Supporting Statement for a Request for OMB Review
Under the Paperwork Reduction Act
1. Identification of the Information Collection
1(a) Title of the Information Collection
TITLE: Second Proposed Rule Related Addendum to Existing EPA ICR
Entitled: TSCA § 402/404 Training and Certification, Accreditation, and Standards for Lead-Based Paint Activities
ICR No. EPA ICR No. 1715.08; OMB 2070-0155
1(b) Short Characterization/Abstract
The following information collection request (ICR) addendum covers reporting and recordkeeping requirements for individuals and firms conducting renovations in child-occupied facilities, which are pre-1978 residential, public, or commercial buildings where children under 6 are regularly present. These rules are promulgated under the authority of Sections 402, 404, and 407 of the Toxic Substances Control Act (TSCA). This ICR revises ICR numbers 1715.06 and 1715.07 to incorporate reporting and recordkeeping requirements in a supplemental notice of proposed rulemaking expected to publish in the Federal Register on [insert anticipated publication date].
Section 402(a) of TSCA requires EPA to develop and administer a training and certification program as well as work practice standards for persons who perform lead-based paint activities. The current regulations in 40 CFR part 745, subpart L, cover inspections, lead hazard screens, risk assessments, and abatement activities in target housing, which is most pre-1978 housing, and child-occupied facilities. Section 402(c)(3) of TSCA directs EPA to revise its regulations under TSCA Section 402(a) to apply to renovation and remodeling activities, basing its decisions on a study of hazards created by renovation and remodeling activities and on consultation with interested stakeholders.
On January 11, 2006, EPA proposed regulations covering renovations in target housing. EPA is now proposing to extend the requirements in that proposal to renovations in child-occupied facilities. Like the regulations under Section 402(a) of TSCA, the regulations pertaining to renovation projects under Section 402(c)(3) of TSCA would require reporting and/or recordkeeping from three entities: firms engaged in renovations in target housing and child-occupied facilities; training providers; and States/Territories/Tribes/Alaskan Native Villages (hereafter, the term “States” includes Territories, Tribes and Villages). The following sections provide a general overview of the reporting and recordkeeping requirements for each entity, discussed in more detail in section 4(b).
Firms. Firms that wish to engage in renovations in target housing or child-occupied facilities would be required to obtain certification from EPA/States. This includes firms consisting only of one self-employed individual. To receive certification, a firm would have to submit a letter to EPA/States certifying that it will employ certified renovators and conduct renovations in target housing in accordance with the work practice standards. Firms would have to re-certify every three years. The rule would also require that firms develop and retain records of the renovation activities they undertake to demonstrate compliance with standards and provide a written record for future reference. In addition, for renovations in child-occupied facilities located in public or commercial buildings, the rule would require firms to provide the building owner and adult representative of the child-occupied facility with a lead hazard information pamphlet, and make the information available to interested parents and guardians of children frequenting the facility. 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. (Existing regulations require the distribution of a lead hazard information pamphlet, and the associated recordkeeping, before renovations in all target housing. This burden is reflected in ICR 1669.04, OMB 2070-0158.) The reporting and recordkeeping requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections. The Agency believes that the distribution of the pamphlet will help to further reduce exposures that can cause serious lead poisonings in children under age six, who are particularly susceptible to the hazards of lead.
Training providers. Training programs seeking to offer training for renovators or dust sampling technicians would be required to obtain EPA/State accreditation. In order for EPA/States to have the information necessary to evaluate and accredit the training programs, training providers would be required to prepare and submit application packages. Training programs also would have to retain certain records related to their students and training personnel qualifications. Training programs would be required to notify the Agency 1) prior to providing training courses, and 2) following completion of training courses. Training programs would have to apply for re-accreditation every four years. These notification requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections.
States. EPA has proposed to allow States to administer programs addressing training, certification, accreditation, and standards for renovations in target housing and child-occupied facilities. EPA has also proposed to continue to allow States to administer programs addressing the distribution of lead hazard information before renovation activities commence. Under TSCA section 404, EPA would have to review and assess State submissions to determine whether authorization is warranted. A State seeking authorization will need to provide information to EPA so the Agency may determine whether its program is at least as protective of human health and the environment as the Federal program and whether it provides adequate enforcement. Authorized States would be required to provide a report to EPA on their activities.
This proposed ICR revises ICR numbers 1715.06 and 1715.07 to incorporate the burden of the proposed extension of the recordkeeping and reporting requirements to firms that engage in renovations in child-occupied facilities.
In addition to these new requirements for renovations in child-occupied facilities, EPA is proposing to amend the Pre-Renovation Education Rule to require that persons performing renovations in target housing or child-occupied facilities provide a new, renovation-specific pamphlet to the owners and occupants of the buildings being renovated. A State seeking authorization for a renovation program would have to use either the EPA-developed renovation pamphlet or a comparable pamphlet developed by the State. States with existing authorization to administer the Pre-Renovation Education Rule program in their jurisdictions would be given time to amend their programs to incorporate an approved renovation-specific pamphlet as well as the new requirements for information distribution associated with renovations in child-occupied facilities located in public or commercial buildings.
2. Need for and Use of the Collection
2(a) Need/Authority for the Collection
Under section 402(a)(1) of TSCA, the Agency must “...promulgate final regulations governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and that contractors engaged in such activities are certified. Such regulations shall contain standards for performing lead-based paint activities, taking into account reliability, effectiveness and safety.”
Section 402(a)(2) states that “Final regulations promulgated under [section 402(a)] paragraph (1) shall contain specific requirements for the accreditation of ... training programs ... including, but not limited to:
- Minimum requirements for the accreditation of training providers;
- Minimum training curricula requirements;
- Minimum training hour requirements;
- Minimum hands-on training requirements;
- Minimum training competency and proficiency requirements;
- Minimum requirements for training program quality.”
Section 402(c)(3) directs EPA to revise its regulations under TSCA section 402(a) to apply to renovation and remodeling activities that create lead-based paint hazards.
Section 404(a) of TSCA states that “[a]ny State which seeks to administer and enforce the standards, regulations, or other requirements established under section 402 may...develop and submit to the Administrator an application, in such form as the Administrator shall require, for authorization of such a State program.” The Agency shall approve such an application, if it finds that “...the State program is at least as protective of human health and the environment as the Federal program under section 402...and such State program provides adequate enforcement.” The statute also requires the Agency to implement the program in States that do not receive authorization.
Section 407 of TSCA states that regulations shall include such recordkeeping and reporting requirements as may be necessary to ensure effective implementation.
The Agency’s proposed amendments to the regulations issued under Sections 402(a), 402(c)(3), 404, and 407 fulfill these statutory mandates.
2(b) Practical Utility/Users of the Data
Public or Commercial Building Owners, Child-occupied Facility Operators, and Parents/Guardians
The owner of a public or commercial building containing a child-occupied facility must be provided with a lead hazard information pamphlet before any renovation in the child-occupied facility commences. In addition, if the child-occupied facility is not operated by the owner of the building, an adult representative of the child-occupied facility must also be provided with a lead hazard information pamphlet. The firm performing the renovation must make lead hazard information available to the parents and guardians of children frequenting the child-occupied facility. Information contained in this pamphlet may be used by building owners, child-occupied facility operators, and parents/guardians to take appropriate precautions to avoid the exposure of children under age six to lead-contaminated dust and lead-based paint debris that are sometimes generated during renovations.
EPA
This information collection will provide EPA with the materials necessary to authorize State renovation programs and to serve as the accrediting and certifying body in States without authorized programs, discussed further below.
EPA/States
This collection will enable EPA/States to determine compliance with and enforce the requirements for renovation-specific training, certification, accreditation, and work practice standards. Without this collection, there would be no meaningful way of ensuring the implementation of the statutory objective: to ensure that trained individuals perform renovations in such a way as to minimize potential harm to occupants. The proposal provides flexibility for individuals performing renovations, by relying on guidance and training to help renovators determine the best approaches to controlling leaded dust that may be created during renovation activities. The Agency believes this is the best method for accommodating a variety of renovation projects and site-specific conditions.
