SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Asbestos (40 CFR part 61, subpart M) (Renewal)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NESHAP for Asbestos (40 CFR part 61, subpart M) (Renewal)

	1(b)  Short Characterization/Abstract

	The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Asbestos were proposed on January 10, 1989, and promulgated on
November 20, 1990 (55 FR 48414).  These standards apply to demolition
and renovation of facilities; the disposal of asbestos waste; asbestos
milling, manufacturing and fabricating; the use of asbestos on roadways;
asbestos waste conversion facilities; and the use of asbestos insulation
and sprayed-on materials.  This information is being collected to assure
compliance with 40 CFR part 61, subpart M. 

	The monitoring, recordkeeping, and reporting requirements outlined in
these rules are similar to those required for other NESHAP regulations. 
Consistent with the NESHAP General Provisions (40 CFR part 61, subpart
A), respondents are required to submit initial notifications, conduct
performance tests, and submit semiannual reports.  They are required to
submit semiannual reports of instances when visible emissions are
observed at any time during the six-month period.  They are also
required to maintain records of applicability determinations;
performance test results; exceedances; periods of startup, shutdown, or
malfunction; monitoring records; and all other information needed to
determined compliance with the applicable standard.

	An owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance reports,
and records.  Records and reports must be retained for a total of 5
years, two years on-site.  The files may be maintained on microfilm, on
a computer or floppy disks, on magnetic tape disks, or on microfiche. 
All reports are sent to the delegated state or local authority.  In the
event that there is no such delegated authority, the reports are sent
directly to the United States Environmental Protection Agency (EPA)
regional office.

	For the renewal of this Information Collection Request (ICR), OMB did
not request that EPA address any Terms of Clearance.

We have determined that there are an estimated 9,394 existing sources
currently subject to this rule and that an estimated 38 new sources each
year will become subject to this rule over the next three years of this
ICR.  We have assumed that there are no waste conversion facilities 

currently operating since the Agency has not approved applications for
construction of such operations over the past five years.  We have also
assumed that there are no operations using asbestos insulation and
sprayed-on materials because the Agency has banned spray application of
asbestos insulation to architectural applications.  Therefore, the
burden associated with this rule is primarily a result of demolition and
renovation of facilities; the disposal of asbestos waste and asbestos
milling, manufacturing and fabricating as described below:

1) There are an estimated 8,462 operators of 92,790 existing
demolition/renovation asbestos job sites or an average of 11
notifications per operator per year, of which 85 percent or 9 are for
initial notifications and the remaining 2 are for re-notifications.  We
have also assumed that there would be an increase of about 1 percent on
the number of operators or 84 new operators over the next three years
(i.e., 28 new operators per year) due to new demolition/renovation sites
resulting from reconstruction efforts in areas affected by recent
hurricanes.  Therefore, assuming the same average of notifications per
operator, we expect an increase of 924 notifications over the next three
years of this ICR.  

2) There are an estimated 400 existing asbestos milling, manufacturing
and fabricating sources and no new sources are expected to become
subject to this rule since less asbestos is finding its way into
products.

3) There are an estimated 1,119 municipal/Subtitle D landfills (i.e.,
waste disposal sites) nation-wide, of which 50 percent or 560 will be
receiving asbestos-containing wastes and subject to this rule.  We
anticipate no net growth in this industry due to the assumption that 10
landfills will close each year while 10 new landfills will commence to
accept asbestos-containing materials and will become subject to this
rule.  

The estimated number of sources for each category and the assumptions
made were based on a review of the information available on the active
ICR, EPA databases such as the National Asbestos Registry System (NARS)
data for demolition/renovation contractors, and consultation with the
rule lead addressing this source category at the Office of Air Quality
Planning and Standards (OAQPS), and the sector lead in the Office of
Compliance.

 

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	EPA is charged under section 112 of the Clean Air Act, as amended, to
establish standards of performance for each category or subcategory of
major sources and area sources of hazardous air pollutants (HAP).  These
standards are applicable to new or existing sources of hazardous air
pollutants and shall require the maximum degree of emission reduction. 
In addition, section 114(a) states that the Administrator may require
any owner/operator subject to any requirement of this Act to: 

(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

	In the Administrator's judgment asbestos emissions from the demolition
and renovation of asbestos-containing structures, the disposal of
asbestos waste, asbestos waste conversion operations, asbestos milling,
manufacturing, and fabricating, the use of asbestos on roadways, and the
use of asbestos insulation and spray materials cause or contribute to
air pollution that may reasonably be anticipated to endanger public
health or welfare.  Therefore, the NESHAP standards were promulgated for
this source category at 40 CFR part 61, subpart M.

	2(b)  Practical Utility/Users of the Data

	The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations that were promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings. 
Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standard. 
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance test, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

	The notifications required in the standard are used to inform the
Agency or delegated authority when a source becomes subject to the
requirements of the regulations.  The reviewing authority may then
inspect the source to ensure that the pollution control devices are
properly installed and operated, that leaks are being detected and
repaired, and that the standard is being met.  The performance test may
also be observed.

