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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 and Number of the Information Collection

Title: Lead-Based Paint Pre-Renovation Information 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 Agency (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 more 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 elderly 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 745, 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. This 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 providing the pamphlet to the owner and occupant and obtaining 

written acknowledgment, the firm performing the renovation must keep acknowledgment records 

on file for three years after completion of work.

The information distribution requirements found in 40 CFR part 745, subpart E, apply 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 ICR, EPA assumes that all 

activities associated with distribution of the lead hazard information pamphlet are undertaken by 

renovation firms.

This ICR 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 the 
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lead hazard information pamphlet prior to commencing renovations of target housing or childoccupied facilities for compensation. Section 6 estimates the annual time and cost burden to 

respondents in complying with these paperwork requirements.

Note that this ICR does not address time and cost burden to recipients of the lead hazard 

information pamphlet (i.e., owners and occupants of target housing or child-occupied facilities) 

because the pamphlet is originally supplied by the Federal government. Under 5 CFR 

1320.3(c)(2), “the public disclosure of information originally supplied by the Federal 

government to the [respondent] for the purpose of disclosure to the public is not included” as a 

“collection of information.” In addition, because the acknowledgment of receipt obtained by the 

firm performing the renovation only involves “that burden necessary to identify the respondent, 

the date, the respondent’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 paragraphs 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 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 CFR 745.324) that the 

components affected by 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 childoccupied facilities in which a certified renovator, using an EPA recognized test kit has tested 

each component 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/cm2or 0.5% by weight.

Information Distribution Requirements for Renovations in Dwelling Units

Under 40 CFR 745.84(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 procedures specified at 

section 745.84(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 comply with 

the procedures specified at section 745.84(a)(2)(i) or (ii).
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Information Distribution Requirements for Renovations in Common Areas

Under 40 CFR 745.84(b), no more than 60 days before beginning renovation activities in 

common areas of multi-unit target housing, a firm performing renovations must provide the 

owner of the multi-unit housing with the pamphlet, and comply with the procedures specified at 

section 745.84(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 planned renovation 

activities; the expected starting and ending dates; and a statement of how the occupant can obtain 

the pamphlet and a copy 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 copy of the pamphlet or obtain a copy from the renovation 

firm at no cost to occupants. The signs must also include information on how interested 

occupants 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. (Section 745.84(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 745.84(b)(3)). If the scope, locations, or expected starting and ending 

dates of the planned renovation activities change after the 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 firm performing the renovation initiates work beyond that which was 

described in the original notice (section 745.84(b)(4)).

Recordkeeping Requirements

Under 40 CFR 745.86(a), form performing renovations 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 or child-occupied facilities.

2. NEED FOR AND USE OF THE 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 owners 
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and occupants of target housing are provided information concerning potential hazards of leadbased 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 particularly 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. Information 

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 sometimes 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 section 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 ICR will be made available to the public for comment 

through a Federal Register notice. The public will have 60 days to provide comments. Any

comments received will be given consideration when completing the supporting statement that is 

submitted to OMB.

3(c) Consultations

Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR 

respondents and data users about specific aspects of ICRs before submitting an original or 

renewal ICR to OMB for review and approval. In accordance with this regulation, EPA will 

pursue additional consultations with interested parties during the development of the renewal of 

this collection.
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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 ICR involves 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:
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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 Contractors

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 Trade 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.
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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 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 CFR 745.324) that the 

components affected by 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 renovator 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 component 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/cm2or 0.5% by 

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 CFR 745.324) that the components affected by 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.

(ii) Respondent Activity:

 A firm performing renovations of target housing or child-occupied facilities for 

compensation may be exempt from the regulations in 40 CFR part 745, subpart E by 

obtaining copy of a determination made by a certified inspector that the components 

affected by 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 745.84(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 745.84(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 745.84(a)(2)(i) or (ii).
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(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 housing (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 745.84(a)(1)(i)); or

o Obtaining a certificate of mailing at least seven days prior to the renovation 

(section 745.84(a)(1)(ii)).

In addition, if the owner does not occupy 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 by:

o Obtaining, from the adult occupant, a written acknowledgment that the occupant 

has received the pamphlet (section 745.84(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 745.84(a)(2)(i)); or

o Obtaining a certificate of mailing at least seven days prior to the renovation 

(section 745.84(a)(2)(ii)).

