Supporting
Statement
for
a
Request
for
OMB
Review
under
The
Paperwork
Reduction
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
TITLE:
Reporting
and
Recordkeeping
for
Asbestos
Abatement
Worker
Protection
EPA
ICR
No.:
1246.09
OMB
Control
No.:
2070­
0072
1(
b)
Short
Characterization
The
Asbestos
Worker
Protection
Rule
(
WPR)
(
40
CFR
763
subpart
G;
see
Attachment
C)
establishes
workplace
standards
for
the
protection
of
state
and
local
government
employees
who
work
with
asbestos
and
who
are
not
covered
by
an
OSHA­
approved
State
Plan.
Currently,
employees
in
27
States
who
perform
construction
work,
including
building
construction,
renovation,
demolition,
and
maintenance
activities,
and
employees
who
perform
brake
and
clutch
repair
work
are
covered
by
the
WPR.
The
WPR
incorporates,
by
reference,
the
OSHA
Construction
Industry
Standard
for
Asbestos
and
the
General
Industry
Standard
for
Asbestos.
As
a
result,
the
WPR
requires
state
and
local
government
employers
to
use
engineering
controls
and
appropriate
work
practices
to
control
the
release
of
asbestos
fibers.
Covered
employers
must
also
monitor
employee
exposure
to
asbestos
and
provide
employees
with
personal
protective
equipment,
training,
and
medical
surveillance
to
reduce
the
risk
of
asbestos
exposure.
Exposure
monitoring
records
must
be
maintained
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.
Employers
must
also
establish
written
respiratory
protection
programs
and
maintain
procedures
and
records
of
respirator
fit
tests
for
1
year.

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
U.
S.
C.
2605,
2607(
a)).
(
See
Attachments
A
and
B.)
2
2(
b)
Use/
Users
of
the
Data
The
purpose
of
the
WPR
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
record
keeping
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.

3.
NON­
DUPLICATION,
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
OSHA­
approved
State
plan.
Currently,
all
3
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
rule
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
also
ensures
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.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
March
12,
2004
(
69
FR
1738,
January
12,
2004).
EPA
received
no
comments
during
the
comment
period.

3(
c)
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
record
keeping,
was
too
burdensome.
However,
the
respondent
did
not
dispute
EPA's
estimate
of
the
costs
associated
with
this
requirement.

The
identical
record
keeping
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.

EPA
consulted
with
OSHA
in
August
2003
to
discuss
whether
any
comments
had
been
received
or
any
additional
activity
had
taken
place
to
determine
changes
in
industry
burden
after
the
regulations
were
promulgated
under
29
CFR
1910.1001
and
1926.1101.
OSHA
officials
stated
that
they
had
not
received
additional
comments
from
industry
after
these
rules
were
promulgated.

In
May
of
2004,
EPA
sent
letters
to
representatives
of
five
randomly
chosen
state
governments
that
do
not
have
OSHA­
approved
State
Plans.
The
individuals
represented
the
states
of
Florida,
Idaho,
Massachusetts,
Illinois
and
Wisconsin.
The
respondents
were
presented
with
the
draft
ICR
supporting
statement,
an
internet
address
to
access
the
WPR
ICR
Federal
4
Register
notice,
and
the
five
following
questions:

1.
Are
the
data
collection
and
record
keeping
requirements
[
for
the
ICR]
clear
and
concise?
2.
Are
you
aware
of
other
sources
the
Agency
could
use
for
the
requested
data?
3.
Would
you
make
electronic
submissions?
4.
Are
the
estimated
burdens
and
costs
accurate?
5.
If
we
spoke
to
you
before
about
this
ICR,
are
your
positions
accurately
reflected?

By
the
end
of
May
2004,
EPA
received
responses
back
from
four
of
the
respondents.
Below
is
a
summary
of
responses
received:

David
Wiggins
Environmental
Supervisor
Environmental
Health
and
Safety
Section
Florida
Department
of
Management
Services
850­
922­
7535
David
Wiggins,
an
Environmental
Supervisor
for
the
Florida
Department
of
Management
Services,
stated
that
the
data
collection
and
recordkeeping
requirements
related
to
the
ICR
are
clear
and
concise.
He
further
stated
that
he
had
no
problems
with
the
requirements
of
the
EPA
WPR
in
general.
However,
he
noted
that
the
state
employees
for
the
Florida
Department
of
Management
Services
are
prohibited
from
doing
any
asbestos
abatement
work.
When
asked
if
he
was
aware
of
any
other
sources
the
Agency
could
use
for
the
requested
data
relating
to
the
ICR,
he
said
no,
and
further
elaborated
that
the
EPA
WPR
is
the
only
regulation
that
protects
state
and
local
government
employees
who
work
with
asbestos.
According
to
the
respondent,
there
are
no
Florida
state
regulations
that
protect
state
and
local
government
employees
in
this
manner.
Mr.
Wiggins
stated
that
he
would
be
interested
in
electronic
submissions.
When
asked
if
the
estimated
burdens
and
costs
for
the
ICR
were
accurate,
the
respondent
stated
that
they
were
accurate
to
the
best
of
his
knowledge.
This
was
the
first
time
that
Mr.
Wiggins
was
asked
about
the
EPA
WPR
ICR,
so
the
fifth
question
regarding
whether
his
positions
were
accurately
reflected
was
not
applicable.
Based
on
Mr.
Wiggins
responses,
no
changes
were
needed
to
the
ICR
supporting
statement.

Gary
Barnes
Safety
Supervisor
Industrial
Safety
Section
Idaho
Division
of
Building
Safety
208­
332­
7146
Gary
Barnes,
a
Safety
Advisor
for
the
Idaho
Division
of
Public
Safety,
stated
that
the
data
collection
related
to
the
ICR
are
not
clear
and
concise.
He
expressed
confusion
over
whether
state
and
local
governments
are
supposed
to
submit
data,
or
just
maintain
it
like
the
private
sector.
Mr.
Barnes
was
not
aware
of
any
other
sources
from
which
the
Agency
could
use
to
obtain
5
information
related
to
the
ICR.
When
asked
whether
he
would
be
interested
in
electronic
submissions,
he
said
no,
stating
that
he
does
not
have
data
relevant
to
the
WPR.
Mr.
Barnes
did
not
know
whether
the
estimated
burdens
and
costs
for
the
ICR
were
accurate.
The
respondent
had
not
been
consulted
with
before
regarding
the
WPR
ICR.
Based
on
Mr.
Barnes
responses,
no
changes
were
made
to
the
ICR
supporting
statement.
EPA
disagrees
that
the
data
collection
related
to
the
ICR
are
not
clear
and
concise.
The
record
keeping
requirements
are
clearly
defined
in
the
OSHA
asbestos
standards
that
are
incorporated
by
reference
in
the
WPR.

Ernie
Kelley
Asbestos
Program
Manager
Massachusetts
Division
of
Occupational
Safety
413­
784­
1141
Mr.
Kelley,
an
Asbestos
Program
Manager
for
the
Massachusetts
Division
of
Occupational
Safety,
stated
that
the
recordkeeping
requirements
related
to
the
ICR
are
clear
and
concise.
However,
Mr.
Kelley
expressed
concern
that
the
regulated
community,
as
well
as
EPA,
are
not
paying
sufficient
attention
to
the
recordkeeping
requirements
for
the
ICR.
The
respondent
was
not
aware
of
any
other
sources
the
Agency
could
use
to
find
the
requested
data
related
to
the
ICR.
When
asked
about
electronic
submissions,
Mr,
Kelley
stated
he
would
be
interested
in
electronic
submission
in
the
future.
The
respondent
did
not
review
the
estimated
burdens
and
costs
and
was
not
able
to
comment
on
whether
or
not
they
were
accurate.
Mr.
Kelley
had
not
been
consulted
by
EPA
previously
regarding
the
WPR
ICR.
Based
on
Mr.
Kelley's
responses,
EPA
made
no
changes
to
the
ICR
supporting
statement.

