  SEQ CHAPTER \h \r 1 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.:	1246.11	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, State and local
government employees in 25 States, the District of Columbia and certain
other U.S. territories 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 (29 CFR 1926.1101) and the General Industry
Standard for Asbestos (29 CFR1910.1001).  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 one
year.  Employers must also establish written respiratory protection
programs and maintain procedures and records of respirator fit tests for
one 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 the Environmental Protection Agency (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(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 recordkeeping provisions contained in the rule are designed to
ensure that employers comply 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 WPR 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 25 States, the District of Columbia and certain other U.S.
territories without an OSHA-approved State plan.  Currently, all private
sector workers, as well as State and local government employees in the
25 States as well as Puerto Rico and the U.S.Virgin Islands 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

	Prior to submission to OMB, this ICR will be made available to the
public for comment through a Federal Register notice.  The public will
have 60 days to provide comments.  Any comments received will be given
consideration when completing the supporting statement that is submitted
to OMB.

	3(c)	Consultations

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

	The identical recordkeeping and reporting requirements as applied to
the private sector and to States with OSHA-approved State plans have
been subject to notice and comment as part of OSHA rulemaking efforts. 
EPA previously 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.

	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
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 three 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 25 states, the District of Columbia and
certain other U.S. territories that have employees engaged in
asbestos-related construction, custodial, and brake and clutch repair
activities without OSHA-approved State plans.  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) applies to certain
entities.  To determine whether a State or local government employer is
subject to the WPR, employers must carefully examine the applicability
provisions in the regulation at 40 CFR 763.121.

Categories	NAICS Codes	Examples of Potentially Affected Entities

Public Administration	92	State or local government employers not subject
to an OSHA-approved State Asbestos Plan or a State Asbestos Worker
Protection Plan that EPA has determined is exempt from the requirements
of the EPA WPR, AND whose employees work with or near
asbestos-containing material.

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



	4(b)	Respondent Activities and Information Requested

	The WPR contains several paperwork related requirements for State and
local government employers in the 25 states, the District of Columbia
and certain other U.S. territories covered by the WPR.  The overall
estimated potential economic impact of this rule is presented in the
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 WPR, 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 (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:

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

	Finally, 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 TSI, or
surfacing material, an appropriately-qualified person must certify that
the alternative control method will reduce employee exposures below the
PELs and that the method will also prevent asbestos contamination beyond
the regulated area where the project will be performed.  For larger
Class I projects, the employer who wishes to use alternative control
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:

	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 supplied-air respirators;

--	Notify workers of the results of employee exposure monitoring; and

--	Maintain records of all exposure measurements for 30 years.

	D.	Communicate hazards to employees.

		•	Have a 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;

		•	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
health and the environment.  Consequently, no specific provisions exist
for easing the burden on small local government entities.  The records
required are as necessary for the protection of employees of small local
governments as for other affected employees.  However, State and local
governments may use private contractors for the activities covered by
the Asbestos Worker Protection Standard and, thus, avoid the
recordkeeping burden themselves.

	5(d)	Collection Schedule 

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

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	Section 6(a) discusses respondent burden, and Section 6(b) addresses
respondent costs.  Section 6(c) reports EPA burdens and costs, and
Sections 6(d), 6(e), and 6(f) summarize respondent burdens, discuss
changes in burden estimates, and provide the Federal Register burden
statement, respectively.

	6(a)	Estimating Respondent Burden

	The respondents for this rule are State and local governments in the 25
states, the District of Columbia and certain other U.S. territories 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
estimates of the burden per response for each paperwork requirement. 
Table 2 provides EPA’s estimates of the total number of responses for
each requirement.  Finally, Table 3 provides EPA’s estimates of total
respondent burden by multiplying the burden per response (Table 1) and
the total number of responses (Table 2) for each requirement.