	The periodic reports on waste management required for all sources and
the semiannual compliance certifications required for asbestos mills,
manufacturing and fabricating sources in the standard are used to
determine periods of excess emissions, identify problems at the
facility, verify operation and maintenance procedures and for compliance
determinations.

3.  Nonduplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR
part 61, subpart M.

	3(a)  Nonduplication

	If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

	3(b)  Public Notice Required Prior to ICR Submission to OMB

	An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (70 FR 24020) on May 6, 2005.  No
comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	The estimated number of sources for each category was based on a review
of the standard, information available in the active ICR, and on EPA
databases such as the National Asbestos Registry System (NARS) for
demolition/renovation contractors, consultation with Susan Fairchild,
the rule lead addressing this source category at the Office of Air
Quality Planning and Standards (OAQPS) and with Everett Bishop, the
sector lead in the Office of Compliance.  We also consulted James
Thompson, President of the Waste Business Journal, at (619) 793-5190),
to confirm the number of municipal landfills operating. 

Any pertinent comments received since the last ICR renewal, as well as
those submitted in response to the first Federal Register notice
announcing the renewal of this ICR, have been reviewed, and it has been
determined that no further consultations with industry are necessary to
calculate the burden for this renewal.  It should be noted that the
respondents, the industry trade associations including the Technical
Association of the Pulp and Paper Industry (TAPPI) and the Asphalt
Roofing Manufacturers Association (ARMA), and other interested parties
were provided an opportunity to comment on the burden associated with
the standard as it was being developed.

	3(d)  Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards. 
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and that emission limitations are met.  If the information
required by these standards was collected less frequently, the
likelihood of detecting poor operation and maintenance of control
equipment and noncompliance would decrease.

	3(e)  General Guidelines

	None of these reporting or recordkeeping requirements violate any of
the regulations established by OMB at 5 CFR part 1320, section 1320.5.

	These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
the part 70 permit program and the five-year statute of limitations on
which the permit program is based.  Also, the retention of records for
five years would allow EPA to establish the compliance history of a
source and any pattern of compliance for purposes of determining the
appropriate level of enforcement action.  Historically, EPA has found
that the most flagrant violators frequently have violations extending
beyond the five years.  EPA would be prevented from pursuing the worst
violators due to the destruction or nonexistence of records if records
were retained for less than five years.

	3(f)  Confidentiality

	Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, Part 2, Subpart B -
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).

	3(g)  Sensitive Questions

	None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents to the recordkeeping and reporting requirements are
owners or operators of demolition and renovation of facilities; the
disposal of asbestos waste; asbestos milling, manufacturing and
fabricating; the use of asbestos on roadways; asbestos waste conversion
facilities; and the use of asbestos insulation and sprayed-on materials.
 

Regulations	SIC Codes	NAICS Codes

40 CFR 260.142, 144 & 147 (Mills, Manufacture and Fabrication)	3292
(asbestos products)

2661 (building paper and board mills)

3996 (hard surface floor coverings)

2812 (alkalies and chlorine)	33634 (Motor Vehicle Brake System
Manufacturing)

327999 (All Other Miscellaneous Nonmetallic Mineral Product
Manufacturing) 

23311  Land Subdivision and Land Development

326192  Resilient Floor Covering Manufacturing

325181  Alkalies and Chlorine Manufacturing

40 CFR 260.145 (Renovation and Demolition)

	1795 (wrecking and demolition work)

15 (general building contractors) 16 (heavy construction contractors)

17 (special trade contractors) 6552 (subdividers and developers)	23594 
Wrecking and Demolition Contractors

23321  Single Family Housing Construction 

23332  Commercial and Institutional Building Construction

23322  Multifamily Housing Construction

23331  Manufacturing and Industrial Building Construction

23411  Highway and Street Construction

23412  Bridge and Tunnel Construction

23491  Water, Sewer, and Pipeline Construction 

56291  Remediation Services 

23594  Wrecking and Demolition Contractors

23571  Concrete Contractors 

23542  Drywall, Plastering, Acoustical, and Insulation Contractors

23561  Roofing, Siding, and Sheet Metal Contractors 

23552  Floor Laying and Other Floor Contractors 

23543  Tile, Marble, Terrazzo, and Mosaic Contractors 

23311  Land Subdivision and Land Development

40 CFR 260.150 & 151 (Waste Disposal Landfills)	4953 (refuse systems).
562212  Solid Waste Landfill 



 	4(b)  Information Requested

(i)  Data Items

	All data in this ICR that are recorded and/or reported are required by
NESHAP for Asbestos (40 CFR part 61, subpart M).

	A source must make the following reports:

Notification Reports	Standard Citation by Section

Notification and application of construction or modification	61.07

61.155(a)(1)

Notification of actual startup.	61.09

Notification of physical or operational change which may increase the
emission rate.	61.15

Notification of performance tests results.	61.13(f)

Notification of emissions testing.	61.13(c)

Application for waiver of testing.	61.13(i)(1), and 61.13(i)(2)

Notification requirements by demolition and renovation sources	61.145(b)

Notification of start up spraying operations	61.146(b)

	

Reports



Source initial status report, except for roadways, demolition and
renovation, spraying and insulating materials operations.	

