**SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY**  **NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)**  **1. Identification of the Information Collection 1(a) Title of the**  **Information Collection** NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal) , EPA ICR Number 0111.14, OMB Control Number 2060

- 0101. **1(b) Short Characterization/Abstract** The National Emission Standards for Hazardous Air Pollutants (NESHAP) for the regulations published at 40 CFR Part 61, Subpart M were proposed o n January 10, 1989, promulgated on November 20, 1990 (55 FR 48414), and amended on July 20, 2004 (69 FR 43324). These regulations apply to demolition and renovation of facilities; the disposal of asbestos waste; asbestos milling, manufacturing and fabricating; the use of asbestos on roadways; asbestos waste converting facilities; and the use of asbestos insulation and sprayed

- on materials. This information is being collected to assure compliance with 40 CFR Part 61, Subpart M. In general, all NESHAP standards require initial n otifications, performance tests, and periodic reports by

the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility , or any period during which the monitoring sy stem is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP. Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at lea st two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority . In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office. Over the next three ye ars, an average of 9,5 75 existing respondents per ye ar will be subject to the standard , 38 additional respondents per year will become subject, and 10 respondents will no longer be subject to the standard due to facility closure. The Office of Management and Budget (OMB) approved the currentl y active I CR without any

“Terms of Clearance.” The term “Affected Public ” applies to owners or operators of demolition and renovation of facilities , asbestos waste disposal , asbestos milling , manufacturing and fabricating , use of asbestos on roadways , asbestos waste conv erting facilities , and the use of asbestos insulation and sprayed

- on materials . The burden to the Affected Public may be found in Table 1: Annual2

Respondent Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

. The burden to the “Federal Government” burden is attributed entirel y to work performed b y federal emplo yees or government contractor s, and may be found in Table 2: Average Annual EPA Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renew al)

. **2. Need for and Use of the Collection 2(a) Need/** **Authority for the Collection** The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. Inaddition, section 114(a) states that the Administrator may require any

owner/operator subject to any requirement of this Act to: (A) Establish and maintain such records; (B) make such reports;

(C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Admini strator may reasonabl y require. In the Administrator's judgment, asbestos emissions fro m demolition and renovation of asbestos

- containing structures , the disposal of asbestos waste , asbestos waste converting operations , asbestos milling, manufacturing, and fabricating , the use of asbestos on roadway s , and the use of asbestos insulation and spray materials cause or contribute to air pollution that may reasonably

be anticipated to endanger public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 61, Subpart M. **2(b) Practical Utility/Users of the Data**  The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which w ere promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings. Performance tests are required in order to determine an affected facility ’s initial capability to comply

with the emission standard. Continuous emission monitors are used to ensure compliance with the standard at all times. During the performance test, a record of the3

operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor. The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properl y installed and operated and that the standard is being met. The performance test may also be observed. Th e required periodic reporting on waste management and semiannual compliance certifications are used to determine periods of excess emissions, identify problems at the facil ity , verify operation/maintenance procedures , and for compliance determinations. **3. Nonduplication, Consultations, and Other Collection Criteria**  The requested recordkeeping and reporting are required under 40 CFR Part 61, Subpart M. **3(a) Nonduplication**  If the subject standards have not been delegated, the information is sent directl y to the appropriate EPA regional office. Otherwise, the information is sent directl y to the delegated state or local agency . If a state or local agency has adopted its own similar standards to implement the Federal standards, a cop y of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists. **3(b) Public Notice Required Prior to ICR Submission to OMB** An announcement of a public comment period for the renewal of this I CR was published in the Federal Register (79 FR 30117) on May 27, 2014. No comments were received on the burden published in the Federal Register

. **3(c) Consultations** The Agency

has consulted industry

experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry , in compliance with the recordkeeping and reporting provisions in the standard, is the Enforcement and Compliance History Online (ECHO) , which is operated and maintained by EPA's Office of Complianc e. ECHO is EPA’s database for the collection, maintenance, and retrieval of all compliance data. Industry trade associations and other interested parties were provided with an opportunity to comment on the burden associated with the standard when it was being developed and further amended, and the standard has been previously reviewed to determine the minimum information4

needed for compliance purposes. For the current renewal, EPA contacted both th e Waste Business Journal at (619) 793

