  SEQ CHAPTER \h \r 1 Supporting Statement for a Request for OMB Review
under

The Paperwork Reduction Act

IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	Title and Number of the Information Collection

		Title:	Lead-Based Paint Pre-Renovation Information Dissemination –

			TSCA Sec. 406(b)

		EPA ICR No.:   1669.05	OMB Control No.:	2070-0158

1(b)	Short Characterization

	Section 406(b) of Title IV of the Toxic Substances Control Act
(TSCA)(15 U.S.C. 2686, see Attachment 1) requires the U.S. Environmental
Protection Agency (EPA) to promulgate regulations requiring certain
persons who perform renovations of target housing for compensation to
provide a lead hazard information pamphlet (developed under section
406(a) of TSCA) to the owner and occupant of such housing no more than
60-days prior to commencing the renovation.  Target housing is defined
as any housing constructed prior to 1978, except housing for the elderly
or persons with disabilities (unless any child who is less than six
years of age resides or is expected to reside in such housing for the
elderly or persons with disabilities) or any zero-bedroom dwelling
(section 401(17) of TSCA, 15 U.S.C. 2681).  Those who fail to provide
the pamphlet, as required, may be subject to both civil and criminal
sanctions under section 16 of TSCA.

	Pursuant to Title IV of TSCA, EPA promulgated regulations applicable to
all renovations of target housing performed for compensation, except as
otherwise specified, at 40 CFR part 745, subpart E (see Attachment 2).
Under these regulations, renovators must provide the owner and occupant
of any residential dwelling unit or multi-family housing with a lead
hazard information pamphlet (see Attachment 3).  After providing the
pamphlet to the owner and occupant and obtaining written acknowledgment,
the renovator must keep acknowledgment records on file for three years
after completion of work.

	The regulations at 40 CFR part 745, subpart E, apply to any person who
performs renovations at target housing for compensation.  However, a
designated representative (e.g., a landlord, rental property manager)
may deliver the pamphlet and obtain the acknowledgment.  When using a
designated representative, the renovator remains responsible for
compliance with the regulations (63 FR 29914; June 1, 1998).  For
purposes of this ICR, EPA assumes that all activities associated with
distribution of the lead hazard information pamphlet are undertaken by
renovators.

	This ICR examines the respondent paperwork requirements and associated
time and cost burden of the regulations at 40 CFR part 745, subpart E.
Sections 1 through 5 of the ICR describe the paperwork requirements
associated with the distribution of the lead hazard information pamphlet
prior to commencing renovations of target housing for compensation.

Section 6 estimates the annual time and cost burden to respondents in
complying with these paperwork requirements.

	Note that this ICR does not address time and cost burden to recipients
of the lead hazard information pamphlet (i.e., owners and occupants of
target housing) because the pamphlet is originally supplied by the
Federal government.  Under 5 CFR 1320.3(c)(2), “the public disclosure
of information originally supplied by the Federal government to the
[respondent] for the purpose of disclosure to the public is not
included” as a “collection of information.”  In addition, because
the acknowledgment of receipt obtained by the renovator only involves
“that burden necessary to identify the respondent, the date, the
respondent’s address, and the nature of the instrument,” completion
of the acknowledgment form by the owner and occupant of the target
housing is not considered to be “information” under 5 CFR
1320.3(h)(1).

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

Exemption from Information Distribution Requirements

	Under 40 CFR 745.82(b), renovators performing renovations of target
housing for compensation are not subject to the regulations in 40 CFR
part 745, subpart E if the renovation activities are limited to: (i)
minor repair and maintenance activities (including minor electrical work
and plumbing) that disrupt two square feet or less of painted surface
per component; (ii) emergency renovation operations; or (iii)
renovations in target housing in which a written determination has been
made by an inspector (certified pursuant to either Federal regulations
at 40 CFR 745.226 or a State or Tribal certification program authorized
pursuant to 40 CFR 745.324) that the components affected by the
renovation are free of paint or other surface coatings that contain lead
equal to or in excess of 1.0 milligram per square centimeter or 0.5
percent by weight, where the renovator has obtained a copy of the
determination.

Information Distribution Requirements for Renovations in Dwelling Units

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

	Information Distribution Requirements for Renovations in Common Areas

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

	In addition, the renovator must notify in writing, or ensure written
notification of, each affected unit of the multi-family housing and make
the pamphlet available upon request prior to start of the renovation.
Such notification must be accomplished by distributing written notice to
each affected unit.  The notice must describe the general nature and
locations of the planned renovation activities; the expected starting
and ending dates; and a statement of how the occupant can obtain the
pamphlet, at no charge, from the renovator (section 745.85(b)(2)).

	The renovator also must prepare, sign, and date a statement describing
the steps performed to notify all occupants of the intended renovation
activities and to provide the pamphlet (section 745.85(b)(3)).  If the
scope, locations, or expected starting and ending dates of the planned
renovation activities change after the initial notification, the
renovator must provide further written notification to the owners and
occupants providing revised information on the ongoing or planned
activities.  This subsequent notification must be provided before the
renovator initiates work beyond that which was described in the original
notice (section 745.85(b)(4)).

Recordkeeping Requirements

	Under 40 CFR 745.86(a), renovators must retain and, if requested, make
available to EPA all records necessary to demonstrate compliance with
the requirements of 40 CFR part 745, subpart E, for a period of three
years following completion of the renovation activities in target
housing.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection

	Section 406(b) of TSCA requires EPA to promulgate regulations requiring
certain persons who perform renovations of target housing for
compensation to provide a lead hazard information pamphlet to the owner
and occupant of such housing prior to commencing the renovation.
Regulations promulgated under the authority of section 406(b) ensure
that owners and occupants of target housing are provided information
concerning potential hazards of lead-based paint exposure before certain
renovations are begun on that housing.  The Agency believes that the
distribution of the pamphlet will help to reduce the exposures that
cause serious lead poisonings, especially in children under age six, who
are particularly susceptible to the hazards of lead.

2(b)	Practical Utility and Users of the Data

	Owners and occupants of target housing must be provided with a lead
hazard information pamphlet before any renovation commences.
Information contained in the lead hazard information pamphlet may be
used by owners and occupants of target housing to take appropriate
precautions to avoid exposure to lead-contaminated dust and lead-based
paint debris that are sometimes generated during renovations.

	In addition, the recordkeeping requirements under 40 CFR part 745,
subpart E enable EPA, State and local regulators and the courts to
determine initial compliance and monitor continued compliance with the
provisions of section 406(b) of TSCA.  The record of compliance could
also serve as a crucial piece of information in civil actions to
establish liability.

3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Non-Duplication

	EPA has determined that no other Federal agency collection satisfies
the statutory requirements of section 406(b) of TSCA.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

  SEQ CHAPTER \h \r 1 	Prior to submission to OMB, this ICR will be made
available to the public for comment through a Federal Register notice.
The public will have 60 days to provide comments.  Any comments received
will be given consideration when completing the supporting statement
that is submitted to OMB.

3(c)	Consultations

  SEQ CHAPTER \h \r 1 EPA will pursue consultations with interested
parties during the development of the renewal of this collection.

3(d)	Effects of Less Frequent Collection

	Regulations at 40 CFR part 745, subpart E do not include any reporting
requirements, only recordkeeping requirements.  Therefore, a collection
schedule is not applicable.

3(e)	General Guidelines

	This collection does not exceed any of the Paperwork Reduction Act
guidelines at 5 CFR 1320.5.

	3(f)	Confidentiality

	In general, EPA does not believe that respondents will assert a
confidentiality claim for information collected under this ICR.
However, to the extent information submitted by respondents is business
confidential, procedures are in place to protect the information from
improper disclosure.

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

	In addition, section 745.84(b) establishes that EPA will disclose
information subject to a claim of confidentiality only to the extent
permitted by section 14 of TSCA and 40 CFR part 2, subpart B.  If a
person does not assert a claim of confidentiality for information at the
time it is

submitted to EPA, EPA may make the information public without further
notice to that person.

3(g)	Sensitive Questions

	No questions of a sensitive nature are included in the information
collection requirements associated with the distribution of the lead
hazard information pamphlet.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents and NAICS Codes

	The North American Industrial Classification System (NAICS) codes
associated with industries most likely affected by the requirements
covered in this ICR are described below:

NAICS Code	Industrial Sector

23321	Single Family Housing Construction

23322	Multifamily Housing Construction

23511	Plumbing, Heating, and Air-Conditioning Contractors

23521	Painting and Wall Covering Contractors

23531	Electrical Contractors

23541	Masonry and Stone Contractors

23542	Drywall, Plastering, Acoustical, and Insulation Contractors

23543	Tile, Marble, Terrazzo, and Mosaic Contractors

23551	Carpentry Contractors

23552	Floor Laying and Other Floor Contractors

23561	Roofing, Siding, and Sheet Metal Contractors

23571	Concrete Contractors

23581	Water Well Drilling Contractors

23591	Structural Steel Erection Contractors

23592	Glass and Glazing Contractors

23593	Excavation Contractors

23594	Wrecking and Demolition Contractors

23595	Building Equipment and Other Machinery Installation Contractors

23599	All Other Special Trade Contractors

53111	Lessors of Residential Buildings and Dwellings

53119	Lessors of Other Real Estate Property

53121	Offices of Real Estate Agents and Brokers

531311	Residential Property Managers

53132	Offices of Real Estate Appraisers

53139	Other Activities Related to Real Estate

4(b)	Information Requested

	In the following paragraphs, EPA describes the paperwork requirements
associated with the distribution of the lead hazard information
pamphlet.

