Supporting Statement for a Request for
OMB Review under the Paperwork Reduction Act
Title: |
Lead Training, Certification, Accreditation and Authorization Activities |
EPA ICR No.: |
2507.05 |
OMB Control No.: |
2070-0195 |
Docket ID No.: |
EPA-HQ-OPPT-2017-0692 |
This ICR renewal will cover the information collection activities associated with the reporting and recordkeeping requirements for individuals, firms and state and local government entities conducting lead-based paint (LBP) activities or renovations of target housing and child-occupied facilities (COFs); training providers; and states/territories/tribes/Alaskan native villages.
IC Summary Table |
|||||
IC Category |
Respondents |
Annual Responses |
Responses/Respondent |
Annual Burden (hrs) |
Annual Cost |
IC 1: LBP Training Providers |
707 |
12,087 |
17 |
10,677 |
$737,264 |
IC 2: LBP firm activities |
6,204 |
18,611 |
5 |
46,681 |
$2,762,475 |
IC 3: LBP individual activities |
7,549 |
7,549 |
1 |
25,936 |
$1,286,775 |
IC 4: LBP Reports, Plans, Notifications and Recordkeeping |
17,593 |
679,190 |
39 |
567,438 |
$27,074,614 |
IC 5: RRP Training Providers |
690 |
33,121 |
48 |
14,847 |
$1,044,217 |
IC 6: RRP Firm Activities |
80,398 |
109,396 |
1 |
144,531 |
$8,554,181 |
IC 7: RRP Pamphlet and Checklists |
245,343 |
26,301,259 |
107 |
4,587,008 |
$269,517,320 |
IC 8: RRP Government Firms |
24,044 |
99,291 |
4 |
47,599 |
$4,785,543 |
IC 9: RRP & LBP Training Class time |
60,651 |
60,651 |
1 |
829,031 |
$44,404,229 |
Total Agency |
|
|
|
16,612 |
$2,112,955 |
Total Respondents |
441,034 |
27,321,155 |
n/a |
6,290,360 |
$362,279,573 |
The related legal authority is the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., with related requirements provided in 40 CFR part 745. The various applicable sections are provided in Attachment 1 and are briefly summarized here along with their implementing regulations, which are provided in Attachment 2.
TSCA section 401 defines target housing as any housing constructed before 1978, except housing for the elderly or disabled or 0-bedroom dwellings (unless any child who is less than 6 years of age resides or is expected to reside I, such housing).
TSCA section 402(a) and 402(c)(3) require U.S. Environmental Protection Agency (EPA) to develop and administer a training and certification program as well as work practice standards for persons who perform LBP activities and/or renovations. The current regulations in 40 CFR part 745, subpart E, cover work practice standards, recordkeeping and reporting requirements, individual and firm certification, and enforcement for renovations done in target housing or COFs. The current regulations in 40 CFR part 745, subpart L, cover inspections, lead hazard screens, risk assessments, and abatement activities (referred to as “LBP activities”) performed in target housing and COFs. The current regulations in 40 CFR part 745, subpart Q, establish the requirements that state or tribal programs must meet for authorization to administer the standards, regulations, or other requirements established under TSCA section 402. (Attachment 2).
TSCA section 406(b) requires the EPA to promulgate regulations applicable to all renovations of target housing or COFs performed for compensation, except as otherwise specified, at 40 CFR part 745, subpart E to provide a lead hazard information pamphlet (Attachment 3) to the owner and occupant of such housing no more than 60-days prior to commencing the renovation.
In addition, EPA has developed extensive guidance and other materials that are available at http://www.epa.gov/lead.
The following provides a general overview for requirements covered in this ICR for each entity:
Firms: Firms that wish to engage in renovations or lead-based paint activities (abatement) in target housing or COFs must obtain certification from EPA/states. This includes firms consisting only of one self-employed individual. To receive certification, a firm must prepare and submit an application to EPA/states (see Attachment 4). Firms that are certified to conduct renovations must re-certify every five years and firms that are certified to conduct lead-based paint activities must re-certify every three years.
The rule also requires firms to 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 COFs, the rule requires firms to provide the building owner and adult representative of the COF with a lead hazard information pamphlet. After providing the pamphlet to the owner and/or occupant and obtaining written acknowledgment, the firm must keep acknowledgment records on file for three years after completion of work (see Attachment 5 for an example). Renovation firms must also either (i) provide the lead hazard information pamphlet and general information on the renovation to parents or guardians of children under age 6 using the facility, or (ii) erect signs that provide general information on the renovation accompanied by the pamphlet or information on how to obtain a copy of it. EPA’s 2011 rule regarding clearance testing for the RRP program (Clearance Final Rule, 76 FR 47918, Aug. 5, 2011) modified some of the mandatory work practices for firms but did not impose any additional reporting or recordkeeping requirements on firms.
In addition, under TSCA section 406(b), firms that perform renovations of target housing or COFs for compensation, except as otherwise specified, at 40 CFR part 745, subpart E, must provide a lead hazard information pamphlet (developed under section 406(a) of TSCA) to the owner and occupant of such housing no more than 60-days prior to commencing the renovation. The firm performing renovations also must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet (section 745.84(b)(3)). If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice (section 745.84(b)(4)). Firms must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing or COFs.
Individuals: Individuals who wish to perform LBP activities in target housing or COFs must also receive certification from EPA or state. To obtain certification, an individual must complete an accredited training course and receive a course completion certificate, pass a third-party certification exam, and meet specific education/experience requirements. Individuals who wish to perform renovations in target housing or COFs acquire certification once they complete a renovator course and pass a final exam.
Individuals certified to perform LBP activities must take a refresher course and apply for re-certification every three years (five for individuals who have passed a proficiency test as part of their training) (see Attachment 6). Renovators will need to complete a renovator refresher course every 3 or 5 years, depending on whether or not their previous course had a hands-on component. Renovators who take a refresher course online must recertify within 3 years, while those who take an in-person course must recertify within 5 years. Individuals who take the renovator refresher without hands-on training must, for their next refresher course, take a refresher course that includes hands-on training to maintain renovator certification. The rule also requires individuals to develop records of the LBP activities and renovations they undertake to demonstrate compliance with standards and provide a written record for future reference. These notification and recordkeeping requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections.