	At the time the Worker Protection Rule was promulgated, 27 states were
subject to the Worker Protection Rule.  The Economic Analysis for the
Worker Protection Rule (EPA, 2000) was based on 27 states; it excluded
the District of Columbia and certain other territories because of a lack
of data, and thus underestimated both the costs and benefits of the
rule.  At the time the previous ICR (EPA, 2007) was prepared, New Jersey
had since obtained an approved OSHA state plan for public sector
employees.  However, in the previous ICR, calculations were still based
on 27 states, because EPA felt that calculating the burden for 27
entities (26 states, and an additional entity to represent the combined
District of Columbia and territories) would correct the original
underestimation for the District of Columbia and territories without
state plans as well as compensate for the loss of one state subject to
the WPR. 

For this ICR, respondent burden calculations are based on 26 entities,
because Illinois has since adopted an approved OSHA state plan for
public sector employees.  Therefore, the number of affected entities was
estimated following the methodology outlined in Appendices A and B of
the economic analysis (EPA, 2000), but adjusted downward to account for
Illinois adopting an OSHA approved state plan.  All affected
construction, custodial, and brake and clutch workers, crews, and
projects located in Illinois were calculated following the methodology
outlined in Chapter 2 and Appendices A and B of the economic analysis
(EPA, 2000) and removed from the total annual response estimates. 
However, burden may be slightly overestimated, as the Economic Analysis
noted that the District of Columbia and territories probably account for
fewer affected buildings and workers than any of the other states.   

	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).

Table 1. Hourly Burden per Respondent

Collection Activity	Hourly Burden per Respondent

	Clerical	Employees	Supervisory	Industrial Hygienist	Total

A) Read And Interpret Regulation  	-	-	3.00	-	3.00

B) Respirator Program





	 	1) Develop Program, Large Gov’s a	-	-	-	4.00	4.00

 	2) Fit Testing





	 	 	a) Full-Face Respirators	-	0.25	0.25	-	0.50

 	 	b) Half-Mask-Face Respirators	-	0.17	0.17	-	0.33

 	3) Maintain Records for Fit Tests	0.08	-	-	-	0.08

C) Exposure Monitoring





	 	1) Initial Exposure Assessment





	 	 	a) Construction	-	-	-	2.00	2.00

 	 	b) Brake and Clutch Repair	-	-	-	2.00	2.00

 	2) Maintain Records	0.08	-	-	-	0.08

 	3) Post Monitoring Results, Brake/Clutch	0.08	-	-	-	0.08

D) Hazard Communication





	 	1) Evaluate Risk	-	-	0.75	-	0.75

 	2) Notify Employees





	 	 	a) Construction	-	-	0.08	-	0.08

 	 	b) Brake and Clutch Repair	-	-	0.08	-	0.08

 	3) Notify Other Employees/ Tenants	-	-	0.08	-	0.08

E) Training





	 	1) Provide Training





	 	 	a) Class II	-	32.00	-	-	32.00

 	 	b) Class III	-	16.00	-	-	16.00

 	 	c) Class IV	-	2.00	-	-	2.00

 	2) Maintain Records	0.08	-	-	-	0.08

F) Medical Surveillance





	 	1) Medical Exams	-	0.75	0.75	-	1.50

 	2) Initial Questionnaire	-	0.50	0.50	-	1.00

 	3) Periodic Questionnaire	-	0.17	0.17	-	0.33

 	4) Information to Physicians	0.08	-	-	-	0.08

 	5) Physician’s Written Opinion	0.08	-	-	-	0.08

 	6) Maintain Records	0.08	-	-	-	0.08

G) Access to Records







1) Employee Access	0.08	-	-	-	0.08

 	2) EPA Access





	 	 	a) Construction	0.08	-	0.08	-	0.17

 	 	b) Brake and Clutch Repair	0.08	-	0.08	-	0.17

H) Competent Person





	 	1) Training





	 	 	a) Class I and II b	-	-	14.00	-	14.00

 	 	b) Class III and IV b	-	-	3.00	-	3.00

 	2) Maintain Records	0.08	-	-	-	0.08

Total	0.92	51.83	23.00	8.00	83.75

Notes: Except where noted, these estimates reflect annual burden
estimate for each response.

a) 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.

b) This is the annualized number of hours for this requirement.  The
Class II and Class IV competent person training occurs once every five
years. 