It is the nature of certification and accreditation that an entity seeking such must provide materials to the certifying or accrediting body. The materials the Agency/State requires for these activities are central to the activity. In addition, EPA will be relying on training provider notifications to keep track of which individuals have received accredited renovator training. This information will be a critical part of EPA’s compliance monitoring and enforcement activities.
It is also important to note that the re-accreditation requirements for training programs are meant to ensure that training programs incorporate new developments and technologies in their courses and that individuals receive training in them. The Agency believes this will ensure that individuals and firms perform renovation activities in the safest and most effective manner possible.
The records renovation firms would have to compile and retain are necessary as a reference for building owners/occupants, EPA or authorized entities. The records would demonstrate that individuals conducting the activities do so in a safe and effective manner, according to the minimum work practice standards established by the rule. These recordkeeping requirements are also necessary to permit the Agency to target its enforcement activities and to ensure compliance within the contracting and training community.
3. Nonduplication, Consultations, and Other Collection Criteria
3(a) Nonduplication
The Agency’s collection pursuant to the TSCA 402/404/407 regulations does not
duplicate any other collection. There is no other model program for lead-based paint activities and renovations, or associated State program approval process, and there are currently no other Federal requirements for the training and certification of individuals engaged in these activities, for the accreditation of training programs, required standards for the conduct of these activities, or lead hazard information distribution requirements for renovations in child-occupied facilities.
3(b) Public Notice Required Prior to ICR Submission to OMB
The supplemental notice of proposed rulemaking serves as the public notice for this ICR addendum. Interested parties should submit comments to the address listed at the end of this document. Responses will be taken into account in developing the final rulemaking.
3(c) Consultations
During the development of the proposed renovation regulations, the Agency has consulted with a broad range of interested parties, including States, training providers, renovation contractors, and advocacy groups. More information on EPA’s consultations with stakeholders can be found in the preamble to the 2006 proposal and the preamble to the supplemental notice. Summaries and transcripts of meetings with stakeholders can be found in the docket for the proposed rule.
3(d) Effects of Less Frequent Collection
Due to the nature of this regulation and its collection, less frequent collection is not feasible. In particular, each firm must obtain certification and re-certification, each training program must obtain accreditation and re-accreditation as well as provide specific notification and documentation prior to commencement and upon completion of each course, and each renovation activity is a separate and unique event requiring the distribution of lead hazard information and specific documentation. Program approval for States is a one-time activity, although there is ongoing reporting.
3(e) General Guidelines
This ICR is consistent with OMB’s general guidelines. The Agency is requiring that firms maintain records for three years. Authorized States report once a year for the first three years, and biannually thereafter.
EPA has proposed to apply the current recordkeeping requirements for lead-based paint activities training providers to training providers that wish to offer renovator or dust sampling technician courses. This recordkeeping requirement is three and one-half years. This is due to the interim certification period of six months following an individual completing lead-based paint activities training, which allows the individual time to apply to EPA/States to receive official certification. At such time, the individual remains certified for three years before he or she must obtain refresher training and re-certification. EPA wishes training providers to maintain records on a particular student for as long as the individual is certified following training, so three and one-half years is an appropriate period for the retention of such records. It is likely that most training providers that seek accreditation to offer renovator or dust sampling technician courses will already be accredited to offer lead-based paint activities courses. The Agency believes that a single recordkeeping period for these providers will be simpler and easier to administer.
3(f) Confidentiality
Neither the existing regulations nor the proposal address questions of a confidential nature.
3(g) Sensitive Questions
Neither the existing regulations nor the proposal address questions of a sensitive nature.
4. The Respondents and the Information Requested
4(a) Respondents/NAICS Codes/SIC Codes
Respondents to the existing rule include: 1) firms and individuals engaged in lead-based paint activities, 2) training programs providing training services in lead-based paint activities, and 3) State programs. Respondents for the reporting and recordkeeping requirements of the 2006 proposed amendments to the rule and the supplemental notice of proposed rulemaking for child-occupied facilities include: 1) firms and individuals engaged in residential renovations, 2) firms and individuals engaged in renovations in child-occupied facilities, 3)training programs providing training services in lead-based paint activities and renovations, and 4) State programs. The North American Industrial Classification System (NAICS) codes associated with industries most likely affected by the paperwork requirements covered in ICR 1715.07 and this ICR addendum are described below:
236118 Residential Remodelers
238210 Electrical Contractors
238220 Plumbing, Heating, and Air-Conditioning Contractors
238320 Painting and Wall Covering Contractors
238350 Finish Carpentry Contractors
238310 Drywall and Insulation Contractors
238170 Siding Contractors
238340 Tile and Terrazzo Contractors
238150 Glass and Glazing Contractors
238390 Other Building Finishing Contractors
238290 Other Building Equipment Contractors
531110 Lessors of Residential Buildings and Dwellings
531311 Residential Property Managers
541330 Engineering Services
541350 Building Inspection Services
611110 Elementary and Secondary Schools
611519 Other Technical and Trade Schools
624410 Child Day Care Services
4(b) Information Requested
The existing rule specifies reporting and record keeping for training providers and individuals/firms undertaking lead-based paint abatement activities. The 2006 proposal and the supplemental notice of proposed rulemaking would add reporting and record keeping for individuals/firms undertaking renovations in target housing and child-occupied facilities.
(i) Data Items
States
In order to obtain authorization from EPA to administer and enforce a program under section 404, States must prepare:
- A notice of intent to seek authorization; and
An application for authorization identifying the agencies responsible for implementation, administration, and enforcement of the program, and a description of the authority and responsibilities vested in such agencies.
States that receive authorization for lead-based paint activities programs under the existing rule and/or renovation programs under the proposed rule must submit to EPA a report summarizing implementation and enforcement activities, including a list of enforcement actions taken and any changes in content, administration, or enforcement of the State program.
Training Providers
To receive accreditation to provide lead-based paint activities courses under the existing rule or renovator or dust sampling technician courses under the proposals, training providers must submit the following documents to EPA/State, using either the EPA Form 747-B-98-003 entitled “Application and Instructions for Training Providers” or a similar form containing the required information:
An accreditation statement that clearly indicates how the training program meets the minimum requirements for accreditation; and
A quality control plan, which outlines procedures for periodic revision of training materials and exams, annual review of instructors, and adequacy of the training facilities.
Before giving a lead-based paint activity training course under the existing rule or a renovator or dust sampling technician course under the proposal, training providers must provide notification to the Agency, using either the sample form entitled “Lead-Based Paint Training Course Schedule” or a similar form containing the required information. Training providers may provide electronic submissions using the Agency’s Central Data Exchange (CDX) (secure internet based electronic submission of data). The initial notice must include the following:
Notification type (Original, Updated, Cancellation);
Training program name, EPA accreditation number, address, and phone number;
Course discipline, type (initial/refresher), and the language in which instruction will be given;
Date(s) and time(s) of training;
Training location(s) phone number, and street address;
Principal instructor’s name; and
Training manager’s name and signature.
Training providers must update the Agency regarding any changes to training dates, course locations, course cancellations, or other changes made to the original notice.
Following completion of lead-based paint activities, renovator, or dust sampling technician courses, training providers must provide notice using either the sample form, entitled “Lead-Based Paint Training Course Follow-Up” or a similar form containing the required information. Training providers may provide electronic submissions using the Agency’s CDX. The notice must include the following:
Training program name, EPA accreditation number, address, and phone number;
Course discipline and type (initial/refresher);
Date(s) of training;
The following information for each student who took the course:
Name
Address
Date of birth
Course completion certificate number
Student test score
Training manager’s name and signature
Training course providers must maintain the following records:
Records demonstrating the qualifications of the training manager and the principal instructor(s);
Current curriculum and course materials;
Course test blueprints;
Information on how hands-on assessments are conducted;
Quality control plan;
Results of students’ hands-on assessments and course test;
Record of each student’s course completion certificate.
