63,738 $63,968 Contractors in Rental Units $128,420 $127,861 $127,347 $127,861 Contractors in Owner
- Occupied Units $1,620,697 $1,614,076 $1,607,455 $1,614,076 Daycare Centers and Schools, In
- House $549,824 $547,571 $545,318 $547,571 Total Cost $2,363,185 $2,353,475 $2,343,857 $2,353,475 6(c) Estimating Agency Burden and Cost Not applicable. This is a third party notification rule. 6(d ) Bottom Line Burden Hours and Costs/Master Table Exhibit 6. 19 presents the total bottom line numbers for the ICR renewal. Exhibit 6. 20 presents three
- ye ar averages by typ e of respondent
. The total annual burden for this I CR is therefore 2,577,280 hours and th e total annual cost is an estimated $ 140,498,539
. Exhibit 6. 19 : BottomLine Burden and Costs

Year 1 Year 2 Year 3 Average Number of Respondents 321,823 320,503 319,187 320,504 Number of Responses 11,387,270 11,340,584 11,294,084 11,340,646 Total Burden Hours 2,587,876 2,577,265 2,566,699 2,577,280 Total Cost $141,076,171 $140,497,730 $139,921,717 $140,498,539Page 29 of 31 Exhibit 6. 20 : Respondent Summary, Three - Year Average Type of Respondent Numbe r of Sm all Respondents a Number of

Respondents a Responses per

Respondent Burden per

Response (hours) Annual

Burden 1. Contractors Working in Owner Occupied Target Housing (Private Firms ) 276,119 278,183 19.30239 0.182 977,267 2. Contractors Working in Occupied Target Housing Rental Unit s (Private Firms ) 276,119 278,183 5.20296 0.281 406,712 3. Contractors Working in Vacant Target Housing Rental Unit s and Common Areas (Private Firms ) 276,119 278,183 15.608870 0.265 1,150,662 4. Contractor Working in Owner
Occupied COFs or Landlord Working in Rental COFs (Private Firms ) 15,242 16,367 6.95589 0.265 30,169 5. Contractor Working in Rental COFs (Private Firms ) 3,137 3,197 1.944010 0.364 2,262 6. In
- House COF Events (Private Firms

– Schools &Daycare Centers ) 18,236 18,236 1.38255 0.166 4,185 7. In
- House COF Events ( Local Governments

– Schools ) 7,138 7,718 4.70093 0.166 6,023 Total 316,735 320,504 2,577,280 a The total number of respondents and small respondents is the sum of rows numbered 1, 4, 6, and 7, since the same contractors from these rows are included in other row s (e.g., the same 276,119 contractors are included in the rows numbered 1, 2, and 3). 6(e) Reasons for Changes in Burden This request reflects a net de crease of 545,206 hour s (from 3, 122 , 486 hours to 2,577, 280 hours) from the total respondent burden currentl y i n the OMB inventory . The primary reason for the decrease is a change in methodology for calculating the number of target housing renovation events to that used in the 2008 RRP rule analysis. This change reflects an adjustment rather than a program change. EPA estimates there will be an average of 11,340,646 responses per ye ar under this renewal ICR. This I CR renewal also incorporates changes to the per
- activity burden assumptions. These changes all reflect adjustments rather than program changes. Finally , this ICR includes burden and material cost estimates related to renovations taking place in public or commercial building COFs . The burden estimates for these entities relating to the pre
- renovation education requirements of the 2008 RRP rule were prev iousl y included in I CR 1715.10. This is also an adjustment rather than a program change. 6(f ) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070
- 0158, is estimated to be 0. 23 hours per response (i.e., 2,577, 280 burdenPage 30 of 31

hours for an estimated 11,340,646 responses). Burden is defined in 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection ins trument or form, if applicable. To comment on the Agency ’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID No. EPA
- HQ
- OPPT
- 2010
- 0911 . The docket is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EP A/DC). The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holidays. The t elephone number for the EPA/DC Public Reading Room is (202) 566
- 1744, and the telephone number for the Pollution Prevention and Toxics Docket is (202) 566
- 0280. An electronic version of the public docket is available through the Federal Docket Management System (FDMS) at www.regulations.gov. Use FDMS to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically . Once in the system, sel ect “search,” then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA
- HQ
- OPPT
- 2010
- 0911 and OMB control number 2070
- 0158 in any

correspondence.Page 31 of 31 ATTACHMENTS TO THE SUPPORTING STATEMENT Attachments to the supporting statement are available in the public docket established for this I CR under docket identification number EPA
- HQ
- OPPT
- 2007
- 0271. 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: 15 U.S.C. 2686 - Section 406 of the Toxic Substances Control Act
. Attachment 2: 40 CFR part 745, Subpart E - Residential Property Renovation
. Attachment 3: Lead Hazard Information Pamphlet (“ R enovate Righ t ”) . Also available

online at the EPA Website Attachment 4 : Record of Consultations with Potential ICR Respondents