October
25,
2000
­
1
­
INFORMATION
COLLECTION
REQUEST
(
ICR)
SUPPORTING
STATEMENT
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
ICR
Title:
Rule
Related
Replacement
ICR
to
the
Existing
ICR
entitled
"
Reporting
and
Recordkeeping
for
Asbestos
Abatement
Worker
Protection"

EPA
ICR
#:
1246.08
OMB
#:
2070­
0072
1(
b)
Short
Characterization
This
Information
Collection
Request
(
ICR)
is
a
replacement
ICR
for
the
currently
approved
ICR
covering
the
information
collection
requirements
contained
in
the
Asbestos
Worker
Protection
Rule
(
WPR),
40
CFR
Part
763,
Subpart
G.
This
replacement
is
related
to
an
amendment
to
the
WPR.
The
WPR
establishes
workplace
standards
for
protecting
State
and
local
government
employees
in
those
States
without
an
OSHA­
approved
Plan,
who
perform
asbestos
abatement
projects
from
the
risks
of
exposure
to
asbestos.

EPA's
1987
WPR
is
based
on
the
1986
OSHA
Construction
Standard
for
Asbestos.
The
1987
WPR
was
designed
to
provide
occupational
exposure
protection
to
State
and
local
government
employees
who
are
engaged
in
asbestos
abatement
activities
in
States
that
do
not
have
OSHA­
approved
State
plans.
State
and
local
government
employees
in
States
with
OSHA­
approved
plans
are
protected
by
requirements
that
are
as
effective
as
the
OSHA
Standards.
However,
the
27
States
without
OSHA­
approved
State
plans
must
comply
with
the
1987
WPR.

EPA
is
expanding
the
scope
of
the
1987
WPR
to
cover
all
asbestos
construction,
maintenance,
and
custodial
activities,
as
well
as
brake
and
clutch
repair
projects.
EPA
is
also
amending
the
WPR
to
make
it
consistent
with
the
current
OSHA
Construction
and
General
Industry
Standards
for
asbestos.
Under
the
amendment,
employers
are
no
longer
required
to
report
asbestos
abatement
projects
to
the
EPA
in
advance,
unless
the
employer
intends
to
use
an
alternative
control
method
for
certain
large
projects.
As
in
the
1987
WPR,
this
rule
requires
employers
to
provide
training
and
medical
surveillance
for
employees,
and
monitor
employee
exposures
to
asbestos.
EPA
did
not
change
the
length
of
time
that
records
related
to
these
activities
must
be
maintained.
As
in
the
1987
WPR,
employers
must
maintain
exposure
monitoring
records
for
30
years,
medical
surveillance
records
for
the
duration
of
employment
of
the
affected
employees
plus
30
years,
and
training
records
for
the
duration
of
employment
plus
1
year.
This
amendment
also
requires
employers
to
establish
written
respiratory
protection
programs
and
maintain
procedures
and
records
of
respirator
fit
tests
for
1
year.
EPA
will
use
these
records
to
monitor
compliance
with
the
Asbestos
WPR.
RECEIVED
OPPT
NCIC
2003
July
25
9:
56AM
OPPT­
2003­
0041­
0002
October
25,
2000
­
2
­
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
The
records
maintained
as
a
result
of
this
information
collection
will
provide
EPA
with
the
data
necessary
for
effective
enforcement
of
the
WPR,
as
authorized
under
Sections
6
and
8(
a)
of
the
Toxic
Substances
Control
Act
(
TSCA)
(
15
USC
2605,
2607).

2(
b)
Use/
Users
of
the
Data
The
purpose
of
the
WPR
amendment
is
to
provide
protection
from
adverse
health
effects
associated
with
occupational
exposure
to
asbestos
for
State
and
local
government
employees
who
are
engaged
in
asbestos­
related
construction,
custodial,
and
brake
and
clutch
repair
activities
in
states
that
do
not
have
OSHA­
approved
State
plans.
Like
the
OSHA
Standards,
the
rule
requires
employers
(
in
this
case,
State
and
local
governments)
to
monitor
employee
exposure
to
asbestos,
to
take
action
to
reduce
exposures
to
levels
below
the
permissible
exposure
limits
(
PELs),
to
provide
employees
with
personal
protective
equipment,
to
monitor
employee
health,
to
train
employees
about
the
hazards
of
asbestos
and
how
to
minimize
those
hazards,
and
to
provide
employees
with
information
about
exposures
to
asbestos
and
the
associated
health
effects.

The
recordkeeping
provisions
contained
in
the
rule
are
designed
to
ensure
that
employers
are
complying
with
applicable
standards
and
that
protection
of
employees
exposed
to
asbestos
is
provided
to
the
full
extent
required.
EPA's
compliance
officers
examine
the
records
for
this
purpose
when
conducting
inspections.
Additionally,
the
data
contained
in
exposure
measurements
records
are
useful
to
employers
in
pinpointing
areas
of
their
operations
that
may
require
additional
efforts
to
reduce
exposure.
If
these
data
were
not
collected
and
maintained,
compliance
monitoring
would
be
very
difficult
for
EPA,
and
failures
of
asbestos­
control
measures
could
easily
go
undetected
by
the
employer.

Records
of
medical
examinations
are
used
by
physicians
who
must
periodically
examine
employees
exposed
to
asbestos.
Without
records
of
previous
medical
examinations
the
physician
may
not
be
able
to
determine
whether
an
employee
has
suffered
an
adverse
health
effect
since
his
or
her
last
examination.
Furthermore,
when
symptoms
of
organic
damage
appear,
the
physician
often
needs
information
regarding
the
patient's
previous
medical
condition
in
order
to
make
an
accurate
diagnosis
of
the
new
problem,
its
apparent
cause,
and
the
course
of
treatment
required.

In
addition,
the
data
and
information
contained
in
the
records
required
to
be
kept
and
maintained
by
the
Worker
Protection
Rule
may
be
used
by
EPA
for
the
development
of
asbestos
exposure
assessments.
Exposure
data
and
medical
surveillance
information
may
be
used
for
epidemiological
and
diagnostic
investigations
to
determine,
for
example,
dose­
response
relationships
in
diseases
caused
by
asbestos
exposure.
October
25,
2000
­
3
­
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
duplication
EPA
is
not
aware
of
any
other
laws
or
regulations
that
require
the
general
compilation,
maintenance,
or
provision
of
access
to
occupational
exposure
and
medical
records
for
State
and
local
government
workers
in
the
27
States
without
an
OSHAapproved
State
plan.
Currently,
all
private
sector
workers,
as
well
as
State
and
local
government
employees
in
the
23
States
that
have
OSHA­
approved
State
plans,
are
protected
by
the
OSHA
regulations.

The
amendment
uses
the
Office
of
Federal
Register's
incorporation­
by­
reference
(
IBR)
approach
to
cross­
reference
the
OSHA
regulations
in
the
EPA
WPR.
In
addition
to
ensuring
that
all
State
and
local
government
employees
and
private
sector
employees
receive
identical
protection
from
occupational
asbestos
exposures
under
federal
law,
the
use
of
IBR
will
also
ensure
that
this
identical
protection
is
maintained
in
the
future.

This
approach
eliminates
potential
confusion
by
ensuring
that
the
regulated
community
only
has
to
learn
and
comply
with
the
OSHA
standards,
and
ensures
that
the
same
level
of
protection
for
all
persons
who
work
with
asbestos­
containing
material
(
ACM),
whether
those
persons
are
employed
by
the
private
sector
or
by
a
State
or
local
government.

Finally,
EPA
has
deleted
the
advance
notification
requirements
for
most
asbestos
abatement
projects.
EPA
eliminated
this
requirement
from
the
WPR
because
OSHA
has
no
comparable
requirement
and,
in
many
cases,
inspection
targeting
information
is
available
from
other
sources.

3(
b)
Consultations
The
data
collection
contemplated
by
this
request
was
part
of
a
proposed
rule
subject
to
notice
and
comment
procedures.
One
of
the
eleven
comments
EPA
received
on
the
proposal
suggested
that
the
annual
training
requirement
for
custodians,
and
the
associated
recordkeeping,
was
too
burdensome.
However,
the
commenter
did
not
dispute
EPA's
estimate
of
the
costs
associated
with
this
requirement.

The
identical
recordkeeping
and
reporting
requirements
as
applied
to
the
private
sector
and
to
States
with
OSHA­
approved
State
plans
have
been
subject
to
notice
and
comment
as
part
of
OSHA
rulemaking
efforts.
In
addition,
EPA
has
discussed
the
rule
amendment
with
State
officials
at
the
several
National
Asbestos
Meetings,
including
the
one
held
in
April,
2000.

3(
c)
Effects
of
Less
Frequent
Collection
October
25,
2000
­
4
­
The
information
collection
frequencies
specified
by
this
rule
are
the
minimum
EPA
considers
necessary
to
ensure
that
the
health
of
public
employees
engaged
in
asbestos
abatement
activities
is
adequately
monitored.
Initial
exposure
monitoring
must
be
performed
for
most
projects
covered
by
this
rule,
but
the
employer
will
be
able
to
rely
on
those
results
for
approximately
three
years
when
performing
similar
projects.
All
employees
covered
by
this
rule
must
receive
training
on
an
annual
basis.
Most
of
these
employees
must
also
receive
annual
medical
exams.
These
requirements
are
necessary
to
ensure
that
the
employees
are
being
adequately
protected
from
asbestos
hazards.

3(
d)
General
Guidelines
Information
collected
as
a
result
of
this
request
does
not
violate
any
of
the
guidelines
imposed
by
5
CFR
1320.6.
The
requirement
that
records
for
medical
surveillance
and
exposure
monitoring
be
retained
for
more
than
3
years
is
permissible
under
a
provision
contained
in
5
CFR
1320.6
that
expressly
exempts
the
retention
of
health
and
medical
records
from
limitations
otherwise
imposed
by
the
regulation.

3(
e)
Confidentiality
and
Sensitive
Questions
(
i)
Confidentiality
The
Agency
has
instituted
procedures
to
avoid
the
inappropriate
release
of
confidential
information
as
specified
by
5
C.
F.
R.
1320.8(
b)(
3)(
v).
The
confidentiality
of
collected
information
will
be
maintained
pursuant
to
the
provisions
of
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2613,
the
Privacy
Act
of
1974
and
OMB
Circular
A­
108.

(
ii)
Sensitive
Questions
The
rule
requires
employers
to
allow
EPA
access
to
medical
records
upon
request.
EPA
primarily
intends
to
use
this
information
to
determine
whether
the
employer
has
complied
with
the
medical
surveillance
requirements
of
the
rule,
although
EPA
may
also
use
this
information
in
epidemiological
and
diagnostic
investigations.
EPA
will
treat
this
information
as
confidential
and
exempt
from
disclosure
under
the
Freedom
of
Information
Act
pursuant
to
40
CFR
2.119(
b).