Exemption from Information Distribution Requirements

	Under 40 CFR 745.82(b), renovators performing renovations of target
housing for compensation are not subject to the regulations in 40 CFR
part 745, subpart E if the renovation activities are limited to: (i)
minor repair and maintenance activities (including minor electrical work
and plumbing) that disrupt two square feet or less of painted surface
per component; (ii) emergency renovation operations; or (iii)
renovations in target housing in which a written determination has been
made by an inspector (certified pursuant to either Federal regulations
at 40 CFR 745.226 or a State or Tribal certification program authorized
pursuant to 40 CFR 745.324) that the components affected by the
renovation are free of paint or other surface coatings that contain lead
equal to or in excess of 1.0 milligram per square centimeter or 0.5
percent by weight, where the renovator has obtained a copy of the
determination.

(i)	Data Items:

Written determination by an inspector (certified pursuant to either
Federal regulations at 40 CFR 745.226 or a State or Tribal certification
program authorized pursuant to 40 CFR 745.324) that the components
affected by the renovation are free of paint or other surface coatings
that contain lead equal to or in excess of 1.0 milligram per square
centimeter or 0.5 percent by weight.

(ii)	Respondent Activity:

A renovator performing renovations of target housing for compensation
may be exempt from the regulations in 40 CFR part 745, subpart E by
obtaining copy of a determination made by a certified inspector that the
components affected by the renovation are free of paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligram per
square centimeter or 0.5 percent by weight.

	Information Distribution Requirements for Renovation in Dwelling Units

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

(i)	Data Items:

	Lead hazard information pamphlet; and

	Documentation providing proof that the pamphlet was provided to the
owner and occupant of the target housing or that an attempt was made to
provide the pamphlet to the owner and occupant of the target housing
(e.g., collect signed acknowledgment form, provide self-certification
for failed deliveries, document mailing the
info浲瑡潩⥮മ⠍楩ऩ敒灳湯敤瑮䄠瑣癩瑩敩㩳഍⁁敲
潮慶潴⁲汰湡楮杮琠潣摮捵⁴敲潮慶楴湯⁳湩愠祮爠
獥摩湥楴污搠敷汬湩湵瑩洠獵㩴഍牐灥牡捡湫睯敬
杤敭瑮愠摮挠牥楴楦慣楴湯映牯獭഻

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

--	Obtaining, from the owner, a written acknowledgment that the owner
has received the pamphlet (section 745.85(a)(1)(i)); or

--	Obtaining a certificate of mailing at least seven days prior to the
renovation (section 745.85(a)(1)(ii)).

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

	Provide an adult occupant of the unit with the pamphlet and obtain
proof that the pamphlet was provided to the occupant of the target
housing by:

--	Obtaining, from the adult occupant, a written acknowledgment that the
occupant has received the pamphlet (section 745.85(a)(2)(i)); or

--	Certifying in writing that a pamphlet has been delivered to the
dwelling and that the renovator has been unsuccessful in obtaining a
written acknowledgment from an adult occupant (section 745.85(a)(2)(i));
or

--	Obtaining a certificate of mailing at least seven days prior to the
renovation (section 745.85(a)(2)(ii)).

	Information Distribution Requirements for Renovations in Common Areas

	Under 40 CFR 745.85(b), no more than 60 days before beginning
renovation activities in common areas of multi-family housing, a
renovator must provide the owner of the multi-family housing with a lead
hazard information pamphlet, and must comply with the procedures
specified at section 745.85(b)(1)(i) or (ii).  In addition, the
renovator must notify in writing, or ensure written notification of,
each affected unit of the multi-family housing and make the pamphlet
available upon request prior to start of the renovation.  Such
notification must be accomplished by distributing written notice to each
affected unit (section 745.85(b)(2)).  Finally, renovators must prepare,
sign, and date a statement describing the steps performed to notify all
occupants of the intended renovation activities and to provide the
pamphlet (section 745.85(b)(3)).

(i)	Data Items:

	Lead hazard information pamphlet;

	Notice describing the general nature and locations of the planned
renovation activities; the expected starting and ending dates; and a
statement of how the occupant can obtain the pamphlet, at no charge,
from the renovator; and

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

(ii)	Respondent Activities:

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

Prepare acknowledgment and certification forms;

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

--	Obtaining, from the owner, a written acknowledgment that the owner
has received the pamphlet (section 745.85(b)(1)(i)); or

--	Obtaining a certificate of mailing at least seven days prior to the
renovation (section 745.85(b)(1)(ii));

	Notify in writing, or ensure written notification of, each affected
unit of the multi-family housing and make the pamphlet available upon
request no more than 60-days prior to the start of the renovation;

	Prepare, sign, and date a statement describing the steps performed
to notify all occupants of the intended renovation activities and to
provide the pamphlet (section 745.85(b)(3)); and

	If the scope, locations, or expected starting and ending dates of
the planned renovation activities change after the initial notification,
provide further written notification to the owners and occupants
providing revised information on the ongoing or planned activities
(section 745.85(b)(4)).

Recordkeeping Requirements

	Under 40 CFR 745.86(a), renovators must retain and, if requested, make
available to EPA all records necessary to demonstrate compliance with
the requirements of 40 CFR part 745, subpart E for a period of three
years following completion of the renovation activities in target
housing.

(i)	Data Items:

	Records that must be retained pursuant to section 745.86 include, where
applicable:

	Reports certifying that a determination has been made by an
inspector that lead-based paint is not present in the area affected by
the renovation, as described in section 745.82(b)(3) [section
745.86(b)(1)];

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

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

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

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

(ii)	Respondent Activities:

	Renovators must maintain records to demonstrate compliance with the
requirements of 40 CFR part 745, subpart E for a period of three years
following completion of the renovation activities in target housing.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

	There are no Agency activities associated with the distribution of lead
hazard information pamphlets to owners and occupants of target housing
prior to commencing renovations for compensation.

	5(b)	Collection Methodology and Management

	There are no Agency activities associated with the distribution of the
lead hazard information pamphlet to owners and occupants of target
housing prior to commencing renovations for compensation.  However,
under the provisions of 40 CFR 745.87, EPA may conduct inspections and
issue subpoenas pursuant to the provisions of TSCA section 11 (15 U.S.C.
2610) to ensure compliance with 40 CFR part 745, subpart E.

	5(c)	Small Entity Flexibility

	In promulgating the regulations at 40 CFR part 745, subpart E, EPA
attempted to minimize the reporting and recordkeeping burden for both
large and small regulated entities.  While small businesses constitute
the majority of affected entities, hour and cost burden imposed by the
regulations is not considered to be of sufficient magnitude to have
significant economic impacts on such establishments.

	5(d)	Collection Schedule

	Regulations at 40 CFR part 745, subpart E, do not include any reporting
requirements, only recordkeeping requirements.  Therefore, a collection
schedule is not applicable.

6.	ESTIMATING BURDEN AND COST OF THE COLLECTION

	6(a)	Estimating Respondent Burden and Costs

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

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

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

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

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

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

	The estimated number of renovators, as well as the number of new
entrants to the occupation in future years, is based on the number of
Construction Contractors and Managers and the total of a selected list
of Specialty Trade Contractors listed in Bureau of Labor Statistics
(BLS) data for May 2005.1 In 2005, there were a total of 2,465,000
employees in these categories. The number of new entrants was calculated
by using the BLS data on occupational projections. BLS provides a
projected percentage increase in employment from 2000-2010 for each
labor category. EPA divided the percentage for each labor category (to
approximate an annual percentage) and applied the annual percentage to
the number of employees in 2005. This resulted in an estimated 31,500
new entrants for the renovation category.

	The number of rental property managers and, as well, the annual number
of new entrants are also taken from BLS data for the occupational
category, Property and Real Estate Managers.2 BLS estimates that in 2005
there were 154,000 people employed in this occupation. The number of new
entrants was estimated in the same way as was done for renovators and
resulted in 1,900 new entrants.