61.153(a)

61.10(a)



Maintenance plan by asbestos mills, manufacturing and fabricating
sources	

61.142(b)(2) 61.144(b)(4) 61.147(b)(4)

Semiannual visible emissions report by asbestos mills and manufacturing
sources	

61.142(b)(6) 

61.144(b)(8)

Prior to excavating asbestos waste	61.151(d)

61.154 (j)

 



Visible emissions (semiannual)	

61.142(b)(6) 61.144(b)(8) 61.147(b)(8)



Waste shipment record not received	

61.149(e)(3) 61.150(d)(4)



Report of records upon landfill closure	

61.154(h)



Waste conversion operations: Report of analysis of samples during the
initial 90 days	

61.155(g)(1)



Waste conversion operations: Quarterly reports of operations and monthly
product composite samples	

61.155(g)(2)



A source must keep the following records:

Recordkeeping

Startup, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative.	61.14(f)



Visible emission monitoring and air cleaning device inspections	

61.13(g)

61.142(b)(3)

61.144(b)(5) 61.147(b)(5)



Record of operations including temperature when not wetting by
demolition and renovation sources	

61.145(c)(7) 61.149(c)(1)(iii)



Waste shipment records	

61.149(e)(1) 61.150(d)(1) 61.154(e)(1)



Records of monitoring and inspection records are required to be retained
for 2 years. 	

61.144(b)(7), 61.145(c)(7)(iii)

61.147(b)(7)

61.149(e)(4)

61.150(d)(5)

61.155(e)(4)



Startup and initial 90 days of operations by asbestos conversion
operations 	

61.155(f)



Training	

61.145(c)(8)



Waste management data of the asbestos-containing materials disposed at
landfills such as its location, volume, etc., on a map	

61.154(f)



Electronic Reporting

The primary reporting and recordkeeping burden under NESHAP subpart M is
for demolition and renovation activities.  A notice must be submitted
before each demolition or renovation.  Most of the information contained
in the notification is information required by the abatement contractor
to bid on and perform the demolition or renovation activity.  However, a
source could use available software to develop the required
notifications minimizing the amount of new information to enter each
time to the specifics of each demolition/renovation project. 

In addition, sources are using equipment with automated parameter data
reducing significantly the burden associated with monitoring and
recordkeeping.  Another contributing factor reducing such burden is that
regulatory agencies are relying more on the use of on automated
techniques such as electronic submissions of reports, and are improving
their tracking systems and database systems to enhance the use of these
techniques.  However, electronic reporting systems are still not widely
used.  At this time, it is estimated that approximately 10 percent of
the respondents use electronic reporting.

		(ii)  Respondent Activities	

Respondent Activities

Read instructions.

Perform initial performance test (Transmission Electron Microscopy)

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and
utilizing technology and systems for the purpose of collecting,
validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the
purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the
purpose of 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.

Transmit, or otherwise disclose the information.



5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

	5(a)  Agency Activities 

	EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

Review notifications and reports, including performance test reports,
and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).



	5(b)  Collection Methodology and Management

	Following notification of startup, the reviewing authority might
inspect the source to determine whether the pollution control devices
are properly installed and operated.  Data and records maintained by the
respondents are tabulated and published for use in compliance and
enforcement programs.  The report of annual compliance tests is used for
problem identification, as a check on source operation and maintenance,
and for compliance determinations.

	Information contained in the reports is entered into the AFS which is
operated and maintained by EPA's Office of Compliance.  AFS is EPA’s
database for the collection, maintenance, and retrieval of compliance
data for approximately 125,000 industrial and government-owned
facilities.  EPA uses the AFS for tracking air pollution compliance and
enforcement by local and state regulatory agencies, EPA headquarters and
EPA regional offices.  EPA and its delegated Authorities can edit,
store, retrieve and analyze the data.

	The records required by this regulation must be retained by the
owner/operator for two years.

	5(c)  Small Entity Flexibility

	The recordkeeping and reporting requirements were selected within the
context of this specific subpart and the specific process equipment and
pollutant(s).  The requirements reflect the burden on small businesses. 
To the extent that larger businesses can use economies of scale to
reduce their burden, the overall burden will be reduced.  Although the
recordkeeping and reporting requirements are the same for small and
larger businesses, the Agency considers these requirements the minimum
needed to ensure compliance and, therefore, cannot reduce them further
for small businesses.

We believe that the Agency has benefit demolition and renovation
operations by regulating how asbestos-containing material (material
containing greater than 1 percent asbestos) must be handled.  There are
no notification requirements for renovations that involve disturbing
less than 160 square feet or 260 linear feet of asbestos-containing
material.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Respondent Burden and Cost:
NESHAP for Asbestos (40 CFR Part 61, Subpart M).

6.  Estimating the Burden and Cost of the Collection

	Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Where it was appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

	The 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.