4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
4(
a)
Respondent
Universe
Respondents
for
this
information
collection
include
States
and
local
government
employers
in
the
27
States
without
OSHA­
approved
State
plans
that
have
employees
engaged
in
asbestos­
related
construction,
custodial,
and
brake
and
clutch
repair
activities.
The
following
table
is
intended
to
help
identify
potentially
affected
categories
and
entities.
October
25,
2000
­
5
­
This
listing
is
not,
however,
intended
to
be
exhaustive.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
or
not
the
WPR
applies
to
certain
entities.
To
determine
whether
a
State
or
local
government
employer
is
subject
to
the
WPR,
carefully
examine
the
applicability
provisions
in
the
regulation
at
40
CFR
763.121.

Categories
NAICS
codes
Examples
of
potentially
affected
entities
Public
Administration
92
State
or
local
government
employers
not
subject
to
an
OSHAapproved
State
Asbestos
Plan
or
a
State
Asbestos
Worker
Protection
Plan
that
EPA
has
determined
is
exempt
from
the
requirements
of
the
EPA
WPR,
AND
whose
employees
work
with
or
near
asbestos­
containing
material.

Educational
Services
61
School
Districts
(
subset
of
local
government
employers
identified
above)
whose
employees
work
with
or
near
asbestos­
containing
material.

4(
b)
Respondent
Activities
and
Information
Requested
The
WPR
contains
several
paperwork
related
requirements
for
State
and
local
government
employers
in
the
27
States
covered
by
the
WPR.
The
overall
estimated
potential
economic
impact
of
this
amendment
is
presented
in
the
a
document
entitled
"
Final
Asbestos
Worker
Protection
Rule
Economic
Analysis,"
which
is
available
as
a
part
of
the
public
version
of
the
official
record
for
the
amendment.
This
ICR
describes
the
information
collection
activities
contained
in
the
amendment,
along
with
the
estimated
burden
and
costs
related
to
those
information
collection
requirements.

This
amendment
requires
employers
to
collect,
disseminate,
and
maintain
information
relating
to
employee
asbestos
exposures,
respiratory
protection,
medical
surveillance,
and
training.
The
records
maintained
as
a
result
of
this
information
collection
will
provide
EPA
with
the
data
necessary
for
effective
enforcement
of
the
WPR,
as
authorized
under
TSCA
sections
6
and
8.
These
activities
are
described
in
more
detail
in
this
section.

(
i)
Data
Items
This
amendment
requires
State
and
local
government
employers
to
develop
and
maintain
a
written
respiratory
protection
program
if
their
employees
use
respirators.
Employers
must
provide
information
and
guidance
on
the
selection,
use,
and
care
of
respirators,
give
annual
fit
tests,
and
maintain
records
of
fit
tests
for
one
year.
Fit­
testing
record
summaries
must
include
the
following
information:

!
Name
or
identification
of
the
employee
tested;
!
Type
of
fit
test
performed;
October
25,
2000
­
6
­
!
Specific
make,
model,
style,
and
size
of
respirator
tested;

!
Date
of
test;
and
!
The
test
results.

This
amendment
requires
an
exposure
assessment
to
determine
accurately
the
airborne
concentrations
of
asbestos
to
which
employees
are
exposed.
Employers
can
meet
this
requirement
through
objective
data
which
demonstrates
that
the
product
or
material
containing
the
asbestos
cannot
release
airborne
fibers
in
concentrations
exceeding
the
permissible
exposure
limits
(
PELs),
historical
monitoring
data
from
similar
projects
that
indicates
that
the
PELs
will
not
be
exceeded,
or
initial
monitoring
results
which
demonstrate
that
employee
exposures
are
below
the
PELs.
However,
employers
must
continue
periodic
exposure
monitoring
for
employees
who
work
in
areas
where
exposures
exceed
or
can
reasonably
be
expected
to
exceed
the
PELs.
Employers
may
forego
periodic
monitoring
if
affected
employees
are
equipped
with
supplied­
air
respirators,
and
EPA
assumes
that
employers
will
choose
to
provide
supplied­
air
respirators
in
these
instances.

Employers
who
use
objective
data
to
demonstrate
that
the
PELs
will
not
be
exceeded
are
required
to
maintain
records
for
the
duration
of
the
employer's
reliance
upon
such
data.
The
records
must
include
the
following
information:

!
The
product
qualifying
for
exemption;

!
The
source
of
the
objective
data;
!
The
testing
protocol,
results
of
testing,
and/
or
analysis
of
the
material
for
asbestos
release;
!
A
description
of
the
operation
exempted
and
how
the
data
support
the
exemption;
and
!
Other
data
relevant
to
the
operations,
materials,
processing,
or
employee
exposures
covered
by
the
exemption.

Employers
must
notify
all
affected
employees
of
the
monitoring
results,
and
they
must
notify
individual
employees
of
monitoring
results
representing
their
personal
exposures.
For
all
measurements
taken
to
monitor
employee
exposure
to
asbestos,
the
employer
must
maintain
records
of
each
measurement
for
a
period
of
30
years.
Exposure
monitoring
records
must
be
made
available,
upon
request,
to
the
affected
employees.
The
records
must
include
the
following
information
for
each
exposure
measurement:

!
The
date
of
measurement;

!
The
operation
involving
exposure
to
asbestos
that
is
being
monitored;
!
Sampling
and
analytical
methods
used
and
evidence
of
their
accuracy;

!
Number,
duration,
and
results
of
samples
taken;
!
Type
of
protective
devices
worn,
if
any;
and
October
25,
2000
­
7
­
!
Name,
social
security
number,
and
exposure
of
the
employees
whose
exposures
are
represented.

This
amendment
requires
employers
to
institute
a
medical
surveillance
program
for
all
employees
who
engage
in
asbestos
removal,
renovation,
and
maintenance
projects,
or
who
are
exposed
at
or
above
a
PEL
for
30
or
more
days
each
year.
For
each
employee
subject
to
medical
surveillance,
the
employer
is
required
to
maintain
for
the
duration
of
employment
plus
30
years
records
that
contain
the
following
information:

!
The
name
and
social
security
number
of
the
employee;
!
A
copy
of
the
employee's
medical
examination
results,
including
the
medical
history,
questionnaire
responses,
results
of
any
tests,
and
physician's
recommendations;
!
Physician's
written
opinions;
!
Any
employee
medical
complaints
related
to
exposure
to
asbestos;
and
!
A
copy
of
the
information
provided
to
the
physician.

The
employer
must
provide
a
copy
of
the
physician's
written
opinion
to
the
employee
within
30
days
of
his/
her
receipt
of
the
opinion.
In
addition,
medical
surveillance
records
must
be
made
available
to
the
affected
employee
upon
request.

This
amendment
requires
that
a
training
program
be
instituted
for
all
employees
who
are
likely
to
be
exposed
above
the
PELs
and
for
those
employees
who
perform
asbestos
removal,
renovation,
maintenance
or
construction­
related
custodial
tasks.
Employees
must
be
provided
access
to
the
training
materials,
including
self­
help
smoking
cessation
information.
In
addition,
each
construction
project
must
be
supervised
by
a
competent
person,
who
must
have,
in
most
cases,
additional
training.
Employers
are
required
to
maintain
records
of
training
for
1
year
beyond
the
last
date
of
the
worker's
employment.

Under
this
amendment,
employers
must
presume
that
asbestos
is
present
in
thermal
system
insulation
(
TSI)
and
surfacing
material
installed
in
buildings
built
prior
to
1981.
Employers
may
rebut
this
presumption
in
two
ways,
through
the
results
of
a
building
inspection
that
meets
the
requirements
of
the
Asbestos
Hazard
Emergency
Response
Act
(
AHERA)
regulations
at
40
CFR
763.85,
or
by
testing
the
material.
Such
records
must
be
maintained
for
as
long
as
they
are
relied
upon
to
rebut
the
presumption.

Finally,
this
amendment
requires
specific
engineering
control
and
work
practice
methods
for
each
type
of
project.
Employers
are
permitted
to
use
alternative
control
methods
if
it
is
determined,
in
advance,
that
the
alternative
control
method
is
adequate
to
reduce
employee
exposures
below
the
PELs.
For
Class
I
projects,
those
which
involve
TSI
or
surfacing
material,
an
appropriately­
qualified
person
must
certify
that
the
alternative
control
method
will
reduce
employee
exposures
below
the
PELs
and
that
the
method
will
also
prevent
asbestos
contamination
beyond
the
regulated
area
where
the
project
will
be
performed.
For
larger
Class
I
projects,
the
employer
who
wishes
to
use
alternative
control
October
25,
2000
­
8
­
methods
must
provide
EPA
with
a
copy
of
the
evaluation
and
certification
before
the
alternative
control
methods
are
used.
EPA
assumes
that
employers
will
choose
to
use
listed
control
methods
rather
than
alternatives
in
these
instances.

(
ii)
Respondent
Activities
This
section
lists
the
major
activities
required
of
respondents,
with
specific
steps
necessary
to
fulfill
all
the
conditions
of
the
major
activity.
Respondents
must:

A.
Read
and
interpret
regulations.

B.
Develop
a
respirator
program.

!
Provide
guidance
on
selection,
use,
and
care
of
respirators.
!
Provide
periodic
fit
tests
and
maintain
records
of
fit
tests
for
one
year.

C.
Establish
a
monitoring
program.

!
Provide
objective
data
showing
that
the
PELs
will
not
be
exceeded,
or
­­
Initially
monitor
employee
exposures
if
objective
data
is
not
provided;

­­
Periodically
monitor
employees
whose
exposures
are
expected
to
exceed
a
PEL,
unless
such
employees
are
provided
with
supplied­
air
respirators;

­­
Notify
workers
of
the
results
of
employee
exposure
monitoring;
and
­­
Maintain
records
of
all
exposure
measurements
for
30
years.

D.
Communicate
hazards
to
employees.

!
Have
competent
person
evaluate
risk
associated
with
Class
I
and
II
work;
!
Notify
employees
engaged
in
asbestos­
related
work
about
the
nature
of
the
work
prior
to
beginning
the
project;
and
!
Notify
other
employees
and
building
occupants
about
the
occurrence
of
the
asbestos­
related
work
.
October
25,
2000
­
9
­
E.
Institute
training
programs.

!
Provide
training
for
all
employees
engaged
in
asbestos
removal,
renovation,
maintenance
and
construction­
related
custodial
activities,
as
well
as
for
all
other
employees
exposed
above
the
PELs;
!
Provide
employees
with
access
to
information
and
training
materials;
!
Maintain
training
records
for
one
year.

F.
Institute
a
medical
surveillance
program.

!
Provide
medical
examinations
for
all
employees
who
engage
in
asbestos
removal,
renovation,
and
maintenance
projects,
or
who
are
exposed
at
or
above
a
PEL
for
30
or
more
days
each
year;
!
Provide
information
to
the
examining
physician;

!
Obtain
a
completed
medical
questionnaire
from
the
affected
employee;
!
Obtain
a
written
opinion
from
the
examining
physician;
and
!
Maintain
records
of
medical
examinations
for
the
duration
of
employment
plus
30
years.

G.
Provide
access
to
records
at
employee
and/
or
EPA
request.

H.
Institute
training
for
competent
persons.

!
Provide
training
for
competent
persons
who
will
supervise
construction
projects.

