September
30,
2004
Supporting
Statement
for
a
Request
for
OMB
Review
under
the
Paperwork
Reduction
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title:
Lead­
Based
Paint
Pre­
Renovation
Information
Dissemination
­
TSCA
Sec.
406(
b)

EPA
ICR
No.:
1669.04
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,
see
Attachment
1)
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
prior
to
commencing
the
renovation.
Target
housing
is
defined
as
any
housing
constructed
prior
to
1978,
except
housing
for
the
elderly
or
persons
with
disabilities
(
unless
any
child
who
is
less
than
six
years
of
age
resides
or
is
expected
to
reside
in
such
housing
for
the
elderly
or
persons
with
disabilities)
or
any
zero­
bedroom
dwelling
(
section
401(
17)
of
TSCA,
15
U.
S.
C.
2681).
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
performed
for
compensation,
except
as
otherwise
specified,
at
40
CFR
part
745,
subpart
E
(
see
Attachment
2).
Under
these
regulations,
renovators
must
provide
the
owner
and
occupant
of
any
residential
dwelling
unit
or
multi­
family
housing
with
a
lead
hazard
information
pamphlet
(
see
Attachment
3).
After
providing
the
pamphlet
to
the
owner
and
occupant
and
obtaining
written
acknowledgment,
the
renovator
must
keep
acknowledgment
records
on
file
for
three
years
after
completion
of
work.

The
regulations
at
40
CFR
part
745,
subpart
E,
apply
to
any
person
who
performs
renovations
at
target
housing
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
renovator
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
renovators.

This
ICR
examines
the
respondent
paperwork
requirements
and
associated
hour
and
cost
burden
of
the
regulations
at
40
CFR
part
745,
subpart
E.
Sections
1
through
5
of
the
ICR
describe
the
paperwork
requirements
associated
with
the
distribution
of
the
lead
hazard
information
pamphlet
prior
to
commencing
renovations
of
target
housing
for
compensation.
Section
6
estimates
the
annual
hour
and
cost
burden
to
respondents
in
complying
with
these
paperwork
requirements.
­
2
­
Note
that
this
ICR
does
not
address
hour
and
cost
burden
to
recipients
of
the
lead
hazard
information
pamphlet
(
i.
e.,
owners
and
occupants
of
target
housing)
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
renovator
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
is
not
considered
to
be
"
information"
under
5
CFR
1320.3(
h)(
1).

The
following
paragraphs
describe
the
activities
that
renovators
would
take
under
40
CFR
part
745,
subpart
E.

Exemption
from
Information
Distribution
Requirements
Under
40
CFR
745.82(
b),
renovators
performing
renovations
of
target
housing
for
compensation
are
not
subject
to
the
regulations
in
40
CFR
part
745,
subpart
E
if
the
renovation
activities
are
limited
to:
(
i)
minor
repair
and
maintenance
activities
(
including
minor
electrical
work
and
plumbing)
that
disrupt
two
square
feet
or
less
of
painted
surface
per
component;
(
ii)
emergency
renovation
operations;
or
(
iii)
renovations
in
target
housing
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.

Information
Distribution
Requirements
for
Renovations
in
Dwelling
Units
Under
40
CFR
745.85(
a),
no
more
than
60
days
before
beginning
renovation
activities
in
any
residential
dwelling
unit
of
target
housing,
a
renovator
must
provide
the
owner
of
the
dwelling
unit
with
a
lead
hazard
information
pamphlet,
and
must
comply
with
the
procedures
specified
at
section
745.85(
a)(
1)(
i)
or
(
ii).
In
addition,
if
the
owner
does
not
occupy
the
dwelling
unit,
the
renovator
must
provide
an
adult
occupant
of
the
unit
with
the
pamphlet,
and
comply
with
the
procedures
specified
at
section
745.85(
a)(
2)(
i)
or
(
ii).

Information
Distribution
Requirements
for
Renovations
in
Common
Areas
Under
40
CFR
745.85(
b),
no
more
than
60
days
before
beginning
renovation
activities
in
common
areas
of
multi­
family
housing,
a
renovator
must
provide
the
owner
of
the
multi­
family
housing
with
a
lead
hazard
information
pamphlet,
and
must
comply
with
the
procedures
specified
at
section
745.85(
b)(
1)(
i)
or
(
ii).

In
addition,
the
renovator
must
notify
in
writing,
or
ensure
written
notification
of,
each
­
3
­
affected
unit
of
the
multi­
family
housing
and
make
the
pamphlet
available
upon
request
prior
to
start
of
the
renovation.
Such
notification
must
be
accomplished
by
distributing
written
notice
to
each
affected
unit.
The
notice
must
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,
at
no
charge,
from
the
renovator
(
section
745.85(
b)(
2)).

The
renovator
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
745.85(
b)(
3)).
If
the
scope,
locations,
or
expected
starting
and
ending
dates
of
the
planned
renovation
activities
change
after
the
initial
notification,
the
renovator
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
renovator
initiates
work
beyond
that
which
was
described
in
the
original
notice
(
section
745.85(
b)(
4)).

Recordkeeping
Requirements
Under
40
CFR
745.86(
a),
renovators
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.

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
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
particularly
susceptible
to
the
hazards
of
lead.

2(
b)
Practical
Utility
and
Users
of
the
Data
Owners
and
occupants
of
target
housing
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
to
take
appropriate
precautions
to
avoid
exposure
to
lead­
contaminated
dust
and
lead­
based
paint
debris
that
are
sometimes
generated
during
renovations.
­
4
­
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
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
June
18,
2004
(
69
FR
20871,
April
19,
2004).
During
the
comment
period,
EPA
received
three
comments
from
the
following
individuals
and
groups,
as
discussed
below.
Copies
of
the
comments
appear
in
this
ICR
as
Attachment
4.

Margaret
M.
Gillig
CPM
Vice
President
Borger
Management
(
202)
898­
2923
mgillig@
borgermanagement.
com
Eileen
Lee
Vice
President
of
Environment
National
Apartment
Association/
National
Multi
Housing
Council
elee@
nmhc.
org
Joseph
M.
Ventrone
Managing
Director
Regulatory
and
Industry
Relations
Division
National
Association
of
Realtors
(
202)
383­
1000
Charles
A.
Achilles
Staff
Vice­
President
Legislation
and
Research
Institute
of
Real
Estate
Management
­
5
­
Ms.
Gillig
stated
that
Borger
Management
finds
this
regulation
very
burdensome.
She
outlined
her
company's
procedures
for
complying
with
this
regulation
when
they
receive
a
maintenance
work
request
from
a
tenant.
Only
managers
or
building
engineers
may
provide
notification
and
obtain
acknowledgments
from
tenants.
Hand
delivery
is
preferred,
so
two
delivery
attempts
are
made.
If
the
tenant
is
at
home,
the
tenant
often
complains
about
receiving
yet
another
lead­
based
paint
information
pamphlet.
If
the
tenant
is
not
at
home
on
the
second
attempt,
the
notification
and
pamphlet
are
left
and
the
manager
or
engineer
completes
an
affidavit
describing
the
delivery
attempts.
The
company's
lead
manager
reviews
all
affidavits.
Borger
Management
is
responsible
for
a
number
of
smaller
properties
that
do
not
have
resident
managers.
For
these
properties,
notifications
are
especially
burdensome
because
a
manager
or
engineer
must
make
a
special
trip.

Since
many
of
the
costs
mentioned
by
Ms.
Gillig
represent
activities
that
clearly
exceed
the
basic
requirements
of
this
regulation,
EPA
believes
that
these
costs
should
not
be
included
in
the
burden
estimates
for
this
ICR.
For
example,
the
rule
does
not
require
two
delivery
attempts,
the
notification
and
pamphlet
could
be
left
if
no
one
is
at
home
on
the
first
attempt.
Similarly,
although
it
may
be
good
customer
service
to
listen
to
tenant
complaints
about
multiple
notifications
and
pamphlets,
EPA
does
not
require
it.
In
addition,
Borger
Management
may
require
a
manager
or
building
engineer
to
make
a
special
notification
trip
to
properties
not
serviced
by
a
resident
manager,
but
EPA
believes
that,
in
nearly
all
cases,
notification
and
acknowledgment
or
certification
can
be
performed
while
a
representative
is
on
site
for
another
reason,
possibly
to
evaluate
the
tenant's
maintenance
request.
Therefore,
EPA
has
not
made
any
changes
to
its
burden
estimates
based
on
the
notification
procedures
outlined
in
Ms.
Gillig's
comments.

Ms.
Gillig
also
provided
an
example
of
a
situation
where
a
tenant
could
receive
up
to
three
notifications
with
pamphlets
in
a
very
short
period
of
time.
In
her
example,
a
plumbing
leak
in
a
specific
unit,
the
resident
manager
will
notify
the
resident
before
the
wall
is
opened
up
to
determine
the
cause
of
the
leak.
The
plumbing
contractor,
not
knowing
whether
the
hole
in
the
wall
will
need
to
be
enlarged,
or
whether
another
hole
will
need
to
be
made,
also
provides
notification
to
the
resident.
Finally,
the
painting
contractor
will
provide
notification
as
well,
just
in
case
more
wall
surface
must
be
disturbed
to
make
the
repair.
Assuming
the
project
is
large
enough
to
reach
the
two
square
foot
threshold
in
the
first
place,
only
one
notification
is
required,
no
matter
whether
the
plumbing
contractor
and
the
painting
contractor
each
disturb
an
additional
two
feet
or
not.
However,
in
this
example,
the
plumbing
contractor
and
the
painting
contractor
each
provide
notification,
possibly
because
they
do
not
want
to
assume
that
the
building
manager
will
perform
the
notification,
acknowledgment
and
recordkeeping
requirements
adequately.
Again,
the
regulations
do
not
require
three
notifications
in
this
situation,
so
EPA
has
not
made
any
changes
in
its
burden
estimates
based
on
this
example.

Ms.
Gillig
believes
that,
for
the
most
part,
her
tenants
are
very
well
informed
on
the
subject
of
lead­
based
paint,
and
multiple
notifications
throughout
the
year
will
reduce
the
effectiveness
of
this
informational
program.
In
addition,
tenants
do
not
like
the
fact
that
their
­
6
­
maintenance
requests
are
delayed
so
that
the
resident
managers
can
comply
with
the
notification
requirement.
Ms.
Gillig
suggests
that
an
annual
notification
would
be
sufficient
to
remind
tenants
of
the
dangers
of
lead­
based
paint,
while
significantly
reducing
the
burden
on
property
managers.
EPA
appreciates
this
suggestion
and,
if
amendments
to
these
regulations
are
considered
in
the
future,
EPA
will
evaluate
an
annual
notification
requirement.

Ms.
Lee's
primary
comment
is
that
EPA
has
significantly
underestimated
the
number
of
events
that
trigger
the
notification
requirement.
EPA's
economic
analysis
estimated
that
notification
would
be
required
for
0.23
events
per
year
per
occupied
unit,
while
Ms.
Lee
indicates
members
of
the
National
Apartment
Association/
National
Multi
Housing
Council
have
reported
that
they
are
distributing
notifications
and
pamphlets
three
to
five
times
per
year
per
occupied
unit.
Ms.
Lee
notes
that
EPA
clarifications
on
common
area
renovation
projects
have
significantly
reduced
the
number
of
notifications
distributed
by
NAA/
NMHC
members,
but
three
to
five
times
per
year
is
still
too
many.
Ms.
Lee
also
suggests
that
EPA
modify
the
regulation
to
permit
annual
notifications
to
tenants.
EPA
will
consider
an
annual
notification
requirement
if
amendments
to
the
regulations
are
undertaken
in
the
future.

Finally,
the
National
Association
of
Realtors/
Institute
of
Real
Estate
Management
(
NAR/
IREM)
commented
that
their
members
find
this
regulation
extremely
burdensome,
and
described
some
of
the
costs
involved.
Many
of
the
costs
identified
by
NAR/
IREM
are
already
reflected
in
EPA's
burden
estimates
for
this
ICR,
such
as
storage
and
distribution
of
the
pamphlet
and
obtaining
and
filing
signed
acknowledgments.
Other
costs
mentioned
by
NAR/
IREM
are
not
quantified
in
the
ICR
estimates
because
they
are
not
activities
required
by
the
rule.
For
example,
answering
questions
and
resolving
tenant
confusion
about
renovation
activities
are
part
of
good
building
management
and
are
not
directly
attributable
to
the
regulations.
Another
cost
mentioned
by
NAR/
IREM,
tracking
down
hard­
to­
find
tenants
to
obtain
their
signature,
is
not
required
by
the
rule.
As
discussed
above,
the
notification
and
pamphlet
can
be
left
for
the
tenant
on
the
first
delivery
attempt,
so
long
as
a
certification
of
attempted
delivery
is
made
and
filed.

