69 FR 75 pgs. 20871-20874 - Lead-Based Paint Pre-Renovation Information Dissemination - TSCASection 406(b); Request for Comment on Renewal of Information CollectionActivities
Type: NOTICEVolume: 69Number: 75Pages: 20871 - 20874
Docket number: [OPPT-2004-0082; FRL-7350-4]
FR document: [FR Doc. 04-8797 Filed 4-16-04; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2004-0082; FRL-7350-4]
Lead-Based Paint Pre-Renovation Information Dissemination - TSCASection 406(b); Request for Comment on Renewal of Information CollectionActivities
AGENCY:
Environmental Protection Agency(EPA).
ACTION:
Notice.
SUMMARY:
In compliance with the Paperwork Reduction Act(PRA) (44 U.S.C. 3501 et seq .), EPA is seeking public commentand information on the following Information Collection Request (ICR):Lead-Based Paint Pre-Renovation Information Dissemination - ToxicSubstances Control Act (TSCA) Section 406(b) (EPA ICR No. 1669.04, OMBControl No. 2070-0158). This ICR involves a collection activity thatis currently approved and scheduled to expire on December 31, 2004. Theinformation collected under this ICR relates to requirements that personswho perform housing renovations provide certain information on any leadhazards created by the renovation to the owner and occupant of such housingprior to beginning renovation, thereby protecting public health and theenvironment. The ICR describes the nature of the information collectionactivity and its expected burden and costs. Before submitting this ICR tothe Office of Management and Budget (OMB) for review and approval under thePRA, EPA is soliciting comments on specific aspects of thecollection.
DATES:
Written comments, identified by the docket IDnumber OPPT-2004-0082, must be received on or before June 18, 2004.
ADDRESSES:
Comments may be submitted electronically, bymail, or through hand delivery/courier. Follow the detailed instructions asprovided in Unit I. of the SUPPLEMENTARYINFORMATION .
FOR FURTHER INFORMATION CONTACT:
Forgeneral information contact : Colby Lintner, Regulatory Coordinator,Environmental Assistance Division (7408M), Office of Pollution Preventionand Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001; telephone number: (202) 554-1404;e-mail address: TSCA-Hotline@epa.gov .
For technical information contact : John Wilkins, NationalProgram Chemicals Division (7404T), Office of Pollution Prevention andToxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001; telephone number: (202) 566-0477;fax number: (202) 566-0469; e-mail address: wilkins.john@epa.gov .
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you performrenovations of certain types of housing, constructed prior to 1978, forcompensation. Potentially affected entities may include, but are notlimited to:
•Building, developing, and general contracting (NAICS 233),e.g., Single family housing construction, multifamily housing construction,etc.
•Special trade contractors (NAICS 235), e.g., Plumbing,heating, and air-conditioning contractors, painting and wall coveringcontractors, electrical contractors, carpentry contractors, concretecontractors, wrecking and demolition contractors, etc.
•Real estate (NAICS 531), e.g., Lessors of residentialbuildings and dwellings, offices of real estate agents and brokers,residential property managers, offices of real estate appraisers, etc.
This listing is not intended to be exhaustive, but rather provides aguide for readers regarding entities likely to be affected by this action.Other types of entities not listed in this unit could also be affected. TheNorth American Industrial Classification System (NAICS) codes have beenprovided to assist you and others in determining whether this action mightapply to certain entities. If you have any questions regarding theapplicability of this action to a particular entity, consult the technicalperson listed under FOR FURTHER INFORMATION CONTACT .
B. How Can I Get Copies of this Document and Other RelatedInformation?
1. Docket . EPA has established an official public docketfor this action under docket identification (ID) numberOPPT-2004-0082. The official public docket consists of thedocuments specifically referenced in this action, any public commentsreceived, and other information related to this action. Although a part ofthe official docket, the public docket does not include ConfidentialBusiness Information (CBI) or other information whose disclosure isrestricted by statute. The official public docket is the collection ofmaterials that is available for public viewing at the EPA Docket Center,Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington,DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Mondaythrough Friday, excluding legal holidays. The EPA Docket Center ReadingRoom telephone number is (202) 566-1744 and the telephone number forthe OPPT Docket, which is located in EPA Docket Center, is (202)566-0280.
2. Electronic access . You may access this Federal Register document electronically through the EPAInternet under the " Federal Register " listings at http://www.epa.gov/fedrgstr/ .
An electronic version of the public docket is available through EPA'selectronic public docket and comment system, EPA Dockets. You may use EPADockets at http://www.epa.gov/edocket/ to submit or viewpublic comments, access the index listing of the contents of the officialpublic docket, and to access those documents in the public docket that areavailable electronically. Although not all docket materials may beavailable electronically, you may still access any of the publiclyavailable docket materials through the docket facility identified in UnitI.B.1. Once in the system, select "search," then key in theappropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.Information claimed as CBI and other information whose disclosure isrestricted by statute, which is not included in the official public docket,will not be available for public viewing in EPA's electronic public docket.EPA's policy is that copyrighted material will not be placed in EPA'selectronic public docket but will be available only in printed, paper formin the official public docket. To the extent feasible, publicly availabledocket materials will be made available in EPA's electronic public docket.When a document is selected from the index list in EPA Dockets, the systemwill identify whether the document is available for viewing in EPA'selectronic public docket. Although not all docket materials may beavailable electronically, you may still access any of the publiclyavailable docket materials through the docket facility identified in UnitI.B.1. EPA intends to work towards providing electronic access to all ofthe publicly available docket materials through EPA's electronic publicdocket.