5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
In
connection
with
this
information
request,
the
Agency
may:

(
1)
Perform
inspections
and
respond
to
inquiries;

(
2)
Investigate
complaints
and
handle
legal
matters;
and
October
25,
2000
­
10
­
(
3)
Develop
asbestos
exposure
assessments
and
epidemiological/
diagnostic
studies.

5(
b)
Collection
Methodology
and
Management
Nothing
in
this
information
collection
is
derived
from
a
survey
or
is
form­
related.
EPA
does
not
receive
the
data;
therefore,
EPA
does
not
have
any
special
data
collection
methodology
and
management.
All
information
subject
to
this
collection
request
is
to
be
gathered
and
retained
by
the
employer.
The
regulations
specify
the
methods
to
be
used
for
employee
exposure
monitoring
and
medical
surveillance,
as
well
as
the
subjects
to
be
covered
in
training.
In
general,
the
rule
identifies
what
data
must
be
collected
and
maintained
without
specifying
a
particular
collection
method.
Therefore,
industry
has
the
option
of
utilizing
improved
data
collection
and
maintenance
technology.

5(
c)
Small
Entity
Flexibility
The
only
small
entities
potentially
impacted
by
this
amendment
are
small
government
entities
consisting
of
local
governments
(
e.
g.,
county,
municipal,
or
towns)
and
school
districts.
The
primary
function
of
the
statutory
requirements
of
TSCA
Section
6
is
the
protection
of
human
health
and
the
environment.
Consequently,
no
specific
provisions
exist
for
easing
the
burden
on
small
local
government
entities.
The
records
required
are
as
necessary
for
the
protection
of
employees
of
small
local
governments
as
for
other
affected
employees.
However,
State
and
local
governments
may
use
private
contractors
for
the
activities
covered
by
the
Asbestos
Worker
Protection
Standard
and,
thus,
avoid
the
recordkeeping
burden
themselves.

5(
d)
Collection
Schedule
Employers
who
use
their
own
employees
to
conduct
asbestos
construction,
custodial,
or
brake
and
clutch
repair
activities
after
the
effective
date
of
this
amendment
will
be
subject
to
the
information
collection
and
recordkeeping
requirements
described
above.
Depending
upon
the
type
of
project,
some
or
all
of
the
information
collection
and
recordkeeping
requirements
must
be
complied
with
before
the
project
commences.
For
example,
in
most
instances,
employers
must
provide
and
document
training
for
their
employees
before
they
may
participate
in
the
asbestos­
related
activities
covered
by
this
rule.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
Section
6(
a)
discusses
respondent
burden,
and
Section
6(
b)
addresses
respondent
costs.
Section
6(
c)
reports
EPA
burdens
and
costs,
and
Sections
6(
d),
6(
e),
and
6(
f)
summarize
respondent
burdens,
discuss
changes
in
burden
estimates,
and
provide
the
Federal
Register
burden
statement,
respectively.
October
25,
2000
­
11
­
6
(
a)
Estimating
Respondent
Burden
The
respondents
for
this
rule
are
State
and
local
governments
in
the
27
States
that
do
not
have
OSHA­
approved
State
plans.
Tables
1
through
3
document
EPA's
calculations
of
the
respondent
burden.
Table
1
provides
EPA's
estimate
of
the
burden
per
response
for
each
paperwork
requirement.
Table
2
provides
EPA's
estimate
of
the
total
number
of
responses
for
each
requirement.
Finally,
Table
3
provides
EPA's
estimate
of
total
respondent
burden
by
multiplying
the
burden
per
response
(
Table
1)
and
the
total
number
of
responses
(
Table
2)
for
each
requirement.

Typically,
respondents
will
need
three
categories
of
labor
to
comply
with
the
ICR
requirements:
supervisory,
employee
(
e.
g.,
asbestos
abatement
worker
or
custodial
workers),
and
clerical.
In
addition,
exposure
monitoring
and
developing
a
respiratory
protection
plan
will
require
an
industrial
hygienist's
time.

The
estimated
burden
hours
and
cost
estimates
for
this
ICR
are
based
on
data
and
methods
discussed
in
the
Economic
Analysis
for
this
rule
and
on
OSHA
ICRs
for
its
Construction
and
General
Industry
Standards
for
Asbestos
(
U.
S.
EPA,
2000;
OSHA,
2000a,
b).

Table
1.
Burden
Per
Response
COLLECTION
ACTIVITY
BURDEN
PER
RESPONSE
Clerical
Employees
Supervisory
Industrial
Hygienist
READ
AND
INTERPRET
REGULATION
­
­
3
hours
[
a]
­

RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
Govts
4
hours
[
b]

­
FIT
TESTING
­
Full­
Face
Respirators
­
15
minutes
15
minutes
­

­
Half­
Mask­
Face
Respirators
­
10
minutes
10
minutes
­

­
MAINTAIN
RECORDS
FOR
FIT
TESTS
5
minutes
­
­
­

EXPOSURE
MONITORING
­
INITIAL
EXPOSURE
ASSESSMENT
­
Construction
­
­
­
2
hours
­
Brake
and
Clutch
Repair
­
­
­
2
hours
­
MAINTAIN
RECORDS
5
minutes
­
­
­

­
POST
MONITORING
RESULTS,
BRAKE/
CLUTCH
5
minutes
­
­
­

HAZARD
COMMUNICATION
­
EVALUATE
RISKINESS
­
­
45
minutes
­
October
25,
2000
COLLECTION
ACTIVITY
BURDEN
PER
RESPONSE
Clerical
Employees
Supervisory
Industrial
Hygienist
­
12
­
­
NOTIFY
EMPLOYEES
­
Construction
­
­
5
minutes
­

­
Brake
and
Clutch
Repair
­
­
5
minutes
­

­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
­
­
5
minutes
­
October
25,
2000
COLLECTION
ACTIVITY
BURDEN
PER
RESPONSE
Clerical
Employees
Supervisory
Industrial
Hygienist
­
13
­
TRAINING
­
PROVIDE
TRAINING
­
Class
II
­
32
hours
­
­

­
Class
III
­
16
hours
­
­

­
Class
IV
­
2
hours
­
­

­
MAINTAIN
RECORDS
5
minutes
­
­
­

MEDICAL
SURVEILLANCE
­
MEDICAL
EXAMS
­
45
minutes
45
minutes
­

­
INITIAL
QUESTIONNAIRE
­
30
minutes
30
minutes
­

­
PERIODIC
QUESTIONNAIRE
­
10
minutes
10
minutes
­

­
INFORMATION
TO
PHYSICIANS
5
minutes
­
­
­

­
PHYSICIAN'S
WRITTEN
OPINION
5
minutes
­
­
­

­
MAINTAIN
RECORDS
5
minutes
­
­
­

ACCESS
TO
RECORDS
­
EMPLOYEE
ACCESS
5
minutes
­
­
­

­
EPA
ACCESS
­
Construction
5
minutes
­
5
minutes
­

­
Brake
and
Clutch
Repair
5
minutes
­
5
minutes
­

COMPETENT
PERSON
­
TRAINING
­
Class
I
and
II
­
­
18.67
hours
[
c]
­

­
Class
III
and
IV
­
­
3.2
hours
[
c]
­

­
MAINTAIN
RECORDS
5
minutes
­
­
­

Note:
Except
where
noted,
these
estimates
reflect
annual
burden
estimate
for
each
response.
[
a]
This
burden
is
only
incurred
in
the
first
year
of
the
rule.
EPA
adjusted
the
number
of
responses
in
Table
2
to
annualize
total
burden
estimates
in
Table
3.
[
b]
This
burden
is
only
incurred
once
every
five
years.
EPA
adjusted
the
number
of
responses
in
Table
2
to
annualize
total
burden
estimates
in
Table
3.
[
c]
This
is
the
annualized
number
of
hours
for
this
requirement.
In
reality,
these
burdens
are
not
incurred
annually.
October
25,
2000
­
14
­
Table
2.
Total
Annual
Responses
COLLECTION
ACTIVITY
TOTAL
ANNUALIZED
RESPONSES
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
READ
AND
INTERPRET
REGULATION
0
0
8,437
[
a]
0
8,437
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
163
[
b]
163
­
FIT
TESTING
­
Full­
Face
Respirators
0
40
40
0
80
­
Half­
Mask­
Face
Respirators
0
2,651
2,651
0
5,302
­
MAINTAIN
RECORDS
FOR
FIT
TESTS
2,691
0
0
0
2,691
EXPOSURE
MONITORING
­
INITIAL
EXPOSURE
ASSESSMENT
­
Construction
0
0
0
4,240
4,240
­
Brake
and
Clutch
Repair
0
0
0
1,268
1,268
­
MAINTAIN
RECORDS
13,012
0
0
0
13,012
­
POST
MONITORING
RESULTS,
BRAKE/
CLUTCH
2,996
0
0
0
2,996
HAZARD
COMMUNICATION
­
EVALUATE
RISKINESS
0
0
4,507
0
4,507
­
NOTIFY
EMPLOYEES
­
Construction
0
0
507,508
0
507,508
­
Brake
and
Clutch
Repair
0
0
11,984
0
11,984
­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
0
0
507,508
0
507,508
TRAINING
­
PROVIDE
TRAINING
­
Class
II
0
2,140
0
0
2,140
­
Class
III
0
1,000
0
0
1,000
­
Class
IV
0
51,905
0
0
51,905
­
MAINTAIN
RECORDS
55,045
0
0
0
55,045
MEDICAL
SURVEILLANCE
­
MEDICAL
EXAMS
0
1,917
1,266
0
3,183
­
INITIAL
QUESTIONNAIRE
0
700
462
0
1,162
­
PERIODIC
QUESTIONNAIRE
0
1,217
804
0
2,021
­
INFORMATION
TO
PHYSICIANS
3,183
0
0
0
3,183
­
PHYSICIAN'S
WRITTEN
OPINION
3,183
0
0
0
3,183
­
MAINTAIN
RECORDS
3,183
0
0
0
3,183
October
25,
2000
COLLECTION
ACTIVITY
TOTAL
ANNUALIZED
RESPONSES
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
­
15
­
ACCESS
TO
RECORDS
­
EMPLOYEE
ACCESS
6,089
0
0
0
6,089
­
EPA
ACCESS
­
Construction
5,097
0
5,097
0
10,194
­
Brake
and
Clutch
Repair
30
0
30
0
60
COMPETENT
PERSON
­
TRAINING
­
Class
I
and
II
0
0
704
0
704
­
Class
III
and
IV
0
0
29,343
0
29,343
­
MAINTAIN
RECORDS
30,047
0
0
0
30,047
TOTALS
124,556
61,570
1,080,341
5,671
1,272,138
[
a]
This
is
calculated
as
the
annualized
number
of
responses
by
dividing
the
total
number
of
respondents
(
25,312)
by
the
number
of
years
in
the
ICR
approval
period
(
3).
[
b]
This
is
the
annualized
number
of
responses.
EPA
assumes
that
respirator
programs
will
require
updating
once
every
five
years.
Thus,
this
is
calculated
by
dividing
the
total
number
of
affected
respondents
(
817
large
governments
with
industrial
hygienists
on
staff)
by
five.
October
25,
2000
­
16
­
Table
3.
Total
Annual
Burden
Estimates
COLLECTION
ACTIVITY
TOTAL
ANNUAL
BURDEN
HOURS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
READ
AND
INTERPRET
REGULATION
0
0
25,312
0
25,312
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
652
652
­
FIT
TESTING
­
Full­
Face
Respirators
0
10
10
0
20
­
Half­
Mask­
Face
Respirators
0
442
442
0
884
­
MAINTAIN
RECORDS
FOR
FIT
TESTS
224
0
0
0
224
EXPOSURE
MONITORING
­
INITIAL
EXPOSURE
ASSESSMENT
­
Construction
0
0
0
8,480
8,480
­
Brake
and
Clutch
Repair
0
0
0
2,536
2,536
­
MAINTAIN
RECORDS
1,084
0
0
0
1,084
­
POST
MONITORING
RESULTS,
BRAKE/
CLUTCH
250
0
0
0
250
HAZARD
COMMUNICATION
­
EVALUATE
RISKINESS
0
0
3,380
0
3,380
­
NOTIFY
EMPLOYEES
­
Construction
0
0
42,292
0
42,292
­
Brake
and
Clutch
Repair
0
0
999
0
999
­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
0
0
42,292
0
42,292
TRAINING
­
PROVIDE
TRAINING
­
Class
II
0
68,480
0
0
68,480
­
Class
III
0
16,000
0
0
16,000
­
Class
IV
0
103,810
0
0
103,810
­
MAINTAIN
RECORDS
4,587
0
0
0
4,587
MEDICAL
SURVEILLANCE
­
MEDICAL
EXAMS
0
1,438
950
0
2,388
­
INITIAL
QUESTIONNAIRE
0
350
231
0
581
­
PERIODIC
QUESTIONNAIRE
0
203
134
0
337
­
INFORMATION
TO
PHYSICIANS
265
0
0
0
265
­
PHYSICIAN'S
WRITTEN
OPINION
265
0
0
0
265
­
MAINTAIN
RECORDS
265
0
0
0
265
October
25,
2000
COLLECTION
ACTIVITY
TOTAL
ANNUAL
BURDEN
HOURS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
1
Except
for
brake
and
clutch
repair
workers,
the
estimated
numbers
of
employees
reflect
the
numbers
of
full­
time
equivalents
(
FTEs).
The
estimated
numbers
of
brake
and
clutch
repair
employees
reflect
the
actual
numbers
of
workers.