Training providers: Training programs seeking to offer training for inspectors, risk assessors, project designers, abatement supervisors, abatement workers, renovators or dust sampling technicians must obtain EPA/state accreditation. In order for EPA or states to have the information necessary to evaluate and accredit the training programs, training providers must prepare and submit application packages (see Attachment 7). Training providers who wish to provide LBP training online must apply for an additional accreditation. This requires the submission of an application, supporting materials (including access to the online curriculum) along with the required fee. An expedited process is available if a trainer is seeking to provide E-learning training for a discipline they are already accredited to teach in person. This expedited process is only available if the trainer is using an e-learning curriculum already approved by EPA. An expedited application requires a cover letter; a training provider application to amend their accreditation; and an online course quality control (QC) plan that addresses the required E-learning course specifications.
Once accredited, if there are any changes in the information submitted on the application, the training provider must submit an amendment to EPA/states, as applicable. Training programs also must maintain certain records related to their students and the qualifications of their training personnel. Training programs are required to notify EPA (i) prior to providing training courses, and (ii) following completion of training courses. These notification requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information to track compliance activity and to prioritize inspections. Training programs must apply for re-accreditation every four years.
States: Under TSCA section 404, EPA must review and assess state submissions to determine whether to grant authorization to administer the LBP activities or renovation, repair, and painting program. A state seeking authorization will need to provide information to EPA to determine whether its program is at least as protective of human health and the environment as the federal program and whether it provides adequate enforcement. Authorized States need to provide a report to EPA on their activities.
Sections 402(a) and 402(c)(3) of TSCA require reporting and/or recordkeeping from states/territories/tribes/Alaskan native villages (in this supporting statement, the term “states” includes territories/tribes/villages).
The information collection activities covered by this ICR are necessary components of the Lead Program established under the TSCA mandates discussed in Question 1 of this supporting statement.
The re-certification and re-accreditation requirements for training programs are meant to ensure that training programs incorporate new developments and technologies in their courses and provide training to individuals. EPA believes this will ensure that individuals and firms conduct renovations and LBP activities in the safest and most effective manner possible.
The application from states seeking to administer and enforce the standards, regulations, or other requirements established under Section 402 is necessary for EPA to determine whether “. . . 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.” Regulations promulgated under the authority of section 406(b) of TSCA ensure that owners and occupants of target housing are provided information concerning potential hazards of LBP exposure before certain renovations are begun on that housing. EPA 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.
Recordkeeping and reporting requirements are necessary to ensure effective implementation.
Owners/Occupants of target housing and COFs, COF operators, and parents/guardians. The owner/occupant of target housing or a COF must be provided with a lead hazard information pamphlet before any renovation commences. If the COF is not operated by the owner of the building, an adult representative of the COF must also be provided with a lead hazard information pamphlet. Parents and guardians of children using COFs must be provided with general information on the renovation, as well as the pamphlet, or information on how to obtain a copy of the pamphlet.
Information contained in this pamphlet may be used by homeowners/occupants, public or commercial building owners, COF operators, and parents or guardians to take appropriate precautions to minimize the exposure of children to LBP hazards created by renovations. Parents and guardians may also use general information about the renovation for the purpose of minimizing the exposure of their children to LBP hazards created by renovations.
The record of compliance serves as a crucial piece of information in civil actions to establish liability.
EPA. This information collection provides EPA with materials necessary to authorize state renovation and LBP activities programs and to serve as the accrediting and certifying body in states without authorized programs (discussed further below).
EPA/States. This information collection enables EPA/states to determine compliance with and enforce the requirements for training, certification, accreditation, and work practice standards for renovations and LBP activities. Without this information collection, there would be no meaningful way of ensuring the implementation of the statutory objective: to ensure that trained individuals conduct renovations and LBP activities in such a way as to minimize potential harm to occupants.
It is the nature of certification and accreditation that an entity seeking such must provide materials to the certifying or accrediting body. The materials EPA/states require for these activities are central to the activity. In addition, EPA will be relying on training provider notifications to keep track of which individuals have received accredited renovator training. This information will be a critical part of EPA’s compliance monitoring and enforcement activities.
The re-certification and re-accreditation requirements for individuals and training programs are meant to ensure that training programs incorporate new developments and technologies in their courses to provide adequate training to individuals. EPA believes this will ensure that individuals and firms conduct renovations and LBP activities in the safest and most effective manner possible.
The records individuals and firms must compile and retain are necessary as a reference for building owners/occupants, EPA or authorized entities. These records demonstrate that the activities are done in a safe and effective manner, according to the minimum work practice standards established by the rules. These recordkeeping requirements are also necessary to permit EPA to target its enforcement activities and to ensure compliance within the contracting and training community.
EPA will make use of existing technology to simplify the application and notification processes where available. EPA receives approximately 99.8% of notifications through EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/), but also allows notification through the more traditional methods (via fax, mail, commercial delivery service, or hand delivery). In addition, training providers, firms, and lead abatement individuals typically use CDX to apply for certification and re-certification.
EPA’s information collection pursuant to the TSCA sections 402, 404, 406, and 407 regulations do not duplicate any other collection. There are other federal programs for LBP activities and renovations however, EPA is the only federal program for training individuals to become certified to perform LBP activities and renovations work. 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 target housing or COFs.
Due to the nature of the renovation and LBP activities regulations and their related information collection activities, each activity is a separate and unique event requiring specific notification and documentation. Therefore, achieving less frequent collection would require revising the regulations that require those events. Under the renovation and LBP activities regulations, individuals and firms must obtain certification and re-certification, each training program must obtain accreditation and re-accreditation as well as specific notification and documentation prior to commencement and upon completion of each LBP activity and renovation course. EPA’s final rule in 2016 (Lead-based Paint Programs: Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements Final Rule, 81 FR 7987, Feb. 17, 2016) revised the renovator training notification requirements to require notifications less frequently for renovator refresher trainings without a hands-on component, and therefore resulted in less frequent information collection activities. Program approval for states is a one-time activity, although there is ongoing reporting. EPA believes further revisions to regulations that would result in less frequent collection are not appropriate at this time.
The TSCA section 406(b) information distribution requirements at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.
EPA believes that the regulatory requirements do not unduly burden small businesses. The certification process for firms and individuals is very simple. EPA allows flexibility in the way that information is prepared and presented, in that EPA’s CDX is used in nearly all instances, and faxed notifications are also permitted. In addition, as part of the development process for the 2008 rule for renovation, repair, and painting (RRP) program (RRP Final Rule, 78 FR 21692, April 22, 2008), EPA convened a Small Business Advocacy Review Panel under the Regulatory Flexibility Act. More information on the Panel, and EPA’s assessment of the impacts on small businesses, can be found in the preamble to the RRP final rule. The Clearance final rule imposed minimal additional burden on the estimated 159 small business training providers affected.