Kent
Cook,
Manager
Asbestos
Program
Division
of
Environmental
Health
Illinois
Department
of
Public
Health
217­
782­
3517
Mr.
Cook
is
the
Manager
of
the
Asbestos
Program
for
the
Illinois
Department
of
Public
Health.
In
his
response
to
the
five
questions
posed
to
him,
the
respondent
stated
that,
in
Illinois,
state
and
public
employees
are
covered
under
the
state
OSHA
regulations
and
not
under
the
EPA
WPR.
Mr.
Cook
did
not
provide
specific
responses
to
the
questions.
To
the
best
of
EPA's
knowledge,
the
State
of
Illinois
does
not
have
an
OSHA­
approved
State
Plan
and
is
therefore
subject
to
the
EPA
WPR.
EPA
did
not
make
changes
to
the
ICR
supporting
statement
based
on
Mr.
Cook's
responses.

3(
d)
Effects
of
Less
Frequent
Collection
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
6
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(
e)
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(
f)
Confidentiality
The
Agency
has
instituted
procedures
to
avoid
the
inappropriate
release
of
confidential
information
as
specified
by
5
CFR
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.

3(
g)
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)
Respondents/
North
American
Industrial
Classification
System
(
NAICS)
Codes
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.
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
WAR
applies
to
certain
entities.
To
determine
whether
a
State
or
local
government
employer
is
subject
to
the
WAR,
carefully
examine
the
applicability
provisions
in
the
regulation
at
40
CFR
763.121.
7
Categories
NAICS
Codes
Examples
of
Potentially
Affected
Entities
Public
Administration
92
State
or
local
government
employers
not
subject
to
an
OSHA­
approved
State
Asbestos
Plan
or
a
State
Asbestos
Worker
Protection
Plan
that
EPA
has
determined
is
exempt
from
the
requirements
of
the
EPA
WAR,
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
WAR
contains
several
paperwork
related
requirements
for
State
and
local
government
employers
in
the
27
States
covered
by
the
WAR.
The
overall
estimated
potential
economic
impact
of
this
rule
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
rule.
This
ICR
describes
the
information
collection
activities
contained
in
the
rule,
along
with
the
estimated
burden
and
costs
related
to
those
information
collection
requirements.

This
rule
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
WAR,
as
authorized
under
TSCA
sections
6
and
8.
These
activities
are
described
in
more
detail
in
this
section.

4(
b)(
i)
Data
Items
This
rule
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;
°
Specific
make,
model,
style,
and
size
of
respirator
tested;
°
Date
of
test;
and
°
The
test
results.

The
rule
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
that
demonstrate
that
the
product
or
material
containing
the
asbestos
cannot
release
airborne
fibers
in
concentrations
exceeding
the
permissible
exposure
limits
8
(
PELs),
historical
monitoring
data
from
similar
projects
that
indicates
that
the
PELS
will
not
be
exceeded,
or
initial
monitoring
results
that
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
forgo
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
°
Name,
social
security
number,
and
exposure
of
the
employees
whose
exposures
are
represented.

The
rule
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:
9
°
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
physicians'
recommendations;
°
Physicians'
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.

The
rule
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
one
year
beyond
the
last
date
of
the
worker's
employment.

Under,
the
rule,
employers
must
presume
that
asbestos
is
present
in
thermal
system
insulation
(
TAI)
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,
the
rule
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
that
involve
TAI
or
surfacing
material,
an
appropriatelyqualified
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
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.

4(
b)(
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:
10
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
are
not
provided;

­­
Periodically
monitor
employees
whose
exposures
are
expected
to
exceed
a
PEL,
unless
such
employees
are
provided
with
suppliedair
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
.

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;
11
°
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
(
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
rule
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
12
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
record
keeping
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
rule
will
be
subject
to
the
information
collection
and
record
keeping
requirements
described
above.
Depending
upon
the
type
of
project,
some
or
all
of
the
information
collection
and
record
keeping
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
asbestosrelated
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.

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/
custodial
worker
or
brake
and
clutch
repair
mechanic),
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).
13
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
Goats
­
­
­
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
­

­
NOTIFY
EMPLOYEES
­
Construction
­
­
5
minutes
­

­
Brake
and
Clutch
Repair
­
­
5
minutes
­

­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
­
­
5
minutes
­

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
­
­
­
COLLECTION
ACTIVITY
BURDEN
PER
RESPONSE
Clerical
Employees
Supervisory
Industrial
Hygienist
14
­
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
was
incurred
by
all
supervisors
over
the
three
years
of
the
previous
ICR.
EPA
assumes
that
five
percent
of
the
annual
number
of
respondents
from
the
previous
ICR
will
incur
the
burden
each
year
to
account
for
turnover
by
supervisors.
The
number
of
responses
in
Table
2
(
422)
is
five
percent
of
the
previous
figure
(
8,437).
[
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.

Table
2.
Total
Annual
Responses
COLLECTION
ACTIVITY
TOTAL
ANNUALIZED
RESPONSES
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
READ
AND
INTERPRET
REGULATION
0
0
422
[
a]
0
422
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
Goats
0
0
0
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
COLLECTION
ACTIVITY
TOTAL
ANNUALIZED
RESPONSES
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
15
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
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
1,072,326
5,671
1,264,123
[
a]
EPA
assumes
that
five
percent
of
the
annual
number
of
respondents
from
the
previous
ICR
will
incur
the
burden
each
year
to
account
for
turnover
by
supervisors.
The
number
of
responses
in
Table
2
(
422)
is
five
percent
of
the
previous
figure
(
8,437).
[
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.
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
1,266
0
1,266
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
Goats
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
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
199,463
11,668
412,243
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
level1.
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
WAR.
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.

In
the
previous
ICR,
EPA
assumed
that
at
least
one
person
at
the
State
or
local
government
would
need
to
read
and
interpret
the
requirements
of
the
rule.
EPA
expected
that
this
person
would
be
a
construction
supervisor.
The
supervisor
would
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
methods
presumably
will
be
performed
by
a
contracted
specialist.
Given
these
assumptions,
EPA
projected
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
that,
on
average,
the
supervisor
would
need
three
hours
to
read
and
understand
the
regulation.
EPA
expected
that
some
supervisors
would
require
more
time
to
read
and
interpret
the
regulations
while
some
would
require
less
time.
Thus,
EPA
assumed
that
on
average
a
supervisor
in
each
State
or
local
government
would
need
to
spend
three
hours
on
this
activity.
This
requirement,
however,
was
assumed
to
be
incurred
only
in
the
first
year
of
the
rule.
To
provide
an
annualized
estimate
of
the
burden
over
the
three­
year
ICR
period,
EPA
divided
the
total
number
of
respondents
(
25,312
State
and
local
governments)
by
three.
This
provided
an
annualized
estimate
of
8,437
responses.
Thus,
this
activity
was
assumed
to
require
25,312
hours
on
an
annualized
basis
(
8,437
responses
×
3
hours).

Although
the
previous
ICR
assumed
that
this
activity
would
be
undertaken
by
supervisors
only
during
the
first
year
of
the
rule
it
still
needs
to
account
for
turnover
by
supervisors.
EPA
is
assuming
that
there
will
be
a
turnover
of
five
percent
of
all
supervisors
annually
and
that
they
will
need
to
read
and
interpret
the
regulation.
Thus,
for
purposes
of
this
analysis,
five
percent
of
the
annual
respondents
cited
in
the
previous
ICR
(.
05
x
8,437
=
422)
will
spend
three
hours
reading
and
interpreting
the
rule
annually.
This
activity
is
assumed
to
require
1,266
hours
on
an
annualized
basis
(
422
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
requirement2.
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
(
RIA)
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.
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
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.