Table 2.  Total Annual Response Estimates

Collection Activity	Total Annualized Responses

	Clerical	Employees	Supervisory	Industrial Hygienist	Total

A) Read And Interpret Regulation a 	0	0	375	0	375

B) Respirator Program





	 	1) Develop Program, Large Gov’s b	0	0	0	144	144

 	2) Fit Testing





	 	 	a) Full-Face Respirators	0	38	38	0	76

 	 	b) Half-Mask-Face Respirators	0	2,610	2,610	0	5,220

 	3) Maintain Records for Fit Tests	2,648	0	0	0	2,648

C) Exposure Monitoring





	 	1) Initial Exposure Assessment





	 	 	a) Construction	0	0	0	4,081	4,081

 	 	b) Brake and Clutch Repair	0	0	0	1,296	1,296

 	2) Maintain Records	11,922	0	0	0	11,922

 	3) Post Monitoring Results, Brake/Clutch	2,874	0	0	0	2,874

D) Hazard Communication





	 	1) Evaluate Risk	0	0	4,111	0	4,111

 	2) Notify Employees





	 	 	a) Construction	0	0	458,116	0	458,116

 	 	b) Brake and Clutch Repair	0	0	11,496	0	11,496

 	3) Notify Other Employees/ Tenants	0	0	458,116	0	458,116

E) Training





	 	1) Provide Training





	 	 	a) Class II	0	1,945	0	0	1,945

 	 	b) Class III	0	805	0	0	805

 	 	c) Class IV	0	46,883	0	0	46,883

 	2) Maintain Records	49,633	0	0	0	49,633

F) Medical Surveillance





	 	1) Medical Exams	0	1,740	1,148	0	2,888

 	2) Initial Questionnaire	0	83	55	0	138

 	3) Periodic Questionnaire	0	1,657	1,093	0	2,750

 	4) Information to Physicians	2,888	0	0	0	2,888

 	5) Physician’s Written Opinion	2,888	0	0	0	2,888

 	6) Maintain Records	2,888	0	0	0	2,888

G) Access to Records







1) Employee Access	5,534	0	0	0	5,534

 	2) EPA Access





	 	 	a) Construction	4,602	0	4,602	0	9,204

 	 	b) Brake and Clutch Repair	29	0	29	0	57

H) Competent Person





	 	1) Training





	 	 	a) Class I and II	0	0	640	0	640

 	 	b) Class III and IV	0	0	26,479	0	26,479

 	2) Maintain Records	27,119	0	0	0	27,119

Total	113,024	55,761	968,907	5,521	1,143,213

Notes: 

a) This burden was incurred by all supervisors over the three year
period of the initial ICR.  EPA assumes that five percent of the annual
number of respondents from the initial ICR will incur the burden each
year to account for turnover by supervisors.  The number of responses in
Table 2 (375) is five percent of the total number of townships (22,488)
divided by 3 (22,488/3 =7,496).

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
(721 large governments with industrial hygienists on staff) by five. 