­
17
­
ACCESS
TO
RECORDS
­
EMPLOYEE
ACCESS
507
0
0
0
507
­
EPA
ACCESS
­
Construction
425
0
425
0
850
­
Brake
and
Clutch
Repair
3
0
3
0
6
COMPETENT
PERSON
­
TRAINING
­
Class
I
and
II
0
0
13,141
0
13,141
­
Class
III
and
IV
0
0
93,898
0
93,898
­
MAINTAIN
RECORDS
2,504
0
0
0
2,504
TOTALS
10,379
190,733
223,509
11,668
436,289
Reporting
requirements
vary
among
the
different
burden
categories.
Some
categories
impose
annual
paperwork
burdens
at
the
State
or
local
government
level
while
others
impose
paperwork
burdens
at
the
project
or
employee
level.
1
EPA
estimates
that
25,312
State
and
local
governments
will
be
affected
by
these
information
collection
activities
and
that
these
are
the
respondents
for
the
ICR.
However,
many
of
these
respondents
will
not
be
affected
by
all
of
the
information
collection
requirements.
Furthermore,
the
estimates
presented
here
reflect
the
incremental
hours
and
costs
relative
to
the
current
Asbestos
WPR.
In
the
sections
that
follow,
EPA
discusses
(
a)
each
burden
category,
(
b)
the
level
at
which
the
burden
is
applied,
and
(
c)
the
data
and
assumptions
used
to
derive
burden
estimates.

Activity­
by­
Activity
Burden
Estimation
Methods
A.
Reading
and
interpreting
the
regulation.

EPA
assumes
that
at
least
one
person
at
the
State
or
local
government
would
need
to
read
and
interpret
the
requirements
of
the
rule.
EPA
expects
that
this
person
would
be
a
construction
supervisor.
The
supervisor
must
read
the
relevant
sections
of
the
Federal
Register
Notice
as
well
as
the
relevant
cross­
referenced
sections
of
OSHA's
Construction
and
General
Industry
Standards.
Approximately
half
of
the
regulatory
text,
however,
consists
of
technical
appendices
that
will
not
be
of
direct
importance
to
the
supervisor.
For
example,
most
projects
will
not
need
to
employ
fit
testing
methods,
and
monitoring
October
25,
2000
2
As
defined
by
the
Regulatory
Flexibility
Act,
a
small
government
is
any
specified
government
entity,
excluding
States,
with
jurisdiction
over
a
population
of
less
than
50,000.
For
purposes
of
this
analysis,
a
large
government
would
be
any
government
entity
not
classified
as
small.

­
18
­
methods
presumably
will
be
performed
by
a
contracted
specialist.
Given
these
assumptions,
EPA
projects
that,
on
average,
the
supervisor
will
need
three
hours
to
read
and
understand
the
regulation.
EPA
expects
that
some
supervisors
would
require
more
time
to
read
and
interpret
the
regulations
while
some
may
require
less
time.
Thus,
EPA
assumes
that
on
average
a
supervisor
in
each
State
or
local
government
would
need
to
spend
three
hours
on
this
activity.
This
requirement,
however,
is
only
incurred
in
the
first
year
of
the
rule.
To
provide
an
annualized
estimate
of
the
burden
over
the
three­
year
ICR
period,
EPA
divides
the
total
number
of
respondents
(
25,312
State
and
local
governments)
by
three.
This
provides
an
annualized
estimate
of
8,437
responses.
Thus,
this
activity
will
require
25,312
hours
on
an
annualized
basis
(
8,437
responses
×
3
hours).

B.
Respirator
Program.

The
respiratory
protection
program
under
the
rule
encompasses
three
paperwork
activities:
(
a)
developing
written
guidance
for
implementing
the
respirator
requirements
of
the
rule,
(
b)
fit
testing,
and
(
c)
maintaining
records
of
the
fit
tests.

Written
standard
operating
procedures
covering
the
care,
use,
and
selection
of
respirators
must
be
established
for
each
workplace
in
which
respirators
are
used.
Much
of
the
information
needed
to
develop
these
procedures
is
specified
in
the
OSHA
asbestos
standard
for
construction,
as
amended
by
OSHA's
1998
respiratory
protection
standard
(
63
FR
1152;
January
8,
1998).
EPA
assumed
that
large
governments
would
have
an
industrial
hygienist
on
staff
who
would
need
four
hours
to
comply
with
this
requirement.
2
EPA
assumes
that
small
governments,
on
the
other
hand,
will
not
have
an
industrial
hygienist
on
staff
and
will
instead
contract
out
this
service.
Using
the
Regulatory
Flexibility
Act
(
RFA)
definition
of
small
government,
24,495
affected
governments
(
96.77
percent
of
the
25,312
total)
would
be
classified
as
small,
leaving
817
large
governments
with
an
industrial
hygienist
on
staff.
EPA
further
assumes
that
the
respirator
program
will
need
updating
every
five
years.
Thus,
dividing
the
total
number
of
large
governments
by
five
years
yields
163
responses
annually.
Multiplying
by
the
burden
per
response
(
4
hours)
results
in
an
estimated
annual
burden
of
652
hours
of
industrial
hygienists'
time.

Fit
testing
imposes
a
requirement
on
both
the
worker
being
fit­
tested
and
the
worker's
supervisor
who
conducts
the
fit
test.
EPA
estimates
that
fit
tests
for
full­
face
respirators
will
require
15
minutes
and
half­
mask
respirators
will
require
a
fit
test
lasting
10
minutes.
EPA
further
estimates
that
40
full­
time
equivalents
(
FTEs)
will
require
full­
face
fit
tests
and
2,651
FTEs
will
require
half­
mask
fit
tests,
annually.
Thus,
fit
tests
for
full­
face
respirators
will
require
10
hours
for
both
workers
and
supervisors
(
0.25
hours
per
fit
test
×
40
fit
tests)
and
half­
mask
respirator
fit
tests
will
require
442
hours
for
both
workers
and
supervisors
(
0.1667
hours
×
2,651
fit
tests).
In
total,
workers
and
supervisors
will
need
to
spend
452
hours
each
on
fit
testing
each
year.
October
25,
2000
3
EPA
assumes
that
small
local
governments
hire
contractors
to
perform
industrial
hygiene
tasks
such
as
this.

4
See
Chapter
6,
Table
6­
3
of
the
Economic
Analysis.

­
19
­
Maintaining
records
of
the
fit
tests
is
assumed
to
require
five
minutes
of
clerical
time
for
each
fit
test.
Thus,
a
total
of
2,691
fit
tests
will
occur
annually
(
40
for
full­
face
respirators
and
2,651
for
half­
mask
respirators),
requiring
224
hours
of
clerical
labor
time
each
year
(
0.0833
hours
×
2,691
fit
tests).

C.
Exposure
Monitoring.

The
exposure
monitoring
section
of
the
rule
requires
affected
projects
to
perform
periodic
exposure
monitoring
unless
a
negative
exposure
assessment
has
been
made.
For
the
construction­
related
activities,
this
will
require
affected
crews
(
i.
e.,
groups
of
workers)
to
have
an
initial
exposure
assessment.
EPA
estimates
that
this
will
require
two
hours
of
an
industrial
hygienist's
time
every
three
years.
There
are
a
total
of
30,047
crews
that
must
be
evaluated,
resulting
in
an
annual
average
of
10,016
crews.
As
with
developing
respirator
programs,
EPA
assumes
that
only
large
governments
incur
this
as
a
paperwork
burden.
3
Furthermore,
EPA
assumes
that
large
governments
will
incur
a
disproportionate
amount
of
the
hours
associated
with
this
requirement.
Specifically,
EPA
assumes
that
the
number
of
crews
employed
by
large
governments
is
proportional
to
the
populations
of
large
governments.
Based
on
data
in
the
Economic
Analysis
for
this
rule,
EPA
estimates
that
57.66
percent
of
the
total
population
in
the
27
affected
States
resides
in
small
local
government
jurisdictions.
4
Thus,
EPA
assumes
that
the
remainder
(
42.34
percent)
reside
in
large
government
jurisdictions.
This
implies
that
4,240
annual
responses
are
generated
under
this
requirement
(
10,016
crews
×
42.34
percent)
in
the
construction
sector.
Multiplying
by
the
burden
per
response
(
2
hours)
results
in
an
annual
burden
of
8,480
industrial
hygienist
hours.