In promulgating the regulations at 40 CFR part 745, subpart E, EPA attempted to minimize the TSCA section 406(b) reporting and recordkeeping burden for both large and small regulated entities. While small businesses constitute most 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.
a) requiring respondents to report information to the agency more often than quarterly;
b) requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
c) requiring respondents to submit more than an original and two copies of any document;
d) requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
e) in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
f) requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
g) that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
h) requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
This ICR is consistent with OMB’s general guidelines. Firms are required to maintain records for three years and training providers to maintain records for three and one-half or five years. Authorized States must report once a year for the first three years, and biannually thereafter. The Clearance final rule requires training providers to maintain records of renovation and dust sampling technician training courses for five years, because five years is the length of the refresher training cycle for certified renovators and dust sampling technicians.
The TSCA section 406(b) information distribution requirements at 40 CFR part 745, subpart E do not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.5.
Pursuant to 5 CFR 1320.8(d), EPA published a notice in the Federal Register on April 26, 2023, (88 FR 25401; FRL-10561-01-OCSPP), announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
The EPA also consulted 9 stakeholders, specifically asking them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR (Attachment 8). The stakeholders consulted were:
Andersen Windows
BBC Builders
Environmental Education Associates
House of Hanbury Builders Inc
JT Smith Companies
Men at Work Chicago
Milwaukee Lead/Asbestos Info Center, division of Midwest Certified Training Inc.
NOVA Environmental, Inc.
Pella Corporation
The Agency did not receive any comments from the nine entities.
This question is not applicable to this ICR.
The information submitted under the Lead-Based Paint Activities and Renovation, Repair, and Painting programs is managed through the use of the Federal Lead-Based Paint Program (FLPP) database. Pursuant to the provisions of the Privacy Act of 1974, EPA published a System of Record Notice for the database. The Agency uses the FLPP Database to manage and store information related to the application process for the accreditation of training providers and the certification of firms and individuals who perform abatement and renovation repair and painting activities. More information can be found at https://www.federalregister.gov/documents/2022/10/19/2022-22271/privacy-act-of-1974-system-of-records.
Since the TSCA section 406(b) information distribution requirements at 40 CFR part 745, subpart E involve only recordkeeping and 3rd-party notifications, EPA does not believe that respondents submit any information to EPA or that, in doing so, would assert a confidentiality claim for information collected under this ICR. However, to the extent information submitted by respondents is business confidential, procedures are in place to protect the information from improper disclosure consistent with section 14 of TSCA; 40 CFR part 2, subpart B; and 40 CFR 745.84.
This information collection does not include questions of a sensitive nature.
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’
The LBP activities and RRP regulations specify reporting and recordkeeping for training providers and individuals/firms undertaking LBP activities and/or renovations in target housing and COFs. For each respondent category that follows, this section of the ICR uses the North American Industrial Classification System (NAICS) codes associated with industries that are most likely affected by the paperwork requirements and describes the respondents, the information collection activities and related estimates for burden and costs associated with those activities. Though EPA accepts notification through traditional methods (via fax, mail, commercial delivery service, or hand delivery), this analysis makes the simplifying assumption that all reporting to EPA described in IC #1 through IC #5 is electronic in nature. As of FY2022, greater than 99.8% of firms providing notification to EPA did so using the agency’s electronic reporting option. Furthermore, EPA expects to transition to solely electronic reporting within the time period covered by this ICR.
Respondent NAICS Codes:
611513 Apprenticeship Training
611519 Other Technical and Trade Schools
611699 All Other Miscellaneous Schools and Instruction
To receive accreditation to provide LBP activities, training providers must submit the following documents to EPA/states electronically using EPA’s CDX (or using the associated sample EPA Form 8500-25, entitled “Accreditation Application for Training Programs” – see Attachment 7). Training providers are required to include documentation of training manager and principal instructor qualifications with their accreditation applications. In addition, if training providers wish to use course materials approved by Authorized State Programs, the providers must submit copies of the course materials along with their applications. On occasion, training providers may later amend their accreditation application to add or modify information. Accredited training providers must apply for re-accreditation every four years.
Before giving an LBP activity training, training providers must provide notification to EPA using EPA’s CDX (or using the associated sample form entitled “Lead-Based Paint Activities and Renovation Training Notification” – see Attachment 9).
Training providers must update EPA regarding any changes to training dates, course locations, course cancellations, or other changes to the original notice. Following completion of LBP activities training providers must provide notice using EPA CDX system to submit the information electronically (or using the associated sample form entitled “Lead-Based Paint Activities and Renovation Post-Training Notification” – see Attachment 10).
Training course providers must maintain records of the qualifications of key staff, current course materials, a quality control plan, results of hands-on assessments and course tests and a record of each student’s course completion certificate. Providers of e-learning courses are required to maintain records on each student’s course log-ins, launches, progress, and completion.
Training course providers must maintain records of the qualifications of key staff, current course materials, a quality control plan, results of hands-on assessments and course tests and a record of each student’s course completion certificate.
Providers of e-learning courses are required to maintain records on each student’s course log-ins, launches, progress, and completion.
IC# 1. LBP training provider accreditation applications, training notifications, and recordkeeping |
|||||||||
Citation: 40 CFR 745 |
|||||||||
Data Element |
Form |
Profess hrs/ Response |
Clerical hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
LBP activity training providers / initial accreditation / reporting |
8500-25 |
23.4 |
3.8 |
150 |
150 |
4,080 |
$272,280 |
$0 |
$272,280 |
LBP activity training providers / renewal accreditation / reporting |
8500-25 |
3.9 |
2.2 |
271 |
271 |
1,436 |
$97,215 |
$0 |
$97,215 |
LBP activity training providers / pre-training notification / reporting |
Training Notification |
0 |
- |
707 |
4,949 |
990 |
$71,016 |
$0 |
$71,016 |
LBP activity training providers / pre-training re-notification / reporting |
Training Notification |
0.2 |
- |
707 |
2,121 |
424 |
$30,436 |
$0 |
$30,436 |
LBP activity training providers / post-training notification / reporting |
Post-Training Notification |
0.6 |
- |
707 |
3,182 |
1,909 |
$136,960 |
$0 |
$136,960 |
LBP training providers / recordkeeping |
8500-25 |
- |
0.1 |
707 |
707 |
71 |
$2,536 |
$7 |
$2,543 |
LBP Training Provider CDX registration and usage |
|
2.5 |
- |
707 |
707 |
1,768 |
$126,815 |
$0 |
$126,815 |
Total |
707 |
12,087 |
10,677 |
$737,257 |
$7 |
$737,264 |
|||
Respondent NAICS Codes:
562910 Remediation Services
To obtain firm certification to perform LBP activities in target housing or COFs, firms must submit specific materials to EPA/states, using EPA’s CDX (or using the associated EPA form 8500-27, “Application for Firms to Conduct Lead-based Paint Activities or – see Attachment 4).
