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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2070-0151
ICR Reference No:
201810-2070-004
Status:
Historical Active
Previous ICR Reference No:
201504-2070-003
Agency/Subagency:
EPA/OCSPP
Agency Tracking No:
1710.08
Title:
Residential Lead-Based Paint Hazard Disclosure Requirements (Renewal)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/12/2019
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/25/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2022
36 Months From Approved
11/30/2019
Responses
56,299,873
0
45,146,814
Time Burden (Hours)
5,952,344
0
6,467,176
Cost Burden (Dollars)
13,047,705
0
0
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 disclosure language to their sales/leasing contracts. The attachment lists the information disclosed and a statement of 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 a statement of 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 above.
Authorizing Statute(s):
US Code:
42 USC 4852d
Name of Law: Residential Lead Based Paint Hazard Reduction Act of 1992
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
82 FR 60194
12/20/2017
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 53663
10/24/2018
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Disclosure Acknowledgements by Offerors
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosure Requirement Explanations by Agents for Offerors
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosures by Agents for Home Sellers
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosures by Agents for Owners/Lessors (Landlords)
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Disclosures by Owners/Lessors (Landlords)
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Disclosures by Private Home Sellers (Disclosures)
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Individuals
NA
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Real Estate and Lessor Agents
NA
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Rule Familiarization - New Lessor Agents
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Rule Familiarization - New Real Estate Agents
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Rule Familiarization - Private Sellers/Lessors
None, None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
,
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Tenant Acknowledgements of Disclosure
None
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
56,299,873
45,146,814
0
0
11,153,059
0
Annual Time Burden (Hours)
5,952,344
6,467,176
0
0
-514,832
0
Annual Cost Burden (Dollars)
13,047,705
0
0
0
13,047,705
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There is a decrease of 514,832 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease to the estimated number of respondents based on updates to data sources, and revisions based on market factors, e.g., declines in the numbers of new rentals and declines in the amount of owner-occupied target housing in the market. This change is an adjustment.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Angela Hofmann 202 260-2922 hofmann.angela@epamail.epa.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/25/2018
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