	The total number of respondents, i.e. renovators and rental property
managers, including new entrants, estimated for this ICR is 2,652,500.
This is the total of current renovators (2,465,000), new entrants to
renovation (31,500), current property managers (154,000), and new
entrants to property management (1,900).

	The annual number of renovation events is calculated in the manner used
in previous 406(b) analyses, based in part on the 2005 U.S. Census
Bureau data on expenditures on residential improvements and repairs.
This data is available on-line as Table S1 from     HYPERLINK
"http://www.census.gov/const/www/c50index.html."
http://www.census.gov/const/www/c50index.html.  In Table 1 and in
related calculations, the data used for “improvements” is the sum of
Census Bureau data line items for “alterations” and “major
replacements.”

	The annual number of renovations in owner-occupied housing is estimated
to be 19,426,241 events.  This number is estimated from data on the
annual expenditures on certain renovation activities3, divided by unit
costs for renovation activities (obtained from the National Association
of Home Builders publication Profile of the Remodeler 1992 and inflated
to 2005 dollar values).  The annual number of renovations in rental
housing, which is estimated to be 6,379,994 events, is estimated using
the same sources cited above for owner-occupied housing. Table 1
provides details on both of these calculations. Both these numbers are
then adjusted to exclude those events that do not occur in target
housingTable 1. Estimated Number of Renovation Events in all US
housing (not restricted to pre-1979 housing).

Activity	Expenditures ($millions, 2005) [a]	Unit Cost [b]	Estimated
Number of Events [c]

	Maintenance and Repair	Improvements	TOTAL	Maintenance and Repair
Improvements	Maintenance and Repair	Improvements	TOTAL

Owner Occupied

Heating and Central AC	[d]	$8,290	$8,290	[d]	$2,979	[d]	2,782,813
2,782,813

Plumbing	[d]	$3,492	$3,492	[d]	$7,306	[d]	477,963	477,963

Painting	$11,104	[d]	$11,104	$3,361	[d]	3,303,779	[d]	3,303,779

Siding	$804	$3,976	$4,780	$3,581	$8,000	224,518	497,000	721,518

Interior Restructuring	[d]	$9,328	$9,328	[d]	$11,241	[d]	829,819	829,819

Other	$13,132	$24,315	$37,447	$2,500	$4,014	5,252,800	6,057,549
11,310,349

Total	$25,040	$49,401	$74,441	-	-	8,781,097	10,645,144	19,426,241

Rental Properties

Heating and Central AC	[d]	$2,079	$2,079	[d]	$2,979	[d]	697,885	697,885

Painting	$4,279	[d]	$4,279	$3,361	[d]	1,273,133	[d]	1,273,133

Siding	$448	[e]	$448	$3,581	[e]	125,105	[e]	125,105

Other	$5,582	$8,233	$13,815	$2,500	$4,014	2,232,800	2,051,071	4,283,871

Total	$10,309	$10,309	$20,621	-	-	3,631,038	2,748,956	6,379,994

[a] Expenditure data for 2005 is from the Census Bureau’s Residential
Improvements and Repair Statistics, Table S1, Historic Expenditures to
Properties by Type of Job, 1994-2005. This data is available on-line at
   HYPERLINK "http://www.census.gov/const/www/c50index.htm."
http://www.census.gov/const/www/c50index.htm.  In most cases, Census
data for “alterations” and “major replacements” have been
combined to generate the numbers shown here as “improvements.” The
numbers that appear in this table reflect expenditures that have been
estimated for all U.S. housing. To derive the number of events expected
to occur in target housing requires further calculation.

[b] Unit costs were provided by the National Association of Home
Builders (NAHB) for a previous version of this ICR. Unit costs were
updated to 2005 dollars (to be consistent with the expenditure data)
using the consumer price index for housing. The original costs from NAHB
were in 1992 dollars. The inflation adjustment was a factor of 1.2141.

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

[d] Any activities in these categories (and any other categories not
shown in the table) are not shown here because they were determined to
be unlikely to trigger the provisions of the Sec. 406(b) rule (and thus
to be out of scope for this ICR renewal analysis).

[e] Census Bureau data on expenditures for siding improvements to rental
housing are included in the “Other” category.

	According to data in the HUD 2005 American Housing Survey, an estimated
62.27 percent of owner occupied housing units qualify as target housing,
and also 70.94 percent of rental housing units. Those are the
percentages of housing that was constructed prior to 1980 minus those
units with zero bedrooms4.  Those percentages were used in combination
with the information in Table 1 to estimate the number of renovation
events per year in target housing. The estimated number of events in
owner-occupied target housing is thus 12,096,720 (19,426,241 times 62.27
percent). Similarly, the estimated number of events in rental target
housing is 4,525,968 (6,379,994 times 70.94 percent).

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

	The required activity differs for renovation activities in rental
housing between activities involving the individual unit and activities
involving the common areas.  Renovation events occurring in individual
rental units require renovators to prepare acknowledgment forms for,
distribute pamphlets to, and obtain acknowledgments from, both the owner
and the tenant of the unit.  On the other hand, when renovation events
take place in common areas these activities (prepare certification form,
distribute pamphlet, obtain acknowledgment) apply only to owners of the
unit.  For occupants affected by common area renovations, renovators are
required to ensure written notification of the intended renovation
activity and, if requested, make the pamphlet available to any tenants
making such a request.  The renovator must also document this disclosure
activity by preparing a written statement describing the steps performed
to notify all occupants of the intended renovation activities.  In this
ICR costs for providing pamphlets to tenants affected by common area
renovations are not included because property owners will likely post
copies of the pamphlet in common areas, thereby making them available to
any interested tenants.

	For individual units, the RIA indicates that the majority of renovation
activities involving the individual unit actually occur between tenants
and while the unit is vacant.  As such, EPA estimates that only
approximately one fourth of the rental property renovations will occur
in the individual unit while it is occupied. Thus it is expected that
the notification provisions of the TSCA section 406(b) rule will apply
to 1,131,492 events annually out of a total of 4,525,968 renovations in
rental target housing.

Table 2 – Summary of Renovation Events (per year)

	All housing units	Target housing units	Occupied target housing

Owner-occupied	19,426,241	12,096,720	12,096,720

Rental units	6,379,994	4,525,968	1,131,492

Totals (rental plus owner occupied)	16,622,688	13,228,212

	Estimates for time requirements incurred by respondents in complying
with the various activities are based on conversations with renovation
contractors, building trades groups, and rental property owners and
managers.  The costs of time for renovation contractors (which is
$28.55/hour) and rental property managers (which is $24.60/hour) are
based on the average hourly earnings for July 2006, for the residential
remodeling category and the Real Estate category, respectively.5
Estimated hourly rates reflect a 64 percent mark-up on the raw rate
reported by BLS to reflect overhead and benefits. The 64 percent mark-up
was used in the previous ICR for this collection.

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

	Start-Up Burden - The start-up or first year burden involves the time
and cost required to read and learn the disclosure rule's requirements
and set up procedures for meeting those requirements.  Since start-up
costs are greatest in the first year following promulgation, the
individual start-up burden was estimated for renovators and rental
property managers performing renovation activities in the 1998 ICR.  In
the 1998 ICR, EPA had taken the total burden associated with the first
year of implementing this final rule and annualized it over the next
three years.  These burdens and costs have been removed from the current
ICR.  EPA believes this revised ICR need not include start-up costs
since they have already been encountered by renovators and rental
property managers.  The only start-up costs considered are those for new
entrants to these occupations.  EPA estimates that there will be 31,500
new entrants for renovators and 1,900 new entrants for property
managers.

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

Preparing written acknowledgment/certification for all Owners/Occupants

Preparing written acknowledgment/certification for all Owners of rental
untis (1-unit and common area)

Preparing written acknowledgment/certification for 1-unit occupant

Preparing and delivering the pamphlet to individual Owner/Occupants,
owners of all rental units, and 1-unit rental occupants

Obtaining acknowledgment/certification of the delivered pamphlet from
all Owner/Occupants, owners of all rental units, and 1-unit rental
occupants

Preparing and posting the Notification for common area activities

Preparing a statement describing the steps performed to notify all
occupants of common areas of the intended renovation

	In this transaction, the renovator/manager must prepare the appropriate
document, make sufficient copies, distribute the information, and obtain
the acknowledgments or prepare a certification of the delivery failure.
Since per event burden is likely to vary greatly, dependent upon such
highly variable factors as the method of delivery chosen, the frequency
of this activity for the individual manager/renovator, the number of
events, experience and individual efficiencies, EPA has attempted to
simplify the estimate by making some general assumptions.  These
assumptions are likely to result in an overall overestimate, which the
Agency believes will help ensure that all the variations in these
activities are covered.