Firms may later amend their applications to add or modify information. LBP activities firms must be recertified every three years.
Firms seeking certification for LBP activities must perform the following activities:
Read the regulation
Submit an application
Retain records of individuals that conduct LBP activities and ensure that the firm and its employees follow the work practice standards in 40 CFR 745.227.
IC# 2. LBP activity firm certification activities |
|||||||||
Citation: 40 CFR 745 |
|||||||||
Data Element |
Form |
Profess hrs/ Response |
Clerical hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
LBP activity firms / initial certification / reporting |
EPA Form 8500-27 |
7.5 |
- |
3,634 |
3,634 |
27,255 |
$1,613,714 |
$0 |
$1,613,714 |
LBP activity firms / renewal certification / reporting |
EPA Form 8500-27 |
1.5 |
- |
2,569 |
2,569 |
3,854 |
$228,158 |
$0 |
$228,158 |
LBP firms / certification / recordkeeping |
EPA Form 8500-27 |
- |
0.01 |
6,204 |
6,204 |
62 |
$2,225 |
$62 |
$2,287 |
LBP firms CDX registration and usage |
|
2.5 |
- |
6,204 |
6,204 |
15,510 |
$918,316 |
$0 |
$918,316 |
Total |
6,204 |
18,611 |
46,681 |
$2,762,413 |
$62 |
$2,762,475 |
|||
Respondent NAICS Codes :
562910 Remediation Services
Individuals who wish to perform LBP activities in target housing or COFs must also receive certification from EPA/states.
To obtain certification, an individual must complete an accredited training course and receive a course completion certificate, pass a third-party certification exam, meet specific education/experience requirements, and demonstrate this to EPA/states.
Individuals certified to perform LBP activities must take a refresher course and apply for re-certification every three years (five for individuals who have passed a proficiency test as part of their training). The rule also requires individuals to develop records of the LBP activities they undertake to demonstrate compliance with standards and provide a written record for future reference. These notification and recordkeeping requirements are necessary to provide EPA compliance monitoring and enforcement personnel with information necessary to track compliance activity and to prioritize inspections.
IC# 3. Individuals performing LBP abatement activities; certification and accreditation / reporting and recordkeeping |
||||||||
Citation: 40 CFR 745 |
||||||||
Data Element |
Form |
Ave hrs/ response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
Individuals performing LBP abatement activities; certification and accreditation / reporting and recordkeeping & CDX registration |
EPA 747-B-99-002 |
3.4 |
7,549 |
7,549 |
25,936 |
$1,286,775 |
$0 |
$1,286,775 |
Respondent NAICS Codes:
562910 Remediation Services
In the performance of LBP activities, firms/individuals must complete and retain a number of reports (contingent on the activity conducted), including an inspection report, a lead hazard screen report, a risk assessment report, an occupant protection plan, and an abatement report.
Certified firms must notify EPA prior to beginning LBP abatement activities (except in emergency situations) and provide an updated notice if needed, using electronic submissions via EPA’s CDX (or the associated sample form entitled “Notification of Lead-Based Paint Abatement Activities” – see Attachment 11).
IC# 4. LBP activity firm pre-abatement reports and occupant protection plans, abatement activity notifications, post-abatement reports and recordkeeping |
|||||||||
Citation: 40 CFR 745 |
|||||||||
Data Element |
Form |
Profess hrs/ Response |
Clerical hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
LBP activity firms / evaluation reports / reporting |
None |
1.8 |
- |
17,593 |
281,488 |
506,678 |
$23,913,194 |
$0 |
$23,913,194 |
LBP activity firms / post-abatement report / reporting |
None |
1.9 |
- |
17,593 |
17,593 |
33,427 |
$1,430,796 |
$0 |
$1,430,796 |
LBP activity firms / occupant protection plan / reporting |
None |
0.9 |
- |
17,593 |
17,593 |
15,834 |
$1,258,589 |
$0 |
$1,258,589 |
LBP activity firms / pre-abatement notifications / reporting |
Notification of Lead-Based Paint Abatement Activities |
0.4 |
- |
17,593 |
17,593 |
7,037 |
$301,220 |
$0 |
$301,220 |
LBP firms / reports / recordkeeping |
None |
- |
0.01 |
17,593 |
334,267 |
3,343 |
$119,895 |
$3,343 |
$123,238 |
LBP activity firms / pre-abatement re-notifications / reporting |
Notification of Lead-Based Paint Abatement Activities |
0.20 |
- |
5,328 |
5,328 |
1,066 |
$45,612 |
$0 |
$45,612 |
LBP Firms / re-notifications / recordkeeping |
Notification of Lead-Based Paint Abatement Activities |
- |
0.01 |
5,328 |
5,328 |
53 |
$1,911 |
$53 |
$1,964 |
Total |
17,593 |
679,190 |
567,438 |
$27,071,218 |
$3,396 |
$27,074,614 |
|||
Respondent NAICS Codes:
611513 Apprenticeship Training
611519 Other Technical and Trade Schools
611699 All Other Miscellaneous Schools and Instruction
Training programs seeking to offer training for renovators or dust sampling technicians must obtain EPA/state accreditation. For EPA/states to have the information necessary to evaluate and accredit the training programs, training providers must prepare and submit application packages (see Attachment 7). Once accredited, if there are any changes in the information submitted on the application, the training provider must submit an amendment to EPA or the state, as applicable. Training programs also must maintain certain records related to their students and the qualifications of their training personnel. Training programs are required to notify EPA (i) prior to providing training courses, and (ii) following completion of training courses. Training programs must apply for re-accreditation every four years.