For
brake
and
clutch
repair
activities
(
which
are
classified
as
a
general
industry
activity),
this
provision
will
require
affected
repair
shops
to
establish
an
exemption
from
periodic
exposure
monitoring.
EPA
estimates
that
this
will
require
two
hours
of
an
industrial
hygienist's
time
annually.
As
noted
above,
only
large
governments
with
on­
staff
industrial
hygienists
will
incur
a
paperwork
burden
under
this
rule.
As
with
the
number
of
crews
above,
EPA
assumes
that
large
governments
will
operate
a
disproportionate
number
of
the
affected
brake
and
clutch
shops.
Specifically,
EPA
assumes
that
the
number
of
affected
brake
and
clutch
shops
in
large
governments
is
proportional
to
the
population
residing
in
large
governmental
jurisdictions.
Thus,
EPA
estimates
that
42.34
percent
of
all
affected
brake
and
clutch
shops
are
owned
by
large
State
and
local
governments.
Thus,
the
annual
burden
for
this
requirement
is
based
on
establishing
exemptions
at
1,268
repair
shops
(
42.34
percent
of
the
2,996
affected
repair
shops)
for
an
annual
burden
of
2,536
industrial
hygienist
hours.

In
addition
to
performing
the
initial
exposure
assessment,
the
rule
requires
that
records
of
the
findings
from
the
assessment
be
kept
on
file.
EPA
estimates
that
this
October
25,
2000
5
In
providing
costs
for
the
Economic
Analysis
for
the
rule,
EPA
did
estimate
a
number
of
projects
for
custodial
work.
That
estimate,
however,
was
used
only
to
estimate
materials
usage
for
some
of
the
compliance
requirements.

­
20
­
activity
will
require
five
minutes
of
clerical
time
for
each
assessment.
Although
some
of
the
assessments
are
performed
by
non­
staff
industrial
hygienists
(
i.
e.,
those
for
small
local
governments),
records
from
all
assessments
will
need
to
be
kept
on
file.
Thus,
there
are
a
total
of
13,012
annual
assessments
for
which
records
must
be
kept
(
10,016
in
the
construction
sector
and
2,996
in
the
brake
and
clutch
sector).
Multiplying
by
the
burden
per
response
(
five
minutes)
yields
an
estimated
annual
clerical
burden
of
1,084
hours.

As
part
of
the
brake
and
clutch
repair
assessment,
EPA
assumes
that
some
sampling
will
be
performed.
The
rule
requires
that
the
results
of
any
exposure
monitoring
conducted
pursuant
to
the
rule
be
posted
for
employees
to
review.
Following
OSHA's
ICRs,
EPA
assumes
that
this
will
require
five
minutes
of
clerical
time
to
post
the
results.
All
2,996
repair
shops
will
need
to
have
results
posted
annually
(
i.
e.,
shops
owned
by
both
small
and
large
governments),
implying
an
annual
burden
of
250
clerical
hours.

D.
Hazard
Communication
­
Notification
Requirements
The
rule
contains
three
notification
requirements
that
will
impose
paperwork
burdens:
(
a)
evaluating
the
risk
associated
with
Class
I
and
II
work,
(
b)
notifying
employees
engaged
in
asbestos­
related
work
about
the
nature
of
the
work,
and
(
c)
notifying
other
employees
(
i.
e.,
employees
not
engaged
in
asbestos­
related
work)
and
building
occupants
about
the
occurrence
of
asbestos­
related
work.

The
rule
requires
competent
persons
to
evaluate
the
risk
associated
with
asbestosrelated
construction
projects.
EPA
assumes
that
this
only
imposes
a
paperwork
burden
on
Class
I
and
II
projects.
EPA
assumes
that
other
covered
activities
(
Class
III
and
IV
projects
and
new
construction
activities)
can
be
evaluated
without
any
incremental
burden.
Following
OSHA's
Asbestos
Construction
Standard
ICR,
EPA
assumes
that
this
will
impose
a
burden
of
45
minutes
of
supervisory
time
for
each
Class
I
and
II
project.
A
total
4,507
Class
I
and
II
projects
are
covered
by
the
rule,
implying
a
total
annual
burden
of
3,380
supervisory
hours
(
0.75
hours
×
4,507
projects).

The
rule
also
requires
employers
to
notify
employees
that
will
be
performing
asbestos­
related
work
prior
to
beginning
the
project.
For
construction
activities,
EPA
assumes
that
this
will
require
5
minutes
of
a
construction
supervisor's
time
for
all
affected
projects.
EPA
excludes
Class
IV
custodial
projects
from
this
burden
estimate
because
custodial
activities
are
assumed
to
occur
continuously
over
the
course
of
the
year
and
are
not
generally
divided
into
discrete
"
projects".
5
Based
on
data
in
the
Economic
Analysis,
EPA
estimates
that
507,508
construction
projects
will
require
these
notifications.
Multiplying
the
estimated
number
of
projects
by
five
minutes
(
0.0833
hours)
yields
an
estimated
42,292
construction
supervisor
hours
to
comply
with
this
requirement
(
507,508
projects
×
0.0833
hours).
October
25,
2000
­
21
­
For
brake
and
clutch
repair,
EPA
assumes
that
this
requirement
will
be
incurred
four
times
(
e.
g.,
quarterly)
each
year
at
each
brake
and
clutch
repair
shop.
Furthermore,
EPA
assumes
that
compliance
with
this
requirement
will
impose
a
five
minute
burden
on
brake
and
clutch
repair
supervisors.
There
are
2,996
repair
shops,
so
the
annual
burden
for
this
requirement
among
brake
and
clutch
repair
shops
will
be
999
hours
(
2,996
shops
×
0.0833
hours
×
4
times
annually).

Finally,
the
rule
requires
employers
to
notify
other
employees
(
i.
e.,
those
not
performing
the
asbestos­
related
work)
and
tenants
about
the
occurrence
of
asbestosrelated
work
in
the
building.
EPA
assumes
that
this
will
be
incurred
only
by
construction
projects
and
will
impose
a
burden
of
five
minutes
of
supervisory
time
per
project.
In
the
Economic
Analysis
for
the
rule,
EPA
estimates
that
507,508
projects
will
be
affected
by
this
requirement.
Multiplying
by
the
burden
per
response
(
five
minutes)
results
in
an
estimated
burden
of
42,292
hours
of
supervisory
time
annually
to
comply
with
this
requirement
(
507,508
projects
×
0.0833
hours).

E.
Training
Program.

The
rule
will
require
all
affected
construction
workers
to
be
trained
based
on
the
Class
of
work
they
perform.
Training
requirements
for
Class
I
abatement
workers
are
not
incremental
to
the
rule
and
thus
do
not
impose
an
incremental
paperwork
burden.
The
annual
training
requirements
are
32
hours
for
Class
II
workers,
16
hours
for
Class
III
workers,
including
new
construction
projects,
and
2
hours
for
Class
IV
workers.
EPA
estimates
that
training
will
be
required
for
2,140
Class
II
workers,
1,000
Class
III
workers,
and
51,905
Class
IV
workers.
This
implies
annual
training
requirements
of
68,480
hours
for
Class
II
workers
(
32
hours
×
2,140
workers),
16,000
hours
for
Class
III
workers
(
16
hours
×
1,000
workers),
and
103,810
hours
for
Class
IV
workers
(
2
hours
×
51,905
workers).
The
total
annual
employee
hours
required
for
training
is
188,290.

Records
of
the
training
must
be
kept
on
file
for
each
worker
who
is
trained.
EPA
assumes
that
this
will
require
five
minutes
of
clerical
time
per
worker
trained.
A
total
of
55,045
workers
will
be
trained
annually
(
2,140
Class
II
workers
+
1,000
Class
III
workers
+
51,905
Class
IV
workers),
requiring
4,587
clerical
hours
annually
to
maintain
these
records
(
55,045
×
0.0833
hours).

The
rule
also
requires
employers
to
maintain
training
materials
on
file
for
employees
to
access.
The
burden
associated
with
this
requirement
has
been
included
in
the
burden
estimate
under
employee
access
to
records
below.

F.
Medical
Surveillance.

The
rule
requires
a
medical
exam
for
Class
I,
II,
or
III
employees,
including
new
construction
workers,
and
for
workers
who
are
exposed
at
or
above
the
PEL
for
more
than
30
days
annually.
The
medical
surveillance
section
of
the
rule
will
impose
five
paperwork
activities
on
affected
entities:
(
1)
medical
exams,
(
2)
initial
and
periodic
questionnaires,
(
3)
providing
information
to
physicians,
(
4)
obtaining
the
physician's
written
opinion,
and
October
25,
2000
­
22
­
(
5)
maintaining
records
of
the
medical
exam.
In
estimating
the
paperwork
burden
for
this
requirement,
EPA
does
not
include
the
physician's
time
as
part
of
the
burden
estimate.
EPA
assumes
that
the
physicians
performing
these
activities
are
not
part
of
the
affected
entities'
staff,
but
provide
these
services
under
contract.

EPA
assumes
that
all
Class
II
and
III
construction
workers
will
need
to
undergo
medical
exams
each
year.
Although
Class
I
workers
will
also
require
medical
exams,
the
1987
EPA
asbestos
WPR
covers
these
activities
and
thus
medical
exams
are
not
incremental
for
Class
I
workers
under
the
revised
rule.
Based
on
the
Economic
Analysis
for
this
rule,
EPA
estimates
that
3,032
workers
will
require
medical
exams.
Of
this
total,
however,
1,206
are
supervisors
(
one
for
each
crew;
704
Class
II
crews
and
504
in
Class
III).
Thus,
1,826
non­
supervisory
construction
workers
will
require
medical
exams.
To
account
for
turnover,
EPA
inflated
each
of
these
estimates
by
five
percent.
Thus,
each
year
1,266
supervisors
and
1,917
non­
supervisory
construction
workers
will
require
medical
exams.
EPA
assumes
that
these
exams
will
require
45
minutes
each,
imposing
an
annual
burden
of
2,387
hours
(
1,438
hours
for
construction
workers
and
950
hours
for
supervisors).

The
rule
also
requires
that
workers
undergoing
medical
exams
fill
out
medical
questionnaires
designed
to
assess
current
and
past
asbestos­
related
risk.
For
a
worker's
initial
exam
under
the
rule,
the
worker
must
fill
out
an
initial
medical
questionnaire.
For
subsequent
exams,
the
worker
fills
out
an
abbreviated
form
of
that
questionnaire
(
i.
e.,
the
periodic
questionnaire).
Both
of
these
questionnaires
can
be
found
in
OSHA's
Construction
Standard
(
29
CFR
1926.1101,
Appendix
D).
EPA
estimated
the
annual
number
of
initial
exams
by
calculating
the
total
number
of
initial
exams
that
will
take
place
over
the
three­
year
ICR
period
and
then
dividing
by
three
years.
EPA
assumes
that
all
exams
in
the
first
year
are
initial
exams
(
including
those
that
account
for
employee
turnover)
and
that
only
exams
covering
employee
turnover
in
years
two
and
three
will
be
initial
exams.
Thus,
the
annual
number
of
initial
exams
would
be
calculated
as:

annual
initial
exams
=
[
1.05x
+
0.05x
+
0.05x]/
3
=
1.15x/
3
where
x
is
the
number
of
first­
year
workers
covered
by
the
medical
exams
requirement
(
i.
e.,
not
adjusted
for
turnover)
and
the
numerical
coefficients
account
for
turnover.
This
is
applied
to
both
supervisors
and
non­
supervisory
construction
workers
who
are
subject
to
the
medical
exam
requirement
of
the
rule.
Thus,
based
on
the
estimates
above
for
medical
exams,
700
non­
supervisory
construction
workers
([
1,826
×
1.15]/
3)
and
462
supervisors
([
1,206
×
1.15]/
3)
will
fill
out
initial
questionnaires
annually.
EPA
assumes
that
completing
the
initial
questionnaire
imposes
a
burden
of
one
half­
hour.
Thus,
completing
initial
questionnaires
will
impose
a
burden
of
350
hours
on
non­
supervisory
construction
workers
and
231
hours
on
supervisory
construction
workers
each
year.