	For the purposes of calculating the burden and costs, EPA has assumed
100% of the renovation activities in owner occupied housing
(12,096,720), and 25% of rental property renovation activities
(1,131,492 - assumed earlier as the estimated number of renovation
events taking place in the individual unit) will involve the preparation
of a written acknowledgment.  In addition, a written acknowledgment will
be prepared for 100% of owners of rental units (4,525,968).  Similarly,
for the sake of simplicity EPA has assumed that 100% of the renovation
activities in rental housing will involve the notification of the owner,
even though in some cases the renovations will be conducted by the
rental owner’s staff.  In addition, EPA has used burden numbers that
are chosen to avoid underestimates but which may therefore result in
some overestimation. For example, since the burden calculations for the
written acknowledgment and notification are estimated to be about 2
minutes to prepare the document for the first event, and less than 1
minute to copy that document for subsequent distribution, the average
burden is likely to be something between 1 and 2 minutes per event.
Nonetheless, EPA has used an estimate of 2 minutes per event, to ensure
that any error will be on the high side. All of these assumptions are
consistent with those used in the original RIA for this rule and with
the previous ICR and ICR renewal analyses.

	The renovator/manager is also required to distribute the pamphlet and
obtain acknowledgments from all owner occupants (12,096,720), all owners
of rental units (4,525,968), and individual unit rental occupants
(1,131,492).  As explained in the final rule preamble, EPA has provided
ample flexibility to the renovator/manager for their distribution of the
pamphlet or notification.  Since the renovator/manager will already
visit the site on more than one occasion to complete the contract
transaction, evaluate the site for estimate purposes, deliver material
and the like, EPA believes that personal delivery, i.e., distribution of
the pamphlet or notification, is likely to be combined with one of these
other activities. Since the manager/renovator must obtain the
acknowledgment from the recipient when the information is provided, or
certify that the information was made available and acknowledgment was
refused, this activity will also occur at this time.   EPA estimates
that this transaction may take less than 1 minute, and no more than 4
minutes.  For the ICR, EPA has used an estimate of an average of 2
minutes per event for these calculations.

	There will be some instances when the manager/renovator will need to
provide a self-certification for failed deliveries. These circumstances
may result in a burden that exceeds the estimates described above.
However, EPA believes that the over-estimation that is built into other
portions of this analysis is sufficient to cover any added burden
associated with failed deliveries, so that no additional burden need be
estimated to cover these circumstances. Consequently, the calculations
in this EPA analysis assume that all recipients will provide the
acknowledgment.

	As noted above, renovation activities taking place in the common area
also require the preparation of a statement describing the steps
performed to notify each occupant of the intended renovation.  For this
requirement, EPA is assuming a time estimate of 5 minutes per event.
(See Table 3.)

	The time estimates are based on conversations with renovation
contractors, building trades groups, and rental property owners and
managers.  In determining the corresponding annual cost, EPA used the
hourly rate for renovation construction ($28.55/hr).  (See Table 3.)

  SEQ CHAPTER \h \r 1 Table 3 - Total Annual Burden and Cost Estimates
for

Renovation Contractors & Owners/Rental Property Managers

Activity	Total # People/

Events	Hourly Cost	Per Event	Annual Total

	Burden	Cost	Burden	Cost

  SEQ CHAPTER \h \r 1 Start-up for Annual New Entrant - Renovator	  SEQ
CHAPTER \h \r 1 31,500	  SEQ CHAPTER \h \r 1 $28.55	1.00	$28.55	31,500
SEQ CHAPTER \h \r 1 $899,325

  SEQ CHAPTER \h \r 1 Start-up for Annual New Entrant - Rental Manager
1,900	  SEQ CHAPTER \h \r 1 $24.60	1.00	$24.60	1,900	  SEQ CHAPTER \h \r
1 $46,740

  SEQ CHAPTER \h \r 1 Preparing acknowledgment form for owner/occupants
 SEQ CHAPTER \h \r 1 12,096,720	  SEQ CHAPTER \h \r 1 $28.55	0.033	  SEQ
CHAPTER \h \r 1 $0.94	  SEQ CHAPTER \h \r 1 399,192	  SEQ CHAPTER \h \r
1 $11,396,925

  SEQ CHAPTER \h \r 1 Preparing acknowledgment form for 1-unit rental
occupant	  SEQ CHAPTER \h \r 1 1,131,492	  SEQ CHAPTER \h \r 1 $28.55
0.033	  SEQ CHAPTER \h \r 1 $0.94	  SEQ CHAPTER \h \r 1 37,339	  SEQ
CHAPTER \h \r 1 $1,066,035

  SEQ CHAPTER \h \r 1 Preparing acknowledgment for all owners of rental
units	  SEQ CHAPTER \h \r 1 4,525,968	  SEQ CHAPTER \h \r 1 $28.55	0.033
  SEQ CHAPTER \h \r 1 $0.94	  SEQ CHAPTER \h \r 1 149,357	  SEQ CHAPTER
\h \r 1 $4,264,141

  SEQ CHAPTER \h \r 1 Distribution of pamphlet and obtaining
acknowledgment from owner/ occupants

  SEQ CHAPTER \h \r 1 12,096,720

  SEQ CHAPTER \h \r 1 $28.55

0.033

  SEQ CHAPTER \h \r 1 $0.94

  SEQ CHAPTER \h \r 1 399,192

  SEQ CHAPTER \h \r 1 $11,396,925

  SEQ CHAPTER \h \r 1 Distribution of pamphlet and obtaining
acknowledgment from 1-unit rental occupants

  SEQ CHAPTER \h \r 1 1,513,762

  SEQ CHAPTER \h \r 1 $28.55

0.033

  SEQ CHAPTER \h \r 1 $0.94

  SEQ CHAPTER \h \r 1 49,954

  SEQ CHAPTER \h \r 1 $1,426,191

  SEQ CHAPTER \h \r 1 Distribution of pamphlet and obtaining
acknowledgment from all Owners of rental units

  SEQ CHAPTER \h \r 1 4,525,968

  SEQ CHAPTER \h \r 1 $28.55

0.033

  SEQ CHAPTER \h \r 1 $0.94

  SEQ CHAPTER \h \r 1 149,357

  SEQ CHAPTER \h \r 1 $4,264,141

  SEQ CHAPTER \h \r 1 Notification for common area activities	  SEQ
CHAPTER \h \r 1 4,525,968	  SEQ CHAPTER \h \r 1 $28.55	0.033	  SEQ
CHAPTER \h \r 1 $0.94	  SEQ CHAPTER \h \r 1 149,357	  SEQ CHAPTER \h \r
1 $4,264,141

  SEQ CHAPTER \h \r 1 Preparing, signing, and dating a statement
describing the steps performed to notify all common area occupants of
the intended renovation

  SEQ CHAPTER \h \r 1 4,525,968

  SEQ CHAPTER \h \r 1 $28.55

  SEQ CHAPTER \h \r 1 0.083

  SEQ CHAPTER \h \r 1 $2.37

  SEQ CHAPTER \h \r 1 375,655

  SEQ CHAPTER \h \r 1 $10,724,960

  SEQ CHAPTER \h \r 1 Filing and retaining acknowledgments	  SEQ CHAPTER
\h \r 1 16,622,688	  SEQ CHAPTER \h \r 1 $28.55	  SEQ CHAPTER \h \r 1
0.083	  SEQ CHAPTER \h \r 1 $2.37	  SEQ CHAPTER \h \r 1 1,379,683	  SEQ
CHAPTER \h \r 1 $39,389,953

  SEQ CHAPTER \h \r 1 Totals

  SEQ CHAPTER \h \r 1 3,122,486

  SEQ CHAPTER \h \r 1 $89,139,475

	  SEQ CHAPTER \h \r 1 Recordkeeping Burden - The Recordkeeping Burden
involves the time and cost for meeting the disclosure rule's
recordkeeping requirements.  The individual recordkeeping burden for
renovation contractors and property managers performing renovation work
is based on the estimated total annual number of renovations performed
16,622,688 (12,096,720 + 4,525,968), and the total amount of time spent
in the recordkeeping activity (approximately 5 minutes per event).  In
determining the corresponding annual cost, EPA used the hourly rate for
a renovation construction ($28.55/hr).  (See “Filing and retaining
acknowledgments” in Table 3.)

	Costs for Materials - The costs associated with the pamphlet, the
acknowledgment forms, the certification forms, and notification signs
are all considered to be materials costs and these costs are not
included in the estimated burden and corresponding cost estimate.  The
“materials” costs consist of the cost for purchasing or duplicating
the Lead Hazard Pamphlets, and the materials associated with the
preparation of the acknowledgment form and notifications, as well as any
certification forms. Certification forms are expected to be used
infrequently, but there is no numerical information available on that
frequency. The materials cost for certification forms is expected to be
negligible in comparison to the cost of acknowledgment forms and
therefore has not been separately estimated.

