[Federal Register: January 10, 2005 (Volume 70, Number 6)]
[Notices]
[Page 1704-1707]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja05-31]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPT-2004-0127]; FRL-7689-9]
Reporting and Recordkeeping Requirements under EPA's Lead Safety
Partnership (LSP) Pilot Program; Request for Comment on New Information
Collection Activity
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.) EPA is seeking public comment and information on
the following Information Collection Request (ICR): Reporting and
Recordkeeping Requirements under EPA's Lead Safety Partnership (LSP)
Pilot Program (EPA ICR No. 2172.01, OMB Control No. 2070-TBD). This ICR
involves a proposed new collection activity not currently approved by
the Office of Management and Budget (OMB). The information collected
under this ICR relates to identifying and encouraging the use of lead-
safe work practices (LSWP) among contractors and homeowners, thereby
helping to protect the environment and public health from risks
associated with lead-based paint in residential facilities. The ICR
describes the nature of the information collection activity and its
expected burden and costs. Before submitting this ICR to OMB for review
and approval under the PRA, EPA is soliciting comments on specific
aspects of the collection.
DATES: Written comments, identified by the docket identification (ID)
number OPPT-2004-0127, must be received on or before March 11, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact: Dave Topping, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-1974; fax
number: (202) 566-0471; e-mail address: topping.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a company
or individual primarily engaged in renovation, remodeling, and repair,
including general contractors such as painters, plumbers, electricians,
and other trades, in housing properties built before 1978. Potentially
affected entities may include, but are not limited to:
Residential remodelers (NAICS 236118), e.g., addition,
alteration and renovation of buildings, fire and flood restoration,
handyman construction service, home improvement, home renovation, and
remodeling and renovating general contractors, etc.
Specialty trade contractors (NAICS 238), e.g., painting
and wall covering contractors, electrical contractors, and plumbing
contractors, etc.
Architectural services (NAICS 541310), e.g., architectural
private practices, consultants' offices and design services, etc.
Paint and coating manufacturing (NAICS 325510), e.g.,
enamel paints manufacturing, lacquers manufacturing, latex paint (i.e.,
water based) manufacturing, polyurethane coatings manufacturing, wood
fillers manufacturing, etc.
Other construction material merchant wholesalers (NAICS
423390), e.g., building materials merchant wholesalers, etc.
Plumbing and heating equipment and supplies merchant
wholesalers (NAICS 423720), e.g., plumbing supply wholesalers, etc.
Building material and supplies dealers (NAICS 4441), e.g.,
paint and wallpaper stores, hardware retailers, plumbing supply stores,
building materials supply dealers, etc.
Lessors of residential buildings and dwellings (NAICS
531110), e.g., building, apartment, rental or leasing, housing
authorities operating residential buildings, etc.
Building inspection services (NAICS 541350), e.g.,
building inspection services, home inspection services, building or
home inspection bureaus, pre-purchase home inspection services, etc.
Junior colleges, (NAICS 611210) e.g., community colleges,
junior colleges, junior college vocational schools, etc.
Other miscellaneous ambulatory health care services (NAICS
621999), e.g., health screening services, etc.
Other community housing services (NAICS 624229), e.g.,
volunteer housing assistance agencies, volunteer housing repair
organizations, transitional housing agencies, volunteer housing repair
organizations, work (sweat) equity home construction organizations,
etc.
Business associations (NAICS 813910), e.g., Chambers of
Commerce, contractors' and construction associations, etc.
Administration of housing programs (NAICS 9251), urban
planning, and community development, e.g., government housing
authorities, government community development agencies, etc.
Regulation, licensing, and inspection of miscellaneous
commercial sectors (NAICS 926150), e.g., government building inspection
agencies, etc.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPPT-2004-0127. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the EPA Docket Center, Rm. B102-Reading Room, EPA
West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
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Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The EPA Docket Center Reading Room telephone
number is (202) 566-1744 and the telephone number for the OPPT Docket,
which is located in the EPA Docket Center, is (202) 566-0280.