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
constructionrelated
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
burden3.
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
jurisdictions4.
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
20
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
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
asbestos­
related
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
asbestosrelated
work
prior
to
beginning
the
project.
For
construction
activities,
EPA
assumes
that
this
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.

21
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).

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
asbestos­
related
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
requires
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).
22
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
(
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
WAR
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
23
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
nonsupervisory
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
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
nonsupervisory
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.
24
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.

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
work
sites
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
three­
year
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
25
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
([
5
min/
60min]
×
[
30,047
competent
persons])
annually.

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
412,243
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
1,264,123
(
see
Table
2).
Thus,
the
burden
per
respondent
is
16.29
hours
([
412,243
burden
hours]/[
25,312
respondents])
and
the
average
burden
per
response
is
0.33
hours
([
412,243
burden
hours]/[
1,264,123
responses]).

The
total
burden
for
this
ICR
(
412,243)
is
less
than
the
total
burden
under
the
previous
ICR
(
436,289).
The
reason
for
this
decrease
is
because
of
the
reduction
in
the
number
of
supervisors
that
need
to
read
and
interpret
the
regulation.
In
the
previous
ICR
all
supervisors
undertook
this
activity.
In
the
current
ICR
only
the
new
supervisors
need
to.
The
burden
per
respondent
for
this
ICR
(
16.29
hours)
is
lower
than
under
the
previous
ICR
(
17.24)
for
the
same
reason.

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
$
24.26
per
hour,
°
Construction
employee
(
non­
supervisory)
labor
costs
$
28.18
per
hour,
°
Brake
and
clutch
repair
employee
labor
costs
$
29.54
per
hour,
°
Construction
supervisor
labor
costs
$
35.69
per
hour,
°
Brake
and
clutch
repair
supervisor
labor
costs
$
36.55
per
hour,
and
°
Industrial
hygienist
labor
costs
$
45.87
per
hour.

These
hourly
labor
costs
reflect
both
wage
and
non­
wage
benefits
for
these
categories
of
employees
in
year
2003
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.
26
Table
4.
Total
Annual
Cost
of
Respondent
Burden
Hours
COLLECTION
ACTIVITY
TOTAL
ANNUAL
COSTS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
READ
AND
INTERPRET
REGULATION
$
0
$
0
$
45,184
$
0
$
45,184
RESPIRATOR
PROGRAM
­
DEVELOP
PROGRAM,
Large
Goats
$
29,907
$
29,907
­
FIT
TESTING
­
Full­
Face
Respirators
$
0
$
282
$
357
$
0
$
639
­
Half­
Mask­
Face
Respirators
$
0
$
12,456
$
15,775
$
0
$
28,231
­
MAINTAIN
RECORDS
FOR
FIT
TESTS
$
5,434
$
0
$
0
$
0
$
5,434
EXPOSURE
MONITORING
­
INITIAL
EXPOSURE
ASSESSMENT
­
Construction
$
0
$
0
$
0
$
388,978
$
388,978
­
Brake
and
Clutch
Repair
$
0
$
0
$
0
$
116,326
$
116,326
­
MAINTAIN
RECORDS
$
26,298
$
0
$
0
$
0
$
26,298
­
POST
MONITORING
RESULTS,
BRAKE/
CLUTCH
$
6,065
$
0
$
0
$
0
$
6,065
HAZARD
COMMUNICATION
­
EVALUATE
RISKINESS
$
0
$
0
$
120,632
$
0
$
120,632
­
NOTIFY
EMPLOYEES
­
Construction
$
0
$
0
$
1,509,401
$
0
$
1,509,401
­
Brake
and
Clutch
Repair
$
0
$
0
$
36,513
$
0
$
36,513
­
NOTIFY
OTHER
EMPLOYEES/
TENANTS
$
0
$
0
$
1,509,401
$
0
$
1,509,401
TRAINING
­
PROVIDE
TRAINING
­
Class
II
$
0
$
1,929,766
$
0
$
0
$
1,929,766
­
Class
III
$
0
$
450,880
$
0
$
0
$
450,880
­
Class
IV
$
0
$
2,925,366
$
0
$
0
$
2,925,366
­
MAINTAIN
RECORDS
$
111,281
$
0
$
0
$
0
$
111,281
MEDICAL
SURVEILLANCE
­
MEDICAL
EXAMS
$
0
$
40,523
$
33,906
$
0
$
74,429
­
INITIAL
QUESTIONNAIRE
$
0
$
9,863
$
8,244
$
0
$
18,107
­
PERIODIC
QUESTIONNAIRE
$
0
$
5,721
$
4,782
$
0
$
10,503
­
INFORMATION
TO
PHYSICIANS
$
6,429
$
0
$
0
$
0
$
6,429
­
PHYSICIAN'S
WRITTEN
OPINION
$
6,429
$
0
$
0
$
0
$
6,429
­
MAINTAIN
RECORDS
$
6,429
$
0
$
0
$
0
$
6,429
COLLECTION
ACTIVITY
TOTAL
ANNUAL
COSTS
Clerical
Employees
Supervisory
Industrial
Hygienist
TOTAL
6
This
estimate
is
based
on
25,312
affected
State
and
local
governments
that
comprise
the
set
of
respondents.

27
ACCESS
TO
RECORDS
­
EMPLOYEE
ACCESS
$
12,300
$
0
$
0
$
0
$
12,300
­
EPA
ACCESS
­
Construction
$
10,311
$
0
$
15,168
$
0
$
25,479
­
Brake
and
Clutch
Repair
$
73
$
0
$
110
$
0
$
183
COMPETENT
PERSON
­
TRAINING
­
Class
I
and
II
$
0
$
0
$
469,002
$
0
$
469,002
­
Class
III
and
IV
$
0
$
0
$
3,351,220
$
0
$
3,351,220
­
MAINTAIN
RECORDS
$
60,747
$
0
$
0
$
0
$
60,747
TOTALS
$
251,796
$
5,374,857
$
7,119,695
$
535,211
$
13,281,559
Note:
Some
rounding
error
exists
in
these
estimates.

Based
on
the
above
hourly
labor
cost
data,
EPA
calculated
the
total
respondent
cost
to
be
about
$
13.3
million
annually.
This
translates
into
a
per
respondent
cost
of
$
524.716.
The
total
respondent
and
per
respondent
costs
of
the
burden
has
decreased
because
of
the
reduction
in
the
number
of
supervisors
that
need
to
read
and
interpret
the
regulation.
In
the
previous
ICR
all
supervisors
undertook
this
activity.
In
the
current
ICR
only
the
new
supervisors
need
to.
The
total
respondent
and
per
respondent
costs
of
the
previous
ICR
were
$
13.9
million
and
$
547.72,
respectively.

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
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
7
Salary
figure
taken
from:
U.
S.
Office
of
Personnel
Management
(
OPM),
2003.
2003
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.

28
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
$
35,519
was
used
to
calculate
costs
for
inspections7.
The
annual
salary
was
then
inflated
by
a
factor
of
1.6
to
account
for
overhead
and
benefits8.
Thus,
the
fully
loaded
annual
labor
cost
for
Federal
employees
who
will
conduct
the
inspections
under
this
ICR
is
$
56,830.
Based
on
a
2,080
hour
work
year,
the
fully
loaded
hourly
labor
cost
is
$
27.32
for
a
GS­
9
employee.

Table
5.
Annual
Agency
Burden
and
Cost
Estimate
Activity
Burden
Hours
Cost
Inspections
(
GS­
9­
Step
1)
1,356
$
37,045
Total
1,356
$
37,045
29
6(
d)
Bottom
Line
Burden
Hour
and
Costs/
Master
Tables
The
total
respondent
burden
hours
and
costs
for
this
information
collection
are
as
follows.