	The Lead Hazard Pamphlets are 16 pages, printed front and back, folded
sheet format (i.e., 4 sheets of standard sized paper per document).  EPA
believes that most renovators will purchase the pamphlet in bulk,
although some may choose to save money by making their own duplicates of
the pamphlet.  As a conservative estimate, EPA is assuming copying costs
of $0.34 for 100% of renovators and rental managers.  EPA assumes that
all owner-occupied renovation events and rental renovation events taking
place in the individual unit will require a copy of the pamphlet.  As a
result, the total cost of pamphlets incurred by renovators and property
managers is $5,651,714, which was calculated using the copying cost per
pamphlet, and the total number of pamphlets required (16,622,688).

	It is assumed that for every renovation event there is one copy of the
written acknowledgment.  Renovators are assumed to generate two document
sets (one for the renovator and one for the owner), for a total of two
copies, at approximately $0.10 each page.  EPA therefore estimates that
the total cost for the written acknowledgment form is $3,324,538, based
on the cost per page and the total annual number of acknowledgments
required (2 x $0.10 x 16,622,688).  The additional cost for the
notification is estimated to be $452,597, based on the cost per page and
the total annual number of renovations in the common areas of target
multi-unit housing ($0.10 x 4,525,968).  The total materials cost
attributed to the information collection activity contained in this
final rule is estimated to be $9,428,849 ($5,651,714 + $3,324,538 +
$452,597).

	6(b)	Estimating Agency Burden and Cost

	Not applicable.  This is a third party notification rule.

	6(c)	Bottom Line Burden Hours and Costs/Master Table

	The total annual burden for this ICR is therefore 3,122,486 hours.  The
total annual cost is estimated to be $98,568,324 including $89,139,475
for implementation activities and $9,428,849 for estimated materials
costs.  See Table 4.

Table 4 - Total Estimated Burden and Costs

	Burden Hours	Cost

Total Implementation Activities	3,122,486	$89,139,475

Material Costs 	-	  $9,428,849

TOTAL	3,122,486	$98,568,324

6(d)	Reasons for Changes in Burden

	The previously approved ICR included an estimated burden of 3,461,542
hours, where this analysis estimates a burden of 3,122,486 hours.  This
represents a decrease of 339,056 hours between this ICR and the
previously approved ICR.  The primary reason for the decrease is a
decline in the estimated number of annual renovation events in rental
units.  Rental unit renovations, in this analysis, are responsible for a
disproportionate share of the burden due to the multiple activities they
generate.  Table 3 includes lines for notification of both owners and
occupants of rental units as well as notification for common area
activities.  The differences in the estimated number of renovation
events are detailed in Table 5.  The numbers show an increase in
owner-occupied events but a decrease in rental unit events.  These
shifts seem to be associated with a shift in renovation expenditures and
activities away from rental property and toward owner-occupied property.
 The result is an approximate ten percent decline in the burden hour
estimate.

Table 5. Changes in the Number of Estimated Renovation Events

Renovation Event	Previously

Approved ICR	Current

ICR	Difference

Owner-Occupied	11,584,202	12,096,720	512,518

One-Unit Dwellings	1,513,762	1,131,492	(382,270)

Common Areas	6,055,048	4,525,968	(1,529,080)

TOTAL	19,153,012	17,754,180	(1,398,832)

	The previously approved ICR included an estimated cost of $111,929,595,
where the estimated cost in this analysis is $98,568,324, a decline of
about $13 million or 12 percent.  The dollar cost of this data
collection has declined somewhat more than the burden hour estimate.
This is primarily due to a slight change in the categories of the BLS
wage data used for this analysis.  The previously approved ICR used a
2003 loaded wage rate estimate from the BLS for renovation contractors
of $31.21 per hour.  This analysis uses 2006 BLS data for workers in the
residential remodeling industry, which produced a loaded wage rate of
$28.55.  Over the period 2003 to 2006, wages in the construction field
have tended slightly upward. This reduction in the estimated
construction wage is somewhat anomalous, and is probably due to this
change in the source of BLS data.  The BLS wage data series used in the
previous analysis does not appear to be available for a direct
comparison.

	6(e)	Burden Statement

	The annual public burden for this collection of information, which is
approved under OMB Control No. 2070-0158, is estimated to be 1.19 hours
per respondent (3,122,486 burden hours for an estimated 2,625,500
respondents).  According to the Paperwork Reduction Act, “burden”
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  For this collection it includes such activities
as annual familiarization with requirements for new entrants, the
preparation of acknowledgment or notification documents, the provision
of the notification document, and record retention of any
acknowledgments.  An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.  The OMB control numbers
for EPA’s regulations in title 40 of the CFR, after appearing in the
Federal Register, are listed in 40 CFR part 9 and included on the
related collection instrument or form, if applicable.

	To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OPPT-2007-0271.  The docket is available for public viewing at
the Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The
EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available through the Federal
Docket Management System (FDMS) at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .  Use FDMS to submit
or view public comments, access the index listing of the contents of the
public docket, and to access those documents in the public docket that
are available electronically.  Once in the system, select “search,”
then key in the docket ID number identified above.  Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA.  Please include the EPA Docket ID No.
EPA-HQ-OPPT-2007-0271 and OMB Control Number 2070-0158 in any
correspondence.

EPA ICR No.  1669.05; OMB Control No. 2070-0158

Attachment 1

Toxic Substances Control Act (TSCA) Section 406

15 U.S.C. 2686

Sec. 2686.  Lead hazard information pamphlet

     (a) Lead hazard information pamphlet

     Not later than 2 years after October 28, 1992, after notice and
opportunity for comment,

     the Administrator of the Environmental Protection Agency, in
consultation with the

     Secretary of Housing and Urban Development and with the Secretary
of Health and Human

     Services, shall publish, and from time to time revise, a lead
hazard information pamphlet to

     be used in connection with this subchapter and section 4852d of
title 42.  The pamphlet shall -

          (1) contain information regarding the health risks associated
with exposure to lead;

           (2) provide information on the presence of lead-based paint
hazards in federally assisted,

          federally owned, and target housing;

          (3) describe the risks of lead exposure for children under 6
years of age, pregnant women,

          women of childbearing age, persons involved in home
renovation, and others residing in a

          dwelling with lead-based paint hazards;

          (4) describe the risks of renovation in a dwelling with
lead-based paint hazards;

          (5) provide information on approved methods for evaluating and
reducing lead-based paint

          hazards and their effectiveness in identifying, reducing,
eliminating, or preventing

          exposure to lead-based paint hazards;

          (6) advise persons how to obtain a list of contractors
certified pursuant to this subchapter

          in lead-based paint hazard evaluation and reduction in the
area in which the pamphlet is to

          be used;

          (7) state that a risk assessment or inspection for lead-based
paint is recommended prior to

          the purchase, lease, or renovation of target housing;

          (8) state that certain State and local laws impose additional
requirements related to

          lead-based paint in housing and provide a listing of Federal,
State, and local agencies in

          each State, including address and telephone number, that can
provide information about

          applicable laws and available governmental and private
assistance and financing; and

          (9) provide such other information about environmental hazards
associated with residential

          real property as the Administrator deems appropriate.

     (b) Renovation of target housing

     Within 2 years after October 28, 1992, the Administrator shall
promulgate regulations under

     this subsection to require each person who performs for
compensation a renovation of target

     housing to provide a lead hazard information pamphlet to the owner
and occupant of such

     housing prior to commencing the renovation.

EPA ICR No. 1669.05; OMB Control No. 2070-0158

Attachment 2

40 CFR Part 745, Subpart E

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

PART 745--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL
STRUCTURES--Table of Contents

Subpart E--Residential Property Renovation

    Source: 63 FR 29919, June 1, 1998, unless otherwise noted.

Sec. 745.80   Purpose.

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

Sec. 745.81   Effective date.

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

Sec. 745.82   Applicability.

    (a) Except as provided in paragraph (b) of this section, this
subpart applies to all renovations of target housing performed for
compensation.

    (b) This subpart does not apply to renovation activities that are
limited to the following:

    (1) Minor repair and maintenance activities (including minor
electrical work and plumbing) that disrupt 2 square feet or less of
painted surface per component.

    (2) Emergency renovation operations.

    (3) Renovations in target housing in which a written determination
has been made by an inspector (certified pursuant to either Federal
regulations at Sec. 745.226 or a State or Tribal certification program
authorized pursuant to Sec. 745.324) that the components affected by the
renovation are free of paint or other surface coatings that contain lead
equal to or in excess of 1.0 milligram per square centimeter or 0.5
percent by weight, where the renovator has obtained a copy of the
determination.

Sec. 745.83   Definitions.

    For purposes of this part, the definitions in Sec. 745.103 as well
as the following definitions apply:

    Administrator means the Administrator of the Environmental
Protection Agency.

