[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Pages 66087-66089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27170]



[EPA-HQ-OPPT-2010-0801; FRL-8848-6; EPA ICR No. 1710.06; OMB Control 
No. 2070-0151]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Residential Lead-Based Paint Hazard Disclosure 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
entitled: ``Residential Lead-Based Paint Hazard Disclosure 
Requirements'' and identified by EPA ICR No. 1710.06 and OMB Control 
No. 2070-0151, is scheduled to expire on March 31, 2011. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before December 27, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2010-0801, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID Number EPA-HQ-OPPT-2010-0801. 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. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
201-0801. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any

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personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
regulations.gov or e-mail. The regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the docket and made available on the Internet. If you submit 
an electronic comment, EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. 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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available 
electronically at http://www.regulations.gov, or, if only available in 
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA 
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading Room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Michelle Price, 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) 566-0744; fax number: (202) 566-0741; e-mail address: 
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: TSCA-Hotline@epa.gov.


I. 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 collection of information is 
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 burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
    1. Explain your views as clearly as possible and provide specific 
    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 identified 
under DATES.
    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.

III. What information collection activity or ICR does this action apply 

    Affected entities: Entities potentially affected by this ICR are 
persons engaged in selling, purchasing, or leasing certain residential 
dwellings built before 1978, or who are real estate agents representing 
such parties.
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR numbers: EPA ICR No. 1710.06, OMB Control No. 2070-0151.
    ICR status: This ICR is currently scheduled to expire on March 31, 
2011. 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 Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, are listed in 40 CFR 
part 9, are displayed either by publication in the Federal Register or 
by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
for certain EPA regulations is consolidated in 40 CFR part 9.
    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 ten 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 housing must attach certain notification and

[[Page 66089]]

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 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 lessors must retain the 
information for three years from the completion of the transaction.
    3. Agents acting on behalf of sellers or lessors are specifically 
required by section 1018 to comply with the disclosure regulations 
described in this paragraph.
    Responses to the collection of information are mandatory (see 40 
CFR part 745, subpart F, and 24 CFR part 35, subpart H). 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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average about 
0.18 hours 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 which have subsequently changed; 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 here:
    Estimated total number of potential respondents: 39,124,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
    Estimated total annual burden hours: 6,937,330 hours.
    Estimated total annual costs: $126,120,374. This includes an 
estimated burden cost of $126,120,374 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

 IV. Are there changes in the estimates from the last approval?

    There is a decrease of 807,286 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects changes in the housing market, 
namely a gradual reduction in the annual number of real estate sales 
and residential property rentals involving target housing subject to 
the rule's requirements. This change is an adjustment.

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 

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: October 20, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
[FR Doc. 2010-27170 Filed 10-26-10; 8:45 am]