IC# 5. RRP training provider accreditation applications, training notifications, and recordkeeping |
|||||||||
Citation: 40 CFR 745 |
|||||||||
Data Element |
Form |
Profess hrs/ Response |
Clerical hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
RRP training providers / initial accreditation / reporting |
EPA Form 8500-25 |
23.6 |
4.0 |
55 |
55 |
1,518 |
$101,020 |
$0 |
$101,020 |
RRP training providers / reaccreditation / reporting |
EPA Form 8500-25 |
8.0 |
1.4 |
212 |
212 |
1,993 |
$132,330 |
$0 |
$132,330 |
Accredited Cohort Rule Familiarization Maintenance |
None |
2.0 |
- |
424 |
424 |
848 |
$60,842 |
$0 |
$60,842 |
RRP training providers / pre-training notification / reporting |
Training Notification |
0.2 |
- |
690 |
13,800 |
2,760 |
$198,024 |
$0 |
$198,024 |
RRP training providers / pre-training re-notification / reporting |
Training Notification |
0.2 |
- |
690 |
11,040 |
2,208 |
$158,420 |
$0 |
$158,420 |
RRP training providers / post-training notification / reporting |
Post-Training Notification |
0.6 |
- |
690 |
6,210 |
3,726 |
$267,333 |
$0 |
$267,333 |
RRP training providers / recordkeeping |
None |
- |
0.1 |
690 |
690 |
69 |
$2,475 |
$7 |
$2,482 |
CDX Registration & Usage |
None |
2.5 |
- |
690 |
690 |
1,725 |
$123,765 |
$0 |
$123,765 |
Total |
690 |
33,121 |
14,847 |
$1,044,210 |
$7 |
$1,044,217 |
|||
Respondent NAICS Codes:
236115 Single Family Housing Construction
236116 Multifamily Housing Construction
236210 Manufacturing and Industrial Building Construction
236220 Commercial and Institutional Building Construction
238220 Plumbing, Heating, and Air-Conditioning Contractors
238320 Painting and Wallpapering
238210 Electrical Contractors
238140 Masonry and Stone Contractors
238310 Drywall, Plastering, Acoustical, and Insulation Contractors
238340 Tile (except resilient) Contractors
238350 Carpentry Contractors
238330 Floor Laying and Other Floor Contractors
238160 Roofing, Siding, and Sheet Metal Contractors
238110 Concrete Contractors
213111 Water Well Drilling Contractors
238120 Structural Steel Erection Contractors
238210 Electrical Contractors and Other Wiring Installation Contractors
238910 Excavation Contractors
238910 Wrecking and Demolition Contractors
238290 Other Building Equipment Contractors
238390 Building Fixture and Fitting (except mechanical equipment) installation
236118 Residential Remodelers
238150 Glass and Glazing Contractors
238170 Siding Contractors
238210 Electrical Contractors
238220 Plumbing, Heating, and Air-Conditioning Contractors
238290 Other Building Equipment Contractors
238310 Drywall and Insulation Contractors
238340 Tile and Terrazzo Contractors
238350 Finish Carpentry Contractors
238390 Other Building Finishing Contractors
531110 Lessors of Residential Buildings and Dwellings
531190 Lessors of Other Real Estate Property
531311 Residential Property Managers
531390 Other Activities Related to Real Estate
541330 Engineering Services
541350 Building Inspection Services
562910 Remediation Services
611110 Elementary and Secondary Schools
611699 All Other Miscellaneous Schools and Instruction
624410 Child Day Care Services
Firms that wish to engage in LBP renovations in target housing or COFs must obtain certification from EPA/states. This includes firms consisting only of one self-employed individual, and property management companies, building owners, private schools and daycare centers performing work with their own employees. To obtain firm certification firms must submit specific materials to EPA/states, using EPA’s CDX (using the associated EPA form 8500-27, “Application for Firms to Conduct Lead-based Paint Activities or Renovations” – see Attachment 4).
IC# 6. Private RRP firm certification activities |
|||||||||
Citation: 40 CFR 745 |
|||||||||
Data Element |
Form |
Profess hrs/ Response |
Clerical hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
Private RRP firms / initial certification / reporting |
EPA Form 8500-27 |
3.50 |
- |
8,828 |
8,828 |
30,898 |
$1,829,409 |
$0 |
$1,829,409 |
Private RRP firms /recertification / reporting |
EPA Form 8500-27 |
2.00 |
- |
5,671 |
5,671 |
11,342 |
$671,537 |
$0 |
$671,537 |
Certified Cohort Rule Familiarization Maintenance |
None |
1.00 |
- |
65,899 |
65,899 |
65,899 |
$3,901,748 |
$0 |
$3,901,748 |
RRP firms / certification / recordkeeping |
None |
- |
0.01 |
14,499 |
14,499 |
145 |
$5,201 |
$145 |
$5,345 |
CDX Registration & Usage |
None |
2.50 |
- |
14,499 |
14,499 |
36,248 |
$2,146,142 |
$0 |
$2,146,142 |
Total |
80,398 |
109,396 |
144,531 |
$8,554,036 |
$145 |
$8,554,181 |
|||
Respondents NAICS Codes:
236115 Single Family Housing Construction
236116 Multifamily Housing Construction
236210 Manufacturing and Industrial Building Construction
236220 Commercial and Institutional Building Construction
238220 Plumbing, Heating, and Air-Conditioning Contractors
238320 Painting and Wallpapering
238210 Electrical Contractors
238140 Masonry and Stone Contractors
238310 Drywall, Plastering, Acoustical, and Insulation Contractors
238340 Tile (except resilient) Contractors
238350 Carpentry Contractors
238330 Floor Laying and Other Floor Contractors
238160 Roofing, Siding, and Sheet Metal Contractors
238110 Concrete Contractors
213111 Water Well Drilling Contractors
238120 Structural Steel Erection Contractors
238210 Electrical Contractors and Other Wiring Installation Contractors
238910 Excavation Contractors
238910 Wrecking and Demolition Contractors
238290 Other Building Equipment Contractors
238390 Building Fixture and Fitting (except mechanical equipment) installation
236118 Residential Remodelers
238150 Glass and Glazing Contractors
238170 Siding Contractors
238210 Electrical Contractors
238220 Plumbing, Heating, and Air-Conditioning Contractors
238290 Other Building Equipment Contractors
238310 Drywall and Insulation Contractors
238340 Tile and Terrazzo Contractors
238350 Finish Carpentry Contractors
238390 Other Building Finishing Contractors
531110 Lessors of Residential Buildings and Dwellings
531190 Lessors of Other Real Estate Property
531311 Residential Property Managers
531390 Other Activities Related to Real Estate
541330 Engineering Services
541350 Building Inspection Services
562910 Remediation Services
611110 Elementary and Secondary Schools
611699 All Other Miscellaneous Schools and Instruction
624410 Child Day Care Services
No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing or COF, the firm performing renovations must provide the owner and or occupant(s) of the building with the pre-renovation lead hazard information pamphlet and comply with recordkeeping procedures. If the owner does not occupy the dwelling unit, the firm performing renovations must provide an adult occupant of the unit with the pamphlet. The firm must keep documentation providing proof that the pamphlet was provided to the owner and occupant or that an attempt was made to provide the pamphlet to the owner and occupant of the target housing (e.g., collect signed acknowledgment form, provide self-certification for failed deliveries, and document mailing the information). No more than 60 days before beginning renovation activities in common areas, the firm must provide the owner of the multi-unit housing or COF with a lead hazard information pamphlet and comply with recordkeeping procedures. In addition, the firm performing renovations must notify in writing, or ensure written notification of, occupant of each affected unit and make the pamphlet available upon request prior to the start of the renovation. Finally, the firm performing renovations must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.