    Emergency renovation operations means renovation activities, such as
operations necessitated by non-routine failures of equipment, that were
not planned but result from a sudden, unexpected event that, if not
immediately attended to, presents a safety or public health hazard, or
threatens equipment and/or property with significant damage.

    Multi-family housing means a housing property consisting of more
than four dwelling units.

    Pamphlet means the EPA pamphlet developed under section 406(a) of
TSCA for use in complying with this and other rulemakings under Title IV
of TSCA and the Residential Lead-Based Paint Hazard Reduction Act, or
any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326
that is developed for the same purpose.  This includes reproductions of
the pamphlet when copied in full and without revision or deletion of
material from the pamphlet (except for the addition or revision of State
or local sources of information).

    Person means any natural or judicial person including any
individual, corporation, partnership, or association; any Indian Tribe,
State, or political subdivision thereof; any interstate body; and any
department, agency, or instrumentality of the Federal Government.

    Renovation means the modification of any existing structure, or
portion thereof, that results in the disturbance of painted surfaces,
unless that activity is performed as part of an abatement as defined by
this part (40 CFR 745.223).  The term renovation includes (but is not
limited to): the removal or modification of painted surfaces or painted
components (e.g., modification of painted doors, surface preparation
activity (such as sanding, scraping, or other such activities that may
generate paint dust)); the removal of large structures (e.g., walls,
ceiling, large surface replastering, major re-plumbing); and window
replacement.

    Renovator means any person who performs for compensation a
renovation.

Sec. 745.84   Confidential business information.

    (a) Those who assert a confidentiality claim for submitted
information must provide EPA with two copies of their submission.  The
first copy must be complete and contain all information being claimed as
confidential.  The second copy must contain only information not claimed
as confidential.  EPA will place the second copy of the submission in
the public file.

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

Sec. 745.85   Information distribution requirements.

    (a) Renovations in dwelling units.  No more than 60 days before
beginning renovation activities in any residential dwelling unit of
target housing, the renovator shall:

    (1) Provide the owner of the unit with the pamphlet, and comply with
one of the following:

    (i) Obtain, from the owner, a written acknowledgment that the owner
has received the pamphlet.

    (ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

    (2) In addition to the requirements in paragraph (a)(1) of this
section, if the owner does not occupy the dwelling unit, provide an
adult occupant of the unit with the pamphlet, and comply with one of the
following:

    (i) Obtain, from the adult occupant, a written acknowledgment that
the occupant has received the pamphlet; or certify in writing that a
pamphlet has been delivered to the dwelling and that the renovator has
been unsuccessful in obtaining a written acknowledgment from an adult
occupant.  Such certification must include the address of the unit
undergoing renovation, the date and method of delivery of the pamphlet,
names of the persons delivering the pamphlet, reason for lack of
acknowledgment (e.g., occupant refuses to sign, no adult occupant
available), the signature of the renovator, and the date of signature.

    (ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

    (b) Renovations in common areas.  No more than 60 days before
beginning renovation activities in common areas of multi-family housing,
the renovator shall:

    (1) Provide the owner with the pamphlet, and comply with one of the
following:

    (i) Obtain, from the owner, a written acknowledgment that the owner
has received the pamphlet.

    (ii) Obtain a certificate of mailing at least 7 days prior to the
renovation.

    (2) Notify in writing, or ensure written notification of, each unit
of the multi-family housing and make the pamphlet available upon request
prior to the start of renovation.  Such notification shall be
accomplished by distributing written notice to each affected unit.  The
notice shall describe the general nature and locations of the planned
renovation activities; the expected starting and ending dates; and a
statement of how the occupant can obtain the pamphlet, at no charge,
from the renovator.

    (3) Prepare, sign, and date a statement describing the steps
performed to notify all occupants of the intended renovation activities
and to provide the pamphlet.

    (4) If the scope, locations, or expected starting and ending dates
of the planned renovation activities change after the initial
notification, the renovator shall provide further written notification
to the owners and occupants providing revised information on the ongoing
or planned activities.  This subsequent notification must be provided
before the renovator initiates work beyond that which was described in
the original notice.

    (c) Written acknowledgment.  Sample language for such
acknowledgments is provided in Sec. 745.88.  The written acknowledgments
required in paragraphs (a)(1)(i), (a)(2)(i), and (b)(1)(i) of this
section shall:

    (1) Include a statement recording the owner or occupant’s name and
acknowledging receipt of the pamphlet prior to the start of renovation,
the address of the unit undergoing renovation, the signature of the
owner or occupant as applicable, and the date of signature.

    (2) Be either a separate sheet or part of any written contract or
service agreement for the renovation.

    (3) Be written in the same language as the text of the contract or
agreement for the renovation or, in the case of non-owner occupied
target housing, in the same language as the lease or rental agreement or
the pamphlet.

Sec. 745.86   Recordkeeping requirements.

    (a) Renovators shall retain and, if requested, make available to EPA
all records necessary to demonstrate compliance with this subpart for a
period of 3 years following completion of the renovation activities in
target housing.  This 3-year retention requirement does not supersede
longer obligations required by other provisions for retaining the same
documentation, including any applicable State or Tribal laws or
regulations.

    (b) Records that must be retained pursuant to paragraph (a) of this
section shall include (where applicable):

    (1) Reports certifying that a determination had been made by an
inspector (certified pursuant to either Federal regulations at Sec.
745.226 or an EPA-authorized State or Tribal certification program) that
lead-based paint is not present in the area affected by the renovation,
as described in Sec. 745.82(b)(vi).

    (2) Signed and dated acknowledgments of receipt as described in Sec.
745.85(a)(1)(i), (a)(2)(i), and (b)(1)(i).

    (3) Certifications of attempted delivery as described in Sec.
745.85(a)(2)(i).

    (4) Certificates of mailing as described in Sec. 745.85(a)(1)(ii),
(a)(2)(ii), and (b)(1)(ii).

    (5) Records of notification activities performed regarding common
area renovations, as described in Sec. 745.85(b) (3) and (4).

Sec. 745.87   Enforcement and inspections.

    (a) Failure or refusal to comply with any provision of this subpart
is a violation of TSCA section 409 (15 U.S.C. 2689).

    (b) Failure or refusal to establish and maintain records or to make
available or permit access to or copying of records, as required by this
subpart, is a violation of TSCA sections 15 and 409 (15 U.S.C. 2614 and
2689).

    (c) Failure or refusal to permit entry or inspection as required by
40 CFR 745.87 and TSCA section 11 (15 U.S.C. 2610) is a violation of
sections 15 and 409 (15 U.S.C. 2614 and 2689).

    (d) Violators may be subject to civil and criminal sanctions
pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation.

    (e) EPA may conduct inspections and issue subpoenas pursuant to the
provisions of TSCA section 11 (15 U.S.C. 2610) to ensure compliance with
this subpart.

Sec. 745.88   Acknowledgment and certification statements.

    (a)(1) Acknowledgment statement.  As required under Sec.
745.85(c)(1), acknowledgments shall include a statement of receipt of
the pamphlet prior to the start of renovation, the address of the unit
undergoing renovation, the signature of the owner or occupant as
applicable, and the date of signature.

    (2) Sample acknowledgment language.  The following is a sample of
language that could be used for such acknowledgments:

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

__________________________________________

__________________________________________

Printed Name and Signature

__________________________________________

Date

__________________________________________

__________________________________________

Unit Address

&

Æ

☊ଌFഀ᷆ऀː֠ࡰ@

&

'

(

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

kd‰

kd±

&

&

&

&

&

&

&

&

&

&

Æ

&

&

&

&

&

&

&

&

&

&

&

Æ

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

&

愀Ĥ

愀Ĥ

@

;

摧Ὄ-ᴀ;

á

摧Ὄ-ᴀedgment of receipt of the pamphlet, the renovator is permitted
(per Sec. 745.85(a)(2)(i)) to certify delivery for each instance.  The
certification shall include the address of the unit undergoing
renovation, the date and method of delivery of the pamphlet, names of
the persons delivering the pamphlet, reason for lack of acknowledgment
(e.g.  occupant refuses to sign, no adult occupant available), the
signature of the renovator, and the date of signature.

    (2) Sample certification language.  The following is a sample of
language that could be used under those circumstances:

    (i) Unavailable for signature.

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

__________________________________________

__________________________________________

Printed Name and Signature

__________________________________________

Date

__________________________________________

__

XXXXXXXXXXXXXXXXXXXX

Unit Address

Attempted delivery dates and times:

    (ii) Refusal to sign.