Table 3.  Total Annual Burden Estimates

Collection Activity	Total Annual Burden Hours

	Clerical	Employees	Supervisory	Industrial Hygienist	Total a

A) Read And Interpret Regulation 	0	0	1,124	0	1,124

B) Respirator Program





	 	1) Develop Program, Large Gov’s 	0	0	0	577	577

 	2) Fit Testing





	 	 	a) Full-Face Respirators	0	10	10	0	19

 	 	b) Half-Mask-Face Respirators	0	435	435	0	870

 	3) Maintain Records for Fit Tests	221	0	0	0	221

C) Exposure Monitoring





	 	1) Initial Exposure Assessment





	 	 	a) Construction	0	0	0	8,161	8,161

 	 	b) Brake and Clutch Repair	0	0	0	2,592	2,592

 	2) Maintain Records	994	0	0	0	994

 	3) Post Monitoring Results, Brake/Clutch	239	0	0	0	239

D) Hazard Communication





	 	1) Evaluate Risk	0	0	3,083	0	3,062

 	2) Notify Employees





	 	 	a) Construction	0	0	38,176	0	38,176

 	 	b) Brake and Clutch Repair	0	0	958	0	958

 	3) Notify Other Employees/ Tenants	0	0	38,176	0	38,176

E) Training





	 	1) Provide Training





	 	 	a) Class II	0	62,240	0	0	62,240

 	 	b) Class III	0	12,886	0	0	12,886

 	 	c) Class IV	0	93,766	0	0	93,766

 	2) Maintain Records	4,136	0	0	0	4,136

F) Medical Surveillance





	 	1) Medical Exams	0	1,305	861	0	2,166

 	2) Initial Questionnaire	0	41	27	0	69

 	3) Periodic Questionnaire	0	276	182	0	458

 	4) Information to Physicians	241	0	0	0	241

 	5) Physician’s Written Opinion	241	0	0	0	241

 	6) Maintain Records	241	0	0	0	241

G) Access to Records







1) Employee Access	461	0	0	0	461

 	2) EPA Access





	 	 	a) Construction	383	0	383	0	767

 	 	b) Brake and Clutch Repair	2.4	0	2.4	0	5

H) Competent Person





	 	1) Training





	 	 	a) Class I and II	0	0	8,960	0	8,960

 	 	b) Class III and IV	0	0	79,437	0	79,437

 	2) Maintain Records	2,260	0	0	0	2,260

Total	9,419	170,959	171,815	11,330	363,523

Note: a Totals may not sum due to rounding.

	

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 22,488 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 asbestos WPR that was in
place prior to this rule.  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 initial 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 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 (EPA, 2000) 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 initial ICR assumed that this activity would be
undertaken by supervisors only during the first year of the rule, the
current ICR 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 the new supervisors will need to read and
interpret the regulation.  Thus, for purposes of this analysis, five
percent of the annual respondents will spend three hours reading and
interpreting the rule annually.  This ICR also adjusts the number of
annual respondents downward to account for one less state (Illinois)
without an OSHA-approved state plan. Thus, this analysis assumes the
total number of respondents to be 22,488 and an annualized estimate of
7,496 responses (22,488 / 3).  Therefore, this activity is assumed to
require 1,124 hours on an annualized basis (7,496 responses × 5 percent
× 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 governments2 would have an
industrial hygienist on staff who would need four hours to comply with
this requirement.  EPA assumes that small governments, on the other
hand, will not have an industrial hygienist on staff and will instead
contract out this service.  Using the Regulatory Flexibility Act (RFA)
definition of small government, 21,767 affected governments (96.79
percent of the 22,488 total) would be classified as small, leaving 721
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 yields 144
responses annually.  Multiplying by the burden per response (4 hours)
results in an estimated annual burden of 577 hours of industrial
hygienists’ time.

	Fit testing imposes a requirement on both the worker being fit-tested
and the worker’s supervisor who conducts the fit test.  EPA estimates
that fit tests for full-face respirators will require 15 minutes and
half-mask respirators will require a fit test lasting 10 minutes.  EPA
further estimates that 38 full-time equivalent (FTE) staff will require
full-face fit tests and 2,610 FTE staff 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 × 38
fit tests) and half-mask respirator fit tests will require 435 hours for
both workers and supervisors (0.1667 hours × 2,610 fit tests).  In
total, workers and supervisors will need to spend 445 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 2,648 fit tests
will occur annually (38 for full-face respirators and 2,610 for
half-mask respirators), requiring 221 hours of clerical labor time each
year (0.0833 hours × 2,648 fit tests).