Firms
To obtain certification to perform either lead-based paint activities under the existing rule or renovations under the 2006 proposal and the supplemental notice, firms must submit specific materials to EPA/State, using either the sample EPA Form 747-B-99-001 entitled “Application and Instructions for Firms” or a similar form containing the required information:
List of current permits, licenses, certifications, or registrations in the lead-based paint field held by the firm;
Explanation of any violations related to lead-based paint;
Certification statement that the firm will employ only properly certified or trained individuals and that its employees will follow the specified work practice standards.
On occasion, firms may later amend their application to add or modify information. Certified firms must apply for re-certification every three years.
Firms performing renovations in child-occupied facilities in public or commercial buildings must provide lead hazard information pamphlets to the building owners and child-occupied facility representatives and make them available to parents/guardians of children frequenting the facility. Firms must prepare and maintain documentation providing proof that pamphlets were provided to building owners and child-occupied facility representatives, or that an attempt was made to provide the pamphlets. Examples of such documentation include signed acknowledgment forms, self-certifications for failed deliveries, and postal receipts for mailings.
In addition, firms performing renovations would be required to maintain records demonstrating compliance with the proposed requirements for using certified renovators and properly trained workers, posting signs, containing the renovation work area, cleaning the renovation work area, and performing a post-renovation cleaning verification or dust clearance testing after the renovation activity has been completed.
(ii) Respondent Activities
The proposed rule specifies reporting and recordkeeping for authorized States, training providers, and individuals and firms undertaking renovations. The rule does not require specific forms or applications for submissions.
States seeking authorization for a renovation program will perform the following activities:
Read the regulations;
Compare any existing State program requirements to the minimum requirements of the Federal regulation;
Develop and adopt new legislation as necessary;
Develop and promulgate new regulations as necessary;
Publish a notice of intent to seek authorization and provide an opportunity for public hearing;
Prepare and submit to EPA an application for program approval;
Maintain program application availability for public inspection for up to one year after submission; and
Submit an annual report to EPA.
Training providers seeking accreditation for renovator or dust sampling technician courses will perform the following activities:
Read the regulations;
Prepare and submit an accreditation application to the accrediting entity;
Submit an initial and, if needed, amended notification of courses to be given;
Provide notice of completion of all courses offered;
Retain records; and
Provide accrediting entity access to records as requested.
Firms perform the following activities:
Read the regulations;
Submit applications for certification;
Provide lead hazard information pamphlets to building owners and child-occupied facility operators and make them available to parents/guardians; and
Prepare and retain records.
5. Agency Activities, Collection Methodology, and Information Management
5(a) Agency Activities
EPA will perform the following activities in response to the submittals required by this proposal:
Receive, review, and act on applications for authorization from States;
Receive, review, and file reports from authorized States;
Receive, review, and act on applications for accreditation from training providers;
Receive, review, and file initial, update, and course completion notices from training providers; and
Receive, review, and act on applications for certification from renovation firms.
5(b) Collection Methodology and Management
For purposes of this proposal, the Agency will make use of existing technology to simplify the application and notification process where possible. In addition to the more traditional methods (mail, commercial delivery service, or hand delivery), the Agency would accept fax and e-mail course notifications from training providers as well as notifications through the Central Data Exchange (CDX). E-mail notification would have to be followed by a written notification for the record, but the original e-mail notice would satisfy the applicable notification time requirements. In addition, firms may use CDX to apply for certification and re-certification.
5(c) Small Entity Flexibility
The Agency has attempted to ensure that its proposed regulatory requirements do not unduly burden small businesses. As part of the development process for the rule, the Agency convened a Small Business Advocacy Review Panel under the Regulatory Flexibility Act. More information on this Panel, as well as the Agency’s assessment of the impacts of the proposal on small businesses, can be found in the preamble to the 2006 proposal and the preamble to the supplemental notice.
5(d) Collection Schedule
For authorization, certification, and accreditation, collection activities will occur according to the following schedule:
States/Tribes may submit an application for program authorization at any time;
Training programs may apply to become accredited at any time;
Training programs must seek re-accreditation at four-year intervals following initial accreditation;
Firms may apply for certification at any time;
Firms must seek re-certification at three-year intervals following initial certification.
Firms must provide building owners and COF representatives with the renovation-specific pamphlet no more than 60 days prior to beginning a renovation project.
The Agency believes that receipt of notification 7 business days prior to conducting training courses is necessary to facilitate the inspection of training locations. The regulation also includes provisions for updating the original notification. The Agency determined that the time periods for initial notification will also apply to a change in course location, or if the course is to be presented earlier than described in the original notification. Other changes, including cancellation of courses, need only be received by the Agency at least 2 business days before a training course is scheduled to begin. Such notification periods are appropriate to allow proper allocation of EPA compliance monitoring and enforcement resources, and to prevent the arrival of Agency personnel at the wrong location or time.
6 ESTIMATING THE BURDEN AND COST
This section estimates the incremental burden of reporting and recordkeeping for the proposed renovation requirements under TSCA ' 402(c)(3) that pertain to renovations in child-occupied facilities. This burden is incremental to the burden already accounted for in EPA’s Supporting Statement for OMB Review under the Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. (EPA ICR No. 1715.06, OMB Control No:2070-0155) and the burden already accounted for in EPA’s Supporting Statement for OMB Review under the Paperwork Reduction Act: Proposed Rule Related Addendum to Existing EPA ICR entitled: TSCA '402/404 Training and Certification, Accreditation, and Standards for Lead-Based Paint Activities. (EPA ICR No. 1715.07, OMB Control No. 2070-0155).
The estimates of the number of entities subject to the proposed requirements and the burden were taken from the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. EPA evaluated a number of options in the development of the 2006 Proposal for renovation, repair, and painting activities in target housing. EPA also evaluated a number of similar options for this supplemental proposal for child-occupied facilities. The supplemental proposal would define a child-occupied facility as a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. In public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under 6, such as restrooms and cafeterias. Common areas that children under 6 only pass through, such as hallways, stairways, and garages are not included. In addition, for public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under 6.
The burden estimates in this ICR addendum are for the preferred option. Under the preferred option, the recordkeeping and reporting requirements would initially apply to all renovations for compensation in child-occupied facilities that are used by a child with an increased blood lead level and child-occupied facilities constructed before 1960. This phase, Phase One, would last one year, so this time period is referred to as year one in this analysis. EPA is proposing to phase in the applicability of this supplemental proposal to child-occupied facilities built in the years 1960 through 1977 in what is referred to as year two of this analysis. Burden and cost estimates are provided for three years. All costs are presented in year 2005 dollars.
Sections 6(a) and 6(b) estimate the respondents’ paperwork burdens and costs, respectively. Section 6(c) estimates EPA costs, section 6(d) summarizes the bottom line burden and costs, section 6(e) describes the reasons for changes in burden from the previous ICR, and section 6(f) presents the burden statement.
6(a) Estimating Respondent Burden
Two types of respondents will be affected by this information collection request: training providers and entities performing renovation, repair, and painting activities.1 The paperwork burden associated with reporting and recordkeeping for these two types of respondents is estimated separately. The reporting and recordkeeping burden estimates include the time associated with reviewing instructions, collecting the information needed to complete the form, and completing and sending the notification forms to the appropriate authority. The recordkeeping burden estimates include the time required for the respondent to copy and file a record of the information.
Training Providers
To comply with the Renovation, Repair, and Painting rule, training providers must gain accreditation and keep records on both the courses they provide and the students they train. They must notify EPA both before offering each course (to facilitate EPA’s enforcement activities) and after each course (so EPA has a record of the individuals who have completed the course).
The number of training providers that will become accredited as a result of the Residential LRRP Rule will have sufficient capacity to provide training for persons who wish to perform renovations in child-occupied facilities. Therefore, no additional training providers are expected to seek accreditation under the COF LRRP Rule. It is assumed that there will be 100 accredited training providers in the first phase of the regulation. Under the Residential Rule, more training providers are expected to become accredited to train the additional renovators that are predicted to become trained in order to handle the increased number of events under Phase Two of the proposal. It is assumed that 168 training providers will be accredited to provide lead RRP training in year two for persons wishing to perform renovations in child-occupied facilities. This yields an average of 145 accredited training providers each year over the three years covered by this ICR.
