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

EPA ICR No.: 1669.04 OMB Control No.: 2070 0158 1( b) Short Characterization Section 406( b) of Title IV of the Toxic Substances Control Act ( TSCA)( 15 U. S. C. 2686, see Attachment 1) requires the U. S. Environmental Protection Agency ( EPA) to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet ( developed under section 406( a) of TSCA) to the owner and occupant of such housing prior to commencing the renovation. Target housing is defined as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities ( unless any child who is less than six years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero bedroom dwelling ( section 401( 17) of TSCA, 15 U. S. C. 2681). Those who fail to provide the pamphlet, as required, may be subject to both civil and criminal sanctions under section 16 of TSCA.

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

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

This ICR examines the respondent paperwork requirements and associated hour and cost burden of the regulations at 40 CFR part 745, subpart E. Sections 1 through 5 of the ICR describe the paperwork requirements associated with the distribution of the lead hazard information pamphlet prior to commencing renovations of target housing for compensation. Section 6 estimates the annual hour and cost burden to respondents in complying with these paperwork requirements.  2  Note that this ICR does not address hour and cost burden to recipients of the lead hazard information pamphlet ( i. e., owners and occupants of target housing) because the pamphlet is originally supplied by the Federal government. Under 5 CFR 1320.3( c)( 2), " the public disclosure of information originally supplied by the Federal government to the [ respondent] for the purpose of disclosure to the public is not included" as a " collection of information." In addition, because the acknowledgment of receipt obtained by the renovator only involves " that burden necessary to identify the respondent, the date, the respondent's address, and the nature of the instrument," completion of the acknowledgment form by the owner and occupant of the target housing is not considered to be " information" under 5 CFR 1320.3( h)( 1).

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

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

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

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

In addition, the renovator must notify in writing, or ensure written notification of, each  3  affected unit of the multi family housing and make the pamphlet available upon request prior to start of the renovation. Such notification must be accomplished by distributing written notice to each affected unit. The notice must describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator ( section 745.85( b)( 2)).

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

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

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection Section 406( b) of TSCA requires EPA to promulgate regulations requiring certain persons who perform renovations of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. Regulations promulgated under the authority of section 406( b) ensure that owners and occupants of target housing are provided information concerning potential hazards of lead based paint exposure before certain renovations are begun on that housing. The Agency believes that the distribution of the pamphlet will help to reduce the exposures that cause serious lead poisonings, especially in children under age six, who are particularly susceptible to the hazards of lead.

2( b) Practical Utility and Users of the Data Owners and occupants of target housing must be provided with a lead hazard information pamphlet before any renovation commences. Information contained in the lead hazard information pamphlet may be used by owners and occupants of target housing to take appropriate precautions to avoid exposure to lead contaminated dust and lead based paint debris that are sometimes generated during renovations.  4  In addition, the recordkeeping requirements under 40 CFR part 745, subpart E enable EPA, State, and local regulators and the courts to determine initial compliance and monitor continued compliance with the provisions of section 406( b) of TSCA. The record of compliance could also serve as a crucial piece of information in civil actions to establish liability.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication EPA has determined that no other Federal agency collection satisfies the statutory requirements of section 406( b) of TSCA.

3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on June 18, 2004 ( 69 FR 20871, April 19, 2004). During the comment period, EPA received three comments from the following individuals and groups, as discussed below. Copies of the comments appear in this ICR as Attachment 4.

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

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

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

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

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

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

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

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

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

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

Renovation Contractors:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3( d) Effects of Less Frequent Collection Regulations at 40 CFR part 745, subpart E do not include any reporting requirements, only recordkeeping requirements. Therefore, a collection schedule is not applicable.

3( e) General Guidelines This collection does not exceed any of the Paperwork Reduction Act guidelines at 5 CFR 1320.5.