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

__________________________________________

__________________________________________

Printed Name and Signature

__________________________________________

Date

__________________________________________

__________________________________________

Unit Address

Attempted delivery dates and times:

EPA ICR No. 1669.05; OMB Control No. 2070-0158

Attachment 3

Lead Hazard Information Pamphlet

“Protect Your Family from Lead in Your Home”

(Note: An electronic copy of this attachment is available on the EPA
Website at: http://www.epa.gov/opptintr/lead/pubs/leadpdfe.pdf.  Copies
of the same attachment are available in languages other than English at
http://www.epa.gov/opptintr/lead/pubs/leadprot.htm)

	1 U.S. Bureau of Labor Statistics, 2005. Occupational Employment
Statistics, National Cross-Industry series     HYPERLINK
"http://www.bls.gov/oes/home.htm"  http://www.bls.gov/oes/home.htm . The
Specialty Trade Contractors included were carpenters, carpet installers,
drywall workers and lathers, glaziers, insulation workers, painters and
paperhangers, plasterers, and plumbers.

	2 U.S. Bureau of Labor Statistics, 2005. Occupational Employment
Statistics, National Cross-Industry series     HYPERLINK
"http://www.bls.gov/oes/home.htm"  http://www.bls.gov/oes/home.htm .

	3 U.S. Census Bureau, Residential Improvements and Repair Statistics,
2005, Construction Report series,     HYPERLINK
"http://www.census.gov/const/www/c50index.html"
http://www.census.gov/const/www/c50index.html

	4See U.S. HUD, American Housing Survey for the United States: 2005,
issued August 2006, Tables 1A-1 and 1A-3.

	5 Data extracted from BLS Current Employment Statistics Data,
HYPERLINK "http://www.bls.gov/ces/home.htm"
http://www.bls.gov/ces/home.htm . The real estate earnings data are from
CES series CEU55531, and the construction earnings data are from the
series for residential remodelers, CEU236118.

-   PAGE   1  -


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36816-36817]
[FR Doc No: 2013-14537]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-05]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

-----------------------------------------------------------------------

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before July 9, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0078 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tyneka Thomas ARM-105,<PHONE_NUMBER>,
FAA, Office of Rulemaking, 800 Independence Ave. SW., Washington, DC
20591. This notice is published pursuant to 14 CFR 11.85.

    Issued In Washington, DC, On June 13, 2013.
Ida M. Klepper,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0078.
    Petitioner: American Airlines.
    Sections of 14 CFR Affected: Sec.  121.915(d).
    Description of Relief Sought: American Airlines requests relief to
allow to exceed the initial 24 month continuing qualification cycle
required by Sec.  121.915(d). American Airlines is requesting initial
approval in new fleets for a 36 month continuing qualification cycle
with two evaluation periods of equal duration. The 36 month continuing
qualification cycle requested is consistent with the continuing

qualification cycle currently approved and utilized by all other
American Airlines fleet continuing qualification curricula.

[FR Doc. 2013-14537 Filed 6-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64734-64737]
[FR Doc No: 2012-25667]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0299, FRL-9742-3]

Approval and Promulgation of Implementation Plans; North Dakota:
Prevention of Significant Deterioration; Greenhouse Gas Permitting
Authority and Tailoring Rule; PM2.5 NSR Implementation Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a revision to the North Dakota State
Implementation Plan (SIP) relating to regulation of Greenhouse Gases
(GHGs) and fine particulate matter (PM2.5) under North
Dakota's Prevention of Significant Deterioration (PSD) program. This
revision was submitted by the North Dakota Department of Health
Division of Air Quality (ND DOH DAQ) to EPA on April 18, 2011. It is
intended to align North Dakota's regulations with the ``PSD and Title V
Greenhouse Gas Tailoring Final Rule'' and the final rule for
``Implementation of the New Source Review (NSR) Program for
PM2.5.'' EPA is approving the revision because the Agency
has determined that the SIP revision, already adopted by North Dakota
as a final effective rule, is in accordance with the Clean Air Act (CAA
or Act) and EPA regulations regarding PSD permitting for GHGs and
PM2.5.

DATES: This action is effective on November 23, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2012-0299. All documents in the docket
are listed at http://www.regulations.gov. Although listed in the index,
some information may not be publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at EPA Region 8, Air Quality Planning Unit (8P-AR), 1595
Wynkoop Street, Denver, Colorado 80202. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Information is organized as follows:

Table of Contents

I. What action is EPA finalizing in today's notice?
II. What is the background for the PSD SIP final approval by EPA in
today's notice?
    A. GHG-Related Actions
    B. PM2.5-Related Actions
    C. North Dakota's Actions
III. What is EPA's analysis of North Dakota's SIP revision?
IV. Response to Comments
V. Final Action
VI. Statutory and Executive Order Reviews

I. What action is EPA finalizing in today's notice?

    On April 18, 2011, ND DOH submitted a request to EPA to approve
revisions to the state's SIP and Title V program to incorporate recent
rule amendments adopted by the ND DOH DAQ. These adopted rules became
effective in the North Dakota Administrative Code on that date. Among
other things, the amendments establish thresholds for GHG emissions in
North Dakota's PSD and Title V regulations at the same emissions
thresholds and in the same time-frames as those specified by EPA in the
``PSD and Title V Greenhouse Gas Tailoring Final Rule'' (75 FR 31514,
June 3, 2010), hereinafter referred to as the ``Tailoring Rule,''
ensuring that smaller GHG sources emitting less than these thresholds
will not be subject to permitting requirements for GHGs that they emit.
The requested revisions to the SIP will clarify the applicable
thresholds in the North Dakota SIP and incorporate state rule changes
adopted at the state level into the federally-approved SIP.
    The revisions to the SIP also address requirements for PSD programs
with regard to emissions of PM2.5. These requirements were
specified by EPA in the rule, ``Implementation of the New Source Review
(NSR) Program for Particulate Matter Less Than 2.5 Micrometers
PM2.5 (PM2.5)'' (73 FR 28321, May 16, 2008),
hereinafter referred to as the ``PM2.5 NSR Implementation
Rule.'' On July 13, 2012, EPA proposed approval of North Dakota's April
18, 2011 SIP submittal for incorporation into the SIP (77 FR 41343). We
did not propose approval of ND's Title V operating permit program
revision, which is handled separately because the Title V program is
not part of the SIP. In today's notice, pursuant to section 110 of the
CAA, EPA is approving the SIP revisions into the North Dakota SIP.
    North Dakota also submitted revisions to the General Provisions
(Section 33-15-01-04), Ambient Air Quality Standards (Sections 33-15-
02-04.1 and 33-15-02-07, and Tables 1 and 2), and Designated Air
Contaminant Sources, Permit to Construct, Minor Source Permit to
Operate, Title V Permit to Operate (Sections 33-15-14-01.9, 10, 12 and
15, 33-15-14-02.1, 33-15-14-02.13 and 33-15-14-03.1.c). In today's
final rulemaking, EPA is not taking action on those submittals; EPA
will act on them in a separate rulemaking.

II. What is the background for the PSD SIP final approval by EPA in
today's notice?

    This section briefly summarizes EPA's recent GHG and
PM2.5-related actions that provide the background for
today's final action. More detailed discussion of the background is
found in the preambles for those actions. In particular, for GHGs the
background is contained in the PSD SIP Narrowing

Rule,\1\ and in the preambles to the actions cited therein.
---------------------------------------------------------------------------

    \1\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
---------------------------------------------------------------------------

A. GHG-Related Actions

    EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's final action on
the North Dakota SIP. Four of these actions include, as they are
commonly called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\2\ the ``Johnson
Memo Reconsideration,'' \3\ the ``Light-Duty Vehicle Rule,'' \4\ and
the ``Tailoring Rule.'' Taken together and in conjunction with the CAA,
these actions established regulatory requirements for GHGs emitted from
new motor vehicles and new motor vehicle engines; determined that such
regulations, when they took effect on January 2, 2011, subjected GHGs
emitted from stationary sources to PSD requirements; and limited the
applicability of PSD requirements to GHG sources on a phased-in basis.
EPA took this last action in the Tailoring Rule, which, more
specifically, established appropriate GHG emission thresholds for
determining the applicability of PSD requirements to GHG-emitting
sources.
---------------------------------------------------------------------------

    \2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \3\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (Apr. 2,
2010).
    \4\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
---------------------------------------------------------------------------

    PSD is implemented through the SIP system. In December 2010, EPA
promulgated several rules to implement the new GHG PSD SIP program.
Recognizing that some states had approved SIP PSD programs that did not
apply PSD to GHGs, EPA issued a SIP Call and, for some of these states,
a Federal Implementation Plan (FIP).\5\ Recognizing that other states
had approved SIP PSD programs that do apply PSD to GHGs, but that do so
for sources that emit as little as 100 or 250 tons per year (tpy) of
GHG, and that do not limit PSD applicability to GHGs to the higher
thresholds in the Tailoring Rule, EPA issued the PSD SIP Narrowing
Rule. Under that rule, EPA withdrew its approval of the affected SIPs
to the extent those SIPs covered GHG-emitting sources below the
Tailoring Rule thresholds. EPA based its action primarily on the
``error correction'' provisions of CAA section 110(k)(6).
---------------------------------------------------------------------------