	6(a)  Estimating Respondent Burden

	The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be
229,381 hours.  These hours are based on Agency studies and background
documents from the development of the regulation, Agency knowledge and
experience with the NESHAP program, the previously approved ICR, and any
comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs 

	This ICR uses the following labor rates: 

		Managerial	$97.46   ($46.41 + 110%)

		Technical	$83.71   ($39.86 + 110%)

		Clerical	$42.55   ($20.26 + 110%)

	These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 19, 2005, “Table 2. Civilian Workers, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The only type of industry costs associated with the information
collection activity in the regulations are labor costs.  There are no
capital/startup or operation and maintenance costs.  The capital/startup
costs are one-time costs when a facility becomes subject to the
regulation.  The annual operation and maintenance costs are the ongoing
costs to maintain the continuous emission monitors and other costs such
as photocopying and postage.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

	There are no average annual costs to industry for capital/startup and
operation and maintenance associated with continuous monitoring
equipment over the next three years of the ICR, as discussed above. 
This is shown on the OMB 83-I form in section 14 as follows: block 4(a),
Total annualized capital/startup costs; block 14(b), Total annual costs
(O&M); block 14(c), Total annualized cost requested.  The numbers in
block 14 of the OMB 83-I form are rounded to show the cost in thousands
of dollars. 

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are labor costs associated with analysis
of the reported information.  EPA's overall compliance and enforcement
program includes activities such as the examination of records
maintained by the respondents, periodic inspection of sources of
emissions, and the publication and distribution of collected
information.

	The average annual Agency cost during the three years of the ICR is
estimated to be $2,088,035 (rounded).  This cost is based on the average
hourly labor rate as follows:

		Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

		Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

		Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005
General Schedule” which excludes locality rates of pay.  Details upon
which this estimate is based appear in Table 2: Annual Burden and Cost
to the Federal/State Government: NESHAP for Asbestos (40 CFR Part 61,
Subpart M).

	6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, we have determined that there are
approximately 9,432.33 respondents subject to the regulation.  We have
further assumed that there will be 38.33 new sources per year the next
three years period of this ICR.  This is based on 28 new
contractors/operators handling asbestos-related renovation/demolition
projects in the areas hit by the hurricane Katrina and 10 landfills
operators accepting asbestos-containing materials for the first time
each year.  In addition, we have assumed that there would be one source
over the three- year period (or 0.33 each year) submitting to the Agency
an application for approval of construction of an asbestos waste
conversion operation which is denied.  Since we have assumed that there
are no existing approved waste conversion operations nationwide over the
three-year period of this ICR, the burden for this category is limited
to the notification of construction.

	The number of respondents is calculated using the following table that
addresses the three years covered by this ICR.

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any
Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents 	(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	38.33	9,394	0	0	9,394 .33

2	38.33	9,432	0	0	9,432.33

3	38.33	9,470	0	0	9,470.33

Average	38.33	9,432	0	0	9,432.33

1 New respondents include sources with constructed, reconstructed and
modified affected facilities.  In this ICR, it also includes a source
that would be submitting an application for construction of asbestos
waste conversion operations that is denied by the Agency. 

	To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 9,432 (rounded).  This number appears on the OMB 83-I form
in block 13(a), Number of respondents.

	The number of Total Annual Responses is 121,968, as described below. 
This number is shown on the OMB 83-I form in block 13(b), Total annual
responses.

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

A.  Operations converting material into non-asbestos material





  i.  Application for construction	1	1	1	1

B.  Demolition and renovation





i.  Notification of intent to demolish or renovate	8,462	9	0	76,158

  ii.  Re-notification due to change   	8,462	2	0	16,924

  iii.  Excepted waste shipment report  	8,462	3	0	25,386

C.  Milling, manufacturing and fabricating  





  i.  Control device maintenance plan        	40	1	0	40

ii.  Semiannual visible emissions report	400	2	0	800

  iii.  Excepted waste shipment report	400	1	0	400

D.  Waste Disposal





  i.  Notification to construct  	10	1	0	10

  ii.  Notification of actual startup  	10	1	0	10

  iii.  Report to waste generator  	560	1	0	560

iv.  Waste disposal discrepancy report	560	1	0	560

  v.  Improperly contained waste report             	560	2	0	1,120

  vi.  Notification of excavation of asbestos materials at inactive
landfills 	0	1	0	0

Total

121,968



The Total Hours Requested is shown on the OMB 83-I form in block 13(c). 
The total annual labor costs are 229,381.  The annual labor costs are
not shown on the OMB 83-I form.  Details regarding these estimates may
be found in Table 1. Annual Respondent Burden and Cost: NESHAP for
Asbestos (40 CFR Part 61, Subpart M), attached.

	There are no annualized capital/startup and O&M costs to the regulated
entities subject to the regulation.  This number is shown on the OMB
83-I form in block 14(c), Total annualized cost requested.  The cost
calculations are detailed in Section 6(b)(iii), Capital/Startup vs.
Operation and Maintenance (O&M) Costs.

	The average annual Agency burden and cost over next three years is
estimated to be 45,394 labor hours at a cost of $1,840,126 (rounded). 
See Table 2. Annual Burden and Cost to the Federal/State Government:
NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	6(e)  Bottom Line Burden Hours and Cost Tables

	The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

		(i)  Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The total annual labor costs are $18,514,228 (rounded).  The annual
labor costs are not shown on the OMB 83-I form.  Details regarding these
estimates may be found in Table 1. Annual Respondent Burden and Cost:
NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	There are no annualized capital/startup and O&M costs to the regulated
entities.  This number is shown on the OMB 83-I form in block 14(c),
Total annualized cost requested.  The cost calculations are detailed in
Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M)
Costs.