In
the
written
comments
received
on
this
ICR,
and
during
the
telephone
consultations
described
below
in
Section
3(
c)
of
this
Supporting
Statement,
it
appears
that
property
owners
and
managers
may
not
be
taking
full
advantage
of
the
exception
for
small
maintenance
projects
that
disturb
less
than
two
square
feet
of
painted
surfaces,
or
the
Agency's
guidance
on
common
area
notifications.
The
respondents
providing
comments
on
this
ICR
appear
to
be
extremely
knowledgeable
on
the
scope
and
applicability
of
the
regulations.
EPA
believes
that
it
is
more
likely
that
these
particular
respondents
are
concerned
about
the
potential
for
inadvertent
violations
of
the
regulations,
and
are
thus
interpreting
their
regulatory
obligations
in
a
very
cautious
manner,
than
that
they
are
confused
by
the
requirements
of
the
rule.
The
letter
from
the
National
Association
of
Realtors
and
the
Institute
of
Real
Estate
Management
is
somewhat
explicit
about
this
concern
for
compliance,
stating
that
many
owners
and
managers
are
not
comfortable
trusting
their
renovation
contractors
to
perform
the
required
activities,
so
they
provide
the
notifications
and
obtain
the
acknowledgments
themselves.
However,
the
building
manager
has
no
obligation
to
provide
notification
if
the
only
persons
who
disturb
painted
surfaces
are
employees
of
the
­
7
­
renovation
contractor.

Similarly,
Ms.
Gillig's
comments
explicitly
mention
the
serious
penalties
that
can
be
imposed
for
noncompliance
with
the
regulations,
so
the
extensive
procedures
developed
by
Borger
Management
were
probably
designed
to
minimize
potential
violations.

EPA
appreciates
the
efforts
of
these
conscientious
respondents
to
comply
with
the
regulations.
While
EPA
understands
that
some
members
of
the
regulated
community
may
be
more
risk
averse
than
others,
and
take
more
precautions
to
avoid
violating
the
regulations
than
others,
EPA
does
not
believe
that
the
burdens
associated
with
such
precautions
are
fairly
attributable
to
the
regulation.
EPA
has
not
changed
its
burden
estimates
as
a
result
of
the
written
comments
received
during
the
comment
period.

3(
c)
Consultations
The
Agency
also
spoke
with
Ms.
Gillig
of
Borger
Management
and
four
other
stakeholders
by
telephone
to
obtain
additional
feedback
on
the
reporting
and
recordkeeping
requirements
of
this
rule.
The
four
additional
respondent
participants
were:

Renovation
Contractors:

Bob
Hanbury
House
of
Hanbury
Newington,
Connecticut
06111
(
860)
666­
1538
BobHanbury@
aol.
com
Stephen
Robinson
R.
E.
Construction
&
Maintenance
Services,
Inc.
New
Castle,
Indiana
47362
(
765)
533­
6413
reconst@
indy.
net
Property
Management:

Cheryl
Jensen
Lefrak
Co.
New
York,
NY
10022
(
718)
575­
4637
cjensen@
lefrak.
com
­
8
­
Tenant
Advocacy:

Mike
Foley
Cleveland
Tenants
Association
Cleveland,
Ohio
44114
(
216)
432­
0617
mfoley@
clevelandtenants.
org
Each
telephone
contact
was
asked
the
following
questions:

2.
Are
the
notification
and
acknowledgment
requirements
clear?
3.
Is
the
requirement
to
notify
no
more
than
60
days
in
advance
of
a
renovation
project
appropriate?
4.
Are
you
interested
in
electronic
notification
and/
or
recordkeeping
options?
5.
Are
the
recordkeeping
requirements
clear?
6.
How
much
time
does
notification
take?
7.
How
burdensome
is
it?
8.
Have
we
overlooked
any
costs?
9.
Do
you
have
any
other
comments?

The
five
respondents
indicated
that
the
regulatory
requirements
for
notification
and
acknowledgment
are
clear.
Mr.
Foley
indicated
that
most
of
the
tenants
his
organization
sees
are
not
aware
that
they
are
entitled
to
this
notification
and
many
landlords
are
not
complying
with
the
requirements,
especially
smaller
operations
that
may
not
be
aware
of
the
regulation.
Mr.
Robinson
stated
that
he
understands
the
requirements
because
he
is
an
active
member
of
the
National
Association
of
Home
Builders.
However,
he
believes
that
many
contractors,
especially
smaller
firms,
are
not
aware
of
this
regulation
because
they
do
not
belong
to
NAHB
or
another
trade
organization
and
there
is
a
great
deal
of
turnover
in
this
industry.

All
respondents
likewise
indicated
that
the
recordkeeping
requirements
are
clear,
although
Mr.
Foley
observed
that
most
tenants
do
not
know
that
their
landlords
are
supposed
to
keep
these
records.
Mr.
Robinson
again
noted
that
most
smaller
contractors
probably
are
not
aware
of
any
of
the
regulatory
requirements.
Mr.
Hanbury
stated
that
he
keeps
contracts,
including
the
leadbased
paint
notification
and
acknowledgment
attachments,
for
much
longer
than
the
three
years
required
by
this
regulation,
and
he
thinks
that
most
contractors
probably
do
the
same.
Ms.
Gillig
thought
that
the
three
year
requirement
accorded
with
standard
practice.
Ms.
Jensen
noted
that
recordkeeping
was
very
burdensome,
because
her
employer
contracts
with
a
company
specializing
in
records
management
to
maintain
the
records
required
by
this
regulation.

The
respondents
had
varying
opinions
on
the
appropriateness
of
the
60
day
advance
notification
period.
Mr.
Hanbury
and
Mr.
Robinson
stated
that
the
60
day
period
was
generally
appropriate,
and
they
had
no
trouble
complying
with
it,
but
renovation
contracts
are
occasionally
signed
more
than
60
days
before
the
date
the
work
is
to
begin.
Both
contractors
noted
that
the
­
9
­
most
convenient
time
for
them
to
provide
notification
is
during
the
contract
negotiation
process,
so
they
suggested
that
the
timing
of
the
notification
requirement
be
tied
to
the
signing
of
the
contract.
They
also
observed
that,
if
the
goal
of
this
regulation
is
consumer
protection,
the
contract
negotiation
process
is
the
best
time
to
discuss
lead­
safe
work
practices,
and
associated
costs,
because
the
consumer
is
still
in
a
position
to
make
decisions
about
who
does
the
work
and
how
it
is
accomplished.
EPA
values
this
suggestion
and
will
consider
it
if
a
decision
to
amend
the
regulation
is
made
in
the
future.

The
60­
day
advance
notification
period
presents
different
problems
for
the
building
managers.
Ms.
Gillig
and
Ms.
Jensen
each
thought
that
the
residents
of
the
buildings
they
manage
are
getting
too
many
notifications
and/
or
pamphlets,
they
both
said
that
tenants
are
beginning
to
complain
about
the
excessive
number
of
pamphlets
they
receive.
Ms.
Jensen
estimated
that
some
of
her
tenants
receive
notifications
and/
or
pamphlets
between
6
and
20
times
a
year.
Ms.
Gillig
noted
that
her
company
generally
inspects
its
rental
units
twice
a
year,
which
may
result
in
more
maintenance
projects
that
require
notification
than
other
properties
that
are
not
inspected
regularly.
Both
managers
feel
that
their
tenants
are
well­
informed
about
lead­
based
paint
hazards
during
renovation.
Ms.
Gillig
observed
that
the
notification
requirement
slows
down
management's
response
to
tenant
maintenance
requests,
and
landlord
responsiveness
is
a
consideration
in
a
tight
rental
market.
As
in
her
written
comments,
Ms.
Gillig
suggested
that
we
change
the
notification
requirement
to
an
annual
requirement,
while
Ms.
Jensen
suggested
that,
for
projects
in
common
areas
of
multi­
family
buildings,
we
consider
quarterly,
semi­
annual,
or
annual
notifications.

In
contrast,
Mr.
Foley
of
the
Cleveland
Tenants'
Association
does
not
want
to
see
any
changes
to
the
60­
day
notification
period.
He
believes
that
the
notification
requirement
is
not
particularly
burdensome
for
landlords
and
occasional
reminders
of
the
dangers
of
lead­
based
paint
help
increase
tenant
awareness.

EPA
appreciates
the
concerns
expressed
by
Ms.
Gillig
and
Ms.
Jensen,
as
well
as
the
position
taken
by
Mr.
Foley.
If
regulatory
amendments
are
evaluated
in
the
future,
EPA
will
consider
all
views
in
deciding
whether
to
alter
the
timing
of
the
notification
requirements.

None
of
the
respondents
objected
to
the
idea
of
electronic
notification,
but
Ms.
Gillig,
Ms.
Jensen,
and
Mr.
Foley
observed
that,
in
their
experience,
most
tenants
do
not
have
ready
access
to
e­
mail,
so
they
do
not
consider
it
a
viable
option
at
this
time.
Mr.
Hanbury
stated
that
his
company
primarily
uses
paper
contracts,
and
the
notification
is
included
as
an
attachment,
but
he
would
consider
using
an
electronic
notification
option
in
the
future
if
his
business
processes
change.
Mr.
Robinson
noted
that
he
e­
mails
approximately
half
of
his
contracts,
so
a
provision
for
electronic
notification,
with
an
electronic
receipt
for
recordkeeping
purposes,
would
be
useful
for
him.
Ms.
Jensen,
and
Mr.
Hanbury
said
they
might
consider
using
an
electronic
recordkeeping
option,
but
had
no
specific
suggestions
on
how
such
an
option
might
be
structured.
EPA
will
evaluate
electronic
options
if,
in
the
future,
amendments
to
the
regulation
are
considered.
­
10
­
With
respect
to
the
burden
imposed
by
the
regulation,
Mr.
Hanbury
noted
that
he
provides
notification
and
obtains
acknowledgment
during
the
contract
negotiation
and
signature
process,
so
it
takes
very
little
time
and
is
minimally
burdensome.
Mr.
Robinson
agreed
that
if
the
notification
and
acknowledgment
is
made
part
of
the
contracting
process,
it
takes
very
little
time.
If
it
must
be
accomplished
separately,
though,
it
takes
at
least
an
hour
to
deliver
the
pamphlet
and
discuss
it
with
the
owner,
and
it
could
take
up
to
three
hours
if
significant
travel
time
is
necessary.

Ms.
Gillig
stated
that
the
notification
and
acknowledgment
requirements
can
be
very
burdensome,
and
reviewed
Borger
Management's
procedures
for
providing
notification
and
obtaining
acknowledgment.
(
See
description
in
Section
3(
b)
above).
Generally,
the
resident
manager
hand­
delivers
the
notification
and
pamphlet.
Her
company's
policy
is
to
make
two
delivery
attempts,
if
the
resident
is
not
at
home
on
the
second
attempt,
the
notification
and
pamphlet
are
left
at
the
unit
and
the
resident
manager
certifies
the
attempted
deliveries.
For
properties
where
there
is
no
resident
manager,
someone
must
make
a
special
trip
to
the
property
for
the
delivery
attempts.
If
the
resident
is
at
home,
the
resident
often
wants
to
discuss
the
notification
and,
in
many
cases,
ask
why
yet
another
pamphlet
is
being
delivered.

Ms.
Jensen
handles
notification
differently,
because
it
is
difficult
to
catch
her
tenants
at
home.
If
the
project
is
not
an
emergency
project,
she
uses
first­
class
mail
to
deliver
the
notifications
and/
or
pamphlets,
and
she
always
obtains
a
proof
of
delivery.
Each
notification
costs
$
0.37
for
the
stamp
and
$
0.45
for
the
proof
of
delivery.
In
addition,
she
estimates
that
it
takes
one
day
to
prepare
the
notifications
for
two
buildings
and
get
them
mailed.

As
noted
in
response
to
the
written
comments
in
Section
3(
b)
of
this
Supporting
Statement
above,
EPA
believes
that
property
owners
and
managers
are
providing
notifications
in
situations
where
none
is
required
by
the
regulations,
or
following
more
procedures
than
necessary
to
ensure
compliance
with
the
regulations.
Ms.
Jensen's
method
of
using
first
class
mail
with
proof
of
delivery
for
notifications
may
also
be
an
example
of
this
excess
of
caution.
Unless
a
project
is
scheduled
to
take
place
inside
a
particular
unit,
acknowledgment
or
proof
of
delivery
is
not
required.
Notifications
to
tenants
regarding
common­
area
projects
can
be
as
simple
as
preparing
a
one­
page
document
that
describes
the
project
and
informs
tenants
how
to
obtain
a
copy
of
the
pamphlet,
depositing
a
copy
in
each
tenant's
mailbox
or
sliding
one
under
each
tenant's
door,
and
preparing,
signing
and
dating
a
description
of
the
steps
used
to
distribute
the
notification.
Since
the
mailing
costs
described
by
Ms.
Jensen
likely
go
beyond
the
requirements
of
the
regulation,
EPA
did
not
make
any
changes
to
its
burden
estimates
based
on
these
specific
comments.