It is assumed that training providers will spend eight hours2 familiarizing themselves with the rule and determining the rule’s applicability to their services in the year that they receive initial accreditation. Training providers will spend an additional four hours of professional time and two hours of clerical time completing the accreditation statement in the year they receive initial accreditation, and every three years thereafter for re-accreditation. They will spend one additional hour of clerical time each year on annual recordkeeping associated with accreditation. Exhibit 6.1 presents the estimation of training provider burden for accreditation.
Under the proposed rule, pre-course notification would be required at least 7 business days prior to the start of a renovator or dust sampling technician course. Re-notification would be required if the course date changes. Within 10 days of course completion, training providers would be required to submit a post-course notification. The following sections discuss how the reporting and recordkeeping burden estimates in this analysis were developed. Exhibit 6.2 presents the estimation of training provider burden for course notifications.
This analysis assumes that training providers will complete a separate notification form for each renovator or dust sampling technician course conducted. The number of pre-course and post-course notification events was estimated by dividing the total number of students in a given year by an estimated average class size and the estimated number of training providers. (See the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule for details.) The number of notification events were rounded upwards to reflect the possibility that some courses will be under subscribed. There is one pre- and one post-notification for each training course, with an average burden of 0.15 and 1.54 hours each. (Post-notifications are more time consuming because the training provider must send records pertaining to each student who attended the course.) In addition, some courses may require re-notification. Re-notification events are calculated based on notification events in EPA’s Federal Lead-Based Paint Program (FLPP) database. Re-notifications are estimated to occur for approximately 12 percent of original pre-course notifications, and are also estimated to require 0.15 hours of time. Estimates of the amount of time required to complete the pre-course and post-course notification forms are determined in the Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities.
The training provider burden estimates described above also include the recordkeeping burden associated with filing a one page record of the notification form sent to the administering agency. An estimate of the amount of time needed to file a record was adopted from the Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities, and is estimated to be 0.01 hours per training event.
As presented below in Exhibit 6.3, this addendum estimates the burden attributable to renovations in child-occupied facilities for training providers in year one of the regulation to be 1,798 hours. In year two the burden for these training providers rises to 2,115 hours (as additional renovators are trained in response to Phase Two of the rule). In year three, the burden drops to 1,098 hours to reflect the decrease in the number of renovators needing training each year, since initial training is generally only needed for new entrants to the market and retraining is only required every three years. The average annual aggregate burden for these training providers over the three years covered by this ICR addendum is 1,670 hours, resulting in an average burden of 11.5 hours per year for each training provider.
Exhibit 6.1 Training Providers: Accreditation Burden Estimates |
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Number of Training Providers |
|
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|
Year 1 |
Year 2 |
Year 3 |
|
Receiving Initial Accreditation |
0 |
0 |
0 |
|
Receiving Re-Accreditation |
0 |
0
|
0 |
|
Not receiving Accreditation |
100 |
168 |
168 |
|
Total |
100 |
168 |
168 |
|
|
|
|
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Accreditation/Re-Accreditation Burden- Hours per Training Provider |
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|
Accreditation Year |
Re-Accreditation Year |
Other Years |
|
Rule Familiarization |
8 |
0 |
0 |
|
Accreditation Statement |
4 |
4 |
0 |
|
Clerical Time- Statement |
2 |
2 |
0 |
|
Clerical Time- Recordkeeping |
1 |
1 |
1 |
|
Total |
15 |
7 |
1 |
|
|
|
|
|
|
Total Accreditation Burden- Hours |
||||
|
Year 1 |
Year 2 |
Year 3 |
|
Rule Familiarization |
0 |
0 |
0 |
|
Accreditation Statement |
0 |
0 |
0 |
|
Clerical Time- Statement |
0 |
0 |
0 |
|
Clerical Time- Recordkeeping |
0 |
0 |
0 |
|
Total |
0 |
0 |
0 |
|
|
|
|
|
|
Note(s): Numbers may not calculate due to rounding. Re-accreditation occurs every three years. |
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Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. |
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||||||
|
|
|
|
|
|
|
Category |
Events per Training Provider |
Reporting Hours/Event |
Recordkeeping Hours/Event |
Total Hours/Event |
||
Year 1 |
Year 2 |
Year 3 |
||||
Pre-notification |
10 |
7 |
4 |
0.15 |
0.01 |
0.16 |
Re-notification |
1.2 |
0.9 |
0.5 |
0.15 |
0.01 |
0.16 |
Post-notification |
10 |
7 |
4 |
1.54 |
0.01 |
1.55 |
Annual Total |
22.0 |
15.4 |
8.0 |
|
|
|
|
|
|
|
|
|
|
|
|
Notification Burden Hours per Training Provider |
|
|||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
18 |
13 |
7 |
|
|
|
|
|
|
|
|
|
|
Training Providers per Year |
|
|
|||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
100 |
168 |
168 |
|
|
|
|
|
|
|
|
|
|
Total Notification Burden Hours per Year |
|
|
|||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
1,798 |
2,115 |
1,098 |
|
|
|
||||||
Note(s): Numbers may not calculate due to rounding. |
||||||
Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. |
||||||
Exhibit 6.3 Total Training Provider Burden |
||||
|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
|
Accreditation Burden |
0 |
0 |
0 |
|
Notification Burden |
1,798 |
2,115 |
1,098 |
|
Total Burden |
1,798 |
2,115 |
1,098 |
|
Note(s): Numbers may not calculate due to rounding. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. |
||||
Renovation, Repair, and Painting Firms: Certification-Related Burden
Under the supplemental proposal, renovation, repair, and painting (RRP) firms wishing to perform renovations in child-occupied facilities would be required to apply for certification. They would also be required to keep records reflecting RRP events performed by trained employees.
It is estimated that RRP firms will spend a total of three hours familiarizing themselves with the RRP rule’s requirements when they are initially certified. They will spend another half an hour filling out and mailing the Application for Firm Certification each time they are certified or re-certified. As shown in Exhibit 6.4, there are 1,402 professional contractors performing work in target housing COFs (referred to herein as “Pro”) and 22,979 entities performing work in commercial or public building COFs (referred to herein as “non-TH”) that will be certified in the first year. In the second year, 1,655 Pro entities will be certified (1,441 initial certifications and 214 re-certifications), and 26,827 non-TH entities will be certified (23,318 initial certifications and 3,509 re-certifications). In the third year, 858 Pro entities will be certified (464 initial certifications and 395 re-certifications), and 13,970 non-TH entities will be certified (7,544 initial certifications and 6,426 re-certifications). The number of firms certified each year are calculated in the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. There are an average of 2,188 Pro entities and 35,658 non-TH entities performing renovations in child-occupied facilities during the three year period covered by this ICR addendum.
Additionally, all RRP firms, regardless of whether they are applying for certification in a given year, will spend time keeping records of RRP work performed in child-occupied facilities. An estimate of the amount of time needed to file a record was adopted from the Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. On average, each Pro and non-TH entity will spend 5.2 hours on recordkeeping per year. The number of events per firm is estimated in the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule.
As presented below in Exhibit 6.4, this amendment estimates the burden for all firms performing renovations in child-occupied facilities in the first year of the proposed rule to be 12,197 hours for Pro entities and 199,919 hours for non-TH entities. The burden is estimated to be 18,598 hours for Pro entities and 302,205 hours for non-TH entities in year two (as additional firms are certified in response to Phase Two of the rule), before dropping to 15,212 hours for Pro and 247,557 hours for non-TH in year three (reflecting the decrease in the number of firms needing certification, since re-certification is only required every three years). There are an annual average of 15,336 burden hours for Pro and 249,894 burden hours for non-TH during the three year period covered by this ICR addendum. This yields an average burden of 7 hours per year for Pro and non-TH entities.