Burden
Hours
Cost
Respondents
412,243
$
13,281,559
6(
e)
Reasons
for
Change
in
Burden
This
request
reflects
a
decrease
of
24,046
hours
(
from
436,289
hours
to
412,243
hours)
in
the
total
estimated
respondent
burden
from
that
currently
in
the
OMB
inventory.
This
decrease
is
due
to
a
reduction
in
the
number
of
supervisors
that
need
to
read
and
interpret
the
regulation.
In
the
previous
ICR
EPA
anticipated
that
all
supervisors
undertook
this
activity.
In
the
current
ICR
EPA
expects
that
only
new
supervisors
must
do
so.
The
burden
per
respondent
for
this
ICR
(
16.29
hours)
is
lower
than
under
the
previous
ICR
(
17.24)
for
the
same
reason.

6(
f)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0072,
is
estimated
to
average
0.33
hours
per
response.
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.

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
No.
OPPT­
2003­
0073,
which
is
available
for
public
viewing
at
the
Pollution
Prevention
and
Toxics
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
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
1544
and
the
telephone
number
for
the
Pollution
Prevention
and
Toxics
Docket
is
(
202)
566­
0280.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
30
EDOCKET
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.
Once
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,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPPT­
2003­
0073
and
OMB
control
number
2070­
0072
in
any
correspondence.

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.
Attachment
A
Toxic
Substances
Control
Act
Section
6
15
U.
S.
C.
2605
TITLE
15­­
COMMERCE
AND
TRADE
CHAPTER
53­­
TOXIC
SUBSTANCES
CONTROL
SUBCHAPTER
I­­
CONTROL
OF
TOXIC
SUBSTANCES
Sec.
2605.
Regulation
of
hazardous
chemical
substances
and
mixtures
(
a)
Scope
of
regulation
If
the
Administrator
finds
that
there
is
a
reasonable
basis
to
conclude
that
the
manufacture,
processing,
distribution
in
commerce,
use,
or
disposal
of
a
chemical
substance
or
mixture,
or
that
any
combination
of
such
activities,
presents
or
will
present
an
unreasonable
risk
of
injury
to
health
or
the
environment,
the
Administrator
shall
by
rule
apply
one
or
more
of
the
following
requirements
to
such
substance
or
mixture
to
the
extent
necessary
to
protect
adequately
against
such
risk
using
the
least
burdensome
requirements:
(
1)
A
requirement
(
A)
prohibiting
the
manufacturing,
processing,
or
distribution
in
commerce
of
such
substance
or
mixture,
or
(
B)
limiting
the
amount
of
such
substance
or
mixture
which
may
be
manufactured,
processed,
or
distributed
in
commerce.
(
2)
A
requirement­­
(
A)
prohibiting
the
manufacture,
processing,
or
distribution
in
commerce
of
such
substance
or
mixture
for
(
i)
a
particular
use
or
(
ii)
a
particular
use
in
a
concentration
in
excess
of
a
level
specified
by
the
Administrator
in
the
rule
imposing
the
requirement,
or
(
B)
limiting
the
amount
of
such
substance
or
mixture
which
may
be
manufactured,
processed,
or
distributed
in
commerce
for
(
i)
a
particular
use
or
(
ii)
a
particular
use
in
a
concentration
in
excess
of
a
level
specified
by
the
Administrator
in
the
rule
imposing
the
requirement.

(
3)
A
requirement
that
such
substance
or
mixture
or
any
article
containing
such
substance
or
mixture
be
marked
with
or
accompanied
by
clear
and
adequate
warnings
and
instructions
with
respect
to
its
use,
distribution
in
commerce,
or
disposal
or
with
respect
to
any
combination
of
such
activities.
The
form
and
content
of
such
warnings
and
instructions
shall
be
prescribed
by
the
Administrator.
(
4)
A
requirement
that
manufacturers
and
processors
of
such
substance
or
mixture
make
and
retain
records
of
the
processes
used
to
manufacture
or
process
such
substance
or
mixture
and
monitor
or
conduct
tests
which
are
reasonable
and
necessary
to
assure
compliance
with
the
requirements
of
any
rule
applicable
under
this
subsection.
(
5)
A
requirement
prohibiting
or
otherwise
regulating
any
manner
or
method
of
commercial
use
of
such
substance
or
mixture.
(
6)(
A)
A
requirement
prohibiting
or
otherwise
regulating
any
manner
or
method
of
disposal
of
such
substance
or
mixture,
or
of
any
article
containing
such
substance
or
mixture,
by
its
manufacturer
or
processor
or
by
any
other
person
who
uses,
or
disposes
of,
it
for
commercial
purposes.
(
B)
A
requirement
under
subparagraph
(
A)
may
not
require
any
person
to
take
any
action
which
would
be
in
violation
of
any
law
or
requirement
of,
or
in
effect
for,
a
State
or
political
subdivision,
and
shall
require
each
person
subject
to
it
to
notify
each
State
and
political
subdivision
in
which
a
required
disposal
may
occur
of
such
disposal.
(
7)
A
requirement
directing
manufacturers
or
processors
of
such
substance
or
mixture
(
A)
to
give
notice
of
such
unreasonable
risk
of
injury
to
distributors
in
commerce
of
such
substance
or
mixture
and,
to
the
extent
reasonably
ascertainable,
to
other
persons
in
possession
of
such
substance
or
mixture
or
exposed
to
such
substance
or
mixture,
(
B)
to
give
public
notice
of
such
risk
of
injury,
and
(
C)
to
replace
or
repurchase
such
substance
or
mixture
as
elected
by
the
person
to
which
the
requirement
is
directed.

Any
requirement
(
or
combination
of
requirements)
imposed
under
this
subsection
may
be
limited
in
application
to
specified
geographic
areas.

(
b)
Quality
control
If
the
Administrator
has
a
reasonable
basis
to
conclude
that
a
particular
manufacturer
or
processor
is
manufacturing
or
processing
a
chemical
substance
or
mixture
in
a
manner
which
unintentionally
causes
the
chemical
substance
or
mixture
to
present
or
which
will
cause
it
to
present
an
unreasonable
risk
of
injury
to
health
or
the
environment­­
(
1)
the
Administrator
may
by
order
require
such
manufacturer
or
processor
to
submit
a
description
of
the
relevant
quality
control
procedures
followed
in
the
manufacturing
or
processing
of
such
chemical
substance
or
mixture;
and
(
2)
if
the
Administrator
determines­­
(
A)
that
such
quality
control
procedures
are
inadequate
to
prevent
the
chemical
substance
or
mixture
from
presenting
such
risk
of
injury,
the
Administrator
may
order
the
manufacturer
or
processor
to
revise
such
quality
control
procedures
to
the
extent
necessary
to
remedy
such
inadequacy;
or
(
B)
that
the
use
of
such
quality
control
procedures
has
resulted
in
the
distribution
in
commerce
of
chemical
substances
or
mixtures
which
present
an
unreasonable
risk
of
injury
to
health
or
the
environment,
the
Administrator
may
order
the
manufacturer
or
processor
to
(
i)
give
notice
of
such
risk
to
processors
or
distributors
in
commerce
of
any
such
substance
or
mixture,
or
to
both,
and,
to
the
extent
reasonably
ascertainable,
to
any
other
person
in
possession
of
or
exposed
to
any
such
substance,
(
ii)
to
give
public
notice
of
such
risk,
and
(
iii)
to
provide
such
replacement
or
repurchase
of
any
such
substance
or
mixture
as
is
necessary
to
adequately
protect
health
or
the
environment.