    \5\ Specifically, by action dated December 13, 2010, EPA
finalized a ``SIP Call'' that would require those states with SIPs
that have approved PSD programs but do not authorize PSD permitting
for GHGs to submit a SIP revision providing such authority. ``Action
To Ensure Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR
77698 (December 13, 2010). EPA made findings of failure to submit in
some states which were unable to submit the required SIP revision by
their deadlines, and finalized FIPs for such states. See, e.g.
``Action To Ensure Authority To Issue Permits Under the Prevention
of Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases,'' 75 FR 81874 (December 29,
2010); ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246
(December 30, 2010). Because North Dakota's SIP already authorized
North Dakota to regulate GHGs at the Tailoring Rule thresholds once
GHGs became subject to PSD requirements on January 2, 2011, North
Dakota is not subject to the SIP Call or FIP.
---------------------------------------------------------------------------

B. PM2.5-Related Actions

    On May 16, 2008, EPA issued final rules governing the
implementation of the New Source Review (NSR) program for particulate
matter less than 2.5 micrometers in diameter (PM2.5), also
known as fine particles. The PM2.5 NSR Implementation Rule
finalized several NSR program requirements for sources that emit
PM2.5 and other pollutants that contribute to
PM2.5, including; pollutants that contribute to
PM2.5 that are subject to NSR regulations, major source
thresholds, significant emissions rates, interpollutant offset trading,
revised SIP submittal deadlines and timing of implementation of the
rule. The rule requires PSD permits to address directly emitted
PM2.5 as well as pollutants responsible for secondary
formation of PM2.5 as follows:
     Sulfur dioxide (SO2)--regulated as a
PM2.5 precursor
     Nitrogen oxides (NOx)--regulated as a PM2.5
precursor unless a state demonstrates that NOx emissions are not a
significant contributor to the formation of PM2.5 for an
area in the state.
     Volatile organic compounds (VOC)--not regulated as a
PM2.5 precursor unless a state demonstrates that VOC
emissions are a significant contributor to the formation of
PM2.5 for an area in the state.

C. North Dakota's Actions

    On June 21, 2010, North Dakota provided a letter to EPA, in
accordance with a request to all states from EPA in the Tailoring Rule,
with confirmation that the State of North Dakota has the authority to
regulate GHGs in its existing SIP-approved PSD program at the Tailoring
Rule thresholds. The letter also confirmed North Dakota's intent to
amend its air quality rules for the PSD program for GHGs to explicitly
match the thresholds set in the Tailoring Rule. See the docket for this
final rulemaking for a copy of North Dakota's letter.
    The rulemaking docket includes a Dec. 14, 2010 memo from EPA Region
8 that documents communications between EPA and the State of North
Dakota, with regard to the question of whether the state believed that
it needed the PSD SIP Narrowing Rule. The state's 60-day response
letter to EPA, dated June 21, 2010, stated, in part, ``The Department
believes it has existing authority to issue both PSD and Title V
permits for sources of greenhouse gases based on the applicability
thresholds specified in the tailoring rule.'' Therefore, the state
believed the narrowing rule was unnecessary for North Dakota. As a
result, North Dakota was not subject to the PSD SIP Narrowing Rule.

III. What is EPA's analysis of North Dakota's SIP revision?

    On April 18, 2011, ND DOH DAQ submitted a revision of its
regulations to EPA for processing and approval into the SIP. This SIP
revision explicitly adopts the GHG emission thresholds for PSD
applicability set forth in EPA's Tailoring Rule. EPA's approval of
North Dakota's SIP revision will incorporate the revisions of the North
Dakota regulations into the Federally-approved SIP. Doing so will
clarify the applicable thresholds in the North Dakota SIP.
    The SIP revision establishes thresholds for determining which
stationary sources and modification projects become subject to
permitting requirements for GHG emissions under North Dakota's PSD
program. Specifically, North Dakota's SIP revision includes changes--
which are already state effective--to North Dakota's Administrative
Code, revising chapter 33-15-15 ``Prevention of Significant
Deterioration of Air Quality,'' subsection 33-15-15-01.2 ``Scope.''
    In subsection 33-15-15-01.2, North Dakota implements the PSD
program by, for the most part, incorporating by reference the federal
PSD program at 40 CFR 52.21. Under the current SIP, the federal PSD
program is incorporated as it existed on August 1, 2007. Under the SIP
revision, the federal PSD program as it existed on July 2, 2010 is
incorporated by reference. This includes revisions to the federal PSD
program that were

published as a final rule in the Federal Register by this date but had
not yet been published in the Code of Federal Regulations (CFR). The
Tailoring Rule, including the necessary revisions to the federal PSD
program, was published as a final rule in the Federal Register on June
3, 2010, and on July 1, 2010, the Tailoring Rule revisions to 40 CFR
52.21 were noted in the published version of the CFR. The SIP revision
therefore incorporates the PSD requirements of the Tailoring Rule.
    Similarly, the revision incorporates, for the most part, the PSD
requirements of the PM2.5 NSR Implementation Rule
(promulgated May 16, 2011) as reflected in 40 CFR 52.21, with one
exception. North Dakota has modified the language in the definition of
``regulated NSR pollutant'' at 40 CFR 52.21(b)(5) regarding
PM2.5 precursor presumptions. The modification explicitly
establishes that nitrogen oxides are a precursor to PM2.5
and that volatile organic compounds are not a precursor to
PM2.5. In other words, the State has not attempted to
demonstrate that nitrogen oxides are not a significant contributor to
ambient PM2.5 concentrations or that volatile organic
compounds are a significant contributor to ambient PM2.5
concentrations. This approach is consistent with the PM2.5
NSR Implementation Rule. Finally, as a result of the updated
incorporation by reference, North Dakota has also adopted the clarified
definition of ``reasonable possibility'' promulgated by EPA on December
21, 2007 (72 FR 72607).
    North Dakota removed language that had previously been added to 40
CFR 52.21(o)(1) for two reasons: To make this requirement entirely
consistent with federal rules and to provide flexibility to use current
methodologies recommended by Federal Land Managers. Chapter 33-15-19 is
still applicable to major sources or major modifications under PSD;
however, the revised PSD rules in Chapter 33-15-15 do not bind North
Dakota to Chapter 33-15-19 for the visibility analysis.
    North Dakota is currently a SIP-approved state for the PSD program,
and has previously incorporated EPA's 2002 NSR reform revisions for PSD
into its SIP. See 72 FR 39564 (July 19, 2007). The changes to North
Dakota's PSD program regulations are substantively the same as the
federal provisions amended in EPA's Tailoring Rule and PM2.5
NSR Implementation Rule. As part of its review of North Dakota's
submittal, EPA performed a line-by-line review of North Dakota's
revision and has determined that it is consistent with the Tailoring
Rule and PM2.5 NSR Implementation Rule.

IV. Response to Comments

    EPA did not receive comments on our July 13, 2012 Federal Register
notice proposing approval of North Dakota's SIP revision relating to
regulation of GHGs and fine particulate matter under the North Dakota
PSD program.

V. Final Action

    Pursuant to section 110 of the CAA, EPA is approving North Dakota's
April 18, 2011 revisions to the North Dakota SIP, relating to PSD
requirements for GHG- and PM2.5-emitting sources.
Specifically, North Dakota's SIP revision establishes appropriate
emissions thresholds for determining PSD applicability to new and
modified GHG-emitting sources in accordance with EPA's Tailoring Rule.
The final SIP revision also satisfies PSD requirements for treatment of
PM2.5 in accordance with EPA's PM2.5 NSR
Implementation Rule. As a result, EPA has determined that this SIP
revision is approvable.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements and disapproves other state law because it does not meet
federal requirements; this final action does not impose additional
requirements beyond those imposed by state law. For that reason, this
final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Incorporation by reference, Environmental protection, Air pollution
control, Intergovernmental relations, and Reporting and recordkeeping
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 3, 2012.
James B. Martin,
Regional Administrator, Region 8.

    Therefore, 40 CFR chapter I is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart JJ--North Dakota

0
2. Section 52.1820 in paragraph (c) is amended by revising the table
entry for ``33-15-15-01.2'' to read as follows

Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

                                        State of North Dakota Regulations
----------------------------------------------------------------------------------------------------------------
                                                                State      EPA approval date and
          State citation                Title/subject      effective date       citation \1\       Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
33-15-15-01.2....................  Prevention of                 10/27/10  [9/27/12, Insert       ..............
                                    Significant                             Federal Register
                                    Deterioration of Air                    page number where
                                    Quality, Scope.                         the document
                                                                            begins.]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    Authority: 42 U.S.C. 7401 et seq.
* * * * *
[FR Doc. 2012-25667 Filed 10-22-12; 8:45 am]
BILLING CODE 6560-50-P