For public commenters, it is important to note that EPA's policy is thatpublic comments, whether submitted electronically or in paper, will be madeavailable for public viewing in EPA's electronic public docket as EPAreceives them and without change, unless the comment contains copyrightedmaterial, CBI, or other information whose disclosure is restricted bystatute. When EPA identifies a comment containing copyrighted material, EPAwill provide a reference to that material in the version of the commentthat is placed in EPA's electronic public docket. The entire printedcomment, including the copyrighted material, will be available in thepublic docket.
Public comments submitted on computer disks that are mailed or deliveredto the docket will be transferred to EPA's electronic public docket. Publiccomments that are mailed or delivered to the docket will be scanned andplaced in EPA's electronic public docket. Where practical, physical objectswill be photographed, and the photograph will be placed in EPA's electronicpublic docket along with a brief description written by the docketstaff.
C. How and to Whom Do I Submit the Comments?
You may submit comments electronically, by mail, or through handdelivery/courier. To ensure proper receipt by EPA, identify the appropriatedocket ID number in the subject line on the first page of your comment.Please ensure that your comments are submitted within the specified commentperiod. Comments received after the close of the comment period will bemarked "late." EPA is not required to consider these latecomments. If you wish to submit CBI or information that is otherwiseprotected by statute, please follow the instructions in Unit I.D. Do notuse EPA Dockets or e-mail to submit CBI or information protected bystatute.
1. Electronically . If you submit an electronic comment asprescribed in this unit, EPA recommends that you include your name, mailingaddress, and an e-mail address or other contact information in the body ofyour comment. Also include this contact information on the outside of anydisk or CD ROM you submit, and in any cover letter accompanying the disk orCD ROM. This ensures that you can be identified as the submitter of thecomment and allows EPA to contact you in case EPA cannot read your commentdue to technical difficulties or needs further information on the substanceof your comment. EPA's policy is that EPA will not edit your comment, andany identifying or contact information provided in the body of a commentwill be included as part of the comment that is placed in the officialpublic docket, and made available in EPA's electronic public docket. If EPAcannot read your comment due to technical difficulties and cannot contactyou for clarification, EPA may not be able to consider your comment.
i. EPA Dockets . Your use of EPA's electronic public docketto submit comments to EPA electronically is EPA's preferred method forreceiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/ , and follow the online instructionsfor submitting comments. Once in the system, select "search,"and then key in docket ID number OPPT-2004-0082. The system isan " anonymous access" system, which means EPA will not knowyour identity, e-mail address, or other contact information unless youprovide it in the body of your comment.
ii. E-mail . Comments may be sent by e-mail to oppt.ncic@epa.gov , Attention: Docket ID NumberOPPT-2004-0082. In contrast to EPA's electronic public docket,EPA's e-mail system is not an "anonymous access" system. If yousend an e-mail comment directly to the docket without going through EPA'selectronic public docket, EPA's e-mail system automatically captures youre-mail address. E-mail addresses that are automatically captured by EPA'se-mail system are included as part of the comment that is placed in theofficial public docket, and made available in EPA's electronic publicdocket.
iii. Disk or CD ROM . You may submit comments on a disk orCD ROM that you mail to the mailing address identified in Unit I.C.2. Theseelectronic submissions will be accepted in WordPerfect or ASCII fileformat. Avoid the use of special characters and any form of encryption.
2. By mail . Send your comments to: Document Control Office(7407M), Office of Pollution Prevention and Toxics (OPPT), EnvironmentalProtection Agency, 1200 Pennsylvania Ave., NW., Washington, DC20460-0001.
3. By hand delivery or courier . Deliver your comments to:OPPT Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201Constitution Ave., NW., Washington, DC. Attention: Docket ID NumberOPPT-2004-0082. The DCO is open from 8 a.m. to 4 p.m., Mondaythrough Friday, excluding legal holidays. The telephone number for the DCOis (202) 564-8930.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI electronicallythrough EPA's electronic public docket or by e-mail. You may claiminformation that you submit to EPA as CBI by marking any part or all ofthat information as CBI (if you submit CBI on disk or CD ROM, mark theoutside of the disk or CD ROM as CBI and then identify electronicallywithin the disk or CD ROM the specific information that is CBI).Information so marked will not be disclosed except in accordance withprocedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes anyinformation claimed as CBI, a copy of the comment that does not contain theinformation claimed as CBI must be submitted for inclusion in the publicdocket and EPA's electronic public docket. If you submit the copy that doesnot contain CBI on disk or CD ROM, mark the outside of the disk or CD ROMclearly that it does not contain CBI. Information not marked as CBI will beincluded in the public docket and EPA's electronic public docket withoutprior notice. If you have any questions about CBI or the procedures forclaiming CBI, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT .
E. What Should I Consider when I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing yourcomments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used thatsupport your views.
4. If you estimate potential burden or costs, explain how you arrived atthe estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the collection activity.
7. Make sure to submit your comments by the deadline in this notice.
8. To ensure proper receipt by EPA, be sure to identify the docket IDnumber assigned to this action in the subject line on the first page ofyour response. You may also provide the name, date, and FederalRegister citation.
F. What Information is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicitscomments and information to enable it to:
1. Evaluate whether the proposed collections of information arenecessary for the proper performance of the functions of the Agency,including whether the information will have practical utility.
2. Evaluate the accuracy of the Agency's estimates of the burdens of theproposed collections of information.
3. Enhance the quality, utility, and clarity of the information to becollected.
4. Minimize the burden of the collections of information on those whoare to respond, including through the use of appropriate automated orelectronic collection technologies or other forms of informationtechnology, e.g., permitting electronic submission of responses.
II. What Information Collection Activity or ICR Does this Action Applyto?
EPA is seeking comments on the following ICR:
Title : Lead-Based Paint Pre-Renovation InformationDissemination - TSCA Section 406(b).
ICR numbers : EPA ICR No. 1669.04, OMB Control No.2070-0158.
ICR status : This ICR is currently scheduled to expire onDecember 31, 2004. An Agency may not conduct or sponsor, and a person isnot required to respond to, a collection of information, unless it displaysa currently valid OMB control number. The OMB control numbers for EPA'sregulations in title 40 of the CFR, after appearing in the Federal Register , are listed in 40 CFR part 9, and included onthe related collection instrument or form, if applicable.
Abstract : This information collection involves third-partynotification to owners and occupants of housing that will allow theseindividuals to avoid exposure to lead-contaminated dust and lead-basedpaint debris that are sometimes generated during renovations of housingwhere lead-based paint is present, thereby protecting public health. Sinceyoung children are especially susceptible to the hazards of lead, ownersand occupants with children can take action to protect their children fromlead poisonings. TSCA section 406(b) requires EPA to promulgateregulations requiring certain persons who perform renovations of targethousing for compensation to provide a lead hazard information pamphlet(developed under TSCA section 406(a)) to the owner and occupants of suchhousing prior to beginning the renovation. Those who fail to provide thepamphlet as required may be subject to both civil and criminalsanctions.
Responses to the collection of information are mandatory (see 40 CFRpart 745, subpart E). Respondents may claim all or part of a noticeconfidential. EPA will disclose information that is covered by a claim ofconfidentiality only to the extent permitted by, and in accordance with,the procedures in TSCA section 14 and 40 CFR part 2.
III. What are EPA's Burden and Cost Estimates for this ICR?
Under the PRA, "burden" means the total time, effort, orfinancial resources expended by persons to generate, maintain, retain, ordisclose or provide information to or for a Federal Agency. For thiscollection it includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes ofcollecting, validating, and verifying information, processing andmaintaining information, and disclosing and providing information; adjustthe existing ways to comply with any previously applicable instructions andrequirements; train personnel to be able to respond to a collection ofinformation; search data sources; complete and review the collection ofinformation; and transmit or otherwise disclose the information.
The ICR provides a detailed explanation of this estimate, which is onlybriefly summarized in this notice. The annual public burden for thiscollection of information is estimated to average 1.39 hours perrespondent. The following is a summary of the estimates taken from theICR:
Respondents/affected entities : 2,482,000.
Estimated total number of potential respondents :2,482,000.
Frequency of response : On occasion.
Estimated total/average number of responses for eachrespondent : 8.
Estimated total annual burden hours : 3,461,542 hours.
Estimated total annual burden costs : $111,929,595.
IV. Are There Changes in the Estimates from the Last Approval?
This request reflects an increase of 522,996 hours (from 2,938,546 hoursto 3,461,542 hours) in the total estimated respondent burden from thatcurrently in the OMB inventory. This increase is due to an increase in theestimated number of annual renovation events, as detailed in Table 4 of theSupporting Statement for this ICR. The increased number of renovationevents is the result of increased spending on renovations and reflects ageneral economic trend. The change in burden represents an adjustment.
V. What is the Next Step in the Process for this ICR?
EPA will consider the comments received and amend the ICR asappropriate. The final ICR package will then be submitted to OMB for reviewand approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) toannounce the submission of the ICR to OMB and the opportunity to submitadditional comments to OMB. If you have any questions about this ICR or theapproval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT .
List of Subjects
Environmental protection, Reporting and recordkeepingrequirements.
Dated: April 12, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides andToxic Substances.
[FR Doc. 04-8797 Filed 4-16-04; 8:45 am]
BILLING CODE 6560-50-S