Exhibit 6.4 Firms: Certification Burden Estimates |
|||
|
|||
Number of Firms |
|
||
|
Year 1 |
Year 2 |
Year 3 |
Pro TH and All Public or Commercial Building COFs (Pro) |
|||
Receiving Initial Certification |
1,402 |
1,441 |
464 |
Receiving Re-Certification |
0 |
214 |
395 |
Subtotal: Firms Receiving Certification |
1,402 |
1,655 |
858 |
Not Receiving Certification |
0 |
931 |
1,717 |
Total |
1,402 |
2,586 |
2,575 |
Non-Target Housing (Non-TH) |
|||
Receiving Initial Certification |
22,979 |
23,318 |
7,544 |
Receiving Re-Certification |
0 |
3,509 |
6,426 |
Subtotal: Firms Receiving Certification |
22,979 |
26,827 |
13,970 |
Not Receiving Certification |
0 |
15,257 |
27,941 |
Total |
22,979 |
42,084 |
41,911 |
Certification/Re-Certification/Recordkeeping Burden- Hours Per Firm |
|||
|
Accreditation Year |
Re-Accreditation Year |
Other Years |
Rule Familiarization |
3 |
0 |
0 |
Certification Form |
0.5 |
0.5 |
0 |
Recordkeeping - Pro and non-TH |
5.2 |
5.2 |
5.2 |
Total - Pro and non-TH |
8.7 |
5.7 |
5.2 |
Total Certification/Recordkeeping Burden- Hours |
|||
Pro - Total Certification/Recordkeeping Burden - Hours |
|||
|
Year 1 |
Year 2 |
Year 3 |
Rule Familiarization |
4,206 |
4,323 |
1,391 |
Certification Form |
701 |
828 |
429 |
Recordkeeping |
7,290 |
13,447 |
13,392 |
Total |
12,197 |
18,598 |
15,212 |
Non-TH - Total Certification/Recordkeeping Burden - Hours |
|||
|
Year 1 |
Year 2 |
Year 3 |
Rule Familiarization |
68,938 |
69,955 |
22,632 |
Certification Form |
11,490 |
13,414 |
6,985 |
Recordkeeping |
119,492 |
218,837 |
217,940 |
Total |
199,919 |
302,205 |
247,557 |
Note(s): Numbers may not calculate due to rounding. Re-certification required every three years. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. |
Renovation, Repair, and Painting Firms – Burden Related to Pre-Renovation Education
The supplemental proposal extends the pre-renovation information dissemination requirements to renovation projects performed by contractors or landlords in commercial or public building COFs. This analysis assumes that all commercial and public building COF contractors will work both in COFs that rent space, and in those that own space. Landlords will only perform work in the buildings that they own.
The Pre-Renovation Education Rule requirements do not apply to events where a test kit indicates that lead-based paint is not present; therefore, it is assumed costs are incurred for events where LSWPs are used. The number of LSWP events performed by landlords and contractors in owner-occupied and rented COFs was calculated using the approach for estimating the total number of events performed by these entities, as described in detail in Appendix 4A to Chapter 4 of the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Appendix 4A estimated the percentage of events, by event and facility type, performed by landlords, contractors, and by the COFs themselves. These percentages are presented in Table 4A-8 of the Appendix. This analysis applies the percentages presented in Table 4A-8 to the numbers of LSWP events performed in each type of daycare facility (see Section 4.2 of Chapter 4) to estimate the number of events where contractors and landlords will need to distribute pamphlet(s) and obtain proof of pamphlet receipt prior to beginning renovation work.
As discussed in detail in Appendix 4A to Chapter 4 of the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule, 6,868 non-residential property manager or lessor firms are expected to rent space to COFs in pre-1960 buildings. A total of 13,224 firms are expected to rent space to COFs in pre-1978 buildings in the second year. Exhibit 6.5 presents the number of lessor/manager firms renting space to COFs and the numbers of LSWP events performed by these firms each year during the first three years of the rule (Option B; for a detailed explanation of the calculations, please see Appendix 4A of the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule).
Exhibit 6.5: Number of Non-Residential Property Manager Firms and Events Performed by these Firms |
|||
|
Year 1 |
Year 2 |
Year 3 |
Number of Lessor/Manager Firms |
6,868 |
13,224 |
13,170 |
Number of Events Performed |
4,912 |
2,707 |
2,696 |
Source(s): Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. |
|||
As discussed in the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule (see Appendix 4A to Chapter 4), under Option B, a total of 1,452 construction establishments are expected to perform 142,011 renovation events that require lead-safe work practices in commercial or public building COFs in the first year. In the second year, when the rule covers all pre-1978 buildings and a more reliable test kit becomes available, the number of certified contractors working in commercial or public building COFs is expected increase to 2,796, but the number of LSWP events performed by these contractors is estimated to decrease to 55,907.
Exhibit 6.6 presents the number of events performed by contractors in schools, in daycare centers that own their space, and in daycare centers that rent their space, in the first, second and third year of the rule. These calculations are based on estimates presented in Table 4A-8 of Appendix 4A of the Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule.
Exhibit 6.6: Number of Contractor Events by COF Type
Type of COF |
Number of Events Performed by Contractors |
||
Year 1 Option B (Pre-1960 Buildings Only) |
Year 2 Option B (All Pre-1978 Buildings) |
Year 3 Option B (All Pre-1978 Buildings) |
|
Public and Private Schoolsa |
82,258 |
32,124 |
31,992 |
Daycare Centers that Rent their Spaceb |
41,008 |
16,582 |
16,514 |
Daycare Centers that Own their Spacec |
18,744 |
7,202 |
7,172 |
Total in Owner-Occupied COFs |
123,267 |
48,705 |
48,506 |
Total in COFs that Rent Space |
18,744 |
7,202 |
7,172 |
Total Events |
142,011 |
55,907 |
55,678 |
|
|||
Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. |
|||
Landlords and contractors working in COFs that own their own space will need to prepare one set of acknowledgement and certification forms, distribute the pamphlet to the COF owner only, and obtain proof that the pamphlet was provided to the COF owner. Contractors working in COFs that are renting space will need to prepare two sets of acknowledgement and certification forms (one for the building owner, and the other for the COF owner), distribute the pamphlet to two individuals, and obtain proof that both individuals have received the pamphlet.
This analysis estimates the per-event burden of preparing acknowledgement and certification forms, distributing pamphlets, and obtaining proof of pamphlet receipt based on the Information Collection Request for the Lead-Based Paint Pre-Renovation Information Dissemination Rule (TSCA Sec. 406(b); EPA ICR No. 1669.04). In this ICR, it is estimated that contractors or landlords will need two minutes to prepare each set of acknowledgement and certification forms and an additional two minutes to deliver the pamphlet to each individual involved and obtain proof of pamphlet receipt. Furthermore, it is estimated that contractors will need a total of three minutes to file all of the signed acknowledgement forms or mailing certificates. Exhibit 6.7 presents total per-event burden estimates.
Exhibit 6.7: Per-Event Burden Estimates by Task (In Hours) |
||
Activity |
Burden Hours |
|
Landlord Event or Contractor Event in COF that Owns Space |
Contractor Event in COF that Rents Space |
|
Preparing Written Acknowledgement |
0.033 |
0.066 |
Photocopying of Pamphlet |
0.033 |
0.066 |
Distribution of Pamphlet |
0.033 |
0.066 |
Filing and Retaining Acknowledgement |
0.050 |
0.050 |
Total |
0.150 |
0.250 |
Sources: EPA ICR No. 1669.04 (2003) Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b).
|
||
Estimated Total Burden
Exhibit 6.8 presents the total burden and cost to respondents resulting from the extension of pre-renovation information dissemination requirements to commercial or public building COF events. Total respondent burden was estimated by multiplying the numbers of events in Exhibits Exhibit 6.5 and Exhibit 6.6 by the corresponding per-event burden estimates in Exhibit 6.7.