		(ii)  The Agency Tally

	The average annual Agency burden and cost over the next three years is
estimated to be 45,394 labor hours at a cost of $1,840,126.  See Table
2. Annual Burden and Cost to the Federal/State Government: NESHAP for
Asbestos (40 CFR Part 61, Subpart M), attached.

	6(f)  Reasons for Change in Burden

	The 112,868 hour decrease in labor burden to industry from the most
recently approved ICR from 324,249 hours to 229,381 hours is due to
adjustments.  The decrease in burden from the most recently approved ICR
is due to a reduction on the total number of respondents subject to this
ICR from 9,848 to 9,394.  The decrease in the number of sources resulted
primarily from two of the source categories subject to this rule, as
follows: 1) a decrease from 984 to 560 in the number of existing waste
disposal sites accepting asbestos-materials based on more updated data
on the numbers of municipal waste disposal gathered by the Waste
Business Journal in Year 2005; and 2) a decrease from 430 to 400 in the
number of existing asbestos milling, manufacturing and fabricating
sources and the assumption that no new sources would become subject to
this regulation since less asbestos is finding its way into products. 
However, the increase from 8,434 to 8,462 in the number of contractors
handling asbestos demolition and renovation job sites and the inclusion
of a new source applying for construction of an asbestos waste
conversion operation did not offset the decrease in the total number of
respondents affected by this regulation.  We assumed an increase in the
number of existing contractors handling asbestos demolition and
renovation sites, an average of 28 new contractors per year based on
industry trends, and the need for these operations to address
reconstruction efforts in areas hit by recent hurricanes.  We also
included as a “new” source, a facility that will be submitting to
the Agency, a construction application/notification for an asbestos
waste conversion operation that will not be approved, however, it would
result in a reporting burden for this source category associated with
the rule.  Since we have assumed that there are no existing approved
waste conversion operations nationwide, the burden is limited to the
notification of construction for this category.  As in the active ICR,
we continue to assume that there are no spraying operations nationwide
because the Agency has banned spray application of asbestos insulation
to architectural applications over many years.  

	There are no total annualized capital/startup and operations and
maintenance costs for this ICR because the rule does not require the use
of continuous emission monitoring equipment, as stated in the active
ICR.

 

	The Federal government burden increase from 47,230 hours to 45,394
hours is due to a correction from 3 to 10 on the number of landfills
closing needing to notify and the inclusion of managerial and clerical
labor categories in the burden calculation.

In addition, the use of updated higher labor rates and the inclusion of
managerial and clerical labor categories in the burden calculation
increased both industry and the Federal costs for complying with the
recordkeeping and reporting requirements of the rule. 

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average two (rounded) 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; 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.

	An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Nmbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

	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 Number
EPA-HQ-OECA-2005-0019, which is available for public viewing at the
Enforcement and Compliance Docket and Information Center in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue,
NW, Washington, D.C.  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) 566-1744,
and the telephone number for the Enforcement and Compliance Docket and
Information Center Docket is (202) 566-1752.  An electronic version of
the public docket is available through www.regulations.gov.  Use
www.regulations.gov 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.  When
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, D.C. 20503, Attention: Desk Officer for
EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2005-0019 and
OMB Control Number 2060-0101 in any correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in
collecting this information.



Table 1.  Annual Respondent Burden and Cost:  NESHAP for Asbestos (40
CFR Part 61, Subpart M)

Burden item	

(A)

Person-

hours per

occurrence	

(B)

No.  of

occurrences

per respondent

per year	

(C)

Person-

hours per

respondent

per year

(C=AxB)	

(D)

Respondents

per year  a, b	

(E)

Technical

person-

hours per

year

(E=CxD)	

(F)

Management

person-hours

per year

(Ex0.05)	

(G)

Clerical

person-

hours per 	year

(Ex0.1)	

(H)

Cost, $  c



1.  Applications	

N/A







	

2.  Survey and Studies	

N/A







	

3.  Acquisition, Installation, and Utilization of  Technology and 
Systems	

N/A	

	

	

	

	

	

	





4.  Reporting Requirements











  A.  Read instructions  b	

1	

1	

1	

38	

38	

1.9	

3.8	

$3,537.82



  B.  Required activities including     monitoring of operations	

Included in 4E









  D.  Gather Existing Information	

Included in 4E and 5E









  E.  Write report   









  

  E.1 Operations converting               material into non-asbestos    
          material:  Application for                construction  a	

80	

1	

80	

0.33	

26.4	

1.32	

2.64	

$2,450.92

  

  E.2  Spraying operations  a	

Not applicable







  E.3 Demolition and renovationb(1)

	    i.  Notification of intent to               demolished or renovate 
	

1	

9	

9	

8462	

76,158	

3,807.9	

7,615.8	

  $7,070,356.40



    ii.  Re-notification due to change 	

0.25	

2	

0.5	

8,462	

4,217	

210.9	

421.7	

$391,502.72



    iii.  Excepted waste shipment          report  d  	

1	

3	

3	

8,462	

25,302	1,265.1	2,530.2	$2,348,987.08



  E.4  Milling, manufacturing and      fabricating  b(2)