In
addition,
Ms.
Jensen
may
have
provided
another
example
of
erring
on
the
side
of
caution
in
interpreting
the
regulations.
In
describing
why
tenants
receive
so
many
different
notifications
over
the
course
of
the
year,
Ms.
Jensen
mentioned
roof
work
as
a
potential
project
that
would
give
rise
to
notification.
The
Agency's
guidance
clearly
indicates
that,
if
a
project
area
can
be
sufficiently
sealed
by
permanent
or
temporary
physical
barriers
so
that
tenant
access
to
the
area
can
be
prevented,
and
debris
is
not
released
from
the
area,
notification
is
not
required.
­
11
­
Although
we
did
not
discuss
the
subject
with
Ms.
Jensen
in
detail,
it
seems
that
a
roof
project
would
generally
be
a
good
candidate
for
this
exclusion.
Again,
while
EPA
values
the
meticulous
approach
of
Ms.
Jensen's
employer
towards
compliance
with
the
regulations,
the
additional
costs
of
this
approach
should
not
be
reflected
in
EPA's
burden
estimates
for
this
ICR.

Mr.
Foley
observed
that
the
landlord
can
provide
notification
while
visiting
the
property
for
another
reason,
such
as
collecting
rent,
so
it
should
take
very
little
time
to
accomplish,
less
than
five
minutes
per
tenant.

When
asked
whether
there
were
any
other
costs
associated
with
the
notification
and
recordkeeping
requirements
of
this
regulation,
several
respondents
mentioned
the
cost
of
the
pamphlet
supply.
However,
this
cost
is
already
included
in
EPA's
burden
calculations.
EPA
estimated
that
each
pamphlet
would
cost
the
building
manager
or
renovation
contractor
$
0.34.
Ms.
Jensen
noted
that
she
has
the
pamphlet
printed
locally,
at
a
cost
of
$
0.10
per
pamphlet.

Mr.
Robinson
noted
that
EPA's
burden
estimates
do
not
include
travel
time
for
notifications
that
must
be
performed
outside
of
contract
negotiation
activities,
although
his
firm
generally
provides
the
notification
when
doing
other
contract­
related
paperwork
with
the
owner.
EPA's
analysis
assumes
that
firms
will
use
the
least
costly
method,
so
if
notification
cannot
be
combined
with
other
tasks,
the
firm
could
accomplish
this
by
mail.

The
time
it
takes
to
discuss
lead­
based
paint
issues
with
owners
or
tenants
was
mentioned
by
several
respondents
as
not
being
addressed
in
EPA's
burden
estimates.
Mr.
Robinson
and
Mr.
Hanbury
both
stated
that
they
spend
a
fair
bit
of
time
discussing
lead­
safe
work
practices
as
part
of
the
notification.
Ms.
Gillig
stated
that
her
resident
managers
seem
to
spend
a
lot
of
time
explaining
why
the
tenant
is
receiving
yet
another
copy
of
the
pamphlet.
EPA
has
estimated
that
it
takes
two
minutes
to
deliver
the
notification
and
obtain
acknowledgment
from
owners
and
tenants
(
for
renovation
activities
taking
place
in
their
units).
EPA
realizes
that
customer
service
is
an
important
consideration
for
both
property
managers
and
renovation
contractors,
and
it
is
good
business
practice
to
discuss
lead­
based
paint
issues,
including
lead­
safe
work
practices,
until
owners
and
tenants
are
satisfied.
However,
this
discussion,
although
prompted
by
the
regulatory
requirements,
is
not
a
regulatory
requirement
itself.
Therefore,
EPA
is
not
adjusting
its
burden
estimates
to
increase
the
amount
of
time
allocated
for
notification
and
acknowledgment.

Several
respondents
had
additional
miscellaneous
comments
on
this
regulation.
Mr.
Foley
noted
that,
while
information
dissemination
is
important,
his
real
concern
is
trying
to
enforce
good
work
practices
on
the
part
of
landlords
and
contractors.
EPA
agrees
that
good
work
practices
are
very
important,
and
believes
that
this
regulation
helps
to
give
consumers
the
tools
they
need
to
be
able
to
make
informed
choices
about
where
they
live
and
which
contractors
perform
their
renovation
and
remodeling
projects.

Mr.
Hanbury
stated
that
the
existing
pamphlet,
Protect
Your
Family
from
Lead
in
Your
Home,
is
not
particularly
interesting
to
his
customers
and
he
rarely
gets
any
questions
or
­
12
­
comments
about
the
information
presented
there.
He
would
prefer
a
publication
targeted
towards
renovation
work
that
also
makes
clear
that
the
primary
concern
is
for
children
under
6
and
women
of
child­
bearing
age.
He
also
believes
that
such
a
publication
should
offer
consumers
good
reasons
for
choosing
a
contractor
that
uses
lead­
safe
work
practices
over
a
contractor
that
doesn't.
EPA
is
currently
developing
a
new
pamphlet
specifically
for
this
regulation,
and
Mr.
Hanbury's
comments
will
be
considered
as
part
of
that
process.

In
summary,
EPA
appreciates
the
input
received
from
the
regulated
community
during
this
consultation
process,
but
EPA
has
not
adjusted
its
burden
estimates
as
a
result.
EPA
will
consider
the
suggestions
for
improving
the
regulation
itself
in
any
future
amendment
efforts.

Detailed
summaries
of
the
telephone
conversations
with
the
above
respondents
are
included
as
part
of
this
ICR
as
Attachment
5.

3(
d)
Effects
of
Less
Frequent
Collection
Regulations
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
In
general,
EPA
does
not
believe
that
respondents
will
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.

Under
40
CFR
745.84,
EPA
has
established
procedures
for
dealing
with
confidential
business
information.
Section
745.84(
a)
provides
that
those
who
assert
a
confidentiality
claim
for
submitted
information
must
provide
EPA
with
two
copies
of
their
submission.
The
first
copy
must
be
complete
and
contain
all
information
being
claimed
as
confidential.
The
second
copy
must
contain
only
information
not
claimed
as
confidential.
EPA
will
place
the
second
copy
of
the
submission
in
the
public
file.

In
addition,
section
745.84(
b)
establishes
that
EPA
will
disclose
information
subject
to
a
claim
of
confidentiality
only
to
the
extent
permitted
by
section
14
of
TSCA
and
40
CFR
part
2,
subpart
B.
If
a
person
does
not
assert
a
claim
of
confidentiality
for
information
at
the
time
it
is
submitted
to
EPA,
EPA
may
make
the
information
public
without
further
notice
to
that
person.
­
13
­
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:

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
NAICS
Code
Industrial
Sector
­
14
­
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
4(
b)
Information
Requested
In
the
following
paragraphs,
EPA
describes
the
paperwork
requirements
associated
with
the
distribution
of
the
lead
hazard
information
pamphlet.

Exemption
from
Information
Distribution
Requirements
Under
40
CFR
745.82(
b),
renovators
performing
renovations
of
target
housing
for
compensation
are
not
subject
to
the
regulations
in
40
CFR
part
745,
subpart
E
if
the
renovation
activities
are
limited
to:
(
i)
minor
repair
and
maintenance
activities
(
including
minor
electrical
work
and
plumbing)
that
disrupt
two
square
feet
or
less
of
painted
surface
per
component;
(
ii)
emergency
renovation
operations;
or
(
iii)
renovations
in
target
housing
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.

(
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
renovator
performing
renovations
of
target
housing
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.
­
15
­
Information
Distribution
Requirements
for
Renovation
in
Dwelling
Units
Under
40
CFR
745.85(
a),
no
more
than
60
days
before
beginning
renovation
activities
in
any
residential
dwelling
unit
of
target
housing,
a
renovator
must
provide
the
owner
of
the
dwelling
unit
with
a
lead
hazard
information
pamphlet,
and
must
comply
with
the
procedures
specified
at
section
745.85(
a)(
1)(
i)
or
(
ii).
In
addition,
if
the
owner
does
not
occupy
the
dwelling
unit,
the
renovator
must
provide
an
adult
occupant
of
the
unit
with
the
pamphlet,
and
comply
with
the
procedures
specified
at
section
745.85(
a)(
2)(
i)
or
(
ii).

(
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,
document
mailing
the
information).

(
ii)
Respondent
Activities:

A
renovator
planning
to
conduct
renovations
in
any
residential
dwelling
unit
must:


Prepare
acknowledgment
and
certification
forms;


Provide
the
owner
of
dwelling
unit
with
a
lead
hazard
information
pamphlet
and
obtain
proof
that
the
pamphlet
was
provided
to
the
owner
of
the
target
housing
by:

­­
Obtaining,
from
the
owner,
a
written
acknowledgment
that
the
owner
has
received
the
pamphlet
(
section
745.85(
a)(
1)(
i));
or
­­
Obtaining
a
certificate
of
mailing
at
least
seven
days
prior
to
the
renovation
(
section
745.85(
a)(
1)(
ii)).

In
addition,
if
the
owner
does
not
occupy
the
dwelling
unit,
the
renovator
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:

­­
Obtaining,
from
the
adult
occupant,
a
written
acknowledgment
that
the
occupant
has
received
the
pamphlet
(
section
745.85(
a)(
2)(
i));
or
­­
Certifying
in
writing
that
a
pamphlet
has
been
delivered
to
the
dwelling
and
that
the
renovator
has
been
unsuccessful
in
obtaining
a
written
­
16
­
acknowledgment
from
an
adult
occupant
(
section
745.85(
a)(
2)(
i));
or
­­
Obtaining
a
certificate
of
mailing
at
least
seven
days
prior
to
the
renovation
(
section
745.85(
a)(
2)(
ii)).

Information
Distribution
Requirements
for
Renovations
in
Common
Areas
Under
40
CFR
745.85(
b),
no
more
than
60
days
before
beginning
renovation
activities
in
common
areas
of
multi­
family
housing,
a
renovator
must
provide
the
owner
of
the
multi­
family
housing
with
a
lead
hazard
information
pamphlet,
and
must
comply
with
the
procedures
specified
at
section
745.85(
b)(
1)(
i)
or
(
ii).
In
addition,
the
renovator
must
notify
in
writing,
or
ensure
written
notification
of,
each
affected
unit
of
the
multi­
family
housing
and
make
the
pamphlet
available
upon
request
prior
to
start
of
the
renovation.
Such
notification
must
be
accomplished
by
distributing
written
notice
to
each
affected
unit
(
section
745.85(
b)(
2)).
Finally,
renovators
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
745.85(
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
renovator;
and

Statement
describing
the
steps
performed
to
notify
all
occupants
of
the
intended
renovation
activities
and
to
provide
the
pamphlet.

(
ii)
Respondent
Activities:

A
renovator
planning
to
conduct
renovations
in
common
areas
of
multi­
family
housing
must:


Prepare
acknowledgment
and
certification
forms;


Provide
the
owner
of
multi­
family
housing
unit
with
a
lead
hazard
information
pamphlet
and
obtain
proof
that
the
pamphlet
was
provided
to
the
owner
of
the
target
housing
by:

­­
Obtaining,
from
the
owner,
a
written
acknowledgment
that
the
owner
has
received
the
pamphlet
(
section
745.85(
b)(
1)(
i));
or
­­
Obtaining
a
certificate
of
mailing
at
least
seven
days
prior
to
the
renovation
(
section
745.85(
b)(
1)(
ii));
­
17
­

Notify
in
writing,
or
ensure
written
notification
of,
each
unit
of
the
multi­
family
housing
and
make
the
pamphlet
available
upon
request
prior
to
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
745.85(
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
745.85(
b)(
4)).

Recordkeeping
Requirements
Under
40
CFR
745.86(
a),
renovators
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
leadbased
paint
is
not
present
in
the
area
affected
by
the
renovation,
as
described
in
section
745.82(
b)(
3)
[
section
745.86(
b)(
1)];


Signed
and
dated
acknowledgments
of
receipt
as
described
in
sections
745.85(
a)(
1)(
i),
(
a)(
2)(
i),
and
(
b)(
1)(
i)
[
section
745.86(
b)(
2)];


Certifications
of
attempted
delivery
as
described
in
section
745.85(
a)(
1)(
i)
[
section
745.86(
b)(
3)];


Certificates
of
mailing
as
described
in
sections
745.85(
a)(
1)(
ii),
(
a)(
2)(
ii),
and
(
b)(
1)(
ii)
[
section
745.86(
b)(
4)];
and

Records
of
notification
activities
performed
regarding
common
area
renovations,
as
described
in
sections
745.85(
b)(
3)
and
(
4)
[
section
745.86(
b)(
5)].
­
18
­
(
ii)
Respondent
Activities:

Renovators
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
activities
in
target
housing.

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
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
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
business
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
Regulations
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
6(
a)
Estimating
Respondent
Burden
and
Costs
The
overall
cost
analysis
for
this
rule
was
presented
in
a
Regulatory
Impact
Analysis
1
U.
S.
Bureau
of
Labor
Statistics,
2003.
Occupational
Employment
Statistics,
National
Cross­
Industry
series
http://
www.
bls.
gov/
oes/
home.
htm.
The
Specialty
Trade
Contractors
included
were
carpenters,
carpet
installers,
drywall
workers
and
lathers,
glaziers,
insulation
workers,
painters
and
paperhangers,
plasterers,
and
plumbers.

­
19
­
(
RIA),
which
is
available
in
the
docket
for
the
final
rule.
The
current
burden
and
costs
estimates
related
to
the
information
collection
components
of
the
final
rule
are
based
on
the
estimates
presented
in
the
RIA
and
updated
using
the
most
recent
data
available.
For
the
ICR
burden
analysis,
individual
respondent
times
(
burden
hours)
for
a
given
activity
were
estimated
from
the
total
number
of
annual
burden
hours
in
that
activity
(
based
on
total
events
or
total
persons
affected
as
reported
in
the
regulatory
analysis)
divided
by
the
estimated
total
number
of
respondents
that
would
potentially
be
affected
by
the
final
rule.