	C.	Exposure Monitoring.

	The exposure monitoring section of the rule requires affected projects
to perform periodic exposure monitoring unless a negative exposure
assessment has been made.  For the construction-related activities, this
will require affected crews (i.e., groups of workers) to have an initial
exposure assessment.  EPA estimates that this will require two hours of
an industrial hygienist’s time every three years.  There are a total
of 27,144 crews that must be evaluated, resulting in an annual average
of 9,048 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
54.90 percent of the total population in the 25 affected States, the
District of Columbia and certain other U.S. territories resides in small
local government jurisdictions4.  Thus, EPA assumes that the remainder
(45.10 percent) reside in large government jurisdictions.  This implies
that 4,081 annual responses are generated under this requirement (9,048
crews × 45.10 percent) in the construction sector.  Multiplying by the
burden per response (2 hours) results in an annual burden of 8,161
industrial hygienist hours.

Later

	For brake and clutch repair activities (which are classified as a
general industry activity), this provision will require affected repair
shops to establish an exemption from periodic exposure monitoring.  EPA
estimates that this will require two hours of an industrial
hygienist’s time annually.  As noted above, only large governments
with on-staff industrial hygienists will incur a paperwork burden under
this rule.  As with the number of crews above, EPA assumes that large
governments will operate a disproportionate number of the affected brake
and clutch shops.  Specifically, EPA assumes that the number of affected
brake and clutch shops in large governments is proportional to the
population residing in large governmental jurisdictions.  Thus, EPA
estimates that 45.10 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 1,296 repair
shops (45.10 percent of the 2,874 affected repair shops) for an annual
burden of 2,592 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 11,922 annual assessments for which
records must be kept (9,048 in the construction sector and 2,874 in the
brake and clutch sector).  Multiplying by the burden per response (five
minutes) yields an estimated annual clerical burden of 994 hours.

	As part of the brake and clutch repair assessment, 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 it will require five minutes of clerical time to post the
results.  All 2,874 repair shops will need to have results posted
annually (i.e., shops owned by both small and large governments),
resulting in an annual burden of 239 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 4,111 Class I and II projects are covered by the
rule, implying a total annual burden of 3,083 supervisory hours (0.75
hours × 4,111 projects).

	The rule also requires employers to notify employees that will be
performing asbestos-related work prior to beginning the project.  For
construction activities, EPA assumes that this will require 5 minutes of
a construction supervisor’s time for all affected projects.  EPA
excludes Class IV custodial projects from this burden estimate because
custodial activities are assumed to occur continuously over the course
of the year and are not generally divided into discrete “projects.”5
Based on data in the Economic Analysis, EPA estimates that 458,116
construction projects will require these notifications.  Multiplying the
estimated number of projects by five minutes (0.0833 hours) yields an
estimated 38,176 construction supervisor hours to comply with this
requirement (458,116 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 2,874 repair shops, so the annual burden for
this requirement among brake and clutch repair shops will be 958 hours
(2,874 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.  Using the
methodology outlined in the Economic Analysis for the rule, EPA
estimates that 458,116 projects will be affected by this requirement. 
Multiplying by the burden per response (five minutes), results in an
estimated burden of 38,176 hours of supervisory time annually to comply
with this requirement (458,116 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 1,945 Class II workers, 805
Class III workers, and 46,883 Class IV workers.  This implies annual
training requirements of 62,240 hours for Class II workers (32 hours ×
1,945 workers), 12,886 hours for Class III workers (16 hours × 805
workers), and 93,776 hours for Class IV workers (2 hours × 46,883
workers).  The total annual employee hours required for training is
168,892.

	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 49,633 workers will be trained
annually (1,945 Class II workers + 805 Class III workers + 46,883 Class
IV workers), requiring 4,136 clerical hours annually to maintain these
records (49,633 × 0.0833 hours).