EPA
assumes
that
all
non­
initial
exams
that
occur
annually
will
require
the
worker
to
complete
a
periodic
questionnaire.
The
number
of
periodic
questionnaires
is
estimated
by
subtracting
the
number
of
initial
questionnaires
from
the
total
number
of
medical
exams.
Thus,
EPA
estimates
that
1,217
non­
supervisory
workers
(
1,917
­
700)
and
804
October
25,
2000
­
23
­
supervisors
(
1,266
­
462)
will
complete
periodic
questionnaires
each
year.
EPA
assumes
that
the
periodic
questionnaire
will
take
10
minutes
to
complete.
Thus,
this
requirement
imposes
a
burden
of
203
hours
on
non­
supervisory
construction
workers
(
1,217
workers
×
0.1667
hours)
and
a
burden
of
134
hours
on
supervisors
(
804
workers
×
0.1667
hours).

The
rule
requires
employers
to
provide
examining
physicians
with
a
number
of
pieces
of
information,
including:

!
A
copy
of
the
OSHA
Construction
Standard
including
Appendices
D,
E,
and
I
of
the
Standard;

!
A
description
of
the
employee's
duties;

!
The
employee's
representative
exposure
level;

!
A
description
of
any
personal
protective
equipment
used
by
the
employee;
and
!
Information
from
previous
medical
exams
that
is
not
otherwise
available
to
the
physician.

EPA
assumes
that
providing
this
information
will
impose
a
five
minute
burden
for
each
annual
medical
exam
and
that
affected
government
entities
will
use
clerical
labor
to
comply
with
this
requirement.
There
are
a
total
of
3,183
medical
exams
performed
annually
(
1,917
for
non­
supervisory
construction
workers
and
1,266
for
supervisory
construction
workers).
Thus,
this
requirement
will
impose
an
annual
burden
of
265
clerical
hours.

The
rule
requires
employers
to
obtain
a
written
opinion
from
the
physician
for
each
medical
exam.
EPA
assumes
that
obtaining
the
physician's
written
opinion
will
impose
a
five
minute
burden
for
each
annual
medical
exam
and
that
affected
government
entities
will
use
clerical
labor
to
comply
with
this
requirement.
There
are
a
total
of
3,183
medical
exams
performed
annually.
Thus,
obtaining
the
physician's
written
opinion
will
impose
an
annual
burden
of
265
clerical
hours.

The
rule
requires
employers
to
maintain
medical
records
for
each
employee.
EPA
assumes
that
maintaining
medical
records
will
impose
a
five
minute
burden
for
each
annual
medical
exam
and
that
affected
government
entities
will
use
clerical
labor
to
comply
with
this
requirement.
There
are
a
total
of
3,183
medical
exams
performed
annually.
Thus,
EPA
estimates
that
maintaining
medical
records
will
impose
an
annual
burden
of
265
clerical
hours.

G.
Access
to
Records.

The
rule
requires
affected
employers
(
a)
to
allow
employees
access
to
a
variety
of
records
and
(
b)
to
allow
the
EPA
to
inspect
those
records.
October
25,
2000
­
24
­
EPA
assumes
that
allowing
employees
to
access
their
own
records
will
require
five
clerical
minutes
for
each
occurrence.
EPA
estimates
that
60,890
employees
will
be
affected
by
the
rule
and
that
10
percent
of
those
will
access
their
own
records
each
year.
Thus,
employees
will
access
records
6,089
times
annually.
This
results
in
a
total
annual
burden
of
507
clerical
hours.

EPA
assumes
that
its
access
to
employer
records
will
require
five
minutes
for
both
a
clerical
worker
and
a
supervisor
for
each
time
the
Agency
accesses
records.
For
the
construction
sector,
EPA
assumes
that
this
will
occur
in
approximately
five
percent
of
Class
I
projects
and
one
percent
of
new
construction
and
Class
II,
III,
and
IV
projects.
For
brake
and
clutch
work,
EPA
assumes
that
one
percent
of
all
brake
and
clutch
repair
shops
will
be
inspected
annually.
Based
on
these
assumptions,
EPA
will
access
the
records
of
5,097
construction
projects
each
year
and
the
records
of
30
brake
and
clutch
repair
shops.
Thus
EPA
will
access
records
5,127
times
annually.
This
results
in
a
total
annual
burden
of
425
hours
of
both
clerical
and
supervisory
time
for
construction­
related
work
and
a
total
annual
burden
of
three
hours
of
both
clerical
and
supervisory
time
for
brake
and
clutch
repair.

H.
Competent
Person.

The
rule
requires
all
construction
worksites
that
are
covered
by
the
rule
to
be
supervised
by
an
individual
trained
as
a
competent
person.
This
will
require
affected
State
and
local
governments
to
train
one
person
from
each
work
crew
as
a
competent
person.
EPA
assumes
that
competent
person
training
for
Class
I
crews
is
not
incremental
to
the
rule.
For
Class
II
work,
EPA
competent
person
training
will
require
a
40­
hour
training
course
every
five
years
with
an
eight­
hour
course
in
all
other
years.
Thus,
over
the
threeyear
ICR
period,
Class
II
competent
persons
will
require
56
hours
of
training
(
40
hours
in
the
first
year
and
8
hours
in
the
other
two
years).
Thus,
the
annual
average
training
for
Class
II
competent
persons
is
18.67
hours
([
56
hours]/[
three
years]).
This
can
be
applied
to
704
supervisors
that
must
be
trained
as
Class
II
competent
persons
for
an
annual
burden
of
13,141
supervisor
hours.

For
Class
III
and
IV
workers,
including
new
construction
workers,
EPA
assumes
that
competent
person
training
will
require
a
16­
hour
training
course
once
every
five
years.
Thus,
the
average
annual
burden
for
training
Class
III
and
IV
competent
persons
is
3.2
hours
[(
16
hours)/(
five
years)].
This
can
be
applied
to
29,343
supervisors
that
must
be
trained
as
Class
III
or
IV
competent
persons
for
an
annual
burden
of
93,898
supervisor
hours.

In
addition
to
training,
records
must
be
kept
to
document
that
the
persons
have
been
trained.
EPA
assumes
that
for
each
person
trained,
affected
State
and
local
governments
will
incur
a
burden
of
five
minutes
of
clerical
time.
Based
on
the
estimates
above,
a
total
30,047
competent
persons
will
be
trained
annually
(
704
under
Class
II
and
29,343
under
Class
III
and
IV).
Thus,
maintaining
records
of
competent
person
training
will
require
2,504
clerical
hours
([
0.083
hours]
×
[
30,047
competent
persons])
annually.
October
25,
2000
­
25
­
October
25,
2000
­
26
­
Summary
of
Burden
Estimates
Table
3
summarizes
the
total
burdens
associated
with
each
of
the
categories
discussed
above.
EPA
estimates
that
the
total
annual
respondent
burden
for
this
ICR
will
be
436,289
hours.
The
ICR
affects
a
total
25,312
respondents
(
i.
e.,
all
affected
State
and
local
governments).
The
total
number
of
annual
responses
is
estimated
to
be
1,272,138
(
see
Table
2).
Thus,
the
burden
per
respondent
is
17.24
hours
([
436,289
burden
hours]/[
25,312
respondents])
and
the
average
burden
per
response
is
0.35
hours
([
436,289
burden
hours]/[
1,272,138
responses]).

The
total
burden
for
this
ICR
(
436,289
hours)
is
larger
than
the
total
burden
under
the
previous
ICR
(
47,133
hours).
However,
given
the
expanded
scope
and
requirements
of
the
rule,
estimates
from
the
previous
ICR
are
not
readily
comparable.
It
should
be
noted,
however,
that
a
respondent
under
the
previous
ICR
was
defined
as
an
abatement
project,
but
has
now
been
redefined
as
an
affected
State
or
local
government
under
this
ICR
based
on
the
expanded
scope
of
the
rule.
The
burden
per
respondent
for
this
ICR
(
17.24
hours)
is
lower
than
under
the
previous
ICR
(
22.66
hours).

6(
b)
Estimating
Respondent
Costs
Table
4
provides
an
estimate
of
respondent
costs,
based
on
the
burden
estimates
(
Table
3)
and
the
following
hourly
labor
cost
assumptions:

#
Clerical
labor
costs
$
17.97
per
hour,

#
Construction
employee
(
non­
supervisory)
labor
costs
$
26.26
per
hour,

#
Brake
and
clutch
repair
employee
labor
costs
$
19.62
per
hour,

#
Construction
supervisor
labor
costs
$
35.01
per
hour,

#
Brake
and
clutch
repair
supervisor
labor
costs
$
22.57
per
hour,
and
#
Industrial
hygienist
labor
costs
$
73.45
per
hour.