A
determination
under
subparagraph
(
A)
or
(
B)
of
paragraph
(
2)
shall
be
made
on
the
record
after
opportunity
for
hearing
in
accordance
with
section
554
of
title
5.
Any
manufacturer
or
processor
subject
to
a
requirement
to
replace
or
repurchase
a
chemical
substance
or
mixture
may
elect
either
to
replace
or
repurchase
the
substance
or
mixture
and
shall
take
either
such
action
in
the
manner
prescribed
by
the
Administrator.

(
c)
Promulgation
of
subsection
(
a)
rules
(
1)
In
promulgating
any
rule
under
subsection
(
a)
of
this
section
with
respect
to
a
chemical
substance
or
mixture,
the
Administrator
shall
consider
and
publish
a
statement
with
respect
to­­
(
A)
the
effects
of
such
substance
or
mixture
on
health
and
the
magnitude
of
the
exposure
of
human
beings
to
such
substance
or
mixture,
(
B)
the
effects
of
such
substance
or
mixture
on
the
environment
and
the
magnitude
of
the
exposure
of
the
environment
to
such
substance
or
mixture,
(
C)
the
benefits
of
such
substance
or
mixture
for
various
uses
and
the
availability
of
substitutes
for
such
uses,
and
(
D)
the
reasonably
ascertainable
economic
consequences
of
the
rule,
after
consideration
of
the
effect
on
the
national
economy,
small
business,
technological
innovation,
the
environment,
and
public
health.

If
the
Administrator
determines
that
a
risk
of
injury
to
health
or
the
environment
could
be
eliminated
or
reduced
to
a
sufficient
extent
by
actions
taken
under
another
Federal
law
(
or
laws)
administered
in
whole
or
in
part
by
the
Administrator,
the
Administrator
may
not
promulgate
a
rule
under
subsection
(
a)
of
this
section
to
protect
against
such
risk
of
injury
unless
the
Administrator
finds,
in
the
Administrator's
discretion,
that
it
is
in
the
public
interest
to
protect
against
such
risk
under
this
chapter.
In
making
such
a
finding
the
Administrator
shall
consider
(
i)
all
relevant
aspects
of
the
risk,
as
determined
by
the
Administrator
in
the
Administrator's
discretion,
(
ii)
a
comparison
of
the
estimated
costs
of
complying
with
actions
taken
under
this
chapter
and
under
such
law
(
or
laws),
and
(
iii)
the
relative
efficiency
of
actions
under
this
chapter
and
under
such
law
(
or
laws)
to
protect
against
such
risk
of
injury.
(
2)
When
prescribing
a
rule
under
subsection
(
a)
the
Administrator
shall
proceed
in
accordance
with
section
553
of
title
5
(
without
regard
to
any
reference
in
such
section
to
sections
556
and
557
of
such
title),
and
shall
also
(
A)
publish
a
notice
of
proposed
rulemaking
stating
with
particularity
the
reason
for
the
proposed
rule;
(
B)
allow
interested
persons
to
submit
written
data,
views,
and
arguments,
and
make
all
such
submissions
publicly
available;
(
C)
provide
an
opportunity
for
an
informal
hearing
in
accordance
with
paragraph
(
3);
(
D)
promulgate,
if
appropriate,
a
final
rule
based
on
the
matter
in
the
rulemaking
record
(
as
defined
in
section
2618(
a)
of
this
title),
and
(
E)
make
and
publish
with
the
rule
the
finding
described
in
subsection
(
a)
of
this
section.
(
3)
Informal
hearings
required
by
paragraph
(
2)(
C)
shall
be
conducted
by
the
Administrator
in
accordance
with
the
following
requirements:
(
A)
Subject
to
subparagraph
(
B),
an
interested
person
is
entitled­­
(
i)
to
present
such
person's
position
orally
or
by
documentary
submissions
(
or
both),
and
(
ii)
if
the
Administrator
determines
that
there
are
disputed
issues
of
material
fact
it
is
necessary
to
resolve,
to
present
such
rebuttal
submissions
and
to
conduct
(
or
have
conducted
under
subparagraph
(
B)(
ii))
such
cross­
examination
of
persons
as
the
the
Administrator
determines
(
I)
to
be
appropriate,
and
(
II)
to
be
required
for
a
full
and
true
disclosure
with
respect
to
such
issues.

(
B)
The
Administrator
may
prescribe
such
rules
and
make
such
rulings
concerning
procedures
in
such
hearings
to
avoid
unnecessary
costs
or
delay.
Such
rules
or
rulings
may
include
(
i)
the
imposition
of
reasonable
time
limits
on
each
interested
person's
oral
presentations,
and
(
ii)
requirements
that
any
cross­
examination
to
which
a
person
may
be
entitled
under
subparagraph
(
A)
be
conducted
by
the
Administrator
on
behalf
of
that
person
in
such
manner
as
the
Administrator
determines
(
I)
to
be
appropriate,
and
(
II)
to
be
required
for
a
full
and
true
disclosure
with
respect
to
disputed
issues
of
material
fact.

(
C)(
i)
Except
as
provided
in
clause
(
ii),
if
a
group
of
persons
each
of
whom
under
subparagraphs
(
A)
and
(
B)
would
be
entitled
to
conduct
(
or
have
conducted)
cross­
examination
and
who
are
determined
by
the
Administrator
to
have
the
same
or
similar
interests
in
the
proceeding
cannot
agree
upon
a
single
representative
of
such
interests
for
purposes
of
cross­
examination,
the
Administrator
may
make
rules
and
rulings
(
I)
limiting
the
representation
of
such
interest
for
such
purposes,
and
(
II)
governing
the
manner
in
which
such
cross­
examination
shall
be
limited.
(
ii)
When
any
person
who
is
a
member
of
a
group
with
respect
to
which
the
Administrator
has
made
a
determination
under
clause
(
i)
is
unable
to
agree
upon
group
representation
with
the
other
members
of
the
group,
then
such
person
shall
not
be
denied
under
the
authority
of
clause
(
i)
the
opportunity
to
conduct
(
or
have
conducted)
cross­
examination
as
to
issues
affecting
the
person's
particular
interests
if
(
I)
the
person
satisfies
the
Administrator
that
the
person
has
made
a
reasonable
and
good
faith
effort
to
reach
agreement
upon
group
representation
with
the
other
members
of
the
group
and
(
II)
the
Administrator
determines
that
there
are
substantial
and
relevant
issues
which
are
not
adequately
presented
by
the
group
representative.
(
D)
A
verbatim
transcript
shall
be
taken
of
any
oral
presentation
made,
and
cross­
examination
conducted
in
any
informal
hearing
under
this
subsection.
Such
transcript
shall
be
available
to
the
public.

(
4)(
A)
The
Administrator
may,
pursuant
to
rules
prescribed
by
the
Administrator,
provide
compensation
for
reasonable
attorneys'
fees,
expert
witness
fees,
and
other
costs
of
participating
in
a
rulemaking
proceeding
for
the
promulgation
of
a
rule
under
subsection
(
a)
of
this
section
to
any
person­­
(
i)
who
represents
an
interest
which
would
substantially
contribute
to
a
fair
determination
of
the
issues
to
be
resolved
in
the
proceeding,
and
(
ii)
if­­
(
I)
the
economic
interest
of
such
person
is
small
in
comparison
to
the
costs
of
effective
participation
in
the
proceeding
by
such
person,
or
(
II)
such
person
demonstrates
to
the
satisfaction
of
the
Administrator
that
such
person
does
not
have
sufficient
resources
adequately
to
participate
in
the
proceeding
without
compensation
under
this
subparagraph.