- 5190 and the Asphalt Roofing Manufacturers Association (ARMA) at (202) 207

- 1121

. **3(d) Effects of Less Frequent Collection** Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequentl y, the proper operation and maintenance of control equipment and the possibility

of detecting violations would be less likel y. **3(e) General Guidelines** These reporting or recordkeeping requirements do not violate any of the regulations promulgated b y OMB under 5 CFR Part 1320 , Section 1320.5. **3(f) Confidentiality** Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, C hapter 1, P art 2, S ubpart B

- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended b y 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). **3(g) Sensitive Questions** The reporting or recordkeeping requirements in the standard do not include sensitive questions. **4. The Respondents and the Information Requested 4(a)**  **Respondents/SIC Codes** The respondents to the recordkeeping and reporting requirements are owners or operators of demolition and renovation , asbestos waste disposal , asbestos milling , manufacturing , and fabricating , asbestos on roadways , asbestos waste converting , and asbestos spray operations

. The United States Standard Industrial Classification (SI C) codes and corresponding North American Industry

Classification System (NAI CS) codes for the respondents affected b y the standard are list ed in the following table. **Standard (40 CFR Part 61, Subpart M) SIC Codes**  **NAICS Codes** 5

**Standard (40 CFR Part 61, Subpart M) SIC Codes**  **NAICS Codes**  Motor Vehicle Brake Sy stem Manufacturing 3292 33634 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing 2661 327999 Resilient Floor Covering Manufacturing 3996 326192 Alkalies and Chlorine Manufacturing 2812 325181 Site Preparation Contractors 1795 238910 Land Subdivision 6552 237210 New Single

- Family

Housing Construction (except Operative Builders) 1521, 8741 236115 Commercial and Institutional Building Construction 1522, 1531, 1541, 1542, 1799, 8741 236220 New Multifamily

Housing Construction (except Operative Builders) 1522, 8741 236116 Industrial Building Construction 1531, 1541, 1629, 8741 236210 Highway , Street, and Bridge Construction 1611, 1622, 1721, 8741 237310 Other Heavy and Civil Engineering Construction 1622, 1629, 1799, 8741 237990 Water and Sewer Line and Related Structures Construction 1623, 1629, 1781, 8741 237110 Remediation Services 1799, 4959 56291 Dry wall and Insulation Contractors 1742, 1743 238310 Poured Concrete Foundation and Structure Contractors 1771 238110 Roofing Contractors 1761 238160 Siding Contractors 1761 238170 Flooring Contractors 1752 238330 Tile and Terrazzo Contractors 1743 238340 Solid Waste Landfill 4953 562212 **4(b) Information Requested (i) Data Items**  In this ICR , all the data that is recorded or reported is required b y the NESHAP for Asbestos (40 C FR Part 61, Subpart M).6

A source must make the following notifications : **Notifications** Notification and application for construction or modification (applicable to asbestos converting sites) 61.07, 61.155(a) Notification of intent to demolish or renovate , including renotifications due to change (applicable to demolition/renovation sites ) 61.145(b)

Notification of commencement of operations using spray

- on materials containing more than 1 percent asbestos (applicable to spray operation sites) 61.146(b)