This
ICR
presents
the
estimated
annual
burden
and
associated
annual
costs
for
the
following
information
collection
components
of
the
final
rule:


Start­
up
­
Renovator
and
Owner/
Managers
of
Rental
Housing
doing
their
own
renovation,
must
read
and
learn
the
new
requirements.
However,
since
renovators
and
rental
property
have
already
encountered
this
burden,
start­
up
costs
in
this
ICR
are
only
calculated
for
new
entrants
to
the
market
to
read
and
learn
the
requirements.


Prepare
Information
­
Renovators
and
Owner/
Managers
of
Rental
Housing
doing
their
own
renovation,
must
obtain
the
required
pamphlet,
prepare
the
written
acknowledgment,
and
prepare
the
required
notification
to
tenants
of
renovation
activities
in
the
common
areas
of
multi­
unit
target
housing.
Renovators
and
Owners/
Managers
are
also
required
to
prepare,
sign,
and
date
a
statement
describing
the
steps
performed
to
notify
occupants
of
the
intended
common
area
renovation
activities.


Provide
Information
­
Renovators
and
Owner/
Managers
of
Rental
Housing
doing
their
own
renovation,
must
provide
the
owner/
occupant
with
a
copy
of
the
pamphlet,
and
document
receipt
by
having
the
owner/
occupant
sign
the
receipt/
acknowledgment.
In
the
case
of
the
notification,
Renovators
and
Owner/
Managers
of
Rental
Housing
doing
their
own
renovation,
must
provide
notification
to
tenants
of
renovation
activities
in
common
areas
of
multi­
unit
target
housing.


Maintain
Records
­
Renovators
and
Owner/
Managers
of
Rental
Housings
doing
their
own
renovation,
must
retain
the
documentation
of
distribution,
e.
g.,
acknowledgment
by
owner/
occupant.

The
estimated
number
of
renovators,
as
well
as
the
number
of
new
entrants
to
the
occupation
in
future
years,
is
based
on
the
number
of
Construction
Contractors
and
Managers
and
the
total
of
a
selected
list
of
Specialty
Trade
Contractors
listed
in
Bureau
of
Labor
Statistics
(
BLS)
data
for
the
year
20021.
In
2002,
there
were
a
total
of
2,295,000
employees
in
these
2
In
tabulating
the
numbers,
EPA
rounded
the
number
of
employees
in
each
category
to
the
nearest
thousand.

3
U.
S.
Bureau
of
Labor
Statistics,
2003.
Occupational
Employment
Statistics,
National
Cross­
Industry
series
http://
www.
bls.
gov/
oes/
home.
htm.

4
In
the
previous
ICR,
the
number
of
respondents
was
estimated
to
be
3,046,000.
The
reduction
in
the
number
of
respondents
is
primarily
attributable
to
a
reduced
estimate
for
the
number
of
Property
and
Real
Estate
Managers.
More
recent
BLS
data
have
provided
a
more
accurate
breakdown
of
this
category.

5
U.
S.
Census
Bureau,
Residential
Improvements
and
Repair
Statistics,
2002,
Construction
Report
series,
http://
www.
census.
gov/
const/
www/
c50index.
html
­
20
­
categories2.
The
number
of
new
entrants
was
calculated
by
using
the
BLS
data
on
occupational
projections.
BLS
provides
a
projected
percentage
increase
in
employment
from
2000­
2010
for
each
labor
category.
EPA
divided
the
percentage
for
each
labor
category
(
to
approximate
an
annual
percentage)
and
applied
the
annual
percentage
to
the
number
of
employees
in
2002.
This
resulted
in
an
estimated
27,000
new
entrants
for
the
renovation
category.

The
number
of
rental
property
managers
and,
as
well,
the
annual
number
of
new
entrants
are
also
taken
from
BLS
data
for
the
occupational
category,
Property
and
Real
Estate
Managers3.
BLS
estimates
that
in
2002
there
were
156,000
people
employed
in
this
occupation.
The
number
of
new
entrants
was
estimated
in
the
same
way
as
was
done
for
renovators
and
resulted
in
4,000
new
entrants.

The
total
number
of
respondents,
i.
e.,
renovators
and
rental
property
managers,
including
new
entrants,
estimated
for
this
ICR
is
2,482,0004.
This
is
the
total
of
current
renovators
(
2,295,000),
new
entrants
to
renovation
(
27,000),
current
property
managers
(
156,000),
and
new
entrants
to
property
management
(
4,000).

The
annual
number
of
renovation
events
in
owner­
occupied
target
housing
is
estimated
to
be
11,584,202
units.
This
number
is
estimated
from
the
pre­
1979
owner­
occupied
units
less
the
zero
bedroom
units
not
subject
to
the
rule
(
American
Housing
Survey
data,
HUD,
1997),
and
the
estimated
annual
number
of
paid
renovation
events
per
year
per
unit
of
housing
(
estimated
by
dividing
total
dollar
outlays
for
2002
renovation
events
subject
to
regulation5
by
unit
costs
for
renovation
activities
[
obtained
from
the
National
Association
of
Home
Builders
publication
Profile
of
the
Remodeler
1992
and
inflated
to
2002
dollar
values]).
The
annual
number
of
renovation
events
in
rental
target
housing,
which
is
estimated
to
be
6,055,048
units,
is
based
on
the
total
pre­
1979
rental
units
less
zero­
bedroom
units
not
subject
to
the
rule
(
American
Housing
Survey
data,
HUD,
1997),
and
the
estimated
annual
number
of
paid
renovation
events
per
year
per
unit
of
housing
(
estimated
using
same
sources
cited
above
for
owner­
occupied
housing).
Table
1
provides
details
on
both
of
these
calculations.
­
21
­

Table
1.
Estimated
Number
of
Renovation
Events
Activity
Expenditures
($
millions)
[
a]
Unit
Cost
[
b]
Estimated
Number
of
Events
[
c]

Maintenance
and
Repair
Improvements
TOTAL
Maintenance
and
Repair
Improvements
Maintenance
and
Repair
Improvements
TOTAL
Owner
Occupied
Heating
and
Central
AC
[
d]
$
4,050
$
4,050
[
d]
$
2,552
[
d]
1,586,993
1,586,993
Plumbing
[
d]
$
1,655
$
1,655
[
d]
$
6,260
[
d]
264,298
264,298
Painting
$
5,139
[
d]
$
5,139
$
2,880
[
d]
1,784,503
[
d]
1,784,503
Siding
$
78
$
1,520
$
1,598
$
3,068
$
6,855
25,543
221,748
247,291
Interior
Restructuring
[
d]
$
2,424
$
2,424
[
d]
$
9,632
[
d]
251,671
251,671
Other
$
5,744
$
16,399
$
22,143
$
2,142
$
3,440
2,681,891
4,767,553
7,449,444
Total
$
10,962
$
26,048
$
37,009
­
­
4,491,938
7,092,264
11,584,202
Rental
Properties
Heating
and
Central
AC
[
d]
$
1,923
$
1,923
[
d]
$
2,552
[
d]
753,669
753,669
Plumbing
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]

Painting
$
5,082
[
d]
$
5,082
$
2,880
[
d]
1,764,559
[
d]
1,764,559
Siding
$
642
$
439
$
1,081
$
3,068
$
6,855
209,205
64,032
273,237
Interior
Restructuring
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]
[
d]

Other
$
3,573
$
5,487
$
9,060
$
2,142
$
3,440
1,668,436
1,595,148
3,263,583
Total
$
9,297
$
7,849
$
17,146
­
­
3,642,200
2,412,848
6,055,048
[
a]
Expenditures
are
calculated
from
the
Census
Bureau's
Residential
Improvements
and
Repair
Statistics,
2002.
The
numbers
that
appear
in
this
table
reflect
expenditures
that
estimated
to
occur
in
target
housing.
To
derive
the
level
of
expenditure
that
occurs
in
target
housing,
EPA
multiplied
the
amount
estimated
by
Census
by
68
percent
for
owner­
occupied
and
72
percent
for
rental
properties.
These
percentages,
in
turn,
reflect
the
percentage
of
all
residences
that
were
(
a)
built
before
1979
and
(
b)
that
are
not
zero­
bedroom
residences
with
no
children.
The
percentages
of
pre­
1979
residences
that
are
not
zero­
bedroom
residences
with
no
children
were
assumed
to
be
99.8
percent
for
owner­
occupied
and
96.1
percent
for
rental
properties.

[
b]
Unit
costs
were
provided
by
the
National
Association
of
Home
Builders
(
NAHB)
for
a
previous
version
of
this
ICR.
Unit
costs
were
updated
to
2002
dollars
(
to
be
consistent
with
the
expenditure
data)
using
the
consumer
price
index
for
housing.
The
original
costs
from
NAHB
were
in
1992
dollars.
The
inflation
adjustment
was
a
factor
of
1.2141.
­
22
­

[
c]
The
estimated
number
of
event
was
calculated
by
dividing
the
expenditures
by
unit
costs.

[
d]
These
activities
in
these
categories
(
i.
e.,
maintenance
and
repair,
improvements)
were
determined
to
be
out
of
scope
for
this
ICR.
6
The
previous
ICR
used
an
hourly
wage
for
the
Finance,
Insurance,
and
Real
Estate
sectors
combined.
This
ICR
uses
just
the
rate
for
Real
Estate,
resulting
in
a
lower
hourly
rate.

7
Data
extracted
from
BLS
Current
Employment
Statistics
Data,
http://
www.
bls.
gov/
ces/
home.
htm,
January
12,
2004.

­
23
­
Obviously,
not
all
renovation
contractors
or
owner/
managers
of
rental
housing
will
be
initiating
a
renovation
activity
that
is
covered
by
this
rule
each
year,
nor
will
all
of
the
target
housing
or
rental
properties
that
are
subject
to
the
rule
have
renovation
activities
initiated
each
year.
At
this
time,
however,
it
is
not
possible
to
determine
how
many
renovation
activities
will
occur
each
year,
or
how
many
of
those
will
be
subject
to
this
rule.
EPA
believes
that
it
is
reasonable
to
assume
that
100%
of
the
units
involved
in
renovation
activities
in
target
housing
will
be
required
to
take
an
action
in
accordance
with
the
final
rule,
and
that
the
action
taken
for
each
event
involves
the
personal
delivery
by
renovators
and
owners/
managers
of
a
notification
or
pamphlet
directly
to
the
tenant/
occupant,
the
obtaining
of
a
acknowledgment/
receipt,
and
recordkeeping.
As
such,
it
is
not
necessary
to
include
separate
burden
or
cost
estimates
for
the
alternate
delivery
methods,
which
are
already
captured
by
the
burden
estimate
provided
by
the
assumed
100%
compliance
with
personal
delivery.

The
required
activity
differs
for
renovation
activities
in
rental
housing
between
activities
involving
the
individual
unit
and
activities
involving
the
common
areas.
Renovation
events
occurring
in
individual
rental
units
require
renovators
to
prepare
written
acknowledgments
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
common
areas
these
activities
(
prepare
written
acknowledgment,
distribute
pamphlet,
obtain
acknowledgment)
apply
only
to
owners
of
the
unit.
For
occupants
affected
by
common
area
renovations,
renovators
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
renovator
must
also
document
this
disclosure
activity
by
preparing
a
written
statement
describing
the
steps
performed
to
notify
all
occupants
of
the
intended
renovation
activities.
In
this
ICR
costs
for
providing
pamphlets
to
tenants
affected
by
common
area
renovations
are
not
included
because
property
owners
will
likely
post
copies
of
the
pamphlet
in
common
areas,
thereby
making
them
available
to
any
interested
tenants.
For
individual
units,
the
RIA
indicates
that
the
majority
of
renovation
activities
involving
the
individual
unit
actually
occur
between
tenants
and
while
the
unit
is
vacant.
As
such,
EPA
estimates
that
only
approximately
one
fourth
of
the
rental
property
renovations
will
occur
in
the
individual
unit
while
it
is
occupied
(
1,513,762
units).

Estimates
for
time
requirements
incurred
by
respondents
in
complying
with
the
various
activities
are
based
on
conversations
with
renovation
contractors,
building
trades
groups,
and
rental
property
owners
and
managers.
The
costs
of
time
for
renovation
contractors
(
which
is
$
33.21/
hour)
and
rental
property
managers
(
which
is
$
22.04/
hour)
6
are
based
on
the
average
hourly
earnings
for
October,
2003,
for
the
Construction
category
and
the
Real
Estate
category,
respectively7.
Estimated
hourly
rates
reflect
a
64
percent
mark­
up
on
the
raw
rate
reported
by
­
24
­
BLS
to
reflect
overhead
and
benefits.
The
64
percent
mark­
up
was
used
in
the
previous
ICR
for
this
collection.

The
Agency's
estimated
burden
hours
and
costs
for
the
information
collection
activities
contained
in
this
rule
are
summarized
below
and
presented
in
the
attached
tables.