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

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

In addition, section 745.84( b) establishes that EPA will disclose information subject to a claim of confidentiality only to the extent permitted by section 14 of TSCA and 40 CFR part 2, subpart B. If a person does not assert a claim of confidentiality for information at the time it is submitted to EPA, EPA may make the information public without further notice to that person.  13  3( g) Sensitive Questions No questions of a sensitive nature are included in the information collection requirements associated with the distribution of the lead hazard information pamphlet.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and NAICS Codes The North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the requirements covered in this ICR are described below:

NAICS Code Industrial Sector 23321 Single Family Housing Construction 23322 Multifamily Housing Construction 23511 Plumbing, Heating, and Air Conditioning Contractors 23521 Painting and Wall Covering Contractors 23531 Electrical Contractors 23541 Masonry and Stone Contractors 23542 Drywall, Plastering, Acoustical, and Insulation Contractors 23543 Tile, Marble, Terrazzo, and Mosaic Contractors 23551 Carpentry Contractors 23552 Floor Laying and Other Floor Contractors 23561 Roofing, Siding, and Sheet Metal Contractors 23571 Concrete Contractors 23581 Water Well Drilling Contractors 23591 Structural Steel Erection Contractors 23592 Glass and Glazing Contractors 23593 Excavation Contractors 23594 Wrecking and Demolition Contractors 23595 Building Equipment and Other Machinery Installation Contractors 23599 All Other Special Trade Contractors NAICS Code Industrial Sector  14  53111 Lessors of Residential Buildings and Dwellings 53119 Lessors of Other Real Estate Property 53121 Offices of Real Estate Agents and Brokers 531311 Residential Property Managers 53132 Offices of Real Estate Appraisers 53139 Other Activities Related to Real Estate 4( b) Information Requested In the following paragraphs, EPA describes the paperwork requirements associated with the distribution of the lead hazard information pamphlet.

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

( i) Data Items:

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

( ii) Respondent Activity:

A renovator performing renovations of target housing for compensation may be exempt from the regulations in 40 CFR part 745, subpart E by obtaining copy of a determination made by a certified inspector that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.  15  Information Distribution Requirements for Renovation in Dwelling Units Under 40 CFR 745.85( a), no more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, a renovator must provide the owner of the dwelling unit with a lead hazard information pamphlet, and must comply with the procedures specified at section 745.85( a)( 1)( i) or ( ii). In addition, if the owner does not occupy the dwelling unit, the renovator must provide an adult occupant of the unit with the pamphlet, and comply with the procedures specified at section 745.85( a)( 2)( i) or ( ii).

( i) Data Items:

Lead hazard information pamphlet; and

Documentation providing proof that the pamphlet was provided to the owner and occupant of the target housing or that an attempt was made to provide the pamphlet to the owner and occupant of the target housing ( e. g., collect signed acknowledgment form, provide self certification for failed deliveries, document mailing the information).

( ii) Respondent Activities:

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

Prepare acknowledgment and certification forms;

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

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

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

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

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

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

( i) Data Items:

Lead hazard information pamphlet;

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

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

( ii) Respondent Activities:

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

Prepare acknowledgment and certification forms;

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

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

Notify in writing, or ensure written notification of, each unit of the multi family housing and make the pamphlet available upon request prior to start of the renovation;

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

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

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

( i) Data Items:

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

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

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

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

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

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

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

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities There are no Agency activities associated with the distribution of lead hazard information pamphlets to owners and occupants of target housing prior to commencing renovations for compensation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The renovator/ manager is also required to distribute the pamphlet and obtain acknowledgments from all owner occupants ( 11,584,202), all owners of rental units ( 6,055,048), and individual unit rental occupants ( 1,513,762). As explained in the final rule preamble, EPA has provided ample flexibility to the renovator/ manager for their distribution of the pamphlet or notification. Since the renovator/ manager will already visit the site on more than one occasion to complete the contract transaction, evaluate the site for estimate purposes, deliver material and the like, EPA believes that personal delivery, i. e., distribution of the pamphlet or notification, is likely to be combined with one of these other activities. Since the manager/ renovator must obtain the acknowledgment from the recipient when the information is provided, this activity will also occur at this time. EPA estimates that this transaction may take less than 1 minute, and no more than 4 minutes. For the ICR, EPA has used an average estimate of 2 minutes per event for these calculations. By assuming that all recipients will provide the acknowledgment, and given the overestimate in the number of events, EPA believes that this estimate also covers those situations in which the manager/ renovator may need to provide a self certification for failed deliveries. Furthermore, EPA did not take any credits or reductions to reflect the potential exemptions.