Exhibit 6.8: Total Burden and Cost Estimates |
|||
|
Year 1 |
Year 2 |
Year 3 |
Total Burden Hours |
|||
Landlords |
737 |
406 |
404 |
Contractors Performing Work in COFs Renting Space |
4,686 |
1,800 |
1,793 |
Contractors Performing Work in COFs that Own Space |
18,490 |
7,306 |
7,276 |
Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. EPA ICR No. 1669.04 (2003) Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b). |
|||
6(b) Estimating Respondent Costs
Introduction
The cost estimates addressed in this section are based on the burden estimates discussed in section 6(a). Wage rates for each category of personnel are based on wage rate information from the Bureau of Labor Statistics (BLS)3. Following are the wage rates used in this analysis, which are fully loaded (i.e., include fringe benefits and overhead), and are in 2005 US dollars4 :
Training Provider Clerical Time |
$23.54/hr |
Training Provider Professional Time |
$38.76/hr |
RRP Firm Wage Rate |
$31.64/hr |
Training Providers
The loaded wage rate for training provider clerical staff is $23.54 per hour. The loaded wage rate for professional training staff is $38.76 per hour. It is assumed that professional staff will familiarize themselves with the rule and will prepare the accreditation statement. Clerical staff will prepare and mail notifications and will perform recordkeeping activities. Training provider costs also include $0.37 per postage stamp and $0.02 per envelope for mailing notifications and $0.08 per one page copy of each notification for the firm’s records.
Exhibit 6.9 estimates the annual accreditation costs for training providers, and estimates the annual cost for notifications. As shown in Exhibit 6.11, this addendum estimates the total accreditation and notification costs attributable to renovations in child-occupied facilities for training providers in the first year of the rule to be about $43,364. In the second year of the rule the total cost for all such training providers rises to approximately $51,003 and then is cut in year three to $26,489. The average annual cost over the three years covered by the ICR addendum is $40,285. This yields an average cost of $277 per training provider.
Accreditation/Re-Accreditation Cost per Training Provider – 2005 Dollars |
|||
|
Accreditation Year |
Re-Accreditation Year |
Other Years |
Rule Familiarization |
$310.08 |
$0.00 |
$0.00 |
Accreditation Statement |
$155.04 |
$155.04 |
$0.00 |
Clerical Time- Statement |
$47.08 |
$47.08 |
$0.00 |
Clerical Time- Recordkeeping |
$23.54 |
$23.54 |
$23.54 |
Material Costs |
$0.55 |
$0.55 |
$0.00 |
Total Cost |
$536.29 |
$226.21 |
$23.54 |
Total Accreditation Cost - 2005 Dollars |
|||
|
Year 1 |
Year 2 |
Year 3 |
Rule Familiarization |
$0 |
$0 |
$0 |
Accreditation Statement |
$0 |
$0 |
$0 |
Clerical Time- Statement |
$0 |
$0 |
$0 |
Clerical Time- Recordkeeping |
$0 |
$0 |
$0 |
Material Costs |
$0 |
$0 |
$0 |
Total |
$0 |
$0 |
$0 |
Note(s): Numbers may not calculate due to rounding. |
|||
Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series. |
|||
Exhibit 6.10 Training Providers: Notification Cost Estimates |
|||||||
|
|
|
|
|
|
|
|
Category |
Events per Training Provider |
Reporting Cost/Event |
Recordkeeping Cost/Event |
Materials Cost/Event |
Total Cost/Event |
||
Year 1 |
Year 2 |
Year 3 |
|||||
Pre-notification |
10 |
7 |
4 |
$3.53 |
$0.24 |
$0.47 |
$4.24 |
Re-notification |
1.2 |
0.9 |
0.5 |
$3.53 |
$0.24 |
$0.47 |
$4.24 |
Post-notification |
10 |
7 |
4 |
$36.25 |
$0.24 |
$0.47 |
$36.96 |
|
|
|
|
|
|
|
|
|
|
Cost per Training Provider |
|
||||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
|
$434 |
$304 |
$158 |
|
|
|
|
|
|
|
|
|
|
|
|
Training Providers per Year |
|
|
||||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
|
100 |
168 |
168 |
|
|
|
|
|
|
|
|
|
|
|
|
Total Cost per Year |
|
|
||||
|
|
Year 1 |
Year 2 |
Year 3 |
|
|
|
|
|
$43,364 |
$51,003 |
$26,489 |
|
|
|
Note(s): Numbers may not calculate due to rounding. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series. |
|
Exhibit 6.11 Total Training Provider Burden- 2005 Dollars |
||||
|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
|
Accreditation Cost |
$0 |
$0 |
$0 |
|
Notification Cost |
$43,364 |
$51,003 |
$26,489 |
|
Total Cost |
$43,364 |
$51,003 |
$26,489 |
|
Note(s): Numbers may not calculate due to rounding. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series. |
||||
RRP Firms – Costs Related to Certification
The loaded wage rate for clerical staff at RRP firms is $31.64. In addition to labor costs, firm certification costs also include $0.37 per postage stamp and $0.02 per envelope for mailing notifications and $0.08 per one page copy of each notification for the firm’s records.
As presented below in Exhibit 6.12, based on the burden estimates provided in section 6(a) and the wage rates discussed above, this amendment estimates the costs associated with certification applications for all firms performing renovations in child-occupied facilities in the first year of the proposed rule to be $386,697 for Pro entities and $6,338,091 for non-TH entities. The notification cost is estimated to rise to $589,351 for Pro entities and $9,576,528 for non-TH entities in year two and then fall to $481,780 for Pro and $7,840,386 for non-TH in year three. The average annual cost for these entities is $485,943 for Pro and $7,918,335 for non-TH over the three years covered by this ICR addendum, resulting in an average cost per entity of $222 for Pro and non-TH entities per year.
Exhibit 6.12 Firms: Certification Cost Estimates |
|||
|
|||
Number of Firms |
|
||
|
Year 1 |
Year 2 |
Year 3 |
Pro TH and All Public or Commercial Building COFs (Pro) |
|||
Receiving Initial Certification |
1,402 |
1,441 |
464 |
Receiving Re-Certification |
0 |
214 |
395 |
Subtotal: Firms Receiving Certification |
1,402 |
1,655 |
858 |
Not receiving Certification |
0 |
931 |
1,717 |
Total |
1,402 |
2,586 |
2,575 |
Non-Target Housing (Non-TH) |
|||
Receiving Initial Certification |
22,979 |
23,318 |
7,544 |
Receiving Re-Certification |
0 |
3,509 |
6,426 |
Subtotal: Firms Receiving Certification |
22,979 |
26,827 |
13,970 |
Not receiving Certification |
0 |
15,257 |
27,941 |
Total |
22,979 |
42,084 |
41,911 |
Certification/Re-Certification/Recordkeeping Cost per Firm - 2005 Dollars |
|||
|
Accreditation Year |
Re-Accreditation Year |
Other Years |
Pro and Non-TH |
|||
Rule Familiarization |
$94.92 |
$0.00 |
$0.00 |
Certification Form |
$15.82 |
$15.82 |
$0.00 |
Recordkeeping |
$164.53 |
$164.53 |
$164.53 |
Material Costs |
$0.55 |
$0.55 |
$0.00 |
Total |
$275.82 |
$180.90 |
$164.53 |
Total Certification/Recordkeeping Costs - 2005 Dollars |
|||
|
Year 1 |
Year 2 |
Year 3 |
Pro TH and All Public or Commercial Building COFs (Pro) |
|||
Rule Familiarization |
$133,078 |
$136,787 |
$44,002 |
Certification Form |
$22,180 |
$26,185 |
$13,581 |
Recordkeeping |
$230,668 |
$425,469 |
$423,725 |
Material Costs |
$771 |
$910 |
$472 |
Total |
$386,697 |
$589,351 |
$481,780 |
Non-Target Housing (Non-TH) |
|||
Rule Familiarization |
$2,181,190 |
$2,213,370 |
$716,082 |
Certification Form |
$363,532 |
$424,408 |
$221,013 |
Recordkeeping |
$3,780,730 |
$6,923,996 |
$6,895,607 |
Material Costs |
$12,639 |
$14,755 |
$7,684 |
Total |
$6,338,091 |
$9,576,528 |
$7,840,386 |
Note(s): Numbers may not calculate due to rounding. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series. |
|||
In addition to the time needed to prepare acknowledgement forms and distribute the pamphlet, contractors and landlords will also incur the costs of either photocopying or purchasing the renovation-specific lead safety pamphlets. Based on per-page photocopy costs reported by Kinko’s, EPA estimates that a single pamphlet costs $0.56 to photocopy or purchase. Exhibit 6.13 presents resulting per-event pamphlet costs.