Start­
Up
Burden
­
The
start­
up
or
first
year
burden
involves
the
time
and
cost
required
to
read
and
learn
the
disclosure
rule's
requirements
and
set
up
procedures
for
meeting
those
requirements.
Since
start­
up
costs
are
greatest
in
the
first
year
following
promulgation,
the
individual
start­
up
burden
was
estimated
for
renovators
and
rental
property
managers
performing
renovation
activities
in
the
1998
ICR.
In
the
1998
ICR,
EPA
had
taken
the
total
burden
associated
with
the
first
year
of
implementing
this
final
rule
and
annualized
it
over
the
next
three
years.
These
burdens
and
costs
have
been
removed
from
the
current
ICR.
EPA
believes
this
revised
ICR
need
not
include
start­
up
costs
since
they
have
already
been
encountered
by
renovators
and
rental
property
managers.
The
only
start­
up
costs
considered
are
those
for
new
entrants
to
these
occupations.
EPA
estimates
that
there
will
be
27,000
new
entrants
for
renovators
and
4,000
new
entrants
for
property
managers
(
See
Table
2,
and
above
for
details).

Preparation
and
the
Provision
of
the
Information
­
The
burden
under
this
activity
section
involves
the
time
and
cost
for
preparing
and
providing
the
information
needed
to
perform
the
disclosure
activities
in
conjunction
with
the
renovation
of
target
housing
as
specified
by
the
rule.
In
essence,
this
includes
the
following
activities:

­
Preparing
written
acknowledgment
for
all
Owner/
Occupants
­
Preparing
written
acknowledgment
for
all
Owners
of
rental
units
(
1­
unit
and
common
area)
­
Preparing
written
acknowledgment
for
1­
unit
occupant
­
Preparing
and
delivering
the
pamphlet
to
individual
Owner/
Occupants,
owners
of
all
rental
units,
and
1­
unit
rental
occupants
­
Obtaining
acknowledgment
of
the
delivered
pamphlet
from
all
Owner/
Occupants,
owners
of
all
rental
units,
and
1­
unit
rental
occupants
­
Preparing
and
posting
the
Notification
for
common
area
activities
­
Preparing
a
statement
describing
the
steps
performed
to
notify
all
occupants
of
common
areas
of
the
intended
renovation
Since
the
owner/
occupant
activities,
i.
e.,
receiving
the
pamphlet
and
signing
the
acknowledgment
of
receipt,
do
not
need
to
be
included
in
the
estimate
(
see
earlier
discussion),
EPA
has
only
estimated
the
burden
for
those
activities
of
the
renovator/
manager
in
this
transaction.
Specifically,
the
renovator/
manager
must
prepare
the
appropriate
document,
make
sufficient
copies,
distribute
the
information,
and
obtain
the
acknowledgments.
Since
per
event
burden
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/
renovator,
the
number
of
events,
experience
and
individual
efficiencies,
EPA
has
attempted
to
simplify
the
estimate
by
­
25
­
making
some
general
assumptions.
These
assumptions
are
likely
to
result
in
an
overall
overestimate,
which
the
Agency
believes
will
help
ensure
that
all
the
variations
in
these
activities
are
covered.

For
the
purposes
of
calculating
the
burden
and
costs,
EPA
has
assumed
100%
of
the
renovation
activities
in
owner
occupied
housing
(
11,584,202),
and
25%
of
rental
property
renovation
activities
(
1,513,762
­
assumed
earlier
as
the
estimated
number
of
renovation
events
taking
place
in
the
individual
unit)
will
involve
the
preparation
of
a
written
acknowledgment.
In
addition,
written
acknowledgments
will
also
be
prepared
for
100%
of
owners
of
rental
units
(
6,055,048).
EPA
has
also
assumed
that
100%
of
the
renovation
activities
in
rental
housing
will
involve
the
notification.
In
addition,
EPA
has
provided
average
burden
estimates,
i.
e.,
since
the
burden
calculations
for
the
certificate
and
notification
are
estimated
to
be
about
2
minutes
to
prepare
the
document
for
the
first
event,
and
less
than
1
minute
to
copy
that
document
for
subsequent
distribution,
EPA
has
used
the
estimated
2
minutes
per
event.

The
renovator/
manager
is
also
required
to
distribute
the
pamphlet
and
obtain
acknowledgments
from
all
owner
occupants
(
11,584,202),
all
owners
of
rental
units
(
6,055,048),
and
individual
unit
rental
occupants
(
1,513,762).
As
explained
in
the
final
rule
preamble,
EPA
has
provided
ample
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
estimate
purposes,
deliver
material
and
the
like,
EPA
believes
that
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,
this
activity
will
also
occur
at
this
time.
EPA
estimates
that
this
transaction
may
take
less
than
1
minute,
and
no
more
than
4
minutes.
For
the
ICR,
EPA
has
used
an
average
estimate
of
2
minutes
per
event
for
these
calculations.
By
assuming
that
all
recipients
will
provide
the
acknowledgment,
and
given
the
overestimate
in
the
number
of
events,
EPA
believes
that
this
estimate
also
covers
those
situations
in
which
the
manager/
renovator
may
need
to
provide
a
self­
certification
for
failed
deliveries.
Furthermore,
EPA
did
not
take
any
credits
or
reductions
to
reflect
the
potential
exemptions.

As
noted
above,
renovation
activities
taking
place
in
the
common
area
also
require
the
preparation
of
a
statement
describing
the
steps
performed
to
notify
each
occupant
of
the
intended
renovation.
For
this
requirement,
EPA
is
assuming
a
time
estimate
of
5
minutes
per
event.
(
See
Table
2.)

The
time
estimates
are
based
on
conversations
with
renovation
contractors,
building
trades
groups,
and
rental
property
owners
and
managers.
In
determining
the
corresponding
annual
cost,
EPA
used
the
hourly
rate
for
a
renovation
contractor
($
31.21/
hr).
(
See
Table
2.)
­
26
­
Table
2
­
Total
Annual
Burden
and
Cost
Estimates
for
Renovation
Contractors
and
Owners/
Rental
Property
Managers
Activity
Total
#
People/
Events
Per
Event
Average
Total
Average
Burden
[
a]
Cost
Burden
[
b]
Cost
[
c]

Start­
up
for
Annual
New
Entrant
­
Renovator
27,000
[
d]
1.00
$
31.21
27,000
$
842,670
Start­
up
for
Annual
New
Entrant
­
Rental
Manager
4,000
[
e]
1.00
$
22.04
4,000
$
88,160
Preparing
written
acknowledgment
for
Owner/
Occupants
11,584,202
[
f]
0.033
$
1.03
382,279
$
11,931,728
Preparing
written
acknowledgment
for
1­
unit
rental
occupant
1,513,762
[
g]
0.033
$
1.03
49,954
$
1,559,175
Preparing
written
acknowledgment
for
all
Owners
of
rental
units
6,055,048
[
h]
0.033
$
1.03
199,817
$
6,236,699
Distribution
of
pamphlet
and
obtaining
acknowledgment
from
Owner/
Occupants
11,584,202[
f]
0.033
$
1.03
382,279
$
11,931,728
Distribution
of
pamphlet
and
obtaining
acknowledgment
from
1­
unit
rental
occupants
1,513,762[
g]
0.033
$
1.03
49,954
$
1,559,175
Distribution
of
pamphlet
and
obtaining
acknowledgment
from
all
Owners
of
rental
units
6,055,048
[
h]
0.033
$
1.03
199,817
$
6,236,699
Notification
for
common
area
activities
6,055,048
[
h]
0.033
$
1.03
199,817
$
6,236,699
Preparing,
signing,
and
dating
a
statement
describing
the
steps
performed
to
notify
all
common
area
occupants
of
the
intended
renovation
6,055,048
[
h]
0.083
$
2.59
502,569
$
15,682,574
Filing
and
retaining
acknowledgments
17,639,250[
i]
0.083
$
2.59
0
$
0
Totals
1,997,484
$
62,305,308
[
a]
These
numbers
have
been
rounded.
[
b]
Total
average
burdens
were
estimated
by
multiplying
total
people/
events
by
per
event
average
burden.
[
c]
Total
costs
were
estimated
by
multiplying
per
event
average
costs
by
pre­
rounded
total
average
burden.
[
d]
This
is
the
number
of
new
entrants
to
renovation.
[
e]
This
is
the
number
of
new
entrants
to
property
management.
[
f]
This
is
the
number
of
renovation
events
performed
in
owner­
occupied
housing.
[
g]
This
is
the
number
of
renovation
events
in
rental
property
units
that
are
occupied
at
the
time
of
the
renovation.
[
h]
This
is
the
number
of
renovation
events
in
rental
property
units.
[
i]
This
is
the
total
number
of
renovation
events
in
both
owner­
occupied
units
and
in
rental
properties.
­
27
­
Recordkeeping
Burden
­
The
Recordkeeping
Burden
involves
the
time
and
cost
for
meeting
the
disclosure
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
17,639,250
(
11,584,202
+
6,055,048),
and
the
total
amount
of
time
spent
in
the
recordkeeping
activity
(
approximately
5
minutes
per
event).
In
determining
the
corresponding
annual
cost,
EPA
used
the
hourly
rate
for
a
renovation
contractor
($
31.21/
hr).
(
See
"
Filing
and
retaining
acknowledgments"
in
Table
2.)

Costs
for
Materials
­
The
materials
costs
for
this
ICR
consists
of
the
cost
of
purchasing
or
duplicating
the
Lead
Hazard
Pamphlets.
The
Lead
Hazard
Pamphlets
are
16
pages,
printed
front
and
back,
folded
sheet
format
(
i.
e.,
4
sheets
of
standard
sized
paper
per
document).
EPA
believes
that
most
renovators
will
purchase
the
pamphlet
in
bulk,
although
some
may
choose
to
save
money
by
making
their
own
duplicates
of
the
pamphlet.
As
a
conservative
estimate,
EPA
is
assuming
copying
costs
of
$
0.34
for
100%
of
renovators
and
rental
managers.
EPA
assumes
that
all
owner­
occupied
renovation
events
and
rental
renovation
events
taking
place
in
the
individual
unit
will
require
a
copy
of
the
pamphlet.
As
a
result,
the
total
cost
of
pamphlets
incurred
by
renovators
and
property
managers
is
$
3,938,629,
which
was
calculated
using
the
copying
cost
per
pamphlet,
and
the
total
number
of
pamphlets
required
(
11,584,202).

6(
b)
Estimating
Agency
Burden
and
Cost
Not
applicable.
This
is
a
third
party
notification
rule.

6(
c)
Bottom
Line
Burden
Hours
and
Costs/
Master
Table
The
total
annual
burden
for
this
ICR
is
therefore
3,461,542
hours.
The
total
annual
cost
is
estimated
to
be
$
111,929,595
including
$
107,990,966
for
implementation
activities
and
$
3,938,629
for
estimated
capital
expenditures.
See
Table
3.

Table
3
­
Total
Estimated
Burden
and
Costs
Burden
Hours
Cost
Total
Implementation
Activities
3,461,542
$
107,990,966
Material
Costs
­
$
3,938,629
TOTAL
3,461,542
$
111,929,595
6(
d)
Reasons
for
Changes
in
Burden
It
is
important
to
note
that
the
previously
approved
ICR
included
an
estimated
burden
of
2,938,546
hours.
This
represents
an
increase
of
522,996
hours
between
this
ICR
and
the
previously
approved
ICR.
The
reason
for
the
increase
is
increases
both
in
the
estimated
number
8
See
footnote
number
4
above.

­
28
­
of
annual
renovation
events
and
in
the
number
of
respondents8.
The
differences
are
detailed
in
Table
4.
Thus,
there
are
an
additional
2.85
million
estimated
renovation
events
under
the
current
ICR.
The
increased
number
of
events
reflects
increased
spending
on
renovations.
The
increased
spending
on
renovations
in
the
United
States
as
a
whole
reflects
a
general
economic
trend.
The
increase
in
renovation
has
been
partly
fueled
by
historically
low
levels
of
interest
rates.