Firms performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target
housing. These requirements include the retention of the acknowledgement of receipt of the lead hazard information pamphlet, certifications of attempted delivery, and certifications of mailing.
In the performance of renovation activities, firms are required to maintain records demonstrating compliance with the final rule requirements for using certified renovators and properly trained workers, posting signs, containing and cleaning the renovation work area, and performing a post-renovation cleaning verification or dust clearance testing after renovation activity is finished.
IC# 7. Distribution of pre-renovation lead hazard information pamphlet and post-renovation and post-renovation checklists documenting lead-safe work practices - residential facilities |
||||||||
Citation: 40 CFR 745 Subpart E |
||||||||
Data Element |
Form |
Average hrs/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
Pre-Renovation Information Dissemination by Contractors Working in Occupied Target Housing Rental Units |
None |
0.281 |
245,343 |
1,619,264 |
455,013 |
$26,940,417 |
$2,105,043 |
$29,045,460 |
Pre-Renovation Information Dissemination by Contractors Working in Owner-Occupied Target Housing |
None |
0.182 |
245,343 |
4,931,394 |
897,514 |
$53,139,995 |
$6,410,813 |
$59,550,807 |
Pre-Renovation Information Dissemination by Contractors Working in Vacant Target Housing Rental Units and Common Areas |
None |
0.265 |
245,343 |
4,906,860 |
1,300,318 |
$76,989,222 |
$6,378,918 |
$83,368,140 |
Pre-Renovation Information Dissemination by Contractors Working in Owner-Occupied Child-Occupied Facilities and by Landlords Working in Rental Child-Occupied Facilities |
None |
0.265 |
16,367 |
114,569 |
30,361 |
$1,797,601 |
$148,940 |
$1,946,541 |
Pre-Renovation Information Dissemination by Contractors Working in Rental Child-Occupied Facilities |
None |
0.370 |
3,069 |
6,138 |
2,271 |
$134,465 |
$15,959 |
$150,424 |
RRP firm checklist / owner-occupied target housing / third party disclosure |
Sample Renovation Recordkeeping Checklist * |
0.050 |
245,343 |
6,869,604 |
343,480 |
$20,336,776 |
$686,960 |
$21,023,736 |
RRP firm checklist / renter-occupied target housing / third party disclosure |
Sample Renovation Recordkeeping Checklist * |
0.050 |
245,343 |
7,360,290 |
368,015 |
$21,789,403 |
$1,472,058 |
$23,261,461 |
RRP firm checklist / in-house or landlord / third party disclosure |
Sample Renovation Recordkeeping Checklist * |
0.050 |
29,441 |
29,441 |
1,472 |
$87,157 |
$2,944 |
$90,101 |
RRP firm checklist / owner-occupied child-occupied facility (COF), contractor / third party disclosure |
Sample Renovation Recordkeeping Checklist * |
0.050 |
208,542 |
208,542 |
10,427 |
$617,368 |
$20,854 |
$638,222 |
RRP firm checklist / renter-occupied child-occupied facility (COF), contractor / third party disclosure |
None |
0.050 |
9,814 |
9,814 |
491 |
$29,053 |
$2,944 |
$31,998 |
RRP Firms / recordkeeping / recordkeeping |
Sample Renovation Recordkeeping Checklist * |
4.800 |
245,343 |
245,343 |
1,177,646 |
$50,407,977 |
$2,453 |
$50,410,430 |
Total |
245,343 |
26,301,259 |
4,587,008 |
$252,269,434 |
$17,247,886 |
$269,517,320 |
||
* Attachment 12 |
||||||||
Respondents NAICS Codes:
611110 Elementary and Secondary Schools
611699 All Other Miscellaneous Schools and Instruction
923120 Administration of Public Health Programs
924110 Administration of Air and Water Resource and Solid Waste Management Programs
925110 Administration of Housing Programs
No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing or COF, the government entity performing renovations must provide the owner and or occupant(s) of the building with the pre-renovation lead hazard information pamphlet and comply with recordkeeping procedures. If the owner does not occupy the dwelling unit, the government entity performing renovations must provide an adult occupant of the unit with the pamphlet. The government entity must keep documentation providing proof that the pamphlet was provided to the owner and occupant or that an attempt was made to provide the pamphlet to the owner and occupant of the target housing (e.g., collect signed acknowledgment form, provide self-certification for failed deliveries, and document mailing the information). No more than 60 days before beginning renovation activities in common areas, the government entity must provide the owner of the multi-unit housing or COF with a lead hazard information pamphlet and comply with recordkeeping procedures. In addition, the government entity performing renovations must notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of the renovation. Finally, the government entity performing renovations must prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.
Government entities performing renovations must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the requirements of 40 CFR part 745, subpart E, for a period of three years following completion of the renovation activities in target housing. These requirements include the retention of the acknowledgement of receipt of the lead hazard information pamphlet, certifications of attempted delivery, and certifications of mailing.
Government entities that wish to engage in renovations in target housing or COFs must obtain certification from EPA/states. This includes government entities consisting only of one self-employed individual. To receive certification, a government entity must submit an application to EPA/states and re-certify every five years. The rule also requires government entities to develop and retain records of the renovation activities they undertake to demonstrate compliance with standards and provide a written record for future reference.