These
hourly
labor
costs
reflect
both
wage
and
non­
wage
benefits
for
these
categories
of
employees
in
year
2000
dollars.
The
derivation
of
the
labor
costs
appear
in
an
attachment
to
the
ICR.
Cost
estimates
in
Table
4
are
derived
by
multiplying
the
respondent
burden
hours
for
each
requirement
by
the
appropriate
hourly
labor
cost
from
above.
October
25,
2000
­
27
­
Table
4.
Total
Annual
Cost
of
Respondent
Burden
Hours
COLLECTION
ACTIVITY
TOTAL
ANNUAL
BURDEN
HOUR
COSTS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
READ
AND
INTERPRET
REGULATION
$
0
$
0
$
886,146
$
0
$
886,146
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
$
47,890
$
47,890
­
FIT
TESTING
­
Full­
Face
Respirators
$
0
$
263
$
350
$
0
$
613
­
Half­
Mask­
Face
Respirators
$
0
$
11,601
$
15,468
$
0
$
27,069
­
MAINTAIN
RECORDS
FOR
FIT
TESTS
$
4,030
$
0
$
0
$
0
$
4,030
EXPOSURE
MONITORING
­
INITIAL
EXPOSURE
ASSESSMENT
­
Construction
$
0
$
0
$
0
$
622,869
$
622,869
­
Brake
and
Clutch
Repair
$
0
$
0
$
0
$
186,273
$
186,273
­
MAINTAIN
RECORDS
$
19,486
$
0
$
0
$
0
$
19,486
­
POST
MONITORING
RESULTS,
BRAKE/
CLUTCH
$
4,487
$
0
$
0
$
0
$
4,487
HAZARD
COMMUNICATION
­
EVALUATE
RISKINESS
$
0
$
0
$
118,339
$
0
$
118,339
­
NOTIFY
EMPLOYEES
­
Construction
$
0
$
0
$
1,480,609
$
0
$
1,480,609
­
Brake
and
Clutch
Repair
$
0
$
0
$
22,537
$
0
$
22,537
­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
$
0
$
0
$
1,480,609
$
0
$
1,480,609
TRAINING
­
PROVIDE
TRAINING
­
Class
II
$
0
$
1,798,058
$
0
$
0
$
1,798,058
­
Class
III
$
0
$
420,107
$
0
$
0
$
420,107
­
Class
IV
$
0
$
2,725,708
$
0
$
0
$
2,725,708
­
MAINTAIN
RECORDS
$
82,444
$
0
$
0
$
0
$
82,444
MEDICAL
SURVEILLANCE
­
MEDICAL
EXAMS
$
0
$
37,751
$
33,241
$
0
$
70,992
­
INITIAL
QUESTIONNAIRE
$
0
$
9,190
$
8,087
$
0
$
17,277
­
PERIODIC
QUESTIONNAIRE
$
0
$
5,326
$
4,691
$
0
$
10,017
­
INFORMATION
TO
PHYSICIANS
$
4,767
$
0
$
0
$
0
$
4,767
­
PHYSICIAN'S
WRITTEN
OPINION
$
4,767
$
0
$
0
$
0
$
4,767
­
MAINTAIN
RECORDS
$
4,767
$
0
$
0
$
0
$
4,767
October
25,
2000
COLLECTION
ACTIVITY
TOTAL
ANNUAL
BURDEN
HOUR
COSTS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
6
This
estimate
is
based
on
25,312
affected
State
and
local
governments
which
comprise
the
set
of
respondents.

­
28
­
ACCESS
TO
RECORDS
­
EMPLOYEE
ACCESS
$
9,120
$
0
$
0
$
0
$
9,120
­
EPA
ACCESS
­
Construction
$
7,634
$
0
$
14,870
$
0
$
22,504
­
Brake
and
Clutch
Repair
$
45
$
0
$
56
$
0
$
101
COMPETENT
PERSON
­
TRAINING
­
Class
I
and
II
$
0
$
0
$
460,064
$
0
$
460,064
­
Class
III
and
IV
$
0
$
0
$
3,287,254
$
0
$
3,287,254
­
MAINTAIN
RECORDS
$
45,003
$
0
$
0
$
0
$
45,003
TOTALS
$
186,550
$
5,008,004
$
7,812,321
$
857,032
$
13,863,90
Note:
Some
rounding
error
exists
in
these
estimates.

Based
on
the
above
hourly
labor
cost
data,
EPA
calculated
the
total
respondent
cost
to
be
$
13.9
million
annually.
This
translates
into
a
per
respondent
burden
of
$
547.72.6
As
with
the
estimate
for
the
number
of
burden
hours,
the
total
cost
of
the
burden
has
increased
substantially
from
the
previous
ICR.
However,
given
the
expanded
scope
and
requirements
of
the
rule,
the
previous
estimates
are
not
necessarily
comparable
to
the
estimates
provided
here.
Again,
a
respondent
under
the
previous
ICR
was
defined
as
an
abatement
project,
but
has
been
defined
as
an
affected
State
or
local
government
under
this
ICR
based
on
the
expanded
scope
of
the
rule.
Nonetheless,
cost
per
respondent
is
lower
under
this
ICR
($
547.72)
than
under
the
previous
ICR
($
1,151).

6(
c)
Estimating
Agency
Burden
and
Cost
Table
5
shows
the
estimated
Agency
burden
associated
with
this
ICR.
EPA
has
determined
that
only
one
Agency
activity
will
create
a
burden
under
the
rule:
inspecting
projects.
Projects
can
be
inspected
for
two
reasons:
(
a)
as
part
of
the
neutral
administrative
inspection
program
or
(
b)
in
response
to
a
complaint.
In
the
previous
ICR,
EPA
provided
separate
estimates
for
each
category.
However,
the
data
in
the
Economic
Analysis
do
not
allow
EPA
to
make
such
a
distinction
in
this
ICR
because
of
the
expanded
scope
of
the
rule.

For
the
construction
sector,
EPA
assumes
that
five
percent
of
Class
I
projects
and
one
percent
of
new
construction
and
Class
II,
III,
and
IV
projects
will
be
inspected
annually.
For
brake
and
clutch
work,
EPA
assumed
that
one
percent
of
all
brake
and
clutch
repair
October
25,
2000
7
Salary
figure
taken
from:
U.
S.
Office
of
Personnel
Management
(
OPM),
2000.
2000
General
Schedule
(
Not
Including
Locality
Rates
of
Pay),
January.
Because
27
different
states
are
covered
by
this
rule,
it
is
not
possible
to
include
a
single
locality
pay
raise
adjustment
that
would
apply
to
all
of
them.
Therefore,
EPA
used
OPM's
general
schedule
as
an
estimate
of
the
annual
salary.

8
U.
S.
EPA,
1996.
Draft
ICR
Handbook,
EPA's
Guide
to
Writing
Information
Collection
Requests
Under
the
Paperwork
Reduction
Act
of
1995,
p.
A­
36
September,
1996.

­
29
­
shops
will
be
inspected
annually.
EPA
further
assumes
that
inspections
of
Class
I
and
Class
II
construction
projects
and
brake
and
clutch
establishments
will
require
one
hour
of
an
inspector's
time
and
that
inspections
of
Class
III
and
IV
construction
projects
(
including
new
construction
projects)
will
require
15
minutes.
EPA
used
these
assumptions
in
combination
with
estimates
of
the
numbers
of
projects
and
brake
and
clutch
establishments
to
generate
estimates
of
the
time
required
to
comply:

!
Based
on
an
estimated
554
Class
I
construction
projects,
EPA
will
inspect
28
Class
I
projects
annually
[
554
projects]
×
[
5
percent])
requiring
28
hours
for
Class
I
construction
project
inspections.

!
Based
on
an
estimated
3,953
Class
II
construction
projects,
EPA
will
inspect
40
Class
II
projects
annually
[
3,953
projects]
×
[
1
percent])
requiring
40
hours
for
Class
II
construction
project
inspections.

!
Based
on
an
estimated
503,000
non­
custodial
Class
III
and
IV
construction
projects,
including
new
construction
projects,
EPA
will
inspect
5,030
noncustodial
Class
III
and
IV
projects
annually
[
503,000
projects]
×
[
1
percent])
requiring
1,258
hours
for
non­
custodial
Class
III
and
IV
construction
project
inspections.

!
Based
on
an
estimated
2,996
brake
and
clutch
repair
shops,
EPA
will
inspect
30
brake
and
clutch
repair
shops
annually
[
2,996
shops]
×
[
1
percent])
requiring
30
hours
for
brake
and
clutch
repair
shop
inspections.

In
total,
EPA
will
incur
an
annual
requirement
of
1,356
hours
associated
with
inspections.

A
GS­
9,
Step
1
base
salary
of
$
32,380
was
used
to
calculate
costs
for
inspections.
7
The
annual
salary
was
then
inflated
by
a
factor
of
1.6
to
account
for
overhead
and
benefits.
8
Thus,
the
fully
loaded
annual
labor
cost
for
Federal
employees
who
will
conduct
the
inspections
under
this
ICR
is
$
51,808.
Based
on
a
2,080
hour
work
year,
the
fully
loaded
hourly
labor
cost
is
$
24.91
for
a
GS­
9
employee.
October
25,
2000
­
30
­
Table
5.
Annual
Agency
Burden
and
Cost
Estimate
Activity
Burden
Hours
Cost
Inspections
(
GS­
9­
Step
1)
1,356
$
33,778
Total
1,356
$
33,778
6(
d)
Bottom
Line
Burden
Hour
and
Costs/
Master
Tables
The
total
burden
hours
for
respondents
and
for
the
Federal
government
are
illustrated
in
Table
6.

Table
6.
Bottom
Line
Annual
Burden
Hours
and
Costs
Party
Burden
Hours
Cost
Respondents
436,289
$
13,863,907
Federal
Agency
1,356
$
33,778
Total
437,645
$
13,897,685
6(
e)
Reasons
for
Change
in
Burden
The
total
burden
for
this
ICR
has
increased
from
the
previous
ICR
by
389,156
hours
(
from
47,133
to
436,289).
This
change,
which
is
considered
to
be
a
program
change,
results
from
the
amended
rule's
expansion
of
the
scope
of
the
Asbestos
WPR.
The
1987
EPA
Asbestos
WPR
covered
abatement
activities
only.
The
final
rule
expands
coverage
to
include
new
construction,
renovation,
maintenance,
custodial,
and
brake
and
clutch
repair
activities.
Based
on
the
expanded
scope
of
the
rule,
EPA
has
also
redefined
"
respondent"
in
this
ICR
to
be
a
State
or
local
government.
In
the
previous
ICR
for
the
Asbestos
WPR,
EPA
had
defined
a
respondent
as
an
asbestos
abatement
project.
As
a
result,
the
changes
are
not
directly
comparable.
Previously,
the
burden
average
was
22.66
hours
per
response,
with
a
total
annual
burden
of
47,133
hours
for
an
estimated
2,080
respondents.
The
revised
ICR
reflects
an
estimated
average
of
17.24
hours
per
respondent,
with
a
total
annual
burden
of
436,289
hours
for
an
estimated
25,312
respondents.
October
25,
2000
­
31
­
In
addition,
the
Agency
costs
are
not
comparable
to
the
previous
ICR.
In
estimating
the
costs
for
this
ICR,
EPA
deleted
two
activities
included
under
the
previous
ICR.
Furthermore,
in
providing
estimates
for
the
one
remaining
requirement
(
inspections),
EPA
used
updated
assumptions
for
the
frequency
of
inspections
and
the
per
inspection
Agency
burden.
6(
f)
Burden
Statement
The
public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
17.24
hours
per
respondent,
and
total
436,289
hours
annually,
assuming
an
estimated
25,312
respondents.
According
to
the
Paperwork
Reduction
Act,
"
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.
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
number
for
this
information
collection
appears
above.
In
addition,
the
OMB
control
numbers
for
EPA's
regulations,
after
initial
display
in
the
Federal
Register,
are
listed
in
40
CFR
part
9.

The
Agency
always
welcomes
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques.
Please
send
such
comments
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
Mail
Code
2822),
1200
Pennsylvania
Ave.,
NW.,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
2070­
0072
in
any
correspondence,
but
do
not
submit
the
requested
information
to
this
address.
The
requested
information
should
be
submitted
in
accordance
with
the
instructions
accompanying
the
form,
or
as
specified
in
the
corresponding
regulation.