Information Distribution Requirements for Renovations in Common Areas

Under 40 CFR 745.84(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 745.84(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 pamphlet 
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available upon request prior to the start of the renovation. Such notification shall be 

accomplished by distributing written notice to each affected unit (section 745.84(b)(2)). Finally, 

firm performing renovations 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 745.84(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 745.84(b)(1)(i)); or

o Obtaining a certificate of mailing at least seven days prior to the renovation 

(section 745.84(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 performed to notify all occupants 

of the intended renovation activities and to provide the pamphlet (section 745.84(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 745.84(b)(4)).
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Recordkeeping Requirements

Under 40 CFR 745.86(a), firms performing renovations 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 745.84(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 745.84(a)(2)(i) and 

(c)(1)(ii)(A);

 Certificates of mailing as described in sections 745.84(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 745.84(b)(3) and (b)(4) .

(ii) Respondent Activities:

Firms performing renovations 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 INFORMATION 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 of target housing and child-occupied facilities 
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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 Schedule

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 COLLECTION

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 requirements 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 ICR (EPA 

ICR No. 1669.05). The estimates of the number of entities subject to the rule’s requirements are 

based on information in 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 (EPA 2008), also referred to as the Economic Analysis 

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 ChildOccupied Facilities (EPA 2010), also referred to as the Economic Analysis for the Opt-out rule. 

6(a) Estimating Respondent Burden

This ICR 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 renovations, including property managers of 

rental housing or child-occupied facilities (COFs) doing their own renovations, 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 renovations, including
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owner/managers, 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 renovations, including owner/managers of rental 

housing or COFs doing their own renovations, must provide the owner/occupant with a 

copy of the pamphlet and document receipt of the pamphlet by having the 

owner/occupant sign the acknowledgment. In the case of the notification, firms 

performing renovations, including owner/managers, must provide notification for

renovation activities in common areas of multi-unit target housing or in COFs.

 Maintain Records – Firms performing renovations, including owner/managers of rental 

housing doing their own renovations, 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 only incurred for events where lead-safe work practices (LSWP) are used. 

The number of LSWP events performed was calculated using the approach described in detail in 

the cost chapters of the economic analyses for the RRP rule (EPA 2008) and the Opt-out rule

(EPA 2010). However, unlike the previous analysis, this ICR 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 

currently approved kits that have a false positive rate averaging 22 percent and those that have a 

63 percent average false positive rate. If EPA recognizes test kits that meet the false positive 

response criteria at 40 CFR 745.88 during the three year 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 ICR analysis may represent 

conservative estimates.

For the ICR burden analysis, 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 by adjusting the estimates in the previous economic analyses) 

by the total number of respondents.

Specific steps required to comply with the pre-renovation education requirements are 

affected by 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 staff. 

Therefore, the ICR burden analysis is calculated separately for each of these scenarios. The 

analysis begins by discussing the number of renovation events in target housing where prerenovation education is required, followed by a discussion of renovation events in COFs. 

(i) Events Taking Place in Target Housing

There are 278,183 respondents (i.e. renovators and rental property managers) estimated to 

work in target housing during the three year period covered by this ICR. This represents 167,669 

renovation firms and property managers estimated to work in target housing regulated by the 
Page 13 of 31

2008 RRP rule and an additional 110,514 renovation firms estimated to work in target housing 

regulated by the 2010 Opt-out rule.

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 only incurred for renovation events where LSWP are used. The number of 

LSWP events performed 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 

economic analyses for the RRP rule (EPA 2008) and the Opt-out rule (EPA 2010). 

This approach estimates an average of 905,610 LSWP renovation events in owneroccupied housing as a result of the 2008 RRP rule and 4,463,986 LSWP renovation events as a 

result of the 2010 Opt-out rule, for a total three-year average of 5,369,596 renovation events per 

year 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 shared by tenants in multi-unit

housing.1 Renovation events occurring in occupied rental units require firms performing 

renovations 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 take place in unoccupied units or common areas, these activities (prepare 

certification form, distribute pamphlet, and obtain acknowledgment) apply only to owners of the 

unit. For occupants affected by common area renovations, firms performing renovations are 

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 ICR analysis 

assumes property owners will post a single copy of the pamphlet in affected common areas, 

thereby making the information available to any interested 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 LSWP renovations per year in rental 

target housing, this results in an estimate that the notification provisions of the TSCA section 

406(b) rule will apply to 1,447,374 renovations per year in occupied rental units and 4,342,121

renovations per year in vacant units and in common areas. 

As shown in Exhibit 6.1, there is an average of 11,159,091 LSWP events 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 909,333 905,605 901,892 905,610

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

Vacant Units and Common Areas 4,359,972 4,342,096 4,324,294 4,342,121

Subtotal – Rental Events 5,813,296 5,789,462 5,765,725 5,789,495

Total Events 11,204,967 11,159,028 11,113,275 11,159,091

Sources: Economic Analysis for the 2008 RRP rule; Economic Analysis for the 2010 Opt-out rule

Exhibit 6.2 shows the three-year average annual number of respondents and number of 

responses by type for the pre-renovation education requirements in target housing.