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

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

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

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

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

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

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

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

Table 4. Changes in the Number of Estimated Renovation Events Renovation Event Previously Approved ICR Current ICR Difference Owner Occupied 10,678,100 11,548,202 870,102 One Unit Dwellings 1,117,681 1,513,762 396,081 Common Areas 4,470,723 6,055,048 1,584,325 TOTAL 16,266,504 19,117,012 + 2,850,508 6( e) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0158, is estimated to be 1.39 hours per response. According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes such activities as annual familiarization with requirements for new entrants, the preparation of acknowledgment or notification documents, the provision of the notification document, and record retention of any acknowledgments. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OPPT 2004 0082, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use 4  29  EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OPPT 2004 0082 and OMB Control Number 2070 0158 in any correspondence. EPA ICR No. 1669.04; OMB Control No. 2070 0158 Attachment 1 Toxic Substances Control Act ( TSCA) Section 406 15 U. S. C. 2686 Sec. 2686. Lead hazard information pamphlet ( a) Lead hazard information pamphlet Not later than 2 years after October 28, 1992, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this subchapter and section 4852d of title 42. The pamphlet shall  ( 1) contain information regarding the health risks associated with exposure to lead; ( 2) provide information on the presence of lead based paint hazards in federally assisted, federally owned, and target housing; ( 3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead based paint hazards; ( 4) describe the risks of renovation in a dwelling with lead based paint hazards; ( 5) provide information on approved methods for evaluating and reducing lead based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead based paint hazards; ( 6) advise persons how to obtain a list of contractors certified pursuant to this subchapter in lead based paint hazard evaluation and reduction in the area in which the pamphlet is to be used; ( 7) state that a risk assessment or inspection for lead based paint is recommended prior to the purchase, lease, or renovation of target housing; ( 8) state that certain State and local laws impose additional requirements related to lead based paint in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available governmental and private assistance and financing; and ( 9) provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate. ( b) Renovation of target housing Within 2 years after October 28, 1992, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation. EPA ICR No. 1669.04; OMB Control No. 2070 0158 Attachment 2 40 CFR Part 745, Subpart E TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 745 LEAD BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES Table of Contents Subpart E Residential Property Renovation Source: 63 FR 29919, June 1, 1998, unless otherwise noted.

Sec. 745.80 Purpose.

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

Sec. 745.81 Effective date.

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

Sec. 745.82 Applicability.

( a) Except as provided in paragraph ( b) of this section, this subpart applies to all renovations of target housing performed for compensation. ( b) This subpart does not apply to renovation activities that are limited to the following: ( 1) Minor repair and maintenance activities ( including minor electrical work and plumbing) that disrupt 2 square feet or less of painted surface per component. ( 2) Emergency renovation operations. ( 3) Renovations in target housing in which a written determination has been made by an inspector ( certified pursuant to either Federal regulations at Sec. 745.226 or a State or Tribal certification program authorized pursuant to Sec. 745.324) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

Sec. 745.83 Definitions.

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

Sec. 745.84 Confidential business information.

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

Sec. 745.85 Information distribution requirements.

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

Sec. 745.86 Recordkeeping requirements.

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

Sec. 745.87 Enforcement and inspections.

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

Sec. 745.88 Acknowledgment and certification statements.

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

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

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

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

Printed Name and Signature __________________________________________ Date __________________________________________ __

[[ Page 461]]

XXXXXXXXXXXXXXXXXXXX Unit Address Attempted delivery dates and times:

( ii) Refusal to sign.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. How burdensome is it?

Shouldn't be much of a burden.

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

Don't know.

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

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

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

Yes, it is clear.

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

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

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

No.

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

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

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

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

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

Ms. Gillig's Clarification:

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

6. How burdensome is it?

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

Ms. Gillig's Clarification:

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

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

Ms. Gillig's Clarification:

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

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

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

Ms. Gillig's Clarification:

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

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

Yes.

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

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

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

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

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

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

Yes. Most people/ contractors keep records for longer.

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

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

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

6. How burdensome is it?

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

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

Cost of document supply.

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

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

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

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

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

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

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

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

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

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

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

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

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

One day to mail out to two buildings.

6. How burdensome is it?

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

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

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

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

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

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

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

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

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

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

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

Perhaps.

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

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

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

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

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

6. How burdensome is it?

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

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

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

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

No.