2. Electronic access.You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
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 EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit the Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPPT-2004-0127. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov,
Attention: Docket ID Number OPPT-2004-0127. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Document Control Office (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
3. By hand delivery or courier. Deliver your comments to: OPPT
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number
OPPT-2004-0127. The DCO is open from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the DCO is
(202) 564-8930.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside
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of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is CBI). Information
so marked will not be disclosed except in accordance with procedures
set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the technical person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider when I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the collection activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
F. What Information is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
1. Evaluate whether the proposed collections of information are
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
2. Evaluate the accuracy of the Agency's estimates of the burdens
of the proposed collections of information.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collections of information on those
who are to respond, including through the use of appropriate automated
or electronic collection technologies or other forms of information
technology, e.g., permitting electronic submission of responses.
II. What Information Collection Activity or ICR Does this Action Apply
to?
EPA is seeking comments on the following ICR:
Title: Reporting and Recordkeeping Requirements under EPA's Lead
Safety Partnership (LSP) Pilot Program.
ICR numbers: EPA ICR No. 2172.01, OMB Control No. 2070-TBD.
ICR status: This ICR is a new proposed information collection that
has not been approved by OMB. 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.
Abstract: The LSP is an EPA voluntary program that seeks to
increase the use of LSWP among contractors and homeowners. Participants
in the LSP fall into two categories: Members and Partners. Members are
renovation, remodeling, painting, and other contractors in the building
trades who work in properties built before 1978. Partners are entities
that participate in the LSP but are not contractors. These may include
associations, community-based organizations, retailers, lenders,
realtors, state and local agencies.
Members will be asked to sign a Lead Safety Partnership Member
Agreement indicating that the contractor will train all workers in
LSWP, inform all potential clients in housing built prior to 1978 of
LSWP, use LSWP in such homes, and report annually to the LSP about
numbers of jobs done with LSWP. Members will also be asked to submit a
Lead Safety Partnership Annual Member Report on Progress in Meeting
Goals of Agreement that will include the number of renovation and
remodeling jobs completed in pre-1978 and other housing, number of
employees trained, and information on the Members' satisfaction with
the program. Partners will be asked to sign a Lead Safety Partnership
Partner Agreement that outlines their role and level of commitment.
Partners will also provide an Annual Partner Report on Progress in
Meeting Goals of Agreement. This report will include information on
services provided in the past year and Partner satisfaction with the
program.
EPA will use the information collected under the LSP pilot to
determine the effectiveness of the program in increasing the use of
LSWP. The Agency will also use feedback from Members and Partners to
adjust the pilot program design before instituting a national LSP so
that the program is effective and useful for all parties involved. The
general public is also expected to use some of the information gathered
as homeowners and others undertaking renovation and remodeling projects
consult the LSP Member directory.
Responses to the collection of information are voluntary.
Respondents may claim all or part of a notice confidential. EPA will
disclose information that is covered by a claim of confidentiality only
to the extent permitted by, and in accordance with, the procedures in
TSCA section 14 and 40 CFR part 2.
III. What are EPA's Burden and Cost Estimates for this ICR?
Under the PRA, ``burden'' means the total time, effort, 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 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized in this notice. The annual public burden for
this collection of information is estimated to average 1.9 hours per
response. The following is a summary of the estimates taken from the
ICR:
Respondents/affected entities: Companies and individuals involved
in renovation, remodeling, painting, and other construction activities
in the building trades working in properties built before 1978, and
companies, associations, and individuals involved
[[Page 1707]]
in housing activities, policies, and related issues, such as community-
based organizations, retailers, lenders, realtors, and state and local
agencies.
Estimated total number of potential respondents: 240.
Frequency of response: Annually.
Estimated total/average number of responses for each respondent: 1.
Estimated total annual burden hours: 377 hours.
Estimated total annual burden costs: $14,087.
IV. Are There Changes in the Estimates from the Last Approval?
No. This is a new proposed ICR.
V. What is the Next Step in the Process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting and recordkeeping requirements.
Dated: December 17, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. 05-428 Filed 1-7-05; 8:45 am]
BILLING CODE 6560-50-S