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

	F.	Medical Surveillance.  

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

	EPA assumes that all Class II and III construction workers will need to
undergo medical exams each year.  Although Class I workers will also
require medical exams, the 1987 EPA asbestos WPR covers these activities
and thus medical exams are not incremental for Class I workers under the
revised rule.  Based on the Economic Analysis for this rule, EPA
estimates that 2,695 workers will require medical exams.  Of this total,
1,093 are supervisors (one for each crew; 640 Class II crews and 453 in
Class III) and 1,657 are non-supervisory construction workers.  To
account for turnover, EPA inflated each of these estimates by five
percent.  Thus, each year, a total of 2,888 workers, including 1,148
supervisors and 1,740 non-supervisory construction workers, will require
medical exams.  EPA assumes that these exams will require 45 minutes
each, imposing an annual burden of 2,166 hours (1,305 hours for
construction workers and 861 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 first-year 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 estimates the annual number of initial
exams given to first-year workers for this three-year ICR period as five
percent of the number of initial exams that took place during the first
three-year period of the ICR.  Thus, 55 supervisors (1,093 × .05) and
83 non-supervisory construction workers (1,657 × .05) 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 an annual burden of 27
hours on supervisory construction workers (55 workers x .5 hour) and 41
hours on non-supervisory construction workers (83 workers x .5 hour).

	EPA assumes that all workers who undergo a non-initial exam will be
required to complete a periodic questionnaire each year.  Thus, EPA
estimates that 1,093 supervisors and 1,657 non-supervisory workers will
complete the periodic questionnaire each year.  EPA assumes that the
periodic questionnaire will take 10 minutes to complete.  Thus, this
requirement imposes a burden of 182 hours on supervisors (1,093 workers
× 0.1667 hours) and 276 hours on non-supervisory construction workers
(1,657 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 2,888 medical exams (initial and non-initial) performed
annually (1,148 for supervisory construction workers and 1,740 for
non-supervisory construction workers).  Thus, this requirement will
impose an annual burden of 241 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
2,888 medical exams performed annually.  Thus, obtaining the
physician’s written opinion will impose an annual burden of 241
clerical hours.

	The rule requires employers to maintain medical records for each
employee.  EPA assumes that maintaining medical records will impose a
five-minute burden for each annual medical exam and that affected
government entities will use clerical labor to comply with this
requirement.  There are a total of 2,888 medical exams performed
annually.  Thus, EPA estimates that maintaining medical records will
impose an annual burden of 241 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
55,335 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 5,534 times annually.  This results in a total annual
burden of 461 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 4,602 construction projects
each year and the records of 29 brake and clutch repair shops.  Thus EPA
will access records 4,631 times annually.  This results in a total
annual burden of 383 hours of both clerical and supervisory time for
construction-related work and a total annual burden of 2.4 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.  The average annual training hours for Class II
competent persons during the three-year period of the ICR can be
calculated as follows:  8 hours + 32 hours/5 years = 14.4, rounded to 14
hours per year.  The 32 hours is the additional training beyond the 8
hours of training that occurs each year (40 hours – 8 hours = 32
hours) which is annualized over a five-year period (32/5 = 6.4, rounded
to 6), and then added to the annual training requirement of 8 hours, for
a total of 14 hours average training per year.  This can be applied to
the 640 supervisors that must be trained as Class II competent persons,
for an annual burden of 8,960 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 hours (16 hours/ 5
years rounded to 3 hours).  This can be applied to 26,479 supervisors
that must be trained as Class III or IV competent persons, for an annual
burden of 79,437 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 of 27,119
competent persons will be trained annually (640 under Class II and
26,479 under Class III and IV).  Thus, maintaining records of competent
person training will require 2,260 clerical hours (27,119 competent
persons x (5min./60/min.)) 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 363,523 hours.  The ICR affects a
total 22,488 respondents (i.e., all affected State and local
governments).  The total number of annual responses is estimated to be
1,143,213 (see Table 2), a decrease in 120,910 responses from the last
ICR, and an average of about 51 responses per respondent.  The burden
per respondent is 16.16 hours ([363,523 burden hours]/[22,488
respondents]) and the average burden per response is 0.32 hours
([363,523 burden hours]/[ 1,143,213 responses]) .

	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 $22.21 per hour,



Construction employee (non-supervisory) labor costs $31.35 per hour,



Brake and clutch repair employee labor costs $27.80 per hour,



Construction supervisor labor costs $45.37 per hour,



Brake and clutch repair supervisor labor costs $43.80 per hour, and



Industrial hygienist labor costs $54.67 per hour.