Notification of excavation of asbestos materials (applicable to waste disposal sites) 61.151(d) , 61.154(j)
A source must make the following reports: **Reports** Control device maintenance plan (applicable to asbestos milling, manufacturing, and fabricating sites) 61.142(b)(2), 61.144(b)(4), 61.147(b)(4) Semiannual visible emissions report (applicable to asbestos mil ling , manufacturing, and fabricating sites) 61.142(b)(6), 61.144(b)(8), 61.147(b)(8) Waste generator report (applicable to waste disposal sites) 61.154(e)(2) Excepted waste shipment report (applicable to spray operation ; demolition/renovation; and asbestos milling, manufacturing, and fabricating sites) 61.149(e)(3) 61.150(d)(4) New source reporting, including information on process emission control equipment (applicable to a sbestos mill ing , manufacturing, and fabricating and waste disposal sites) 61.153(a) , 61.10
Improperl y contained waste report , including waste shipment record (applicable to waste disposal sites) 61.154(e)(1)(iv) Waste disposal discrepancy report , including waste shipment record (applicable to waste disposal sites) 61.154(e)(3) Report of p roduct composite sample anal ys e s conducted during initial 90 days of operation (applicable to asbestos converting sites ) 61.155(g)(1)
Quarterl y reports of operations and monthly product composite samples (applicable to asbestos converting sites ) 61.155(g)(2) Upon facility

clos ure, provide asbestos waste disposal locations and quantities (applicable to waste disposal sites) 61.15 4(h)7

A source must keep the following records: **Recordkeeping** Daily v isible emission s monitoring and air cleaning device inspections, including two
- ye ar records retention (applicable to asbestos mill ing , manufacturing, and fabricating sites) 61.142(b)(3 and 5), 61.144(b)(5 and 7), 61.147(b)(5 and 7) Cold weather temperature monitoring records, including two

ye ar records retention (applicable to asbestos milling and demolition/renovation sites) 61.145(c)(7) (iii) , 61.149(c)(1)(iii) Waste shipment records , including excepted waste shipment report s and two
- ye ar records retention (applicable to asbestos converting; spray

operation; demolition/renovation; milling, manufacturing, and fabricating; and waste disposal sites) 61.149(e)(1 and 4) , 61.150(d)(1 and 5 ), 61.154(e)(1 and 4 ) Records of weekl y inspection of air cleaning devices (applicable to asbestos milling, manufacturing, and fabricating sites) 61. 142(b)(5), 61.144(b)(7), 61.147(b)(7) Records of startup performance testing and initial 90 days of operations, including two

- ye ar retention (applicable to asbestos converting sites) 61.15 5 (f)
Waste management data of the asbestos

- containing materials disposed at landfills such as its location, volume, etc., on a map (applicable to waste disposal sites) 61.154(f)

Record of deed once inactive (applicable to waste disposal sites) 61.15 1 ( e )
Electronic Reporting Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site. Also, regulatory

agencies in cooperation with th e respondents continue to create reporting systems to transmit data electronically . However, electronic reporting s ys tems are still not widely used. At this time, it is estimated that approximately 10 percent of the respon dents use electronic reporting.

**(ii) Respondent Activities**8 **Respondent Activities** Read instructions. Perform initial performance test (transmission electron microscop y). Write the notifications and reports listed above. Enter information required to be recorded above. Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information. Adjust the existing ways to comply with any previously applicable instructions and requirements

. Train personnel to be able to respond to a collection of information. Transmit, or otherwise disclose the information. Currently sources are using monitoring and reporting equipment that provide parameter data in an automated way ( e.g., continuous parameter monitoring s ys tem) . Although personnel at the source still need to evaluate the data, this ty pe of monitoring equipment has significantl y reduced the burden associated with monitoring and recordkeeping. **5. The Information Collected: Agency Activities, Collection Methodology, and**  **Information Management 5(a) Agency Activities**  EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information. **Agency Activities** Observe initial performance tests and repeat performance tests, if necessary. Review notifications and reports, inc luding performance test reports and excess emissions reports, required to be submitted by industry

.9 **Agency Activities** Audit facility

records. Input, anal yz e, and maintain data in Integrated Compliance Information System (I CI S) and ECHO. **5(b) Collection Methodology and Management**  Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properl y in stalled and operated

. Performance test results included in the composite product sample analysis reports submitted by asbestos converting sites are used b y the Agency to discern a source ’ s capability to compl y with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. In formation contained in the reports is reported b y state and local governments in the IC IS Air database , which is operated and maintained by EPA's Office of Compliance. IC IS is EPA ’ s database for the collection, maintenance, and retrieval of compliance data for industrial and government

