[Federal Register: August 3, 2004 (Volume 69, Number 148)]
[Notices]
[Page 46534-46535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au04-65]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2003-0070; FRL -7796-5]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Residential Lead-Based Paint
Hazard Disclosure Requirements; EPA ICR No. 1710.04, OMB No. 2070-0151
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the following Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. This ICR is scheduled to expire on July
31, 2004. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. This ICR describes the nature of the information collection and
its estimated cost.
DATES: Additional comments may be submitted on or before September 2,
2004.
ADDRESSES: Submit your comments, referencing docket ID Number OPPT-
2003-0070, to (1) EPA online using EDOCKET (our preferred method), by
email to oppt.ncic@epa.gov or by mail to: Document Control Office
(DCO), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, Mail code: 7407T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB at: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mail code: 7408, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On January 12, 2004, EPA sought comments on this renewal ICR
(69 FR 1740) pursuant to 5 CFR 1320.8(d). EPA received no comments
during the comment period.
EPA has established a public docket for this ICR under Docket ID
No. OPPT-2003-0070, which is available for public viewing at the OPPT
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the 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 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.
Any comments related to this ICR should be submitted to EPA and OMB
within 30 days of this notice. Please note, EPA's policy is that public
comments, whether submitted
[[Page 46535]]
electronically or in paper, will be made available for public viewing
in EDOCKET as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose public
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EDOCKET. The
entire printed comment, including the copyrighted material, will be
available in the public docket. Although identified as an item in the
official docket, information claimed as CBI, or whose disclosure is
otherwise restricted by statute, is not included in the official public
docket, and will not be available for public viewing in EDOCKET. For
further information about the electronic docket, see EPA's Federal
Register notice describing the electronic docket at 67 FR 38102 (May
31, 2002), or go to http://www.epa.gov/edocket.
ICR Title: Residential Lead-Based Paint Hazard Disclosure
Requirements (EPA ICR No. 1710.04, OMB No. 2070-0151).
Abstract: Section 1018 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and
lessors of most residential housing built before 1978 disclose known
information on the presence of lead-based paint and lead-based paint
hazards, and provide an EPA-approved pamphlet to purchasers and renters
before selling or leasing the housing. Sellers of pre-1978 housing are
also required to provide prospective purchasers with 10 days to conduct
an inspection or risk assessment for lead-based paint hazards before
obligating purchasers under contracts to purchase the property. The
rule does not apply to rental housing that has been found to be free of
lead-based paint, zero-bedroom dwellings, housing for the elderly,
housing for the handicapped, or short-term leases. The affected parties
and the information collection-related requirements related to each are
described below:
1. Sellers of pre-1978 residential housing. Sellers of pre-1978
housing must attach certain notification and disclosure language to
their sales/leasing contracts. The attachment lists the information
disclosed and acknowledges compliance by the seller, purchaser and any
agents involved in the transaction.
2. Lessors of pre-1978 residential housing. Lessors of pre-1978
housing must attach notification and disclosure language to their
leasing contracts. The attachment, which lists the information
disclosed and acknowledges compliance with all elements of the rule,
must be signed by the lessor, lessee and any agents acting on their
behalf. Agents and lessees must retain the information for 3 years from
the completion of the transaction.
3. Agents acting on behalf of sellers or lessors. Section 1018 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
specifically directs EPA and HUD to require agents acting on behalf of
sellers or lessors to ensure compliance with the disclosure
regulations.
Responses to the collection of information are mandatory (see 40
CFR part 745, subpart F, and 24 CFR 35, subpart H). 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.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.19
hour per response. 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. This includes the
time needed to review instructions; develop, acquire, install and
utilize technology and systems for the purposes of collecting,
validating and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
Respondents/Affected Entities: Persons engaged in selling,
purchasing or leasing certain residential dwellings built before 1978,
or who are real estate agents representing such parties.
Frequency of Collection: On occasion; third-party notification
only.
Estimated No. of Respondents: 47,516,400.
Estimated Total Annual Burden on Respondents: 8,855,610 hours.
Estimated Total Annual Costs: $136,774,352.
Changes in Burden Estimates: The total estimated annual burden
requested in this ICR (8,855,610 hours) reflects an estimated net
increase of 1,710,198 burden hours from the total estimated burden
identified in the ICR that was last approved by OMB (7,145,412 hours).
This increase is due to the recent increase in real estate sales,
presumably associated with historically low interest rates. The
previous ICR analysis projected sales of target housing units at a rate
of 3,429,447 per year. The current analysis projects sales of 4,324,000
units per year, or an increase of about 895,000 units per year. The
burden increase is an adjustment.
Dated: July 22, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-17664 Filed 8-2-04; 8:45 am]
BILLING CODE 6560-50-P