In
determining
for
purposes
of
clause
(
i)
if
an
interest
will
substantially
contribute
to
a
fair
determination
of
the
issues
to
be
resolved
in
a
proceeding,
the
Administrator
shall
take
into
account
the
number
and
complexity
of
such
issues
and
the
extent
to
which
representation
of
such
interest
will
contribute
to
widespread
public
participation
in
the
proceeding
and
representation
of
a
fair
balance
of
interests
for
the
resolution
of
such
issues.
(
B)
In
determining
whether
compensation
should
be
provided
to
a
person
under
subparagraph
(
A)
and
the
amount
of
such
compensation,
the
Administrator
shall
take
into
account
the
financial
burden
which
will
be
incurred
by
such
person
in
participating
in
the
rulemaking
proceeding.
The
Administrator
shall
take
such
action
as
may
be
necessary
to
ensure
that
the
aggregate
amount
of
compensation
paid
under
this
paragraph
in
any
fiscal
year
to
all
persons
who,
in
rulemaking
proceedings
in
which
they
receive
compensation,
are
persons
who
either­­
(
i)
would
be
regulated
by
the
proposed
rule,
or
(
ii)
represent
persons
who
would
be
so
regulated,
may
not
exceed
25
per
centum
of
the
aggregate
amount
paid
as
compensation
under
this
paragraph
to
all
persons
in
such
fiscal
year.
(
5)
Paragraph
(
1),
(
2),
(
3),
and
(
4)
of
this
subsection
apply
to
the
promulgation
of
a
rule
repealing,
or
making
a
substantive
amendment
to,
a
rule
promulgated
under
subsection
(
a)
of
this
section.

(
d)
Effective
date
(
1)
The
Administrator
shall
specify
in
any
rule
under
subsection
(
a)
of
this
section
the
date
on
which
it
shall
take
effect,
which
date
shall
be
as
soon
as
feasible.
(
2)(
A)
The
Administrator
may
declare
a
proposed
rule
under
subsection
(
a)
of
this
section
to
be
effective
upon
its
publication
in
the
Federal
Register
and
until
the
effective
date
of
final
action
taken,
in
accordance
with
subparagraph
(
B),
respecting
such
rule
if­­
(
i)
the
Administrator
determines
that­­
(
I)
the
manufacture,
processing,
distribution
in
commerce,
use,
or
disposal
of
the
chemical
substance
or
mixture
subject
to
such
proposed
rule
or
any
combination
of
such
activities
is
likely
to
result
in
an
unreasonable
risk
of
serious
or
widespread
injury
to
health
or
the
environment
before
such
effective
date;
and
(
II)
making
such
proposed
rule
so
effective
is
necessary
to
protect
the
public
interest;
and
(
ii)
in
the
case
of
a
proposed
rule
to
prohibit
the
manufacture,
processing,
or
distribution
of
a
chemical
substance
or
mixture
because
of
the
risk
determined
under
clause
(
i)(
I),
a
court
has
in
an
action
under
section
2606
of
this
title
granted
relief
with
respect
to
such
risk
associated
with
such
substance
or
mixture.

Such
a
proposed
rule
which
is
made
so
effective
shall
not,
for
purposes
of
judicial
review,
be
considered
final
agency
action.
(
B)
If
the
Administrator
makes
a
proposed
rule
effective
upon
its
publication
in
the
Federal
Register,
the
Administrator
shall,
as
expeditiously
as
possible,
give
interested
persons
prompt
notice
of
such
action,
provide
reasonable
opportunity,
in
accordance
with
paragraphs
(
2)
and
(
3)
of
subsection
(
c)
of
this
section,
for
a
hearing
on
such
rule,
and
either
promulgate
such
rule
(
as
proposed
or
with
modifications)
or
revoke
it;
and
if
such
a
hearing
is
requested,
the
Administrator
shall
commence
the
hearing
within
five
days
from
the
date
such
request
is
made
unless
the
Administrator
and
the
person
making
the
request
agree
upon
a
later
date
for
the
hearing
to
begin,
and
after
the
hearing
is
concluded
the
Administrator
shall,
within
ten
days
of
the
conclusion
of
the
hearing,
either
promulgate
such
rule
(
as
proposed
or
with
modifications)
or
revoke
it.

(
e)
Polychlorinated
biphenyls
(
1)
Within
six
months
after
January
1,
1977,
the
Administrator
shall
promulgate
rules
to­­
(
A)
prescribe
methods
for
the
disposal
of
polychlorinated
biphenyls,
and
(
B)
require
polychlorinated
biphenyls
to
be
marked
with
clear
and
adequate
warnings,
and
instructions
with
respect
to
their
processing,
distribution
in
commerce,
use,
or
disposal
or
with
respect
to
any
combination
of
such
activities.

Requirements
prescribed
by
rules
under
this
paragraph
shall
be
consistent
with
the
requirements
of
paragraphs
(
2)
and
(
3).
(
2)(
A)
Except
as
provided
under
subparagraph
(
B),
effective
one
year
after
January
1,
1977,
no
person
may
manufacture,
process,
or
distribute
in
commerce
or
use
any
polychlorinated
biphenyl
in
any
manner
other
than
in
a
totally
enclosed
manner.
(
B)
The
Administrator
may
by
rule
authorize
the
manufacture,
processing,
distribution
in
commerce
or
use
(
or
any
combination
of
such
activities)
of
any
polychlorinated
biphenyl
in
a
manner
other
than
in
a
totally
enclosed
manner
if
the
Administrator
finds
that
such
manufacture,
processing,
distribution
in
commerce,
or
use
(
or
combination
of
such
activities)
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
(
C)
For
the
purposes
of
this
paragraph,
the
term
  
totally
enclosed
manner'`
means
any
manner
which
will
ensure
that
any
exposure
of
human
beings
or
the
environment
to
a
polychlorinated
biphenyl
will
be
insignificant
as
determined
by
the
Administrator
by
rule.
(
3)(
A)
Except
as
provided
in
subparagraphs
(
B)
and
(
C)­­
(
i)
no
person
may
manufacture
any
polychlorinated
biphenyl
after
two
years
after
January
1,1977,
and
(
ii)
no
person
may
process
or
distribute
in
commerce
any
polychlorinated
biphenyl
after
two
and
one­
half
years
after
such
date.

(
B)
Any
person
may
petition
the
Administrator
for
an
exemption
from
the
requirements
of
subparagraph
(
A),
and
the
Administrator
may
grant
by
rule
such
an
exemption
if
the
Administrator
finds
that­­
(
i)
an
unreasonable
risk
of
injury
to
health
or
environment
would
not
result,
and
(
ii)
good
faith
efforts
have
been
made
to
develop
a
chemical
substance
which
does
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment
and
which
may
be
substituted
for
such
polychlorinated
biphenyl.

An
exemption
granted
under
this
subparagraph
shall
be
subject
to
such
terms
and
conditions
as
the
Administrator
may
prescribe
and
shall
be
in
effect
for
such
period
(
but
not
more
than
one
year
from
the
date
it
is
granted)
as
the
Administrator
may
prescribe.
(
C)
Subparagraph
(
A)
shall
not
apply
to
the
distribution
in
commerce
of
any
polychlorinated
biphenyl
if
such
polychlorinated
biphenyl
was
sold
for
purposes
other
than
resale
before
two
and
one
half
years
after
October
11,
1976.
(
4)
Any
rule
under
paragraph
(
1),
(
2)(
B),
or
(
3)(
B)
shall
be
promulgated
in
accordance
with
paragraphs
(
2),
(
3),
and
(
4)
of
subsection
(
c)
of
this
section.
(
5)
This
subsection
does
not
limit
the
authority
of
the
Administrator,
under
any
other
provision
of
this
chapter
or
any
other
Federal
law,
to
take
action
respecting
any
polychlorinated
biphenyl.

(
Pub.
L.
94­
469,
title
I,
Sec.
6,
Oct.
11,
1976,
90
Stat.
2020;
renumbered
title
I,
Pub.
L.
99­
519,
Sec.
3(
c)(
1),
Oct.
22,
1986,
100
Stat.
2989.)