IC# 8. Government-employed RRP professional certification activities, distribution of lead hazard information pamphlet prior to renovation activities in public schools and post-renovation checklists documenting lead-safe work practices, and recordkeeping |
||||||||
Citation: 40 CFR 745 |
||||||||
Data Element |
Form |
Hours/ Response |
Respondents |
Responses |
Burden (hrs) |
Labor Cost |
O & M Cost |
Total Cost |
Initial Certification |
EPA Form 8500-27 |
3.5 |
1,389 |
1,389 |
4,862 |
$348,803 |
$0 |
$348,803 |
Renewal Certification |
EPA Form 8500-27 |
0.5 |
1,597 |
1,597 |
799 |
$57,291 |
$0 |
$57,291 |
Government entities / recordkeeping |
None |
4.8 |
6,670 |
6,670 |
32,016 |
$3,222,757 |
$67 |
$3,222,824 |
Government entities / in-house or landlord / third party disclosure |
None |
0.05 |
6,670 |
53,360 |
2,668 |
$191,424 |
$69,368 |
$260,792 |
Pre-Renovation Information Dissemination by Schools for In-House Renovation Activities |
None |
0.2 |
7,718 |
36,275 |
7,255 |
$520,526 |
$47,157 |
$567,683 |
Pre-Renovation Information Dissemination by Private Schools and Daycare Centers for In-House Renovation Activities |
None |
0.2 |
17,836 |
24,970 |
4,994 |
$295,689 |
$32,462 |
$328,151 |
Total |
24,044 |
99,291 |
47,599 |
$4,636,490 |
$149,053 |
$4,785,543 |
||
Respondents NAICS Codes:
236115 Single Family Housing Construction
236116 Multifamily Housing Construction
236210 Manufacturing and Industrial Building Construction
236220 Commercial and Institutional Building Construction
238220 Plumbing, Heating, and Air-Conditioning Contractors
238320 Painting and Wallpapering
238210 Electrical Contractors
238140 Masonry and Stone Contractors
238310 Drywall, Plastering, Acoustical, and Insulation Contractors
238340 Tile (except resilient) Contractors
238350 Carpentry Contractors
238330 Floor Laying and Other Floor Contractors
238160 Roofing, Siding, and Sheet Metal Contractors
238110 Concrete Contractors
213111 Water Well Drilling Contractors
238120 Structural Steel Erection Contractors
238210 Electrical Contractors and Other Wiring Installation Contractors
238910 Excavation Contractors
238910 Wrecking and Demolition Contractors
238290 Other Building Equipment Contractors
238390 Building Fixture and Fitting (except mechanical equipment) installation
236118 Residential Remodelers
238150 Glass and Glazing Contractors
238170 Siding Contractors
238210 Electrical Contractors
238220 Plumbing, Heating, and Air-Conditioning Contractors
238290 Other Building Equipment Contractors
238310 Drywall and Insulation Contractors
238340 Tile and Terrazzo Contractors
238350 Finish Carpentry Contractors
238390 Other Building Finishing Contractors
531110 Lessors of Residential Buildings and Dwellings
531190 Lessors of Other Real Estate Property
531210 Offices of Real Estate Agents and Brokers
531311 Residential Property Managers
531320 Offices of Real Estate Appraisers
531390 Other Activities Related to Real Estate
541330 Engineering Services
541350 Building Inspection Services
562910 Remediation Services
RRP and LBP professionals are required to take initial or renewal training courses as part of obtaining or maintaining their certifications. The entire class time for each initial and renewal training class is included in the table for IC #9. Average round trip travel time to the training class of 1.8 hours is included in the burden hours, except for the RRP refresher training without a hands-on component, which would not have applicable travel time.
EPA maintains a database that includes the number of students per class and the number of times each class is taught per year.
IC# 9. RRP & LBP training class and related travel time |
||||||||||
Data Element |
Form |
Hours/ class & travel time |
Number of classes |
Students/ Class |
Respondents |
Responses |
Burden |
Labor Cost |
O & M Cost |
Total Cost |
RRP Training |
None |
9.8 |
3,998 |
7 |
37,040 |
37,040 |
362,992 |
$21,492,012 |
$0 |
$21,492,012 |
LBP Abatement Worker |
None |
25.8 |
114 |
8 |
5,615 |
5,615 |
144,860 |
$6,200,582 |
$0 |
$6,200,582 |
LBP Abatement Supervisor |
None |
33.8 |
64 |
8 |
3,141 |
3,141 |
106,169 |
$6,286,073 |
$0 |
$6,286,073 |
LBP Project Designer |
None |
9.8 |
3 |
8 |
167 |
167 |
1,635 |
$129,990 |
$0 |
$129,990 |
LBP Risk Assessor |
None |
17.8 |
55 |
8 |
2,699 |
2,699 |
48,049 |
$2,267,724 |
$0 |
$2,267,724 |
LBP Inspector |
None |
25.8 |
80 |
8 |
3,926 |
3,926 |
101,301 |
$4,780,984 |
$0 |
$4,780,984 |
RRP Training Refresher - No Hands On |
None |
2.0 |
1,452 |
1 |
1,921 |
1,921 |
3,842 |
$227,492 |
$0 |
$227,492 |
LBP Abatement Worker Refresher |
None |
9.8 |
34 |
5 |
1,031 |
1,031 |
10,101 |
$432,347 |
$0 |
$432,347 |
LBP Abatement Supervisor Refresher |
None |
9.8 |
55 |
5 |
1,699 |
1,699 |
16,654 |
$986,049 |
$0 |
$986,049 |
LBP Project Designer Refresher |
None |
9.8 |
2 |
5 |
74 |
74 |
721 |
$57,348 |
$0 |
$57,348 |
LBP Risk Assessor Refresher |
None |
9.8 |
69 |
5 |
2,117 |
2,117 |
20,742 |
$978,955 |
$0 |
$978,955 |
LBP Inspector Refresher |
None |
9.8 |
40 |
5 |
1,221 |
1,221 |
11,964 |
$564,673 |
$0 |
$564,673 |
Total |
60,651 |
60,651 |
829,031 |
$44,404,229 |
$0 |
$44,404,229 |
||||
The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
Operation and maintenance costs are summarized below by each IC category. These costs are annual and recurring in nature, related to printing/copying/mailing disclosures or recordkeeping; there are no expected start-up costs.