	

    i.  Control device maintenance        plan   e 	

1	

1	

1	

40	

40	

2.0	

4.0	

$3,713.52



    ii.  Semiannual visible emissions 

    reports  f	

1	

2	

2	

400	

800	

40.0	

80.0	

$74,270.40

   

    iii. Excepted waste shipment 

    report  d	

0.1	

1	

0.1	

400	

40.0	

2.0	

4.0	

$3,713.52

 

  E.5  Waste Disposal   b(3)	





    i.  Notification to construct  	

0.67	

1	

0.67	

10	

6.7	

0.34	

0.67	

$622.50



    ii.  Notification of actual startup  	

0.67	

1	

0.67	

10	

6.7	

0.34	

0.67	

$622.50



    iii.  Report to waste generator  g 	

0.67	

1	

0.67	

560	

375.2	

18.76	

37.5	

$31,407.99

 

    iv.  Waste disposal discrepancy       report    h	

1.5	

1	

1.5	

560	

840.0	

42.0	

84.0	

$77,983.92

    v.  Improperly contained waste        report  i     	

1.17	

2	

2.34	

560	

1,310.4	

65.5	

131.0	

$121,651.26

  

    vi.  Notification of excavation  of     asbestos materials at
inactive           landfills   j	

2	

1	

2	

0	

0	

0	

0	

$0.00



5.  Recordkeeping Requirements











  A.  Read instructions	

Included in 4A









  B.  Plan activities	

Included in 4B









  C.  Implement activities	

Included in 4B









  D.  Develop record system	

Not applicable







 

  E.  Time to enter and transmit all    information required by the
rule:

	 

  E.1  Demolition and renovation  k

	 

    i.  Waste shipments records  l	

0.1	

24	

2.9	

8,462	

24,539.9	

1,2267.0	

2,454.0	

$2,278,227.78



    ii.  Temperature monitoring  m	

0.1	

15	

1.5	

8,462	

12,693.0	

634.7	

1,269.3	

$1,178,397.61

  

    iii.  Excepted waste shipments	

0.1	

3	

0.3	

8,462	

2,538.6	

126.9	

253.9	

$235,677..33

 

  E.2  Milling, manufacturing and      fabricating   n	

8	

2	

16	

0	

0	

0	

0	

0



    i.  Daily visible emissions    	

0.1	

638	

64	

400	

25,600.0	

1,280.0	

2,560.0	

$2,376,652.80



    ii.  Weekly inspection of air             cleaning devices	

0.25	

128	

32.0	

400	

12,800	

640.0	

1,280.0	

$1,188,326.40



    iii.  Waste shipments records	

0.1	

51	

5	

400	

2,000	

100.0	

200.0	$185,676.00



    iv.  Excepted waste shipment  o	

0.1	

1	

0.1	

400	

40	

2.0	

4.0	

$3,713.52



  E.3  Waste Disposal (Landfills)  p

	

    i.  Time to file and mail reports	

Included in 4E.5







 

    ii.  Records of waste shipments

    to generators	

1.5	

12	

18	

560	

10,080.0	

504.0	

1,008.0	

$935,807.04



    iii.  Copy and send site map upon     landfill closure  	

0.5	

1	

0.5	

10	

5.0	

0.25	

0.5	

$464.19



    iv.  Record of deed once inactive	

0.5	

1	

0.5	

10	

5.0	

0.25	

0.5	

$464.19



F.  Time to train personnel:



	

	

	

	





F.1  Demolition and renovation : refresher training  q	

8	

1	

8	

2,821







F.2 Milling, manufacturing and         fabricating   r	

N/A









F.3  Waste Disposal  s	

N/A







	

G. Time for audits	

N/A	

	

	











TOTAL LABOR  BURDEN AND COST  	

	

	

	

	

199,461.8	

 9,973.1	

19,946.2	

$18,514,227.60

TOTAL LABOR HOURS (Rounded)	

	

	

	

	

229,381	

$18,514,228



Assumptions:

a   This burden calculation addresses four of the five source categories
potentially subject to the asbestos NESHAP based on information
available on the active ICR, 2001 NARS data, and EPA data including
asbestos demolition/renovation sources, asbestos milling, manufacturing
and fabricating sources, municipal/Subtitle D landfills containing
asbestos waste, and asbestos waste conversion operations.  However, the
burden associated with waste conversion operations is limited to one
source over the three year period submitting to the Agency for approval
a construction application to operate an asbestos waste conversion
operation which we have  previously denied, resulting in no other
reporting for this source.  In addition, we have assumed that there are
no existing approved waste conversion operations nationwide over the
three year period of this ICR.  