Section
Referred
to
in
Other
Sections
This
section
is
referred
to
in
sections
2603,
2604,
2606
to
2608,
2611,
2612,
2614,
2616
to
2620,
2623,
2630
of
this
title;
title
10
section
2708;
title
42
section
6925.
Attachment
B
Toxic
Substances
Control
Act
Section
8(
a)

15
U.
S.
C.
2607(
a)
TITLE
15­­
COMMERCE
AND
TRADE
CHAPTER
53­­
TOXIC
SUBSTANCES
CONTROL
SUBCHAPTER
I­­
CONTROL
OF
TOXIC
SUBSTANCES
Sec.
2607.
Reporting
and
retention
of
information
(
a)
Reports
(
1)
The
Administrator
shall
promulgate
rules
under
which­­
(
A)
each
person
(
other
than
a
small
manufacturer
or
processor)
who
manufactures
or
processes
or
proposes
to
manufacture
or
process
a
chemical
substance
(
other
than
a
chemical
substance
described
in
subparagraph
(
B)(
ii))
shall
maintain
such
records,
and
shall
submit
to
the
Administrator
such
reports,
as
the
Administrator
may
reasonably
require,
and
(
B)
each
person
(
other
than
a
small
manufacturer
or
processor)
who
manufactures
or
processes
or
proposes
to
manufacture
or
process­­
(
i)
a
mixture,
or
(
ii)
a
chemical
substance
in
small
quantities
(
as
defined
by
the
Administrator
by
rule)
solely
for
purposes
of
scientific
experimentation
or
analysis
or
chemical
research
on,
or
analysis
of,
such
substance
or
another
substance,
including
any
such
research
or
analysis
for
the
development
of
a
product,

shall
maintain
records
and
submit
to
the
Administrator
reports
but
only
to
the
extent
the
Administrator
determines
the
maintenance
of
records
or
submission
of
reports,
or
both,
is
necessary
for
the
effective
enforcement
of
this
chapter.

The
Administrator
may
not
require
in
a
rule
promulgated
under
this
paragraph
the
maintenance
of
records
or
the
submission
of
reports
with
respect
to
changes
in
the
proportions
of
the
components
of
a
mixture
unless
the
Administrator
finds
that
the
maintenance
of
such
records
or
the
submission
of
such
reports,
or
both,
is
necessary
for
the
effective
enforcement
of
this
chapter.
For
purposes
of
the
compilation
of
the
list
of
chemical
substances
required
under
subsection
(
b)
of
this
section,
the
Administrator
shall
promulgate
rules
pursuant
to
this
subsection
not
later
than
180
days
after
January
1,
1977.
(
2)
The
Administrator
may
require
under
paragraph
(
1)
maintenance
of
records
and
reporting
with
respect
to
the
following
insofar
as
known
to
the
person
making
the
report
or
insofar
as
reasonably
ascertainable:
(
A)
The
common
or
trade
name,
the
chemical
identity,
and
the
molecular
structure
of
each
chemical
substance
or
mixture
for
which
such
a
report
is
required.
(
B)
The
categories
or
proposed
categories
of
use
of
each
such
substance
or
mixture.
(
C)
The
total
amount
of
each
such
substance
and
mixture
manufactured
or
processed,
reasonable
estimates
of
the
total
amount
to
be
manufactured
or
processed,
the
amount
manufactured
or
processed
for
each
of
its
categories
of
use,
and
reasonable
estimates
of
the
amount
to
be
manufactured
or
processed
for
each
of
its
categories
of
use
or
proposed
categories
of
use.
(
D)
A
description
of
the
byproducts
resulting
from
the
manufacture,
processing,
use,
or
disposal
of
each
such
substance
or
mixture.
(
E)
All
existing
data
concerning
the
environmental
and
health
effects
of
such
substance
or
mixture.
(
F)
The
number
of
individuals
exposed,
and
reasonable
estimates
of
the
number
who
will
be
exposed,
to
such
substance
or
mixture
in
their
places
of
employment
and
the
duration
of
such
exposure.
(
G)
In
the
initial
report
under
paragraph
(
1)
on
such
substance
or
mixture,
the
manner
or
method
of
its
disposal,
and
in
any
subsequent
report
on
such
substance
or
mixture,
any
change
in
such
manner
or
method.

To
the
extent
feasible,
the
Administrator
shall
not
require
under
paragraph
(
1),
any
reporting
which
is
unnecessary
or
duplicative.
(
3)(
A)(
i)
The
Administrator
may
by
rule
require
a
small
manufacturer
or
processor
of
a
chemical
substance
to
submit
to
the
Administrator
such
information
respecting
the
chemical
substance
as
the
Administrator
may
require
for
publication
of
the
first
list
of
chemical
substances
required
by
subsection
(
b)
of
this
section.
(
ii)
The
Administrator
may
by
rule
require
a
small
manufacturer
or
processor
of
a
chemical
substance
or
mixture­­
(
I)
subject
to
a
rule
proposed
or
promulgated
under
section
2603,
2604(
b)(
4),
or
2605
of
this
title,
or
an
order
in
effect
under
section
2604(
e)
of
this
title,
or
(
II)
with
respect
to
which
relief
has
been
granted
pursuant
to
a
civil
action
brought
under
section
2604
or
2606
of
this
title,

to
maintain
such
records
on
such
substance
or
mixture,
and
to
submit
to
the
Administrator
such
reports
on
such
substance
or
mixture,
as
the
Administrator
may
reasonably
require.
A
rule
under
this
clause
requiring
reporting
may
require
reporting
with
respect
to
the
matters
referred
to
in
paragraph
(
2).
(
B)
The
Administrator,
after
consultation
with
the
Administrator
of
the
Small
Business
Administration,
shall
by
rule
prescribe
standards
for
determining
the
manufacturers
and
processors
which
qualify
as
small
manufacturers
and
processors
for
purposes
of
this
paragraph
and
paragraph
(
1).
Attachment
C
40
CFR
763
Subpart
G
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
(
CONTINUED)

PART
763­­
ASBESTOS
Subpart
G­­
Asbestos
Worker
Protection
763.120
What
is
the
purpose
of
this
subpart?

This
subpart
protects
certain
State
and
local
government
employees
who
are
not
protected
by
the
Asbestos
Standards
of
the
Occupational
Safety
and
Health
Administration
(
OSHA).
This
subpart
applies
the
OSHA
Asbestos
Standards
in
29
CFR
1910.1001
and
29
CFR
1926.1101
to
these
employees.

763.121
Does
this
subpart
apply
to
me?

If
you
are
a
State
or
local
government
employer
and
you
are
not
subject
to
a
State
asbestos
standard
that
OSHA
has
approved
under
section
18
of
the
Occupational
Safety
and
Health
Act
or
a
State
asbestos
plan
that
EPA
has
exempted
from
the
requirements
of
this
subpart
under
section
763.123,
you
must
follow
the
requirements
of
this
subpart
to
protect
your
employees
from
occupational
exposure
to
asbestos.

763.122
What
does
this
subpart
require
me
to
do?

If
you
are
a
State
or
local
government
employer
whose
employees
perform:

(
a)
Construction
activities
identified
in
29
CFR
1926.1101(
a),
you
must:

(
1)
Comply
with
the
OSHA
standards
in
29
CFR
1926.1101.

(
2)
Submit
notifications
required
for
alternative
control
methods
to
the
Director,
National
Program
Chemicals
Division
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

(
b)
Custodial
activities
not
associated
with
the
construction
activities
identified
in
29
CFR
1926.1101(
a),
you
must
comply
with
the
OSHA
standards
in
29
CFR
1910.1001.

(
c)
Repair,
cleaning,
or
replacement
of
asbestos­
containing
clutch
plates
and
brake
pads,
shoes,
and
linings,
or
removal
of
asbestos­
containing
residue
from
brake
drums
or
clutch
housings,
you
must
comply
with
the
OSHA
standards
in
29
CFR
1910.1001.