References
For
Section
6
OSHA,
2000a.
Supporting
Statement
for
the
Information
Collection
Requirements
of
the
Asbestos
Standard
(
Construction),
OMB
Approval
Number
1218­
0134.

OSHA,
2000b.
Supporting
Statement
for
the
Information
Collection
Requirements
of
the
Asbestos
Standard
(
General
Industry),
OMB
Approval
Number
1218­
0133.

U.
S.
EPA,
2000.
Final
Asbestos
Worker
Protection
Rule
Economic
Analysis,
Economic
and
Policy
Analysis
Branch,
Economics,
Exposure
and
Technology
Division,
Office
of
Pollution
Prevention
and
Toxics,
September
25.
October
25,
2000
­
32
­
ATTACHMENTS:

NOTE:
Unless
otherwise
noted
below,
the
electronic
copies
of
the
attachments
are
included
at
the
end
of
the
electronic
file
for
this
ICR.

Attachment
A:
Copy
of
Toxic
Substances
Control
Act
(
TSCA)
§
6
[
15
U.
S.
C.
2605]
You
can
access
TSCA
electronically
through
the
EPA
home
page
at
http://
www.
epa.
gov/
epahome/
laws.
htm.

Attachment
B:
Copy
of
TSCA
§
8(
a)
[
15
U.
S.
C.
2607(
a)]
You
can
access
TSCA
electronically
through
the
EPA
home
page
at
http://
www.
epa.
gov/
epahome/
laws.
htm.

Attachment
C:
Copy
of
Final
Rule
Using
the
date
of
its
publication
in
the
Federal
Register,
you
can
access
the
Final
Rule
electronically
at
http://
www.
epa.
gov/
fedrgstr/.

Attachment
D:
Hourly
Labor
Costs
Used
in
Estimating
Respondent
Burden
Costs
Attachment
E:
Display
Related
to
OMB
Control
#
2070­
0072
­
Listings
of
Related
Regulations
in
40
CFR
9.1
Attachment
F:
Response
to
OMB
Comments
on
the
Proposed
Rule
ICR
You
may
also
access
an
electronic
copy
of
this
ICR
(
under
EPA
ICR
#
1246.08)
at
http://
www.
epa.
gov/
icr/
icr.
htm,
or
through
the
EPA
home
page
at
http://
www.
epa.
gov/
fedrgstr/
under
the
entry
for
the
final
rule,
which
can
be
located
using
the
date
of
its
publication
in
the
Federal
Register.
To
access
electronic
information
about
the
Asbestos
Program
go
to
http://
www.
epa.
gov/
opptintr/
asbestos/
index.
htm.
October
25,
2000
D
­
1
ATTACHMENT
D
Hourly
Labor
Costs
Used
in
Estimating
Respondent
Burden
Costs
Worker
category
Raw
Hourly
Wage
Rate
[
a]
Loaded
Hourly
Wage
Rate
[
b]

Construction
sector
worker
$
17.18
[
c]
$
26.26
Construction
supervisor
$
22.91
[
d]
$
35.01
Clerical
worker
$
11.76
[
e]
$
17.97
Brake
and
clutch
repair
mechanic
$
12.84
[
f]
$
19.62
Brake
and
clutch
repair
supervisor
$
14.77
[
g]
$
22.57
Industrial
hygienist
$
48.06
[
h]
$
73.45
[
a]
Source:
BLS,
2000a,
except
for
industrial
hygienist
category
which
was
taken
from
OSHA,
1996a.
[
b]
EPA
calculates
the
loaded
hourly
wage
rate
by
inflating
the
raw
hourly
wage
rate
by
53.1
percent
(
i.
e,
multiplying
by
a
factor
of
1.528).
This
mark­
up
was
derived
from
BLS
data
(
BLS,
2000b).
In
that
data,
BLS
reports
that
among
State
and
local
government
employees
total
compensation
(
including
non­
monetary
benefits)
was
$
22.78
per
hour
in
blue­
collar
occupations
and
$
22.05
in
service
occupations
(
both
March,
2000).
Wages
and
salaries
among
State
and
local
government
employees
in
these
two
occupation
categories
were
$
15.05
and
$
14.29
respectively.
This
implies
that
benefits
mark­
up
for
blue­
collar
employees
was
1.514
($
22.78/$
15.05)
and
for
service
employees
was
1.543
($
22.05/$
14.29).
The
average
of
these
two
mark­
ups
is
1.528.
[
c]
This
is
the
average
hourly
wage
for
the
"
Construction"
industry
in
the
BLS
data
(
BLS,
2000a).
[
d]
The
construction
supervisor
wage
is
derived
by
marking
up
the
construction
worker
wage
by
33.3
percent.
This
markup
was
derived
from
median
weekly
earnings
data
found
in
BLS,
2000a.
In
that
data,
construction
supervisors'
median
weekly
earnings
were
$
720
in
1999
and
non­
supervisory
construction
workers'
median
weekly
earnings
were
$
540
in
1999.
The
ratio
of
these
two
(
1.333
=
$
720/$
540)
was
used
as
the
supervisor's
hourly
wage
markup.
[
e]
This
is
the
average
hourly
wage
for
the
"
Business
services,
Photocopying
and
duplicating
services"
industry
in
the
BLS
data
(
BLS,
2000a).
[
f]
This
is
the
average
hourly
wage
for
the
"
Automotive
repair
shops"
industry
in
the
BLS
data
(
BLS,
2000a).
[
g]
The
brake
and
clutch
repair
supervisor
wage
is
derived
by
marking
up
the
construction
worker
wage
by
15
percent.
This
follows
OSHA
(
1994).
[
h]
The
industrial
hygienist's
wage
was
taken
from
OSHA
(
1996).
In
that
analysis,
the
hourly
wage
rate
for
an
industrial
hygienist
was
$
43.49.
EPA
inflated
this
by
10.5
percent
to
update
the
estimate
to
year
2000
dollars.
The
10.5
percent
inflation
adjustment
is
based
on
the
rate
of
wage
inflation
in
the
"
health
services"
industry
in
BLS
(
2000a)
between
1996
and
2000.
October
25,
2000
D
­
2
References
for
Attachment
Bureau
of
Labor
Statistics
(
BLS),
2000a.
Employment
and
Earnings,
January.

Bureau
of
Labor
Statistics
(
BLS),
1999b.
"
Employer
Costs
for
Employee
Compensation
­
March
2000,"
News,
BLS,
U.
S.
Department
of
Labor,
USDL:
00.186,
June
29.

OSHA,
1994.
Final
Regulatory
Impact
and
Regulatory
Flexibility
Analysis
for
Revisions
to
the
Asbestos
Worker
Protection
Rule,
July.

OSHA
1996.
Unit
Costs
Applied
in
the
Analysis
of
Total
Costs
Associated
with
the
Revised
Asbestos
Standard,
Tabulation
provided
to
Eastern
Research
Group,
Lexington,
MA
by
Robert
Blicksilver,
U.
S.
OSHA
Office
of
Regulatory
Analysis,
May.
October
25,
2000
E
­
1
ATTACHMENT
E
Display
Related
to
OMB
Control
#
2070­
0072
­
Listings
of
Related
Regulations
in
40
CFR
9.1
As
of
May
10,
1993,
the
OMB
approval
numbers
for
EPA
regulations
in
Chapter
I
of
Title
40
of
the
Code
of
Federal
Regulations
(
CFR)
appear
in
a
listing
in
40
CFR
9.1
(
58
FR
27472).
This
listing
fulfills
the
display
requirements
in
section
3507(
f)
of
the
Paperwork
Reduction
Act
(
PRA)
for
EPA
regulations.

The
listing
at
40
CFR
9.1
displays
this
OMB
Control
number
for
the
following
regulations,
and
is
verified
as
current:

Program
Title
40
CFR
citation
Asbestos
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Part
763,
subpart
G
October
25,
2000
F
­
1
ATTACHMENT
F
Response
to
OMB
Comments
on
the
Proposed
Rule
ICR
The
Proposed
Rule
Related
Replacement
ICR
to
the
Existing
ICR
entitled
"
Reporting
and
Recordkeeping
for
Asbestos
Abatement
Worker
Protection;
EPA
ICR
#
1246.07;
OMB
#
2070­
0072"
was
submitted
to
OMB
for
review
and
approval
under
the
Paperwork
Reduction
Act
on
April
27,
2000.
OMB
has
concluded
its
review
and
issued
the
OMB
Action
Notice
on
July
20,
2000,
providing
the
following
comments
for
EPA
consideration
in
developing
the
final
rule:

"
The
agency
should
resubmit
the
final
draft
of
this
ICR
after
taking
into
consideration
any
comments
received
on
the
proposed
Asbestos
Abatement
Worker
Protection
Rule.
The
agency
should
provide
to
OMB
a
summary
of
comments
received
on
the
information
collection
aspects
of
the
rule,
as
well
as
the
agency's
response
to
those
comments.
The
agency
is
encouraged
to
continue
to
improve
burden
estimates
by
updating
hour
per
respondent
estimates
using
OSHA
experience,
and
also
by
revising
wage
estimates
taking
into
account
guidance
provided
by
EPA's
Office
of
Environmental
Information
and
OMB."

In
early
August,
EPA
provided
OMB's
Desk
Officer
with
a
summary
of
the
comments
that
EPA
received
on
the
proposed
rule,
along
with
the
Agency's
draft
response
to
those
comments.
A
more
detailed
discussion
of
the
comments
received
and
EPA's
responses
to
those
comments
can
be
found
in
the
preamble
to
the
final
rule
(
see
Attachment
C).
With
the
exception
of
Texas
A
&
M,
all
of
the
12
other
commenters
generally
supported
the
proposal
and
encouraged
EPA
to
be
as
consistent
as
possible
with
the
OSHA
Asbestos
Standards.
With
regard
to
the
ICR,
Texas
A
&
M
expressed
concern
that
the
annual
training
for
custodians,
and
the
associated
recordkeeping,
was
"
excessive"
and
"
cumbersome"
for
employers
with
large
numbers
of
custodial
employees,
but
did
not
dispute
EPA's
incremental
cost
estimate
of
$
49.79
per
full­
time
equivalent
employee
per
year
for
custodial
training,
including
the
associated
recordkeeping
costs.
As
indicated
in
the
final
rule,
EPA
believes
that
the
annual
educational
requirements
for
custodians
are
minimal,
consisting
of
at
least
two
hours
of
awareness
training
on
topics
such
as
the
health
effects
of
asbestos,
how
to
work
around
asbestos­
containing
materials
safely,
and
where
asbestos­
containing
materials
are
located
in
the
building.
EPA
continues
to
believe
that
the
benefits
of
protecting
custodians
under
this
regulation,
including
the
58
estimated
cancer
cases
avoided
and
consistency
with
OSHA,
outweigh
this
expense/
burden.

In
addition,
the
Agency
has
improved
the
burden
estimates
based
on
information
obtained
from
OSHA,
and
has
revised
the
wage
estimates
taking
into
account
guidance
provided
by
EPA's
Office
of
Environmental
Information
and
OMB.