- owned facilities. EPA uses IC IS for tracking air pollution compliance and enforcement b y local and state regulatory agencies, EPA regional offices , and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve , and analyze the data. The records required b y this regulation must be retained b y the owner/operator for two years. **5(c) Small Entity Flexibility** The majority

of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. D ue to technical considerations involving the process operations and the ty pes of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirem ents needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. **5(d) Collection Schedule** The specific frequency

for each information collection activity within this request is shown in below Table 1: Annual Respondent Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

. **6. Estimating the Burden and Cost of the Collection** 10

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

. The Agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. **6(a) Estimating Respondent Burden** The average annual burden to industry over the next three years from these recordkeeping and reporting requirement s is estimated to b e 292,05 0 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency

knowledge and experience with the NESHAP p rogram, the previously approved ICR, and any comments received. **6(b) Estimating Respondent Costs (i) Estimating Labor Costs**  This I CR uses the following labor rates: Managerial $ 129

. 93 ($ 61.87 + 110%) Technical $ 103

. 97 ($ 49.51 + 110%) Clerical $ 5 1

. 79 ($2 4

. 66 + 110%) These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2014 , “ Table 2. Civilian Workers, by occupational and industry group. ” The rates are from column 1, “ Total compensation. ” The rates have been increased b y 110 percent to account for the benefit packages available to those employed by private industry

. **(ii) Estimating Capital/Startup and Operation and Maintenance Costs** The only costs to the regulated industry resulting from information collection activities required b y the subject standard are labor costs. There are no capital/startup or operation and maintenance (O&M) costs.

**(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs** The only type of industry costs associated with the information collection activity in the regulations is labor costs. There are no capital/startup or O&M costs. **6(c) Estimating Agency Burden and Cost**11

The only costs to the Agency

are those costs associated with anal ys is of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maint ained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information. The average annual Agency cost during the three years of the ICR is estimated to be $ 2,093,300

. This cost is based on the average hourl y labor rate as follows: Managerial $ 6 2. 90 (GS

- 13, Step 5, $ 3 9.31 + 60% ) Technical $ 4 6

. 67 (GS

- 12, Step 1, $ 2 9

. 17 + 60% ) Clerical $2 5. 25 (GS

- 6, Step 3, $ 15. 78 + 60% ) These rates are from the Office of Personnel Management (OPM) , 20 1 4 General Schedule , which excludes locality

rates of pay

. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden and Cost

– NESHAP for Asbestos (40 CFR Part 6 1, Subpart M) (Renewal). **6(d) Estimating the Respondent Universe and Total Burden and Costs** Based on our research for this I CR, on average over the next three ye ars, approximatel y 9,575 existing respondents will be subject to the standard. It is estimated that an additional 38 additional respondents per year will become subject, and 10 respondents will no longer be subject to the standard due to facility closure. The overall average number of respondents, as shown in the table below, is 9,603 per ye ar. The number of respondents is calculated using the following table that addresses the three ye ars covered b y this ICR. **Number of Respondents**

Respondents That Submit Reports Respondents That Do Not Submit Any Reports

Year (A) Number of Ne w Respondents 1 (B)

Number of Existing Respondents (C)

Number of Existing Respondents that keep records but do not submit reports (D) Number of Existing Respondents No Longer Subject to the Rule Due to Closure 2 (E)

Number of Respondents (E=A+B+C

- D)

1 38 9,547 0 10 9,57512 **Number of Respondents**
2 38 9,575 0 10 9,603 3 38 9,603 0 10 9,631 Average 38 9,575 0 10 9,603 1 New respondents include sources with constructed, reconstructed , and modified affected facilities

. 2 On average, te n asbestos

- containing waste disposal sites are expected to close over the next three years and will no longer be subject to the rule. C olumn D is subtracted to avoid double

- counting respondents

. As shown above, the average Number of Respondents over the three year period of this ICR i s 9,603

. The total number of annual responses per ye ar is calculated using the following table: **Total Annual Responses** (A) Information Collection Activity (B) Number of Respondents (C)

Number of Responses (D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (E) Total Annual Responses E=(BxC)+D