b  We have determined that there are an estimated 9,394 existing sources
currently subject to this rule and that an estimated 38.33 new sources
each year will have to meet rule requirements over the next three years
of this ICR, including the one source seeking approval for an asbestos
waste conversion operation.  Follow is a discussion on the assumptions
for the three source categories listed above.  1) There are an estimated
8,462 operators of 92,790 existing demolition/renovation asbestos job
sites or an average of 11 notifications per operator per year, of which
85 percent or 9 are for initial notifications and the remaining 2 are
for re-notifications.  We have also assumed that there would be an
increase of about 1 percent on the number of operators or 85 new
operators over the next three years (i.e., an average of 28 new
operators per year) due to new demolition/renovation sites resulting
from reconstruction efforts in areas affected by recent  hurricanes. 
Therefore, assuming the same average of notifications per operator, we
expect an increase of 924 notifications over the next three year of this
ICR.  2) There is an estimated 400 existing asbestos milling,
manufacturing and fabricating sources and no new sources are expected to
become subject to this rule since less asbestos is finding its way into
products.  3) There is an estimated 1,119 municipal/Subtitle D landfills
nation-wide, of which 50 percent or 560 will be receiving
asbestos-containing wastes and becoming subject to this rule.  There
would be no net growth due to the assumption that there would be an
estimated 10 landfills closing each year and an estimated 10 landfills
commencing to accept asbestos-containing materials and becoming subject
to this rule.  

c  This ICR uses the following labor rates: $97.46 per hour for
Executive, Administrative, and Managerial labor; $83.71 per hour for
Technical labor, and $42.55 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, March 19, 2005, (Table 2. Civilian Workers, by occupational
and industry group.(  The rates are from column 1, (Total compensation.(
 The rates have been increased by 110% to account for the benefit
packages available to those employed by private industry.

d   Report to notify that the waste shipment record signed by the owner
or operator of the disposal site was not been received by the waste
generator within 45 of the date the waste was accepted by the initial
transporter.

e  We have assumed that it would take an average of three hours to
develop a maintenance plan or an average of hour per year over the three
year period.   We have assumed that 10 percent of the asbestos milling,
manufacturing and fabricating sources or 40 respondents would submit
maintenance plans.  

f   Sources are required to submit semiannual visible emissions reports.
 

g   Sources are required to submit a report if a discrepency between the
quantity of waste designated on the waste shipment records and the
quantity actually received is not resolved with the waste generator.

h  Active waste disposal sites are required to report the presence of
improperly enclosed or uncovered waste, or any asbestos-containing waste
material not sealed in leak-tight containers and submit the waste
shipment record

i   improperly contained report

j  No sources excavating asbestos-containing wastes at inactive disposal
sites.

k  Monitoring and recordkeeping by demolition/renovation sources
include:  waste shipment records, monitored temperature when
demolition/renovation work is conducted under freezing conditions and
source is claiming exception from the wetting provisions .  

l   We have assumed that there would be approximately 4(106) yd3 per
year waste shipments recorded for all 8,434 contractors and each load
would consist of 20 yd3.  Therefore, there would be approximately
200,000 loads per year or about 24 loads per contractor.

m  We have assumed that approximately 15 percent of the estimated 92,790
demolitions would be performed during cold weather requiring them to
take three temperature readings per day and it would take about 30 days
to complete it.  Therefore, the average number of temperature readings
per contractor would be 15 [92,790)(0.15)(3)(30)/8,462].

n  Monitoring and recordkeeping by milling, manufacturing and
fabrication sources include:  daily monitoring of potential sources of
asbestos emissions and visible emissions, weekly inspections of control
devices, signed copy of the waste shipment records by the disposal
facilities, and records of reports.  We have assumed that each source
would have about 2.5 control devices to be monitored and would operate
for 255 days or 51 weeks per year.  

o  We have assumed that sources would have one shipment of waste per
week.

p  Monitoring and recordkeeping by waste disposal sources include:
compare the amount of waste designated on the waste shipment records
with the amount actually received and  ujdetermined as well as instances
of improperly contained waste.  

q  For demolition and renovation, we have assumed that all existing
operators would have employees taking the refresher training during the
3 year period (or 2,811contractor per year).  In addition, we have
assumed that about 50 percent of the existing contractors conducting
demolitions and renovations involving asbestos (4,217 contractors) would
spent resources each year on the initial training due to employee
turnover, as well as the the new contractors entering the market for the
first time (about 28 per year) .

r  For milling, manufacturing and fabricating, we have assumed no direct
costs to respondents to train inspectors for Method 9 certification for
daily visible emissions monitoring.   

s  For waste disposal, we have assumed that there is no burden for
training.

Table 2.  Annual Burden and Cost to The Federal/State Government:
NESHAP for Asbestos 40 CFR Part 61, Subpart M)

	Activity	

(A)

EPA person-

hours per

occurrence	

(B)

Number

occurrences

per plant

per year

	

(C)

EPA person-

hours per

plant per

year

(C=AxB)	

(D)

Plants

per

year  a,b

	

(E)

Technical

person-hours

per year

(E=CxD)	

(F)

Management

person-hours

per year

(Ex0.05)

	

(G)

Clerical

person-

hours per

year

(Ex0.1)

	

(H)

Cost, $ c

  

A.  Operations converting               material into non-asbestos      
        material  a	

80	

1	

80	

0.33	

26.4	

1.3	

2.6	

$1,230.79

  

B.  Spraying operations   a	

N/A

	  