Exhibit 6.2: Average Annual Number of Pre-Renovation Education Respondents 

and Responses for Renovation Work in Target Housing

Number of 

Small 

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 for the 

Opt-out rule (EPA 2010).

(ii) Events Taking Place in Public or Commercial Building COFs

In addition to the change in target housing renovation events, this ICR includes burden 

and material cost estimates related to renovations taking place in public or commercial building 

child-occupied facilities. The 2008 RRP rule extended the pre-renovation information 

dissemination requirements to renovation projects performed by contractors or landlords in 

public or commercial building COFs. (The burden estimates for these entities relating to the prerenovation education requirements of the 2008 RRP rule were previously included in ICR 

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 analysis 

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 pre-renovation education requirements do not apply to events where a test kit 

indicates that lead-based paint is not present, pre-renovation education costs are only incurred for 

events where LSWP are used. The number of LSWP events performed by landlords and 

contractors in COFs was calculated using the approach described in detail in Section 4.4 of the 

Economic Analysis for the RRP rule (EPA 2008). The analysis described in Section 4.4 
Page 15 of 31

estimated the percentage of events (by event and facility type) performed by landlords, 

contractors, and by the staff of COFs themselves, and the results are presented in Table 4-91

(EPA 2008). This ICR analysis applies the percentages in Table 4-91 to the numbers of LSWP 

events performed in each type 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 with the pre-renovation education rule during each 

LSWP event they perform. Exhibit 6.3 presents the number of lessor/manager firms renting 

space to COFs and the numbers of LSWP events performed by these firms each year during the

first three years of the rule. There are 13,170 non-residential property manager or lessor firms 

estimated to rent space to COFs annually during the reporting period, and they perform an 

average of 4,341 LSWP events per year. 

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 4,341

Source(s): Economic Analysis for the RRP rule (EPA 2008).

(B) Number of COF Contractor Firms and Events

The number of LSWP events performed by contractors in public or commercial building 

COFs was estimated by applying the percentages of all RRP events performed by contractors in 

schools and daycare centers to the total number of LSWP 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 by landlords, 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 LSWP. These contractors will perform an annual 

average of 115,721 renovation events that require LSWP in public or commercial building 

COFs. 

 

3As discussed in detail in Section 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 projects, 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 by COF Type

Type of COF

Number of Events Performed by Contractors

Year 1 Year 2 Year 3 Average

Public and Private Schoolsa93,561 93,178 92,795 93,178

Daycare Centers that Own their Spaceb16,395 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 Spacec6,241 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 the 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 were 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 COFs

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 Performed 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 copy 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 Year 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-year average annual number of respondents to the prerenovation 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 only the COF operator. Contractors working in COFs that 
Page 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 work in both renter- and owneroccupied 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 only required 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 Work in COFs

Number of 

Small 

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 Responses

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 responses compared to the 

previously approved ICR.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 would 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 by 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 by the rule. 

In essence, this includes the following activities:

 Preparing written acknowledgment/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) ICR 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 ICR 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 individual manager or renovator, the number of events, experience, and 

individual efficiencies, EPA has attempted to make the analysis more straightforward by making 

some simplifying assumptions. The time estimates are based on conversations with renovation 

contractors, 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 1,447,374 renovations). 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 ICR – EPA ICR 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 minutes to file all 

of the signed acknowledgement forms or mailing certificates. For renovation events in common 

areas, these 5 minutes represent the burden for preparing, signing, and dating a statement of 

notification. (The previous ICR 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 notification. 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 of 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 by 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 analyses.

There will be some instances when the manager/renovator will need to provide a selfcertification for failed deliveries, resulting in additional 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 estimated 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 and 
Page 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 copy 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 is included in the 

five minutes attributed to filing 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 by 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

Areas

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 Pamphlet 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 Pamphlet 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 owner of the affected 

property. In addition, the firm performing renovations is required to distribute pamphlets to the tenants 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 burden 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 by contractors and landlords in 

complying with the pre-renovation education requirements of 406(b) in target housing. Total 
Page 21 of 31

burden estimates represent the products of the total per-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 –

Occupied 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 4,342,096 4,324,294 4,342,121

Hour Burden per Event 0.265 0.265 0.265 0.265

Total Burden Hours 1,155,393 1,150,655 1,145,938 1,150,662

Total Burden Hours – All Events 2,545,061 2,534,626 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 education 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 of 

acknowledgement and certification forms, distribute the pamphlet to the COF owner only, 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 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. 