Exhibit 6.13 Number of Pamphlets and Pamphlet Cost per Event |
||
|
Event Type |
|
Landlord Event or Contractor Event in COF that Owns Space |
Contractor Event in COF that Rents Space |
|
Number of Pamphlets |
1 |
2 |
Cost per Pamphlet |
$0.56 |
$0.56 |
Total Pamphlet Cost/Event |
$0.56 |
$1.12 |
Sources: Kinko’s, Personal Communication. February 21, 2007. EPA ICR No. 1669.04 (2003) Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b). |
||
Exhibit 6.14 presents the estimated total costs of pre-renovation education to property lessors/managers and contractors performing work in commercial or public building COFs. To estimate total labor costs associated with pre-renovation education, the total burden estimates in Exhibit 6.8 were multiplied by the loaded wage rate for clerical staff ($31.64 per hour). Total pamphlet costs were estimated by multiplying the numbers of events in Exhibit 6.5 and Exhibit 6.6 by the corresponding pamphlet cost estimates in Exhibit 6.13.
Exhibit 6.14 Total Costs Associated with Pre-Renovation Education |
|||
Total Labor Cost |
|||
Landlords |
$23,312 |
$12,849 |
$12,796 |
Contractors Performing Work in COFs Renting Space |
$148,264 |
$56,965 |
$56,732 |
Contractors Performing Work in COFs that Own Space |
$585,024 |
$231,155 |
$230,208 |
Total Pamphlet Cost |
|||
Landlords |
$2,751 |
$1,516 |
$1,510 |
Contractors Performing Work in COFs Renting Space |
$20,993 |
$8,066 |
$8,033 |
Contractors Performing Work in COFs that Own Space |
$69,029 |
$27,275 |
$27,163 |
Total Cost |
|||
Landlords |
$26,062 |
$14,365 |
$14,306 |
Contractors Performing Work in COFs Renting Space |
$169,257 |
$65,031 |
$64,764 |
Contractors Performing Work in COFs that Own Space |
$654,053 |
$258,430 |
$257,371 |
Total, All Events |
$849,372 |
$337,827 |
$336,442 |
Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. EPA ICR No. 1669.04 (2003) Lead-Based Paint Pre-Renovation Information Dissemination - TSCA Sec. 406(b). U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series. Kinko’s, Personal Communication. February 21, 2007. |
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6(c) Estimating Agency Cost
There are also government costs to administer the program. States, Tribes, and Territories are allowed, but are under no obligation, to apply for and receive authorization to administer these proposed requirements. EPA will directly administer programs for States, Tribes, and Territories that do not become authorized. Because the number of States, Tribes, and Territories that will become authorized is not known, administrative costs are estimated assuming that EPA will administer the program everywhere. To the extent that other government entities become authorized, EPA’s administrative costs will be lower. States, Tribes, and Territories that choose to implement the rule themselves are expected to incur similar costs on a per-unit basis.
Under the preferred regulatory option, EPA will perform three tasks as part of administering the RRP program: accredit training providers, certify firms and process training provider notifications. To reduce the burden on the regulated community, EPA’s preferred option does not include formal certification for renovators or dust sampling technicians.
Accreditation and certification cost estimates are based on responses from nine states to a phone survey conducted in support of the TSCA §402(a)(3) “Fees Rule.” Data were collected from California, Illinois, Maine, Massachusetts, New Hampshire, Ohio, Rhode Island, Vermont, and Virginia. States were asked to provide the number of hours per applicant required to perform a variety of administrative tasks under the broader TSCA '402(a) lead abatement training and certification regulation. While TSCA §402(a) defines training and certification requirements for five different categories of lead abatement professionals, the type of administrative activities associated with the TSCA §402(a) rule are similar to those expected for the Renovation, Repair and Painting Rule.
The nine states provided information on the hours required to perform the following administrative activities:
Application Processing and Recordkeeping
Fee Transactions and Waivers;
Issuance of Accreditation/Certification Papers;
Public Assistance/Outreach;
Reporting;
Management; and
Auditing Training Courses for Training Provider Accreditation Only.
These data were used to estimate the costs of accrediting training providers and certifying firms. In each case, the amount of time necessary to implement the rule was calculated as the simple average of the hours reported by the nine states surveyed for the §402(a) rule. Hours are reported for three categories of workers: clerical, technical, and managerial. These hourly burden estimates were multiplied by wage rates for each job category to determine the per-entity cost of administering the rule.
Wage rates for administrative staff vary from region to region. EPA used the Office of Personnel Management’s General Salary Table 2005-GS to estimate government employee wage rates. The labor rates used were: $49.44 per hour for managerial staff (GS-13, Step 1), $34.69 per hour for technical staff (GS 11, Step 1), and $21.09 per hour for clerical staff (GS-6, Step 1)5. These wage rates were multiplied by the hourly time estimates to derive total unit costs for accreditation and certification.
Agency Cost of Accrediting Training Providers and Processing Training Notifications
The task of accrediting training providers includes approving curricula and quality assurance/quality control (QA/QC) programs for instructors, and maintaining a database of accredited training providers. The Renovation, Repair and Painting Rule requires that renovators receive formal training on lead-safe work practices from an accredited training provider. In addition, renovators are required to take a refresher course once every three years. EPA, in turn, must accredit training courses by reviewing the curriculum and ensuring that training providers have acceptable quality assurance/quality control (QA/QC) procedures in place to ensure quality instruction by every instructor. EPA will review and document all applications for accreditation, audit training courses, process fees and fee waivers, issue accreditation papers, perform public outreach and assistance, report to overseeing agencies or legislatures, and perform other general program management activities (i.e., budgeting). In addition, EPA will process notifications submitted by training providers prior to and following each course session.
Data on the time required to perform training accreditation activities were available from eight of nine states. The time required to administer the TSCA §402(a) program varies widely by state. In particular, the amount of time spent auditing training courses differs substantially among respondents. EPA used the simple average of time estimates for all eight responding states to determine the time required to process a single application in a typical state. EPA then adjusted the number of hours spent on auditing training courses to account for the fact that the Renovator course is shorter than the majority of initial abatement training courses. EPA estimates 12 FTE hours will be spent on auditing each training course.
The average time spent performing each of the seven administrative activities associated with accrediting training courses is shown in Exhibit 6.15. Notification processing time is assumed to be included in the Reporting hours estimate. It is assumed that the Agency will spend two minutes per training provider notification on processing. It is also assumed that the Agency will spend some portion of management time processing notifications. The total unit cost of processing notifications is $24 based on these estimates and the above labor rates.
Agency reporting and management costs will apply to all training providers in each year, regardless of whether or not it is an accreditation year. As shown in Exhibit 6.1, there will be no training providers accredited in any year as a result of the supplemental proposal to include child-occupied facilities. As shown in Exhibit 6.16, it will cost EPA $2,353 to process training provider notifications in the first year of the proposed rule as a result of the supplemental proposal including child-occupied facilities. Agency notification processing costs will be $3,953 in years two and three.