C.  Demolition and renovation  b(1), d

	

  i.  Notification of intent to                    demolished or
renovate  	

0.25	

9	

3	

8,462	

19,039.5	

 952.0	

1,904.0	

$887,643.06



  ii.  Re-notification due to change	

0.25	

2	

0.5	

8,462	

4,217.0	

210.9	

412.7	

$196,401.06



  iii.  Excepted waste shipment               report	

0.5	

3	

1.5	

8,462	

12,651.0	

632.6	

1,265.1	

$589,805.07



D.  Milling, manufacturing and            fabricating  b(2), d

	

  i.  Control device maintenance plan	

0.25	

1	

0.25	

40	

10	

0.5	

1.0	

$466.21



  ii.  Semiannual visible emissions          reports	

0.10	

2	

0.2	

400	

80.0	

4.0	

8.0	

$3,729.68

   

  iii. Excepted waste shipment  report	

0.5	

1	

0.5	

400	

200.0	

10.0	

20.0	

$9,324.20

  vii.  Asbestos waste conversion            processes	

80	

1	

80	

5	

400.0	

20.0	

40.0	

$18,648.40

 

C.  Asbestos-containing Waste Disposal (Landfills)  b(3), d

	

  i.  Notification to construct	

2	

1	

2	

10	

20.0	

1.0	

2.0	

$932.42



  ii.  Notification of actual startup	

2	

1	

2	

10	

20.0	

1.0	

2.0	

$932.42



  iii.  Source reports	

4	

1	

4	

560	

2,240.0	

112.0	

224.0	

$104,431.04

 

  iv.  Waste disposal discrepency            report 	

0.5	

1

	

0.5	

560	

280.0	

14.0	

28.0	

$13,053.88



  v.  Improperly contained waste             report  	

0.5	

1	

0.5	

560	

280.0	

14.0	

28.0	

$13,053.88



  vi.  Site map upon landfill closure  	

1	

1	

1	

10	

10	

0.5	

1.0	

$142.66

  

  vii.  Notification of excavation  of        asbestos materials at a
waste                 disposal site	

2	

1	

2	

0	

0.0	

0.	

0.	

$0.00



Subtotal Burden and Cost	

	

	

	

	

39,473.0	

1,973.7	

3,947.3	

$1,840,126.32



TOTAL ANNUAL BURDEN AND COST (rounded)	

	

	

	

	

45,394	

$1,840,126



Assumptions:

a   This burden calculation addresses four of the five source categories
potentially subject to the asbestos NESHAP based on information
available on the active ICR, 2001 NARS data, and EPA data including
asbestos demolition/renovation sources, asbestos milling, manufacturing
and fabricating sources, municipal/Subtitle D landfills containing
asbestos waste, and asbestos waste conversion operations.  However, the
burden associated with waste conversion operations is limited to one
source over the three year period submitting to the Agency for approval
a construction application to operate an asbestos waste conversion
operation which is denied, resulting in no other requirement for this
source.  In addition, we have assumed that there are no existing
approved waste conversion operations nationwide over the three year
period of this ICR.  This ICR does not address the burden associated
with spraying operations because the Agency has banned  spray
application of asbestos insulation to architectural applications over
many years.

b   We have determined that there are an estimated 9,394 existing
sources currently subject to this rule and that an estimated 38.33 new
sources each year will have to meet rule requirements over the next
three years of this ICR, including the one source seeking approval for
an asbestos waste conversion operation.  Follow is a discussion on the
assumptions for the three source categories listed above.  1) There are
an estimated 8,462 operators of 92,790 existing demolition/renovation
asbestos job sites or an average of 11 notifications per operator per
year, of which 85 percent or 9 are for initial notifications and the
remaining 2 are for re-notifications.  We have also assumed that there
would be an increase of about 1 percent on the number of operators or 85
new operators over the next three years (i.e., an average of 28 new
operators per year) due to new demolition/renovation sites resulting
from reconstruction efforts in areas affected by recent  hurricanes. 
Therefore, assuming the same average of notifications per operator, we
expect an increase of 924 notifications over the next three year of this
ICR.  2) There is an estimated 400 existing asbestos milling,
manufacturing and fabricating sources and no new sources are expected to
become subject to this rule since less asbestos is finding its way into
products.  3) There is an estimated 1,119 municipal/Subtitle D landfills
nation-wide, of which 50 percent or 560 will be receiving
asbestos-containing wastes and becoming subject to this rule.  There
would be no net growth due to the assumption that there would be an
estimated 10 landfills closing each year and an estimated 10 landfills
commencing to accept asbestos-containing materials and becoming subject
to this rule.    

c   This cost is based on the following labor rates which incorporates a
1.6 benefits multiplication factor to account for government overhead
expenses: managerial rate of $56.02 (GS-13, Step 5, $35.01 x 1.6),
technical rate of $41.57 (GS-12, Step 1, $25.98 x 1.6), and clerical
rate of $22.50 (GS-6, Step 3, $14.06 x 1.6).  These rates are from the
Office of Personnel Management (OPM) (2005 General Schedule( which
excludes locality rates of pay.  

d  The Agency will be reviewing initial notifications and periodic
reports including notification to construct or demolish/renovate,
re-notification due to a change, semiannual reports on visible
emissions, waste shipment records, waste disposal discrepency report,
report of not receiving signed copy of waste shipment records from
disposal sites, improperly contained wastes reports, and waste disposal
closure reports (i.e., waste map and deed), which is required by this ru
le.

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