	These hourly labor costs reflect both wage and non-wage benefits for
these categories of employees in year 2008 dollars.  The derivation of
the labor costs appear in Attachment D 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.

Table 4.  Total Annual Cost of Respondent Burden Hours

Collection Activity	Total Annual Hourly Industry Burden 

	Clerical	Employees	Supervisory	Industrial Hygienist	Total

I) Read And Interpret Regulation	$0	$0	$50,994	$0	$50,994

II) Respirator Program





	 	A) Develop Program, Large Gov’s	$0	$0	$0	$31,545	$31,545

 	B) Fit Testing





	 	 	1) Full-Face Respirators	$0	$298	$431	$0	$729

 	 	2) Half-Mask-Face Respirators	$0	$13,639	$19,735	$0	$33,374

 	C) Maintain Records for Fit Tests	$4,908	$0	$0	$0	$4,908

III) Exposure Monitoring





	 	A) Initial Exposure Assessment





	 	 	1) Construction	$0	$0	$0	$446,162	$446,162

 	 	2) Brake and Clutch Repair	$0	$0	$0	$141,705	$141,705

 	B) Maintain Records	$22,074	$0	$0	$0	$22,074

 	C) Post Monitoring Results, Brake/Clutch	$5,307	$0	$0	$0	$5,307

IV) Hazard Communication





	 	A) Evaluate Risk	$0	$0	$139,871	$0	$139,871

 	B) Notify Employees





	 	 	1) Construction	$0	$0	$1,731,984	$0	$1,731,984

 	 	2) Brake and Clutch Repair	$0	$0	$41,958	$0	$41,958

 	C) Notify Other Employees/ Tenants	$0	$0	$1,731,984	$0	$1,731,984

V) Training





	 	A) Provide Training





	 	 	1) Class II	$0	$1,951,498	$0	$0	$1,951,498

 	 	2) Class III	$0	$404,033	$0	$0	$404,033

 	 	3) Class IV	$0	$2,939,977	$0	$0	$2,939,977

 	B) Maintain Records	$91,847	$0	$0	$0	$91,847

VI) Medical Surveillance





	 	A) Medical Exams	$0	$40,917	$39,062	$0	$79,980

 	B) Initial Questionnaire	$0	$1,299	$1,240	$0	$2,539

 	C) Periodic Questionnaire	$0	$8,660	$8,267	$0	$16,926

 	D) Information to Physicians	$5,344	$0	$0	$0	$5,344

 	E) Physician’s Written Opinion	$5,344	$0	$0	$0	$5,344

 	F) Maintain Records	$5,344	$0	$0	$0	$5,344

VII) Access To Records







A) Employee Access	$10,240	$0	$0	$0	$10,240

 	B) EPA Access





	 	 	1) Construction	$8,516	$0	$17,399	$0	$25,915

 	 	2) Brake and Clutch Repair	$53	$0	$105	$0	$158

VIII) Competent Person





	 	A) Training





	 	 	1) Class I and II	$0	$0	$406,501	$0	$406,501

 	 	2) Class III and IV	$0	$0	$3,603,945	$0	$3,603,945

 	B) Maintain Records	$50,186	$0	$0	$0	$50,186

Total	$209,164	$5,360,320	$7,793,475	$619,411	$13,982,371

   Note: Totals may not sum due to rounding.

	Based on the above hourly labor cost data, EPA has calculated the total
respondent cost to be approximately $14 million annually.  This
translates into a per respondent cost of $621.776.  The total respondent
cost has decreased from the last ICR because of the reduced number of
respondents, while the per-respondent burden has increased because of
labor cost increases since the previous ICR (see Attachment D).  

	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 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 519 Class I construction projects, EPA will
inspect 26 Class I projects annually (519 projects × 5 percent)
requiring 26 hours for Class I construction project inspections.