Asbestos converting operations Notification and application for construction 0 1 0 0
Report on sample analyses performed during initial 90 days of operation 0 1 0 0

Quarterly operations and monthly sample analysis report 2 4 0 8
Spraying operations Notification of commencement of operations using materials containing >1% asbestos 0 1 0 0

Excepted waste shipment report 0 1 0 0 Demolition/renovation Notification of intent to demolish or renovate 8,613 9 0 77,517

Re

- notification due to change 8,613 2 0 17,226 Excepted waste shipment report 8,613 3 0 25,83913 **Total Annual Responses** (A) Information Collection Activity (B) Number of Respondents (C)

Number of Responses (D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (E) Total Annual Responses E=(BxC)+D

Milling, manufacturing, and fabricating Control device maintenance plan 40 1 0 40

Semiannual visible emissions report 400 2 0 800
Excepted waste shipment report 400 1 0 400 New source report 0 1 0 0 Asbestos

- containing waste disposal sites New source report 10 1 0 10 Waste generator reports 560 1 0 560 Waste disposal discrepancy report 560 1 0 560
Improperly contained waste report 560 2 0 1,120

Notification of excavation of asbestos materials 0 1 0 0
Facility closure report 10 1 0 10 Total 124,090 The number of Total Annual Responses i s 124,090

. The total annual labor costs are $ 29,3 70,000

. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

. **6(e) Bottom Line Burden Hours and Cost Tables** The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2 below , respectively , and summarized below. **(i) Respondent Tally** The total annual labor hours are 292,050

. Details regarding these estimates may be found14

in Table 1 : Annual Respondent Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to averag e 2 h ours per response . There are no annual capital/startup and O&M costs to the regulated entity. **(ii) The Agency Tally**  The average annual Agency burden and cost over the next three years is estimated to be 45,993 labor hours at a cost o f $ 2,093, 300 . See Table 2: Average Annual EPA Burden and Cost

– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal). **6(f) Reasons for Change in Burden**  There is an increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. The change is due to an increase in the asbestos demolition and renovation operations each year ; it is not due to any program changes. We have updated respondent and Agency

burdens to reflect EPA’s current estimates of sources subject to the rule. We have also updated respondent and Agency labor rates, which were referenced from the Bureau of Labor Statistics and OPM, respectivel y. During the preparation of this I CR, EPA identified several discrepancies related to rule reporting/recordkeeping requirements and associated burdens. We have updated the respondent and Agency

burden tables accordingl y in order to re concile the discrepancies. For example, the previous I CR did not correctl y reflect the number of demolition/renovation contractors that will participate in refresher training. The revisions did not result in a substantial burden change, as the average rep orting and recordkeeping burden hours per response in this ICR is equal to that of the previous ICR. **6(g) Burden Statement**  The annual public reporting and recordkeeping burden for this collection of information is estimated to averag e 2 hours per respon se. Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, inst all, and utilize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to compl y with any previously

applicab le 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 o r sponsor, and a person is not required to respond to, a15

collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15. To comment on the Agency's n eed 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 I CR under Docket ID Numb er EPA

- HQ

- OECA

- 2014

- 0025. An electronic version of the public docket is available at http://www.regulations.gov which may be used to obtain a copy

of the draft collection of information, submit or view public co mments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically

. When in the system , select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 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

- 1744, and the telephone number for the docket center i s (202) 566

- 1927

. Also, you can send comments to the O ffice of In formation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA

- HQ

- OECA

- 2014

- 0025 and OMB Control Number 2060

- 0101 in any correspondence. **Part B of the Supporting Statement** This part is not applicable because no statistical methods were used in collecting this information.16