Table
4.
Changes
in
the
Number
of
Estimated
Renovation
Events
Renovation
Event
Previously
Approved
ICR
Current
ICR
Difference
Owner­
Occupied
10,678,100
11,548,202
870,102
One­
Unit
Dwellings
1,117,681
1,513,762
396,081
Common
Areas
4,470,723
6,055,048
1,584,325
TOTAL
16,266,504
19,117,012
+
2,850,508
6(
e)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0158,
is
estimated
to
be
1.39
hours
per
response.
According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
For
this
collection
it
includes
such
activities
as
annual
familiarization
with
requirements
for
new
entrants,
the
preparation
of
acknowledgment
or
notification
documents,
the
provision
of
the
notification
document,
and
record
retention
of
any
acknowledgments.
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.
OPPT­
2004­
0082,
which
is
available
for
public
viewing
at
the
Pollution
Prevention
and
Toxics
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
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
Reading
Room
is
(
202)
566­
1544
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
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
4
­
29
­
EDOCKET
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.
OPPT­
2004­
0082
and
OMB
Control
Number
2070­
0158
in
any
correspondence.
EPA
ICR
No.
1669.04;
OMB
Control
No.
2070­
0158
Attachment
1
Toxic
Substances
Control
Act
(
TSCA)
Section
406
15
U.
S.
C.
2686
Sec.
2686.
Lead
hazard
information
pamphlet
(
a)
Lead
hazard
information
pamphlet
Not
later
than
2
years
after
October
28,
1992,
after
notice
and
opportunity
for
comment,
the
Administrator
of
the
Environmental
Protection
Agency,
in
consultation
with
the
Secretary
of
Housing
and
Urban
Development
and
with
the
Secretary
of
Health
and
Human
Services,
shall
publish,
and
from
time
to
time
revise,
a
lead
hazard
information
pamphlet
to
be
used
in
connection
with
this
subchapter
and
section
4852d
of
title
42.
The
pamphlet
shall
­
(
1)
contain
information
regarding
the
health
risks
associated
with
exposure
to
lead;
(
2)
provide
information
on
the
presence
of
lead­
based
paint
hazards
in
federally
assisted,
federally
owned,
and
target
housing;
(
3)
describe
the
risks
of
lead
exposure
for
children
under
6
years
of
age,
pregnant
women,
women
of
childbearing
age,
persons
involved
in
home
renovation,
and
others
residing
in
a
dwelling
with
lead­
based
paint
hazards;
(
4)
describe
the
risks
of
renovation
in
a
dwelling
with
lead­
based
paint
hazards;
(
5)
provide
information
on
approved
methods
for
evaluating
and
reducing
lead­
based
paint
hazards
and
their
effectiveness
in
identifying,
reducing,
eliminating,
or
preventing
exposure
to
lead­
based
paint
hazards;
(
6)
advise
persons
how
to
obtain
a
list
of
contractors
certified
pursuant
to
this
subchapter
in
lead­
based
paint
hazard
evaluation
and
reduction
in
the
area
in
which
the
pamphlet
is
to
be
used;
(
7)
state
that
a
risk
assessment
or
inspection
for
lead­
based
paint
is
recommended
prior
to
the
purchase,
lease,
or
renovation
of
target
housing;
(
8)
state
that
certain
State
and
local
laws
impose
additional
requirements
related
to
lead­
based
paint
in
housing
and
provide
a
listing
of
Federal,
State,
and
local
agencies
in
each
State,
including
address
and
telephone
number,
that
can
provide
information
about
applicable
laws
and
available
governmental
and
private
assistance
and
financing;
and
(
9)
provide
such
other
information
about
environmental
hazards
associated
with
residential
real
property
as
the
Administrator
deems
appropriate.
(
b)
Renovation
of
target
housing
Within
2
years
after
October
28,
1992,
the
Administrator
shall
promulgate
regulations
under
this
subsection
to
require
each
person
who
performs
for
compensation
a
renovation
of
target
housing
to
provide
a
lead
hazard
information
pamphlet
to
the
owner
and
occupant
of
such
housing
prior
to
commencing
the
renovation.
EPA
ICR
No.
1669.04;
OMB
Control
No.
2070­
0158
Attachment
2
40
CFR
Part
745,
Subpart
E
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
745­­
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES­­
Table
of
Contents
Subpart
E­­
Residential
Property
Renovation
Source:
63
FR
29919,
June
1,
1998,
unless
otherwise
noted.

Sec.
745.80
Purpose.

This
subpart
contains
regulations
developed
under
Title
IV
(
15
U.
S.
C.
2681­
2692)
of
the
Toxic
Substances
Control
Act
and
applies
to
all
renovations
of
target
housing
performed
for
compensation.
The
purpose
of
this
subpart
is
to
require
each
person
who
performs
a
renovation
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.

Sec.
745.81
Effective
date.

The
requirements
in
this
subpart
shall
take
effect
on
June
1,
1999.

Sec.
745.82
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
this
subpart
applies
to
all
renovations
of
target
housing
performed
for
compensation.
(
b)
This
subpart
does
not
apply
to
renovation
activities
that
are
limited
to
the
following:
(
1)
Minor
repair
and
maintenance
activities
(
including
minor
electrical
work
and
plumbing)
that
disrupt
2
square
feet
or
less
of
painted
surface
per
component.
(
2)
Emergency
renovation
operations.
(
3)
Renovations
in
target
housing
in
which
a
written
determination
has
been
made
by
an
inspector
(
certified
pursuant
to
either
Federal
regulations
at
Sec.
745.226
or
a
State
or
Tribal
certification
program
authorized
pursuant
to
Sec.
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.

Sec.
745.83
Definitions.

For
purposes
of
this
part,
the
definitions
in
Sec.
745.103
as
well
as
the
following
definitions
apply:
Administrator
means
the
Administrator
of
the
Environmental
Protection
Agency.
Emergency
renovation
operations
means
renovation
activities,
such
as
operations
necessitated
by
non­
routine
failures
of
equipment,
that
were
not
planned
but
result
from
a
sudden,
unexpected
event
that,
if
not
immediately
attended
to,
presents
a
safety
or
public
health
hazard,
or
threatens
equipment
and/
or
property
with
significant
damage.
Multi­
family
housing
means
a
housing
property
consisting
of
more
than
four
dwelling
units.
Pamphlet
means
the
EPA
pamphlet
developed
under
section
406(
a)
of
TSCA
for
use
in
complying
with
this
and
other
rulemakings
under
Title
IV
of
TSCA
and
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act,
or
any
State
or
Tribal
pamphlet
approved
by
EPA
pursuant
to
40
CFR
745.326
that
is
developed
for
the
same
purpose.
This
includes
reproductions
of
the
pamphlet
when
copied
in
full
and
without
revision
or
deletion
of
material
from
the
pamphlet
(
except
for
the
addition
or
revision
of
State
or
local
sources
of
information).
Person
means
any
natural
or
judicial
person
including
any
individual,
corporation,
partnership,
or
association;
any
Indian
Tribe,
State,
or
political
subdivision
thereof;
any
interstate
body;
and
any
department,
agency,
or
instrumentality
of
the
Federal
Government.
Renovation
means
the
modification
of
any
existing
structure,
or
portion
thereof,
that
results
in
the
disturbance
of
painted
surfaces,
unless
that
activity
is
performed
as
part
of
an
abatement
as
defined
by
this
part
(
40
CFR
745.223).
The
term
renovation
includes
(
but
is
not
limited
to):
the
removal
or
modification
of
painted
surfaces
or
painted
components
(
e.
g.,
modification
of
painted
doors,
surface
preparation
activity
(
such
as
sanding,
scraping,
or
other
such
activities
that
may
generate
paint
dust));
the
removal
of
large
structures
(
e.
g.,
walls,
ceiling,
large
surface
replastering,
major
re­
plumbing);
and
window
replacement.
Renovator
means
any
person
who
performs
for
compensation
a
renovation.

Sec.
745.84
Confidential
business
information.

(
a)
Those
who
assert
a
confidentiality
claim
for
submitted
information
must
provide
EPA
with
two
copies
of
their
submission.
The
first
copy
must
be
complete
and
contain
all
information
being
claimed
as
confidential.
The
second
copy
must
contain
only
information
not
claimed
as
confidential.
EPA
will
place
the
second
copy
of
the
submission
in
the
public
file.
(
b)
EPA
will
disclose
information
subject
to
a
claim
of
confidentiality
only
to
the
extent
permitted
by
section
14
of
TSCA
and
40
CFR
part
2,
subpart
B.
If
a
person
does
not
assert
a
claim
of
confidentiality
for
information
at
the
time
it
is
submitted
to
EPA,
EPA
may
make
the
information
public
without
further
notice
to
that
person.

Sec.
745.85
Information
distribution
requirements.

(
a)
Renovations
in
dwelling
units.
No
more
than
60
days
before
beginning
renovation
activities
in
any
residential
dwelling
unit
of
target
housing,
the
renovator
shall:
(
1)
Provide
the
owner
of
the
unit
with
the
pamphlet,
and
comply
with
one
of
the
following:
(
i)
Obtain,
from
the
owner,
a
written
acknowledgment
that
the
owner
has
received
the
pamphlet.
(
ii)
Obtain
a
certificate
of
mailing
at
least
7
days
prior
to
the
renovation.
(
2)
In
addition
to
the
requirements
in
paragraph
(
a)(
1)
of
this
section,
if
the
owner
does
not
occupy
the
dwelling
unit,
provide
an
adult
occupant
of
the
unit
with
the
pamphlet,
and
comply
with
one
of
the
following:
(
i)
Obtain,
from
the
adult
occupant,
a
written
acknowledgment
that
the
occupant
has
received
the
pamphlet;
or
certify
in
writing
that
a
pamphlet
has
been
delivered
to
the
dwelling
and
that
the
renovator
has
been
unsuccessful
in
obtaining
a
written
acknowledgment
from
an
adult
occupant.
Such
certification
must
include
the
address
of
the
unit
undergoing
renovation,
the
date
and
method
of
delivery
of
the
pamphlet,
names
of
the
persons
delivering
the
pamphlet,
reason
for
lack
of
acknowledgment
(
e.
g.,
occupant
refuses
to
sign,
no
adult
occupant
available),
the
signature
of
the
renovator,
and
the
date
of
signature.
(
ii)
Obtain
a
certificate
of
mailing
at
least
7
days
prior
to
the
renovation.
(
b)
Renovations
in
common
areas.
No
more
than
60
days
before
beginning
renovation
activities
in
common
areas
of
multi­
family
housing,
the
renovator
shall:
(
1)
Provide
the
owner
with
the
pamphlet,
and
comply
with
one
of
the
following:
(
i)
Obtain,
from
the
owner,
a
written
acknowledgment
that
the
owner
has
received
the
pamphlet.
(
ii)
Obtain
a
certificate
of
mailing
at
least
7
days
prior
to
the
renovation.
(
2)
Notify
in
writing,
or
ensure
written
notification
of,
each
unit
of
the
multi­
family
housing
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,
at
no
charge,
from
the
renovator.
(
3)
Prepare,
sign,
and
date
a
statement
describing
the
steps
performed
to
notify
all
occupants
of
the
intended
renovation
activities
and
to
provide
the
pamphlet.
(
4)
If
the
scope,
locations,
or
expected
starting
and
ending
dates
of
the
planned
renovation
activities
change
after
the
initial
notification,
the
renovator
shall
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
renovator
initiates
work
beyond
that
which
was
described
in
the
original
notice.
(
c)
Written
acknowledgment.
Sample
language
for
such
acknowledgments
is
provided
in
Sec.
745.88.
The
written
acknowledgments
required
in
paragraphs
(
a)(
1)(
i),
(
a)(
2)(
i),
and
(
b)(
1)(
i)
of
this
section
shall:
(
1)
Include
a
statement
recording
the
owner
or
occupant's
name
and
acknowledging
receipt
of
the
pamphlet
prior
to
the
start
of
renovation,
the
address
of
the
unit
undergoing
renovation,
the
signature
of
the
owner
or
occupant
as
applicable,
and
the
date
of
signature.
(
2)
Be
either
a
separate
sheet
or
part
of
any
written
contract
or
service
agreement
for
the
renovation.
(
3)
Be
written
in
the
same
language
as
the
text
of
the
contract
or
agreement
for
the
renovation
or,
in
the
case
of
non­
owner
occupied
target
housing,
in
the
same
language
as
the
lease
or
rental
agreement
or
the
pamphlet.

Sec.
745.86
Recordkeeping
requirements.

(
a)
Renovators
shall
retain
and,
if
requested,
make
available
to
EPA
all
records
necessary
to
demonstrate
compliance
with
this
subpart
for
a
period
of
3
years
following
completion
of
the
renovation
activities
in
target
housing.
This
3­
year
retention
requirement
does
not
supersede
longer
obligations
required
by
other
provisions
for
retaining
the
same
documentation,
including
any
applicable
State
or
Tribal
laws
or
regulations.
(
b)
Records
that
must
be
retained
pursuant
to
paragraph
(
a)
of
this
section
shall
include
(
where
applicable):
(
1)
Reports
certifying
that
a
determination
had
been
made
by
an
inspector
(
certified
pursuant
to
either
Federal
regulations
at
Sec.
745.226
or
an
EPA­
authorized
State
or
Tribal
certification
program)
that
lead­
based
paint
is
not
present
in
the
area
affected
by
the
renovation,
as
described
in
Sec.
745.82(
b)(
vi).
(
2)
Signed
and
dated
acknowledgments
of
receipt
as
described
in
Sec.
745.85(
a)(
1)(
i),
(
a)(
2)(
i),
and
(
b)(
1)(
i).
(
3)
Certifications
of
attempted
delivery
as
described
in
Sec.
745.85(
a)(
2)(
i).
(
4)
Certificates
of
mailing
as
described
in
Sec.
745.85(
a)(
1)(
ii),
(
a)(
2)(
ii),
and
(
b)(
1)(
ii).
(
5)
Records
of
notification
activities
performed
regarding
common
area
renovations,
as
described
in
Sec.
745.85(
b)
(
3)
and
(
4).

Sec.
745.87
Enforcement
and
inspections.