Based on an estimated 3,592 Class II construction projects, EPA will
inspect 36 Class II projects annually (3,592 projects × 1 percent)
requiring 36 hours for Class II construction project inspections. 

Based on an estimated 453,515 non-custodial Class III and IV
construction projects, including new construction projects, EPA will
inspect 4,535 non-custodial Class III and IV projects annually (453,515
projects × 1 percent) requiring 1,134 hours for non-custodial Class III
and IV construction project inspections based on an estimated 2,874
brake and clutch repair shops, EPA will inspect 29 brake and clutch
repair shops annually (2,874 shops × 1 percent) requiring 29 hours for
brake and clutch repair shop inspections.

In total, EPA will incur an annual requirement of 1,224 hours associated
with inspections.

	A GS-9, Step 1 base salary of $39,795 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 $63,672.  Based on a 2,080 hour work year, the fully loaded
hourly labor cost is $30.61 for a GS-9 employee.

Table 5.  Annual Agency Burden and Cost Estimate

Activity	Burden Hours	Cost

Inspections (GS-9-Step 1)	1,224	$37,481 

Total	1,224	$37,481 





	6(d)	Bottom Line Burden Hour and Costs

	The total annual respondent and Agency tallies for this information
collection are as follows:

Respondent Burden Hours:  	363,523

Respondent Cost:   		$13,982,371

Agency Burden Hours:	1,224

Agency Cost:			$37,481

	6(e)	Reasons for Change in Burden

This request reflects a decrease of 40,228 hours (from 403,751 hours to
363,523 hours) in the total estimated respondent burden from that
currently in the OMB inventory, representing a decrease of approximately
10 percent.  The principal reason for this decrease is because Illinois
has adopted an OSHA-approved state plan since the last published ICR,
reducing the number of affected states from 26 to 25 (and the District
of Columbia).  This reduced the number of respondents by approximately
11 percent, from 25,312 to 22,488 respondents.  All affected
construction, custodial, and brake and clutch workers, crews, and
projects located in Illinois were calculated following the methodology
outlined in Chapter 2 and Appendices A and B of the economic analysis
(EPA, 2000) and removed from the total annual response estimates. While
the total burden has been reduced from the last ICR, the burden per
respondent has increased to 16.16 hours, from 15.95 hours.

	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 0.32
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 such a request and a
person or facility is not required to respond to a collection of
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA’s regulations in title 40 of the CFR,
after appearing in the Federal Register, are listed in 40 CFR part 9 and
included on the related collection instrument or form, if applicable.

	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.
EPA-HQ-OPPT-2010-0487.  The docket is available for public viewing at
the Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The
EPA/DC 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
EPA/DC Public Reading Room is (202) 566-1744, 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 the Federal
Docket Management System (FDMS) at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .  Use FDMS 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.
EPA-HQ-OPPT-2010-0487 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. U.S. EPA, Office of Pollution Prevention and Toxics 
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.

U.S.  EPA, 2007.. U.S. EPA, Office of Pollution Prevention and Toxics,
ICR No. 1246.10.

	[Information Collection Request for] Reporting and Recordkeeping for
Asbestos

	Abatement Worker Protection: Supporting Statement for Request for OMB
Review under

	the Paperwork Reduction Act, February 1, 2007..

	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.

	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.

3 EPA assumes that small local governments hire contractors to perform
industrial hygiene tasks such as this.

4Total is calculated using the total state population and total
population in small governments provided in Table 6-3 of the Economic
Analysis, and subtracting the total and small government population
located in Illinois. (Total population of the 26 states = 129,415-11,846
= 117,569.  Total population in small governments of the 26 states =
74,625-10,078 = 64,547.  Percent of the population in small governments
= 64,547/117,569 = 54.90% ) 

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.

	6 This estimate is based on 22,488 affected State and local governments
that comprise the set of respondents. 

7 Salary figure taken from: U.S. Office of Personnel Management (OPM),
2008. 2008 General Schedule (Not Including Locality Rates of Pay),
January. Because 25 different states, the District of Columbia and
certain territories 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.

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