Exhibit 6.15 Agency Cost Per Unit for Accrediting Training Providers |
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|
Clerical Hrs. (GS-6, Step 1) |
Technical Hrs. (GS-11, Step 1) |
Managerial Hrs. (GS-13, Step 1) |
Unit Cost |
Application Processing and Recordkeeping |
1.94 |
17.3 |
0 |
$641 |
Auditing Training Courses |
0 |
12 |
0 |
$416 |
Fee Transactions and Waivers |
0.24 |
0 |
0 |
$5 |
Issuance of Accreditation Documents |
0.79 |
0 |
0 |
$17 |
Public Assistance/Outreach |
0 |
5.79 |
0 |
$201 |
Reporting |
0 |
2.16 |
0 |
$75 |
Other Management |
0 |
0 |
8.93 |
$441 |
Total |
2.97 |
37.25 |
8.93 |
$1,796 |
Portion of Cost Associated with Processing Training Provider Notifications |
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Reporting |
0 |
0.51 |
0 |
$18 |
Other Management |
0 |
0 |
0.12 |
$6 |
Total |
0 |
0.51 |
0.12 |
$24 |
Note(s): numbers may not calculate due to rounding. |
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Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. OPM 2005.
|
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Agency Costs of Certifying Renovation Firms
The Renovation, Repair and Painting Rule will require renovation establishments to submit a completed application and fee. For the purpose of estimating costs, it is assumed that EPA will review the certification statement for completeness, review the firm’s environmental compliance history, record the establishment’s information in a database, and mail a certification form to the establishment.
Data on the time required to perform establishment certification activities were available from six of nine states. The states of California, New Hampshire, and Ohio did not provide any information on the cost of certifying establishments under TSCA §402(a). The time required to administer the §402(a) program is reasonably consistent among states. The simple average of the six states’ data was used to determine the time required to certify an establishment in a typical state.
provides the average time spent performing six administrative activities associated with certifying establishments. The total unit cost of certifying establishments is $318 based on these estimates and the above labor rates.
Exhibit 6.17 Per Unit Costs of Certifying Renovation Establishments |
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|
Clerical (GS-6, Step 1) |
Technical (GS-11, Step 1) |
Managerial (GS-13, Step 1) |
Unit Cost* |
Application Processing and Recordkeeping |
0.21 |
1.49 |
0 |
$56 |
Fee Transactions and Waivers |
0.16 |
0 |
0 |
$3 |
Issuance of Accreditation Documents |
0.12 |
0 |
0 |
$3 |
Public Assistance/Outreach |
0 |
1.66 |
0 |
$58 |
Reporting |
0 |
1.58 |
0 |
$55 |
Other Management |
0 |
0 |
2.9 |
$143 |
Total |
0.49 |
4.73 |
2.9 |
$318 |
Note(s): numbers may not calculate due to rounding. Sources: Supplemental Economic Analysis for Child‑Occupied Facilities under the Lead Renovation, Repair and Painting Proposed Rule. Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. U.S. OPM 2005. |
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As described earlier in Exhibit 6.4, there are 1,402 Pro and 22,979 non-TH entities being certified in year one to perform renovations in child-occupied facilities, 1,655 Pro and 26,827 non-TH entities being certified or re-certified in year two, and 858 Pro and 13,970 non-TH entities being certified or re-certified in year three. As shown in Exhibit 6.18, based on these estimates, it will cost EPA $445,836 to certify Pro entities and $7,307,402 to certify non-TH entities to perform renovations in child-occupied facilities in the first year of the proposed rule. Agency firm certification costs attributable to renovations in child-occupied facilities in year two are $526,343 for Pro and $8,531,083 for non-TH. In year three, these costs are $272,992 for Pro and $4,442,614 for non-TH.
6(d) Bottom Line Burden Hours and Cost
The number of respondents attributable to renovations in child-occupied facilities is shown in Exhibit 6.19, and the number of responses in Exhibit 6.20. The respondent burden for the collection of notification information is shown in Exhibit 6.21. The average annual respondent burden over the first three years is estimated to be 281,200 hours. The average annual respondent cost for the collection of notification information is shown in Exhibit 6.22, and is estimated to be $8,952,443. The Agency cost is estimated to average $7,178,842 per year, as shown in Exhibit 6.23.
Exhibit 6.19 Number of Respondents |
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|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
Average |
Training Providers |
100 |
168 |
168 |
145 |
Firms - Pro |
1,402 |
2,586 |
2,575 |
2,188 |
Firms - Non-TH |
22,979 |
42,084 |
41,911 |
35,658 |
RRP Rule Total |
24,481 |
44,838 |
44,655 |
37,991 |
Exhibit 6.20 Number of Responses |
||||
|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
Average |
Training Provider Initial Accreditation |
0 |
0 |
0 |
0 |
Training Provider Initial Re-Accreditation |
0 |
0 |
0 |
0 |
Training Provider Notification |
2,205 |
2,593 |
1,347 |
2,048 |
Firm Initial Certification - Pro |
1,402 |
1,441 |
464 |
1,102 |
Firm Initial Certification - Non-TH |
22,979 |
23,318 |
7,544 |
17,947 |
Firm Re-Certification - Pro |
0 |
214 |
395 |
203 |
Firm Re-Certification - Non-TH |
0 |
3,509 |
6,426 |
3,312 |
RRP Rule Total |
26,586 |
31,075 |
16,176 |
24,612 |
Exhibit 6.21 Respondent Burden Hours |
||||
|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
Average |
Training Providers |
1,798 |
2,115 |
1,098 |
1,670 |
Firms - Pro |
12,197 |
18,598 |
15,212 |
15,336 |
Firms - Non-TH |
223,832 |
311,718 |
257,030 |
264,193 |
RRP Rule Total |
237,828 |
332,430 |
273,341 |
281,200 |
Exhibit 6.23 Agency Cost |
||||
|
|
|
|
|
|
Year 1 |
Year 2 |
Year 3 |
Average |
EPA |
$7,755,590 |
$9,061,378 |
$4,719,558 |
$7,178,842 |
The total burden in OMB’s inventory for the previous version of this ICR (EPA ICR No. 1715.06) is 440,813 hours. With the addition of the 1,259,418 hours in the first ICR addendum (EPA ICR No. 1715.07) and the 281,200 hours in this second ICR addendum (EPA ICR No. 1715.08), the total burden requested for this ICR will be 1,540,618 hours.
6(e) Reasons For Changes in Burden
This amendment would increase the average annual burden by 281,200 hours. This change is due to a supplemental notice of proposed rulemaking to add child-occupied facilities to the Lead Renovation, Repair, and Painting rule, which represents a program change.
6(f) Burden Statement
The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0155, is estimated to average approximately 11.5 hours for training providers at a cost of $277 per establishment. For firms engaged in regulated renovation, repair, and painting activities, the average annual burden is estimated to be about 7 hours for Pro and 8 hours for Non-TH at a cost of $222 per Pro entity and $260 per Non-TH entity. According to the Paperwork Reduction Act, A “burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. For this collection it includes the time needed to review instructions; develop, acquire, install and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above. In addition, the OMB control numbers for EPA’s regulation, after initial display in the final rule, are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-2005-0049, which is available for public viewing at the OPPT 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) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. An electronic version of the public docket is available through the Federal eRegulations Portal at www.regulations.gov. Use www.regulations.gov to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-2005-0049 in any correspondence.
1 The proposed rule allows for the training and use of a Sampling Technician perform dust clearance testing following a renovation instead of performing cleaning verification. Because dust clearance testing is substantially more expensive than the cleaning verification, EPA expects few buildings to have dust clearance testing performed. Since the frequency of dust clearance testing is expected to be low, and therefore not to have a significant cost impact, this analysis assumes that cleaning verification is always performed instead of dust clearance testing.
2 Time assumptions are based on information provided in EPA’s (2005) Supporting Statement for OMB Review under The Paperwork Reduction Act: TSCA Sections 402/404 Training, Certification, Accreditation and Standards for Lead-Based Paint Activities. (EPA ICR No. 1715.06, OMB Control No:2070-0155).
3U.S. Bureau of Labor Statistics. 2005. Occupational Employment Statistics Series.
4Firm Wage Rates were Inflated from 2004 US dollars to 2005 US dollars the BLS Employment Cost Index for the Construction Industry.
5These wage rates are fully loaded, and were calculated using the standard government multiplier of 1.6 to cover overhead and fringe benefits.
| File Type | application/msword |
| File Title | Supporting Statement for a Request for OMB Review |
| Author | Abt |
| Last Modified By | OPPT |
| File Modified | 2007-05-18 |
| File Created | 2007-05-18 |