(
a)
Failure
or
refusal
to
comply
with
any
provision
of
this
subpart
is
a
violation
of
TSCA
section
409
(
15
U.
S.
C.
2689).
(
b)
Failure
or
refusal
to
establish
and
maintain
records
or
to
make
available
or
permit
access
to
or
copying
of
records,
as
required
by
this
subpart,
is
a
violation
of
TSCA
sections
15
and
409
(
15
U.
S.
C.
2614
and
2689).
(
c)
Failure
or
refusal
to
permit
entry
or
inspection
as
required
by
40
CFR
745.87
and
TSCA
section
11
(
15
U.
S.
C.
2610)
is
a
violation
of
sections
15
and
409
(
15
U.
S.
C.
2614
and
2689).
(
d)
Violators
may
be
subject
to
civil
and
criminal
sanctions
pursuant
to
TSCA
section
16
(
15
U.
S.
C.
2615)
for
each
violation.
(
e)
EPA
may
conduct
inspections
and
issue
subpoenas
pursuant
to
the
provisions
of
TSCA
section
11
(
15
U.
S.
C.
2610)
to
ensure
compliance
with
this
subpart.

Sec.
745.88
Acknowledgment
and
certification
statements.

(
a)(
1)
Acknowledgment
statement.
As
required
under
Sec.
745.85(
c)(
1),
acknowledgments
shall
include
a
statement
of
receipt
of
the
pamphlet
prior
to
the
start
of
renovation,
the
address
of
the
unit
undergoing
renovation,
the
signature
of
the
owner
or
occupant
as
applicable,
and
the
date
of
signature.
(
2)
Sample
acknowledgment
language.
The
following
is
a
sample
of
language
that
could
be
used
for
such
acknowledgments:

I
have
received
a
copy
of
the
pamphlet,
Protect
Your
Family
From
Lead
In
Your
Home,
informing
me
of
the
potential
risk
of
lead
hazard
exposure
from
renovation
activity
to
be
performed
in
my
dwelling
unit.
I
received
this
pamphlet
before
the
work
began.
__________________________________________
__________________________________________

Printed
Name
and
Signature
__________________________________________
Date
__________________________________________
__________________________________________
Unit
Address
(
b)(
1)
Certification
of
attempted
delivery.
When
an
occupant
is
unavailable
for
signature
or
refuses
to
sign
the
acknowledgment
of
receipt
of
the
pamphlet,
the
renovator
is
permitted
(
per
Sec.
745.85(
a)(
2)(
i))
to
certify
delivery
for
each
instance.
The
certification
shall
include
the
address
of
the
unit
undergoing
renovation,
the
date
and
method
of
delivery
of
the
pamphlet,
names
of
the
persons
delivering
the
pamphlet,
reason
for
lack
of
acknowledgment
(
e.
g.
occupant
refuses
to
sign,
no
adult
occupant
available),
the
signature
of
the
renovator,
and
the
date
of
signature.
(
2)
Sample
certification
language.
The
following
is
a
sample
of
language
that
could
be
used
under
those
circumstances:
(
i)
Unavailable
for
signature.

I
certify
that
I
have
made
a
good
faith
effort
to
deliver
the
pamphlet,
Protect
Your
Family
From
Lead
In
Your
Home,
to
the
unit
listed
below
at
the
dates
and
times
indicated,
and
that
the
occupant
refused
to
sign
the
acknowledgment.
I
further
certify
that
I
have
left
a
copy
of
the
pamphlet
at
the
unit
with
the
occupant.
__________________________________________
__________________________________________

Printed
Name
and
Signature
__________________________________________
Date
__________________________________________
__

[[
Page
461]]

XXXXXXXXXXXXXXXXXXXX
Unit
Address
Attempted
delivery
dates
and
times:

(
ii)
Refusal
to
sign.

I
certify
that
I
have
made
a
good
faith
effort
to
deliver
the
pamphlet,
Protect
Your
Family
From
Lead
In
Your
Home,
to
the
unit
listed
below,
and
that
the
occupant
was
unavailable
to
sign
the
acknowledgment.
I
further
certify
that
I
have
left
a
copy
of
the
pamphlet
at
the
unit
by
sliding
it
under
the
door.
__________________________________________
__________________________________________

Printed
Name
and
Signature
__________________________________________
Date
__________________________________________
__________________________________________
Unit
Address
Attempted
delivery
dates
and
times:
EPA
ICR
No.
1669.04;
OMB
Control
No.
2070­
0158
Attachment
3
Lead
Hazard
Information
Pamphlet
"
Protect
Your
Family
From
Lead
in
Your
Home"

(
Note:
An
electronic
copy
of
this
attachment
is
available
on
the
EPA
Website
at:
http://
www.
epa.
gov/
opptintr/
lead/
leadpdfe.
pdf.
Copies
of
the
same
attachment
are
available
in
languages
other
than
English
at
http://
www.
epa.
gov/
opptintr/
lead/
leadprot.
htm)
EPA
ICR
No.
1669.04;
OMB
Control
No.
2070­
0158
Attachment
4
Copies
of
Comments
Received
during
Public
Comment
Period
EPA
ICR
No.
1669.04;
OMB
Control
No.
2070­
0158
Attachment
5
Summaries
of
Consultations
Person
interviewed:
Mike
Foley
Organization:
Cleveland
Tenants
Association
(
non­
profit),
Cleveland,
OH
Date:
28
July
2004
Questionnaire
406
(
b)
Pre
Renovation
Lead
Education
Rule
The
406(
b)
Pre
Renovation
Lead
Education
Information
Dissemination
Rule
requires
persons
who
perform
housing
renovations
to
provide
certain
information
on
lead
hazards
that
may
be
created
by
the
renovation
to
the
owner
and
occupant
of
such
housing
prior
to
beginning
renovation.
This
interview
is
being
held
in
the
hope
of
getting
feedback
from
persons
affected
by
this
rule
so
to
better
evaluate
the
effects
on
them,
especially
as
it
pertains
to
document
distribution,
record
keeping,
and
time
burdens
or
any
other
comments
that
they
may
have.

Distributing
the
lead
hazard
information
pamphlet
1.
Is
it
clear
that
federal
regulations
may
require
you
to
distribute
a
lead
hazard
information
pamphlet
to
the
owner
or
occupant
of
housing
no
more
than
60
days
prior
to
renovation
activities,
and
obtain
written
acknowledgment
from
the
owner
and
occupant?

No,
it
is
not
clear
to
tenants.
Tenants
do
not
know
they
are
entitled
to
this
information.
It
is
my
experience
that
there
is
also
a
lack
of
compliance
on
the
part
of
the
building
owners/
management
unless
it
is
federal
housing.
Tenants
are
not
getting
the
pamphlet.

2.
Is
the
60­
day
window
of
time
prior
to
commencement
of
renovation
activities
an
appropriate
time
span?
Could
EPA
change
the
time
period
and
still
produce
the
same
outcome?

For
the
most
part,
yes.
Repeatedly
providing
the
pamphlets
is
good
to
get
the
word
out.

3.
Are
you
interested
in
using
an
electronic
notification/
record
keeping
option?

No
objection
to
electronic
recordkeeping,
but
most
low­
income
tenants
do
not
have
access
to
computers.

°
If
an
electronic
notification/
record
keeping
option
were
available
would
you
use
it
to
satisfy
the
requirements
by
keeping
electronic
files?

N/
A
Person
interviewed:
Mike
Foley
Organization:
Cleveland
Tenants
Association
(
non­
profit),
Cleveland,
OH
Date:
28
July
2004
Record
Keeping
4.
Do
you
understand
that
you
are
required
to
maintain
copies
of
the
acknowledgment
forms
and
certifications
in
your
records
for
3
years?

Tenants
do
not
generally
know
of
this
requirement
for
the
building
management.

°
If
not,
do
you
have
any
suggestions
on
how
to
clarify
record
keeping
instructions?

N/
A
General
5.
How
much
time
does
it
takes
to
deliver
a
pamphlet?

Should
not
take
too
much
time.
Can
be
done
when
collecting
rent
or
when
on
the
property
for
another
reason.
Shouldn't
take
5
min
per
tenant.

6.
How
burdensome
is
it?

Shouldn't
be
much
of
a
burden.

7.
Are
there
other
costs
that
should
be
accounted
for
that
may
have
been
overlooked?

Don't
know.

8.
Do
you
have
any
other
comments
regarding
the
Lead­
based
Paint
Pre­
renovation
Information
Dissemination
requirements
or
the
specifics
of
this
ICR?

Trying
to
enforce
good
work
practices
is
the
real
problem.
Information
distribution
is
often
not
occurring.
More
outreach
to
mom
and
pop
landlords
would
probably
help
compliance
with
this
rule.
Person
interviewed:
Ms.
Margaret
Gillig
Organization:
Borger
Management,
Washington,
DC
Date:
02
August
2004
Questionnaire
406
(
b)
Pre
Renovation
Lead
Education
Rule
The
406(
b)
Pre
Renovation
Lead
Education
Information
Dissemination
Rule
requires
persons
who
perform
housing
renovations
to
provide
certain
information
on
lead
hazards
that
may
be
created
by
the
renovation
to
the
owner
and
occupant
of
such
housing
prior
to
beginning
renovation.
This
interview
is
being
held
in
the
hope
of
getting
feedback
from
persons
affected
by
this
rule
so
to
better
evaluate
the
effects
on
them,
especially
as
it
pertains
to
document
distribution,
record
keeping,
and
time
burdens
or
any
other
comments
that
they
may
have.

Distributing
the
lead
hazard
information
pamphlet
1.
Is
it
clear
that
federal
regulations
may
require
you
to
distribute
a
lead
hazard
information
pamphlet
to
the
owner
or
occupant
of
housing
no
more
than
60
days
prior
to
renovation
activities,
and
obtain
written
acknowledgment
from
the
owner
and
occupant?

Yes,
it
is
clear.

2.
Is
the
60­
day
window
of
time
prior
to
commencement
of
renovation
activities
an
appropriate
time
span?
Could
EPA
change
the
time
period
and
still
produce
the
same
outcome?

Yes.
The
time
window
is
not
an
issue
for
us.

3.
Are
you
interested
in
using
an
electronic
notification/
record
keeping
option?

No.

°
If
an
electronic
notification/
record
keeping
option
were
available
would
you
use
it
to
satisfy
the
requirements
by
keeping
electronic
files?

N/
A
Record
Keeping
4.
Do
you
understand
that
you
are
required
to
maintain
copies
of
the
acknowledgment
forms
and
certifications
in
your
records
for
3
years?

Yes.
Person
interviewed:
Ms.
Margaret
Gillig
Organization:
Borger
Management,
Washington,
DC
Date:
02
August
2004
°
If
not,
do
you
have
any
suggestions
on
how
to
clarify
record
keeping
instructions?

N/
A
General
5.
How
much
time
does
it
takes
to
deliver
a
pamphlet?

We
have
the
resident
manager
deliver
the
pamphlet.
If
no
one
is
available
after
two
delivery
attempts,
a
copy
is
left
at
the
residence
and
a
note
indicating
"
unavailable
for
signature"
is
filed.

Ms.
Gillig's
Clarification:

It
is
difficult
to
estimate
the
time
it
takes
to
deliver
a
pamphlet.
There
are
a
number
of
variables
including:
whether
the
resident
is
home
for
the
first
delivery
attempt
or
a
second
attempt
is
required,
whether
the
building
is
a
garden
or
hi­
rise
(
the
garden
is
obviously
more
time­
consuming),
as
well
as
the
time
the
resident
takes
questioning
the
manager
on
why
yet
another
copy
of
the
same
pamphlet
is
being
given
to
them.
Pamphlet
delivery
is
most
time
consuming
for
those
properties
in
our
portfolio
that
do
not
have
a
site
manager.
In
this
case
the
property
manager
must
make
the
delivery
from
the
main
office.

6.
How
burdensome
is
it?

Repeated
delivery
of
the
pamphlet
takes
time
and
the
tenants
indicate
they
are
tired
of
receiving
so
many
copies.
The
document
is
losing
its
effect.
Delivery
of
the
document
can
be
more
burdensome
on
individual
properties
w/
o
on­
site
managers
as
special
deliveries
must
be
made
to
these
residences.
However,
confirmation
of
delivery
can
be
achieved
by
fax.

Ms.
Gillig's
Clarification:

The
most
burdensome
aspect
of
the
requirement
is
the
growing
resentment
among
our
residents
that
it
is
unnecessary
for
them
to
be
given
the
same
pamphlet
time
and
time
again.
There
is
a
growing
concern
regarding
the
delay
in
getting
their
work
request
done
for
what
they
perceive
as
an
unnecessary
requirement.
Person
interviewed:
Ms.
Margaret
Gillig
Organization:
Borger
Management,
Washington,
DC
Date:
02
August
2004
7.
Are
there
other
costs
that
should
be
accounted
for
that
may
have
been
overlooked?

Cost
of
document
supply.
Processing
such
notifications
slows
down
work
for
residences
often
by
a
day
or
more.

Ms.
Gillig's
Clarification:

The
delay
in
addressing
the
resident's
work
request
often
by
a
day
or
two
obviously
has
an
impact
on
resident
satisfaction
and
thus
resident
retention.
No
resident
wants
to
be
inconvenienced
any
longer
than
necessary
and
most
at
this
point
do
not
see
the
need
to
be
provided
another
copy
of
a
pamphlet
they
have
received
before.