**Table 1: Annual Respondent Burden and Cost** 

**– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)** 

**Burden item A**  **B C**  **D E**  **F G**  **H**
**Person -**  **hours per occurrence**  **Annual**

**occurrences per**  **respondent Person**  **- hours** 

**per respondent per year**  **(AxB) Respondents** 

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual cost** 

**($) b**  1. Applications N/A 2. Surveys and studies N/A 3. Reporting requirements A. Read instructions 1 1 1 38 38 1.9 3.8 4,394.53 B. Required activities including mo nitoring or operations See 3D C. Gather existing information See 3D, 4E D. Write reports i. Asbestos converting operations Notification and application for construction 80 1 80 0 0 0 0 0 Report on sample analyses performed during initial 90 days of operation 2 1 2 0 0 0 0 0
Quarterly operations and mo nthly sample analysis report 2 4 8 2 16 1 2 1,850
ii. Spraying operations c Notification of commencement of operations using materials containing >1% asbestos N/A

Excepted waste shipment report d N/A iii. Demolition/renovation Notification of intent to demolish or renovate 1 9 9 8,613 77,517 3,875.85 7,751.7 8,964,492.2217

**Burden item A**  **B C**  **D E**  **F G**  **H**
**Person -**  **hours per occurrence**  **Annual**

**occurrences per**  **respondent Person**  **- hours** 

**per respondent per year**  **(AxB) Respondents** 

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual cost** 

**($) b** 
Renotification due to change 0.25 2 0.5 8,613 4,306.5 215.33 430.65 498,027.35 Excepted waste shipment report d 1 3 3 8,613 25,839 1,291.95 2,583.9 2,988,164.07 iv. Milling, manufacturing, and fabricating Control device maintenance plan e 1 1 1 40 40 2 4 4,625.82 Semiannual visible emissions report 1 2 2 400 800 40 80 92,516.4 Excepted waste shipment report d 0.1 1 0.1 400 40 2 4 4,625.82 New source report 1 1 1 0 0 0 0 0 v. Asbestos

- containing waste disposal sites New source report 1 1 1 10 10 0.5 1 1,156.46 Waste generator reports 0.67 1 0.67 560 375.2 18.76 37.52 43,390.19 Waste disposal discrepancy report f 1.5 1 1.5 560 840 42 84 97,142.22 Im properly contained waste report g, h 1.17 2 2.34 560 1,310.4 65.52 131.04 151,541.86 Notification of excavation of asbestos materials i 2 1 2 0 0 0 0 0 Facility closure report 2 1 2 10 20 1 2 2,312.91 **Reporting Subtotal**  **127,825 12,854,240**  4. Recordkeeping requirements A. Read instructions See 3A B. Plan activities See 3B C. Implement activities See 3B D. Develop record system N/A18

**Burden item A**  **B C**  **D E**  **F G**  **H**
**Person -**  **hours per occurrence**  **Annual**

**occurrences per**  **respondent Person**  **- hours** 

**per respondent per year**  **(AxB) Respondents** 

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual cost** 

**($) b** 
E. Time to enter and transmit information i. Asbestos converting operations Records of startup performance testing and initial 90 days of operations 0.1 1 0.1 0 0 0 0 0
Waste shipment records 0.1 12 1.2 2 2.4 0.12 0.24 277.55 ii. Spraying operations c Waste shipment records N/A Excepted waste shipment report d N/A iii. Demolition/renovation Waste shipment records j 0.1 24 2.4 8,613 20,671.2 1,033.56 2,067.12 2,390,531.26 Cold weather temperature mo nitoring k 0.1 147 14.7 0 0 0 0 0 Excepted waste shipment report d 0.1 3 0.3 8,613 2,583.9 129.2 258.39 298,816.41 iv. Milling, manufacturing, and fabricating Cold weather temperature mo nitoring k 0.1 147 14.7 0 0 0 0 0 Daily visible emissions l 0.1 637.5 63.75 400 25,500 1,275 2,550 2,948,960.25 Weekly inspection of air cleaning devices l 0.25 127.5 31.88 400 12,750 637.5 1,275 1,474,480.13 Waste shipment records 0.1 51 5.1 400 2,040 102 204 235,916.82 Excepted waste shipment report d 0.1 1 0.1 400 40 2 4 4,625.8219