763.123
May
a
State
implement
its
own
asbestos
worker
protection
plan?
This
section
describes
the
process
under
which
a
State
may
be
exempted
from
the
requirements
of
this
subpart.

(
a)
States
seeking
an
exemption.
If
your
State
wishes
to
implement
its
own
asbestos
worker
protection
plan,
rather
than
complying
with
the
requirements
of
this
subpart,
your
State
must
apply
for
and
receive
an
exemption
from
EPA.

(
1)
What
must
my
State
do
to
apply
for
an
exemption?
To
apply
for
an
exemption
from
the
requirements
of
this
subpart,
your
State
must
send
to
the
Director
of
EPA's
Office
of
Pollution
Prevention
and
Toxics
(
OPPT)
a
copy
of
its
asbestos
worker
protection
regulations
and
a
detailed
explanation
of
how
your
State's
asbestos
worker
protection
plan
meets
the
requirements
of
TSCA
section
18
(
15
U.
S.
C.
2617).

(
2)
What
action
will
EPA
take
on
my
State's
application
for
an
exemption?
EPA
will
review
your
State's
application
and
make
a
preliminary
determination
whether
your
State's
asbestos
worker
protection
plan
meets
the
requirements
of
TSCA
section
18.

(
i)
If
EPA's
preliminary
determination
is
that
your
State's
plan
does
meet
the
requirements
of
TSCA
section
18,
EPA
will
initiate
a
rulemaking,
including
an
opportunity
for
public
comment,
to
exempt
your
State
from
the
requirements
of
this
subpart.
After
considering
any
comments,
EPA
will
issue
a
final
rule
granting
or
denying
the
exemption.

(
ii)
If
EPA's
preliminary
determination
is
that
the
State
plan
does
not
meet
the
requirements
of
TSCA
section
18,
EPA
will
notify
your
State
in
writing
and
will
give
your
State
a
reasonable
opportunity
to
respond
to
that
determination.

(
iii)
If
EPA
does
not
grant
your
State
an
exemption,
then
the
State
and
local
government
employers
in
your
State
are
subject
to
the
requirements
of
this
subpart.

(
b)
States
that
have
been
granted
an
exemption.
If
EPA
has
exempted
your
State
from
the
requirements
of
this
subpart,
your
State
must
update
its
asbestos
worker
protection
regulations
as
necessary
to
implement
changes
to
meet
the
requirements
of
this
subpart,
and
must
apply
to
EPA
for
an
amendment
to
its
exemption.

(
1)
What
must
my
State
do
to
apply
for
an
amendment
to
its
exemption?
To
apply
for
an
amendment
to
its
exemption,
your
State
must
send
to
the
Director
of
OPPT
a
copy
of
its
updated
asbestos
worker
protection
regulations
and
a
detailed
explanation
of
how
your
State's
updated
asbestos
worker
protection
plan
meets
the
requirements
of
TSCA
section
18.
Your
State
must
submit
its
application
for
an
amendment
within
6
months
of
the
effective
date
of
any
changes
to
the
requirements
of
this
subpart,
or
within
a
reasonable
time
agreed
upon
by
your
State
and
OPPT.

(
2)
What
action
will
EPA
take
on
my
State's
application
for
an
amendment?
EPA
will
review
your
State's
application
for
an
amendment
and
make
a
preliminary
determination
whether
your
State's
updated
asbestos
worker
protection
plan
meets
the
requirements
of
TSCA
section
18.

(
i)
If
EPA
determines
that
the
updated
State
plan
does
meet
the
requirements
of
TSCA
section
18,
EPA
will
issue
your
State
an
amended
exemption.

(
ii)
If
EPA
determines
that
the
updated
State
plan
does
not
meet
the
requirements
of
TSCA
section
18,
EPA
will
notify
your
State
in
writing
and
will
give
your
State
a
reasonable
opportunity
to
respond
to
that
determination.

(
iii)
If
EPA
does
not
grant
your
State
an
amended
exemption,
or
if
your
State
does
not
submit
a
timely
request
for
amended
exemption,
then
the
State
and
local
government
employers
in
your
State
are
subject
to
the
requirements
of
this
subpart.
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
$
17.61
[
c]
$
28.18
Construction
supervisor
$
22.31
[
d]
$
35.69
Clerical
worker
$
15.16
[
e]
$
24.26
Brake
and
clutch
repair
mechanic
$
18.46
[
f]
$
29.54
Brake
and
clutch
repair
supervisor
$
22.84
[
g]
$
36.55
Industrial
hygienist
$
28.67
[
h]
$
45.87
[
a]
Source:
BLS,
2001a
and
2001b.
These
figures
were
updated
to
September
2003
using
BLS,
2003b.
[
b]
EPA
calculates
the
loaded
hourly
wage
rate
by
inflating
the
raw
hourly
wage
rate
by
60
percent
to
account
for
benefits
and
overhead
(
EPA,
1992).
This
is
consistent
with
the
data.
BLS,
2003a
shows
that
for
state
and
local
government
workers
the
cost
per
hour
worked
figures
for
total
compensation
and
wages
and
salary
are
$
32.99
and
$
23.14,
respectively.
This
would
indicate
that
benefits
represent
43
percent
increase
over
wages
and
salary.
EPA
has
also
used
a
figure
of
17
percent
to
represent
overhead.
These
combined,
approximate
the
60
percent
figure
used
above.
[
c]
This
is
the
average
hourly
wage
for
the
"
Construction
and
Extraction
Occupations"
category
in
BLS,
2001a
and
2001b.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
[
d]
This
is
the
average
hourly
wage
for
the
"
First­
Line
Supervisors/
Managers
of
Construction
Trades
and
Extraction
Workers"
category
in
BLS,
2001a
and
2001b.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
[
e]
This
is
the
average
hourly
wage
for
the
"
Secretaries,
Except
Legal,
Medical
and
Executive"
category
in
BLS,
2001a
and
2001b.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
[
f]
This
is
the
average
hourly
wage
for
the
"
Automotive
Service
Technicians
and
Mechanics"
category
in
BLS,
2001a
and
2001b.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
[
g]
This
is
the
average
hourly
wage
for
the
"
First­
Line
Supervisors/
Managers
of
Mechanics,
Installers,
and
Repairers"
category
in
BLS,
2001a
and
2001b.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
[
h]
Because
there
is
no
industrial
hygienist
category
in
the
BLS,
2001a
and
2001b
data,
the
average
hourly
wage
for
the
"
Health
and
Safety
Engineers,
Except
Mining
Safety
Engineers
and
Inspectors"
category
in
BLS,
2001a
and
2001b
was
used.
This
category
was
used
based
on
the
similarity
of
duties
as
described
in
the
data.
This
figure
represents
the
average
for
state
and
local
governments.
It
has
been
updated
to
September
2003
using
BLS,
2003b.
References
for
Attachment
D
Bureau
of
Labor
Statistics
(
BLS),
Occupational
Employment
Statistics
(
OES),
2001a.
2001
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates,
SIC
902
­
State
Government
(
OES
designation).

Bureau
of
Labor
Statistics
(
BLS),
Occupational
Employment
Statistics
(
OES),
2001b.
2001
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates,
SIC
903
­
Local
Government
(
OES
designation).

Bureau
of
Labor
Statistics
(
BLS),
2003a.
Employer
Costs
For
Employee
Compensation.
June.

Bureau
of
Labor
Statistics
(
BLS),
2003b.
Employment
Cost
Index.
Historical
Listing
(
June
1989=
100).
October
30.

U.
S.
Environmental
Protection
Agency,
1992.
Office
of
Policy,
Planning
and
Evaluation.
Instructions
For
Preparing
Information
Collection
Requests
(
ICRs).
June
1.