8.
Do
you
have
any
other
comments
regarding
the
Lead­
based
Paint
Pre­
renovation
Information
Dissemination
requirements
or
the
specifics
of
this
ICR?

After
the
first
couple
of
document
deliveries
the
residents
are
rather
educated
on
the
issue
and
don't
need
or
want
repeated
notices.
Often
the
documents
are
handed
out
repeatedly
as
one
job
is
processed
in
stages
and
the
building
manager
provides
a
copy,
then
the
plumber,
then
the
painter,
etc.
Suggest
an
annual
or
semi
annual
distribution
of
the
document.

Ms.
Gillig's
Clarification:

The
406(
b)
Pre
Renovation
Lead
Education
Rule
had
as
its
objective
to
educate
the
public
regarding
the
dangers
of
lead­
based
paint
during
the
renovation
process.
I
would
submit
that
it
has
been
highly
successful
as
is
evidenced
by
the
extensive
knowledge
the
public
currently
has
regarding
lead­
based
paint.
The
question
now
is
what
is
the
most
effective
approach
to
take
with
this
highly
educated
public.
It
has
been
our
experience
that
by
the
repeated
delivery
of
the
pamphlet
the
document
is
becoming
less
effective.
I
believe
that
a
more
effective
approach
might
be
an
annual
delivery
of
the
pamphlet
to
all
residents.
Person
interviewed:
Bob
Hanbury
Organization:
House
of
Hanbury,
Newington,
CT
Date:
28
July
2004
Questionnaire
406
(
b)
Pre
Renovation
Lead
Education
Rule
The
406(
b)
Pre
Renovation
Lead
Education
Information
Dissemination
Rule
requires
persons
who
perform
housing
renovations
to
provide
certain
information
on
lead
hazards
that
may
be
created
by
the
renovation
to
the
owner
and
occupant
of
such
housing
prior
to
beginning
renovation.
This
interview
is
being
held
in
the
hope
of
getting
feedback
from
persons
affected
by
this
rule
so
to
better
evaluate
the
effects
on
them,
especially
as
it
pertains
to
document
distribution,
record
keeping,
and
time
burdens
or
any
other
comments
that
they
may
have.

Distributing
the
lead
hazard
information
pamphlet
1.
Is
it
clear
that
federal
regulations
may
require
you
to
distribute
a
lead
hazard
information
pamphlet
to
the
owner
or
occupant
of
housing
no
more
than
60
days
prior
to
renovation
activities,
and
obtain
written
acknowledgment
from
the
owner
and
occupant?

Yes.

2.
Is
the
60­
day
window
of
time
prior
to
commencement
of
renovation
activities
an
appropriate
time
span?
Could
EPA
change
the
time
period
and
still
produce
the
same
outcome?

Generally/
usually,
yes.
However,
sometimes
contracts
are
written
up
to
90
days
in
advance
of
the
commencement
of
work.
Suggest
requiring
the
lead
hazard
information
transfer
before
or
at
time
of
contract
signing.
Allows
for
lead
safe
work
practices
to
be
discussed
at
this
time
and
any
costs
associated
with
such
work.

3.
Are
you
interested
in
using
an
electronic
notification/
record
keeping
option?

Not
at
the
present.
Acknowledgment
forms
and
such
are
part
of
the
hard
copy
paperwork
of
a
contract
so
electronic
forms
and
record
keeping
would
just
be
extra
work.
If
in
the
future
if
technology
changes
the
way
contracts
are
provided
perhaps
such
a
mechanism
would
be
appropriate.

°
If
an
electronic
notification/
record
keeping
option
were
available
would
you
use
it
to
satisfy
the
requirements
by
keeping
electronic
files?

Perhaps.
Person
interviewed:
Bob
Hanbury
Organization:
House
of
Hanbury,
Newington,
CT
Date:
28
July
2004
Record
Keeping
4.
Do
you
understand
that
you
are
required
to
maintain
copies
of
the
acknowledgment
forms
and
certifications
in
your
records
for
3
years?

Yes.
Most
people/
contractors
keep
records
for
longer.

°
If
not,
do
you
have
any
suggestions
on
how
to
clarify
record
keeping
instructions?

N/
A
General
5.
How
much
time
does
it
takes
to
deliver
a
pamphlet?

Minimal.
Part
of
the
contracting/
paperwork
process.
Might
be
different
for
smaller
contractors/
handymen.

6.
How
burdensome
is
it?

Certainly
less
than
15
min.
of
time.
Need
to
keep
a
supply
of
the
required
document
in
stock.
No
big
deal.

7.
Are
there
other
costs
that
should
be
accounted
for
that
may
have
been
overlooked?

Cost
of
document
supply.

8.
Do
you
have
any
other
comments
regarding
the
Lead­
based
Paint
Pre­
renovation
Information
Dissemination
requirements
or
the
specifics
of
this
ICR?

The
existing
blue
book
[
Protect
Your
Family
From
Lead
in
Your
Home]
is
not
of
much
interest
to
my
customers.
The
content
of
the
required
lead
hazard
information
document
perhaps
should
focus
more
and
be
more
obvious
on
the
hazards
to
children
and
woman
of
childbearing
years.
The
booklet
being
developed
for
renovation
work
contains
no
marketing
help.
Provides
no
reason
to
choose
a
lead
safe
contractor
over
a
non­
lead
safe
one.
However
a
new,
more
focused
document
would
probably
be
more
useful.
Person
interviewed:
Cheryl
Jensen
Organization:
Lefrak
Co.
(
Bldg.
Mgt.,
member
of
NMHC,
Queens,
NY
Date:
28
July
2004
Questionnaire
406
(
b)
Pre
Renovation
Lead
Education
Rule
The
406(
b)
Pre
Renovation
Lead
Education
Information
Dissemination
Rule
requires
persons
who
perform
housing
renovations
to
provide
certain
information
on
lead
hazards
that
may
be
created
by
the
renovation
to
the
owner
and
occupant
of
such
housing
prior
to
beginning
renovation.
This
interview
is
being
held
in
the
hope
of
getting
feedback
from
persons
affected
by
this
rule
so
to
better
evaluate
the
effects
on
them,
especially
as
it
pertains
to
document
distribution,
record
keeping,
and
time
burdens
or
any
other
comments
that
they
may
have.

Distributing
the
lead
hazard
information
pamphlet
1.
Is
it
clear
that
federal
regulations
may
require
you
to
distribute
a
lead
hazard
information
pamphlet
to
the
owner
or
occupant
of
housing
no
more
than
60
days
prior
to
renovation
activities,
and
obtain
written
acknowledgment
from
the
owner
and
occupant?

Yes,
though
I
don't
usually
get
written
acknowledgment.
I
send
notices
by
certified
mail
which
meets
the
requirements.

2.
Is
the
60­
day
window
of
time
prior
to
commencement
of
renovation
activities
an
appropriate
time
span?
Could
EPA
change
the
time
period
and
still
produce
the
same
outcome?

Yes.
However,
as
various
work
occurs
regularly
(
especially
in
common
areas)
I
send
out
notices
repeatedly
through
the
year.
This
results
in
residents
being
provided
the
pamphlet
6
and
often
more
times
a
year.
Better
to
require
notice
3
or
4
times
a
year
unless
the
work
is
taking
place
in
a
individual
living
space.

3.
Are
you
interested
in
using
an
electronic
notification/
record
keeping
option?

Not
at
the
present.
Most
tenants
do
not
have
E­
mail.
If
such
an
option
were
a
viable
alternative,
I
would
consider
it.

°
If
an
electronic
notification/
record
keeping
option
were
available
would
you
use
it
to
satisfy
the
requirements
by
keeping
electronic
files?

Perhaps.
Person
interviewed:
Cheryl
Jensen
Organization:
Lefrak
Co.
(
Bldg.
Mgt.,
member
of
NMHC,
Queens,
NY
Date:
28
July
2004
Record
Keeping
4.
Do
you
understand
that
you
are
required
to
maintain
copies
of
the
acknowledgment
forms
and
certifications
in
your
records
for
3
years?

Yes.
Not
a
lot
of
time
to
record
keep,
but
storage
is
costly.

°
If
not,
do
you
have
any
suggestions
on
how
to
clarify
record
keeping
instructions?

N/
A
General
5.
How
much
time
does
it
takes
to
deliver
a
pamphlet?

One
day
to
mail
out
to
two
buildings.

6.
How
burdensome
is
it?

Repeated
mailing
become
burdensome,
otherwise
not
too
much
in
mailing
out
notices.
Storage
of
records
is
more
burdensome,
in
terms
of
cost,
because
we
use
a
company
that
specializes
in
archiving
materials.

7.
Are
there
other
costs
that
should
be
accounted
for
that
may
have
been
overlooked?

Cost
of
reproducing
the
document
supply.
Approx.
10
¢
per
copy,
printing
them
myself.

8.
Do
you
have
any
other
comments
regarding
the
Lead­
based
Paint
Pre­
renovation
Information
Dissemination
requirements
or
the
specifics
of
this
ICR?

No.
Person
interviewed:
Stephen
Robinson
Organization:
R.
E.
Construction
&
Maintenance
Services,
Inc.
Date:
02
August
2004
Questionnaire
406
(
b)
Pre
Renovation
Lead
Education
Rule
The
406(
b)
Pre
Renovation
Lead
Education
Information
Dissemination
Rule
requires
persons
who
perform
housing
renovations
to
provide
certain
information
on
lead
hazards
that
may
be
created
by
the
renovation
to
the
owner
and
occupant
of
such
housing
prior
to
beginning
renovation.
This
interview
is
being
held
in
the
hope
of
getting
feedback
from
persons
affected
by
this
rule
so
to
better
evaluate
the
effects
on
them,
especially
as
it
pertains
to
document
distribution,
record
keeping,
and
time
burdens
or
any
other
comments
that
they
may
have.

Distributing
the
lead
hazard
information
pamphlet
1.
Is
it
clear
that
federal
regulations
may
require
you
to
distribute
a
lead
hazard
information
pamphlet
to
the
owner
or
occupant
of
housing
no
more
than
60
days
prior
to
renovation
activities,
and
obtain
written
acknowledgment
from
the
owner
and
occupant?

Yes,
I
am
personally
because
I
work
in
older
housing
and
am
a
member
and
participate
with
NAHB
(
Natl.
Assoc.
of
Home
Builders).
I
would
suggest
that
most
contractors
do
not
know
the
requirements
because
there
are
many
small
operations
that
do
not
belong
to
organizations
such
as
NAHB,
have
lots
of
turnover,
etc.
A
very
large
percentage
of
contractors
go
out
of
business
in
5
years
for
various
reasons.

2.
Is
the
60­
day
window
of
time
prior
to
commencement
of
renovation
activities
an
appropriate
time
span?
Could
EPA
change
the
time
period
and
still
produce
the
same
outcome?

Yes.
However,
rather
than
setting
a
specific
time
suggest
requiring
the
lead
hazard
information
transfer
at
time
of
contract
signing.
Allows
for
lead
safe
work
practices
to
be
discussed
at
this
time
and
minimizes
effort.
That
is
how
we
do
it.

3.
Are
you
interested
in
using
an
electronic
notification/
record
keeping
option?

Possibly.
Depends
on
format,
method,
etc.
An
e­
mail­
able
document
and
an
electronic
receipt
would
be
good
because
as
many
as
50%
of
our
contracts
are
e­
mailed.
Would
allow
for
printing
of
document
on
demand
or
e­
mailing
a
pdf.
Person
interviewed:
Stephen
Robinson
Organization:
R.
E.
Construction
&
Maintenance
Services,
Inc.
Date:
02
August
2004
°
If
an
electronic
notification/
record
keeping
option
were
available
would
you
use
it
to
satisfy
the
requirements
by
keeping
electronic
files?

Perhaps.

Record
Keeping
4.
Do
you
understand
that
you
are
required
to
maintain
copies
of
the
acknowledgment
forms
and
certifications
in
your
records
for
3
years?

Yes.
I
suggest
that
most
contractors
do
not
know
this.

°
If
not,
do
you
have
any
suggestions
on
how
to
clarify
record
keeping
instructions?

N/
A
General
5.
How
much
time
does
it
takes
to
deliver
a
pamphlet?

As
a
separate
task,
could
take
1
to
3
hours,
depending
on
the
homeowner's
response.
This
time
estimate
includes
transportation,
tenor
of
the
conversation
with
the
homeowner;
also
includes
filing
the
signed
copy
at
the
office.
When
part
of
the
contract
process,
the
average
time
spent
is
30
minutes,
depending
on
homeowner
response.

6.
How
burdensome
is
it?

Depends
on
the
circumstances,
e.
g.,
some
people
are
easier
to
get
a
hold
of
than
others;
also
homeowner's
response,
transportation,
etc.

7.
Are
there
other
costs
that
should
be
accounted
for
that
may
have
been
overlooked?

Cost
of
document
supply,
time
to
explain
document
content,
possible
travel
time
and
record
keeping
effort.

8.
Do
you
have
any
other
comments
regarding
the
Lead­
based
Paint
Pre­
renovation
Information
Dissemination
requirements
or
the
specifics
of
this
ICR?

No.