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 ICR – EPA ICR No. 1669.05 (2008). ICR 

No. 1669.05 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 file 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 by a posted copy of the lead hazard information pamphlet or 

information on how interested parents and guardians can review a copy of the pamphlet or obtain 

a copy from the renovation firm at no cost to the parent or guardian. In addition, the firm 
Page 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 by contractors 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 OwnerOccupied, or Landlord 

COF 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 Pamphlet 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 Pamphlet 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 owner 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: Supporting 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 by contractors and landlords complying 

with the pre-renovation education requirements of 406(b) in COFs. 
Page 23 of 31

Exhibit 6.13: Pre-Renovation Education Burden for Renovations in COFs

Respondent type Year 1 Year 2 Year 3 Average

Contractor OwnerOccupied 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

Total 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 PreRenovation 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 loaded wage rate, and adding in materials costs. The loaded hourly 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 

employee compensation, wages and salaries accounted for 69.2% 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 based on the Appendix I of the National Association of Home Builders' 2010 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 was added 

to the employer cost multiplier 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 separately 

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 11 pages, printed 

single-sided, black and white, and on standard paper. Based on per-page photocopy costs, EPA 

estimates that a single pamphlet costs $1.10 to photocopy.

7

 

Target Housing Event Costs

EPA assumes that all owner-occupied renovation events in target housing will require 

one copy of the lead-safety pamphlet for the owner/occupant. Rental housing renovation events 

taking place in occupied rental units 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 copy of the pamphlet for the property owner. For a 

renovation event taking place in the common area of a rental housing unit, EPA assumes firm 

performing renovations will provide a copy of the lead-safety pamphlet to the property owner 

and post a second copy so that it is accessible to all occupants of the building. In addition, 

common area events would require the 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 renovations 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 

renovations 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 Areas

Number of 

Copies

per event

Cost per 

event

Number of 

Copies per 

event

Cost per 

event

Number of 

Copies per 

event

Cost per 

event

Lead Hazard Pamphlet 1 $1.10 2 $2.20 2 $2.20

Acknowledgement 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 $2.60

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 tenants

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 presents 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, respectively. 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 by multiplying the numbers of events in Exhibit 6.11 by the 

corresponding per-event pamphlet cost estimates in Exhibit 6.15. The average cost of the rule 

for target housing events over the three years of this ICR is estimated to be $138 million per 

year.
Page 26 of 31

Exhibit 6.16: Pre-Renovation Education 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 – Occupied 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 – Occupied 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 – Occupied 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 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 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 by Staples, EPA estimates that a single pamphlet costs $1.10 to photocopy. 

It is assumed that for every renovation event there is one copy of the written 

acknowledgment. Firms performing renovations 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 assumed firms performing renovations will make 

one copy 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 OwnerOccupied COF EventsContractor 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

Acknowledgement 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 tenants

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 jobspecific 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 inhouse staff will incur time burden and material costs, presented in Exhibit 6.12 and Exhibit 6.17, 

respectively. 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 years of this ICR is estimated to be $2.4

million per year.
Page 28 of 31

Exhibit 6.18: Pre-Renovation Education Costs for Renovations 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

Landlords $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-year averages by type of respondent. The total annual burden for this ICR is 

therefore 2,577,280 hours and the total annual cost is an estimated $140,498,539. 

Exhibit 6.19: Bottom Line 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 $140,498,539
Page 29 of 31

Exhibit 6.20: Respondent Summary, Three-Year Average

Type of Respondent Number of 

Small 

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 

Units 

(Private Firms) 276,119 278,183 5.20296 0.281 406,712

3. Contractors Working in Vacant 

Target Housing Rental Units and 

Common Areas (Private Firms) 276,119 278,183 15.608870 0.265 1,150,662

4. Contractor Working in OwnerOccupied 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 rows (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 decrease of 545,206 hours (from 3,122,486 hours to 2,577,280

hours) from the total respondent burden currently in 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 year 

under this renewal ICR.

This ICR 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 previously 

included in ICR 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 burden 
Page 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 instrument or form, if applicable.

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID No. EPA-HQ-OPPT-2010-0911. The docket is available for public viewing at the 

Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC 

Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC 

Public Reading Room is (202) 566-1744, and the telephone number for the Pollution Prevention 

and Toxics Docket is (202) 566-0280. An electronic version of the public docket is available 

through the Federal Docket Management System (FDMS) at www.regulations.gov. Use FDMS 

to submit or view public comments, access the index listing of the contents of the public docket, 

and to access those documents in the public docket that are available electronically. Once in the 

system, select “search,” then key in the docket ID number identified above. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management and 

Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please 

include the EPA Docket ID No. EPA-HQ-OPPT-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 

ICR 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 (“Renovate Right”). Also available 

online at the EPA Website

Attachment 4: Record of Consultations with Potential ICR Respondents