**Burden item A**  **B C**  **D E**  **F G**  **H**
**Person -**  **hours per occurrence**  **Annual**

**occurrences per**  **respondent Person**  **- hours** 

**per respondent per year**  **(AxB) Respondents** 

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual cost** 

**($) b** 
v. Asbestos

- containing waste disposal sites Time to file and mail waste generator reports See 3D Waste shipment records 1.5 12 18 560 10,080 504 1,008 1,165,706.64 Waste management data retention until landfill closure 0.5 1 0.5 10 5 0.25 0.5 578.23

Record of deed once inactive 0.5 1 0.5 10 5 0.25 0.5 578.23 F. Time to train personnel i . Asbestos converting operations N/A ii. Spraying operations c N/A iii. Demolition/renovation (refresher training) m 8 1 8 8,641 69,128 3,456.4 6,912.8 7,994,342.12 iv. Milling, manufacturing, and fabricating n N/A v. Asbestos

- containing waste disposal sites o N/A G. Time for audits N/A **Recordkeeping Subtotal 164,226**  **16,514,813 TOTAL ANNUAL BURDEN AND COST (ROUNDED)**  **292,051 29,369,054**  **TOTAL ANNUAL CAPITAL AND O&M COST (SEE SECTION 6(b)(iii))**  **0 GRAND TOTAL (LABOR, CAPITAL, AND O&M)**  **29,369,054** N/A

– Not Applicable **Assu mptions:**  a EPA estimates an average of 9,575 existing sources will be subject to the rule over the next 3 years. On average during this period, 38 new sources per year will become subject, while 10 existing sources per year will close and will cease to be subject to th e rule. The net total is 9,603 sources per year (9,575 + 38

- 10 = 9,603). The following is a detailed breakdown of the four source categories:20

 2 existing asbestos converting sources. No new sources are expected.
 8,613 existing asbestos demolition/renov ation sources. EPA assumes an increase of 28 new sources per year.
 400 existing asbestos milling, manufacturing, and fabricating sources. No new sources are expected.
 1,119 municipal/Subtitle D landfills nation

- wide, of which 50%, or 560 sources, will re ceive asbestos

- containing wastes subject to the rule. No net grow th will occur because an estimated 10 sites will close annually, while an estimated 10 sites will become subject to the rule by commencing acceptance of asbestos

- containing wastes. b This I CR uses the following labor rates: $103.97 (technical), $129.93 (managerial), and $51.79 (clerical). These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2014, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from column 1, “Total compensation.” They have been increased by 110 percent to account for the benefit packages available to those employed by private industry. c EPA does not expect any spray operation sources will become subje ct to the rule over the next three years. d Report notifying EPA that waste shipment records signed by owners/operators of disposal sites were not received by waste gene rators within 45 days of the date of waste acceptance by initial transporters. e The rule requires sources to submit a control device maintenance plan for any air cleaning devices that cannot be inspected on a we ekly basis. EPA assumes 10% of sources will submit such maintenance plans. f Sources are required to submit reports if discrepancies between designated waste shipment and actual received quantities are not resolved with waste generators

. g Active waste disposal sites are required to report the presence of improperly enclosed or uncovered waste, or any asbestos

- containing waste material not sealed in leak

- tight containers, and submit the waste shipment record. h EPA assumes respondents will submit reports for improperly contained waste twice per year. i EPA assumes asbestos

- containing waste will not be excavated at any disposal site. j EPA assumes approximately 4 million cubic yards of waste shipments will be recorded annually for all demolition/renovation contractors, and that each load will be about 20 cubic yards. This would result in approximately 200,000 loads annually (4 million cubic yards/20 cubic yard s per load). Averaged out over all 8,613 contractors, we estimate approximately 23 load s per contractor per year (200,000 loads/8,613 contractors = 23.2 loads per contractor, or 24 after rounding up to the nearest whole integer). k Based on Agency experience with the rule, operations generally cease from late fall into winter. We thus assume the burden for this activity will be negligible. l EPA assumes sources will have an average of 2.5 control devices requiring monitoring, and that will operate for 255 days over 51 weeks, annually. m EPA assumes all existing contractors (8,613) and new contractors entering the market for the first time (28) will spend resources annually on training due to em ployee turnover and new hires. n EPA anticipates there will be no direct costs to respondents to train inspectors for Method 9 certification for daily visible emissions monitoring. o EPA anticipates there will be no burden for waste disposal

