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 on 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 notifications, 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 system 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 least 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 years, an average of 9,575 existing respondents per year 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 currently active ICR 

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 converting facilities, and the use of asbestos insulation and 

sprayed-on materials. The burden to the Affected Public may be found in Table 1: Annual 
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Respondent Burden and Cost – NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal). 

The burden to the “Federal Government” burden is attributed entirely to work performed by 

federal employees or government contractors, and may be found in Table 2: Average Annual 

EPA Burden and Cost – NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal).

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. In addition, section 

114(a) states that the Administrator may require any owner/operator subject to any requirement 

of this Act to: 

(A) Establish and maintain such records; (B) make such reports; 

(C) install, use, and maintain such monitoring equipment, and use 

such audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control 

equipment parameters, production variables or other indirect data

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, asbestos emissions from 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 roadways,

and the use of asbestos insulation and spray materials cause or contribute to air pollution that 

may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP 

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 were promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial 

capability to comply with the emission standard. Continuous emission monitors are used to 

ensure compliance with the standard at all times. During the performance test, a record of the 
3

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 properly 

installed and operated and that the standard is being met. The performance test may also be 

observed.

The required periodic reporting on waste management and semiannual compliance 

certifications are used to determine periods of excess emissions, identify problems at the facility, 

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 directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated 

state or local agency. If a state or local agency has adopted its own similar standards to 

implement the Federal standards, a copy of the report submitted to the state or local agency can 

be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no 

duplication exists.

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

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register (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 Compliance. 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 information 
4

needed for compliance purposes. For the current renewal, EPA contacted both the 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 frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by 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, Chapter 1, Part 2, 

Subpart B - Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 

1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR

17674, March 23, 1979).

3(g) Sensitive Questions

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 (SIC) codes and corresponding North 

American Industry Classification System (NAICS) codes for the respondents affected by the 

standard are listed 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 System 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

Drywall 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 by the NESHAP for 

Asbestos (40 CFR 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 

milling, 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 asbestos milling, 

manufacturing, and fabricating and waste disposal sites)

61.153(a), 61.10

Improperly 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 product composite sample analyses conducted 

during initial 90 days of operation (applicable to asbestos 

converting sites)

61.155(g)(1)

Quarterly reports of operations and monthly product 

composite samples (applicable to asbestos converting sites)

61.155(g)(2)

Upon facility closure, provide asbestos waste disposal 

locations and quantities (applicable to waste disposal sites)

61.154(h)
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A source must keep the following records:

Recordkeeping 

Daily visible emissions monitoring and air cleaning device 

inspections, including two-year records retention (applicable 

to asbestos milling, 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 twoyear 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

reports and two-year 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 weekly 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-year retention (applicable to 

asbestos converting sites)

61.155(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)

61.151(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 the respondents continue to create reporting 

systems to transmit data electronically. However, electronic reporting systems are still not 

widely used. At this time, it is estimated that approximately 10 percent of the respondents use 

electronic reporting.

(ii) Respondent Activities
8

Respondent Activities

Read instructions.

Perform initial performance test (transmission electron microscopy).

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

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

maintaining information.

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

providing information.

Adjust the existing ways to comply with any previously applicable instructions and 

requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently sources are using monitoring and reporting equipment that provide parameter 

data in an automated way (e.g., continuous parameter monitoring system). Although personnel 

at the source still need to evaluate the data, this type of monitoring equipment has significantly 

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, including performance test reports and excess emissions 

reports, required to be submitted by industry.
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Agency Activities

Audit facility records.

Input, analyze, and maintain data in Integrated Compliance Information System (ICIS) 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 properly installed and operated. 

Performance test results included in the composite product sample analysis reports submitted by

asbestos converting sites are used by the Agency to discern a source’s capability to comply with 

the emission standard. Data and records maintained by the respondents are tabulated and 

published for use in compliance and enforcement programs.

Information contained in the reports is reported by state and local governments in the 

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial 

and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and 

enforcement by 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 by this regulation must be retained by 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. Due to technical considerations involving the process operations 

and the types 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 

requirements 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 for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and 

major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 292,050 (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 program, the previously

approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $129.93 ($61.87 + 110%) 

Technical $103.97 ($49.51 + 110%)

Clerical $51.79 ($24.66 + 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 by 110 percent to account for 

the benefit packages available to those employed by private industry.

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

The only costs to the regulated industry resulting from information collection activities 

required by 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 analysis of the reported 

information. EPA's overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be 

$2,093,300. 

This cost is based on the average hourly labor rate as follows:

Managerial $62.90 (GS-13, Step 5, $39.31 + 60%) 

Technical $46.67 (GS-12, Step 1, $29.17 + 60%)

Clerical $25.25 (GS-6, Step 3, $15.78 + 60%)

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. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Asbestos 

(40 CFR Part 61, Subpart M) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately 

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 year.

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR.

Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of New 

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents 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 9,575
12

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, ten asbestos-containing waste disposal sites are expected to close over the next three years 

and will no longer be subject to the rule.

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 9,603. 

The total number of annual responses per year 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 25,839
13

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 is 124,090.

The total annual labor costs are $29,370,000. 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 found 
14

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 average 2 hours 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 of $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, respectively.

During the preparation of this ICR, EPA identified several discrepancies related to rule 

reporting/recordkeeping requirements and associated burdens. We have updated the respondent 

and Agency burden tables accordingly in order to reconcile the discrepancies. For example, the 

previous ICR did not correctly 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 reporting 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 average 2 hours per response. Burden means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, or disclose or provide information 

to or for a Federal agency. This includes the time needed to review instructions; develop, 

acquire, install, and utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and 

requirements; train personnel to be able to respond to a collection of information; search data 

sources; complete and review the collection of information; and transmit or otherwise disclose 

the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a 
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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 need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OECA-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 comments, 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 is (202) 566-1927. 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 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.
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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)

Management 

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 

monitoring 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 

monthly 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 8,964,492.22
17

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)

Management 

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

Improperly 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/A
18

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)

Management 

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 j0.1 24 2.4 8,613 20,671.2 1,033.56 2,067.12 2,390,531.26

Cold weather temperature 

monitoring 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 

monitoring k

0.1 147 14.7 0 0 0 0 0

Daily visible emissions l0.1 637.5 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 4,625.82
19

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)

Management 

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

Assumptions:

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 the 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/renovation 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 

growth 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: $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 subject 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 generators 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 weekly 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 yards per load). Averaged out over all 

8,613 contractors, we estimate approximately 23 loads 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 

employee 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)

Management

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 

monthly 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 0
22

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)

Management

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

Assumptions:

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 the 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/renovation 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 

growth 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.