Summary of Operation and Maintenance Costs
|
|
IC |
Cost |
IC# 1. LBP training provider accreditation applications, training notifications, and recordkeeping
|
$7 |
IC# 2. LBP activity firm certification activities
|
$62 |
IC# 3. Individuals performing LBP abatement activities; certification and accreditation / reporting and recordkeeping
|
$0 |
IC# 4. LBP activity firm pre-abatement reports and occupant protection plans, abatement activity notifications, post-abatement reports and recordkeeping
|
$3,396 |
IC# 5. RRP training provider accreditation applications, training notifications, and recordkeeping
|
$7 |
IC# 6. Private RRP firm certification activities
|
$145 |
IC# 7. Distribution of pre-renovation lead hazard information pamphlet and post-renovation and post-renovation checklists documenting lead-safe work practices - residential facilities
|
$17,247,886 |
IC# 8. Government-employed RRP professional certification activities, distribution of lead hazard information pamphlet prior to renovation activities in public schools and post-renovation checklists documenting lead-safe work practices, and recordkeeping
|
$149,053 |
IC# 9. RRP & LBP training class and related travel time |
$0 |
Total |
$17,400,556 |
EPA performs the following activities in response to the submittals related to RRP and LBP activity submissions:
• Receive, review, and act on applications from states
• Receive, review, and file reports from authorized states
• Receive, review, and act on applications and amended applications for accreditation from training providers
• Receive, review, and file notices of trainings from training providers
• Receive, review, and file materials sent from accredited training providers
• Receive, review, and act on certification applications from firms/individuals
• Receive, review, and file notices of abatement activities from certified abatement firms.
There are no EPA activities associated with the distribution of the TSCA section 406(b) lead hazard information pamphlets to owners and occupants of target housing and COFs prior to commencing renovations for compensation.
EPA estimates that it costs the Agency approximately $2,112,955 to carry out the activities associated with the information collection activities covered by this ICR. This ICR renewal includes a cost estimate for the administration of the LBP activities and RRP programs by the EPA. The per-activity burdens are taken from those derived in EPA’s (2009) Economic Analysis for the TSCA Section 402 Lead-Based Paint Program Accreditation and Certification Fee Rule. The numbers of events are estimated for each respondent type and the analysis follows the methodology of previously approved ICRs (EPA ICR No. 1715.10).
EPA makes use of existing technology to simplify the application and notification processes where available. EPA receives 99.8% of notifications through CDX, but also still allows notification through the more traditional methods (via fax, mail, commercial delivery service, or hand delivery). Lead abatement firms, evaluation firms, individuals, and renovation firms typically apply for certification and re-certification via CDX. Capital cost estimates for database maintenance and application processing are based on Agency spending in FY2019-FY2021.
There are no EPA activities associated with the distribution of the TSCA section 406(b) lead hazard information pamphlet to owners and occupants of target housing and COFs 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.
For certification, accreditation, and authorization, collection activities will occur according to the following schedule:
- Training programs may apply for accreditation at any time;
- Training programs must amend their applications when information changes;
- Training programs must seek re-accreditation at four-year intervals following initial accreditation;
- Training programs submit notification of training to EPA before each course, except for renovator refresher training courses without a hands-on component;
- Training programs submit post-training notification to EPA after each course, except post-training notifications for renovator refresher training courses without a hands-on component can be submitted once a month;
- Firms may apply for certification at any time;
- Firms must amend their applications when information changes;
- Certified renovation firms must seek re-certification at five-year intervals following initial certification;
- Renovators and dust sampling technicians may take training at any time;
- Renovators must take refresher training every 3 or 5 years, depending on whether or not their previous course had a hands-on component. Renovators taking the 4-hour refresher training course are not required to perform hands-on activities every time they are trained.
- Dust sampling technicians must take refresher training at five-year intervals following initial training;
- States may apply for authorization at any time;
- Authorized States must report once a year for the first three years, and biannually thereafter;
- LBP firms/individuals must apply for re-certification every three years (five for individuals who have passed a proficiency test as part of their training) after initial certification for LBP activities.
EPA believes that receipt of notification of five and seven business days respectively prior to conducting LBP abatement activities or training courses is necessary to facilitate the inspection of abatement and training locations. The regulation also includes provisions for updating the original notification. EPA 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 or abatement projects, need only be received by EPA at least two business days before a training course is scheduled to begin, or by the start date of an abatement activity. Such notification periods are appropriate to allow proper allocation of EPA compliance monitoring and enforcement resources, and to prevent the arrival of EPA personnel at the wrong location or time.
The TSCA section 406(b) information distribution requirements at 40 CFR part 745, subpart E, do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.
There is an increase of 1,022,428 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB of 5,251,320 hours. This increase reflects adjustments in EPA’s estimates of the burden. Several adjustments to the estimates were made, including revisions to the estimated number of respondents based on the number of respondents reporting to EPA for the prior information collection and revisions based on other market factors. Changes in burden estimates reflect changes within the housing renovation market, as measured by EPA’s FLPP database, which tracks LBP and RRP activity over time, as reported to the Agency.
There is an increase of $2,108,994 in the total cost burden compared with that identified in the ICR currently approved by OMB of $15,291,562. The difference between the current cost burden request and the previously approved requests are due to adjustments in EPA’s estimates of the respondent burden and updates to wage rates and material costs that were revised to reflect 2022 dollars for this information collection request, and adjustments for inflation.
This question is not applicable.
This question not applicable to this ICR.
EPA does not request an exception to the certification of this information collection.
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0195). Responses to this collection of information are mandatory for certain persons, as specified at 40 CFR Part 745. 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 public reporting and recordkeeping burden for this collection of information is estimated to be .2 – 28.5 hour(s) per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.”
You can also provide comments to the Office of Information and Regulatory Affairs, Office of Management and Budget via http://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function.
All comments received by EPA will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through https://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-0692.
Attachment 1: |
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Attachment 2: |
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Attachment 3: |
The Lead-Safe Certified Guide to Renovate Right |
Attachment 4: |
EPA Form 8500-27: Application and Instructions for Firms Applying for Certification to Conduct Lead-Based Paint Activities and/or Renovations |
Attachment 5: |
Sample Pre-Renovation Disclosure Form |
Attachment 6: |
EPA Form 747-B-99-002: Application and Instructions for Individuals Applying for Certification to Conduct Lead-Based Paint Activities |
Attachment 7: |
EPA Form 8500-25: Application and Instructions for Training Providers Applying for Accreditation of Lead-Based Paint Activity and Renovation Training Programs |
Attachment 8: |
Consultation. |
Attachment 9: |
EPA Form 9600-050 Lead-Based Paint Activities and Renovation Training Notification |
Attachment 10: |
EPA Form 9600-052: Lead-Based Paint Activities and Renovation Post-Training Notification |
Attachment 11: |
EPA Form 9600-051- Notification of Lead-Based Paint Abatement Activities |
Attachment 12: |
Sample Renovation Recordkeeping Checklist |
Attachment 13 |
Privacy Act Screenshots for Training Applications for Individuals, Firms, and Trainers |
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | MPrice |
| File Modified | 0000-00-00 |
| File Created | 2024-07-20 |