- related training.21

**Table 2: Average Annual EPA Burden and Cost** 

**– NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)** 

**Burden item A**  **B C**  **D E**  **F G**  **H**

**EPA person**  **- hours**  **per occurrence Annual** 

**occurrences per**  **respondent EPA** 

**person -**  **hours per respondent**  **per year (AxB)**  **Respondents**

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual** 

**cost ($)**  **b** 1. Asbestos converting operations A. Notification and application for construction 80 1 80 0 0 0 0 0 B. Report on sample analyses performed during initial 90 days of operation 1 1 1 0 0 0 0 0
C. Quarterly operations and mo nthly sample analysis report 0.5 4 2 2 4 0.2 0.4 209.36 2. Spraying operations c A. Notification of commencement of operations using materials containing >1% asbestos N/A
B. Excepted waste shipment report N/A 3. Demolition/renovation A. Notification of intent to demolish or renovate 0.25 9 2.25 8,613 19,379.25 968.96 1,937.93 1,014,309.95 B. Renotification due to change 0.25 2 0.5 8,613 4,306.5 215.33 430.65 225,402.21 C. Excepted waste shipment report 0.5 3 1.5 8,613 12,919.5 645.98 1,291.95 676,206.63 4. Milling, manufacturing, and fabricating A. Control device maintenance plan 0.25 1 0.25 40 10 0.5 1 523.4 B. Semiannual visible emissions report 0.1 2 0.2 400 80 4 8 4,187.2 C. Excepted waste shipment report 0.5 1 0.5 400 200 10 20 10,468 D. New source report 0.5 1 0.5 0 0 0 0 022

**Burden item A**  **B C**  **D E**  **F G**  **H**

**EPA person**  **- hours**  **per occurrence Annual** 

**occurrences per**  **respondent EPA** 

**person -**  **hours per respondent**  **per year (AxB)**  **Respondents**

**per year a**  **Technical**

**hours per year**  **(CxD) Managem**  **ent**

**hours per year**  **(Ex0.05) Clerical** 

**hours per year**  **(Ex0.10) Annual** 

**cost ($)**  **b** 5. Asbestos

- containing waste disposal sites A. New source report 0.5 1 0.5 10 5 0.25 0.5 261.7 B. Waste generator reports 4 1 4 560 2,240 112 224 117,241.6 C. Waste disposal discrepancy report 0.5 1 0.5 560 280 14 28 14,655.2 D. Improperly contained waste report 0.5 2 1 560 560 28 56 29,310.4 E. Notification of excavation of asbestos materials 2 1 2 0 0 0 0 0 F. Facility closure report 1 1 1 10 10 0.5 1 523.4 **TOTAL ANNUAL BURDEN AND COST (ROUNDED) 45,993**  **2,093,299** N/A

– Not Applicable **Assu mptions:**  a EPA estimates an average of 9,575 existing sources will be subject to the rule over the next 3 years. On average during this period, 38 new sources per year will become subject, while 10 existing sources per year will close and will cease to be subject to th e rule. The net total is 9,603 sources per year (9,575 + 38

- 10 = 9,603). The following is a detailed breakdown of the four source categories:
 2 existing asbestos converting sources. No new sources are expected.
 8,613 existing asbestos demolition/renov ation sources. EPA assumes an increase of 28 new sources per year.
 400 existing asbestos milling, manufacturing, and fabricating sources. No new sources are expected.
 1,119 municipal/Subtitle D landfills nation

- wide, of which 50%, or 560 sources, will receive asbestos

- containing wastes subject to the rule. No net grow th will occur because an estimated 10 sites will close annually, while an estimated 10 sites will become subject to the rule by commencing acceptance of asbestos

- containing wastes. b This ICR uses the following labor rates: $46.67 (technical), $62.90 (managerial), and $25.25 (clerical). These rates are from the Office of Personnel Management (OPM), 2014 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. c EPA does not expect any spray operation sources will become subject to the rule over the next three years

.