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 Asbes tos 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 Stat e and local government emplo yees 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 construct ion work, including building construction, renovation, demolition, and maintenance activities, and employees who perform brake and clutch repair work are covered b y the WPR. The WPR incorporates, b y reference, the OSHA Construction Industry Standard for A sbestos (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 f ibers. Covered employ ers must also monitor employ ee 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 ye ars, medical surveillance records for the duration of employ ment of the affected employees plus 30 y ears, and training records for the duration of employ ment plus one year. Employers must also establish written respiratory protection programs and maintain procedures and records of respirator fit tests for one y ear.
2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection The records maintained as a result of this in formation col lection will provide the Environmental Pr otection Agency (EPA) with the data necessary for effec tive enforcement of the WPR, as authorized under Sections 6 and 8(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605, 2607(a)). (See Attachments A and B.)2

2(b) Use/Users of the Data The purpose of the WPR is to provide protection from adverse health effects associated with occupational exposure to asbestos for State and local government employees who are engaged in asbestos

- related construction, custodial, and brake and clutch repair activities in States that do not have OSHA

- approved State plans. L ike 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 (PEL s), 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 abo ut 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 employ ees exposed to asbestos is provided to the full extent required. EPA’s compliance officers examine the records for this purpose when conducting inspections. Addition ally , the data contained in exposure measurements records are use ful to employ ers in pinpointing areas of their operations that ma y 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 easil y go unde tected b y the employer. Records of me dical examinations are used by phy sicians who must periodically examine employees exposed to asbestos. Without records of previous medical exami nations, the phy sician may

not be able to determine whether an employee has suf fered an adverse health effect since his or her last examination. Furthermore, when s ymptoms of organic damage appear, the ph ys ician often needs information regard ing the patient’s previous medical condition in order to make an accurate diagnosis of the new problem, its apparent caus e, 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 sur veil lance in for

mation may

be used for epidemiological and diagnostic investigations to determine, for example, dose

- response relationships in diseases caused b y asbestos exposure.
3. NON - DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a) Non - Duplication EPA is not aware of an y other laws or regulations that require the gen eral 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 well3

as State and local government employ ees in the 25 States as well as Puerto Rico and the U.S.Virgin Islands that have OSH A

- approved State plans, are protected b y 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 employ ees 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 emp loy ed b y the private sector or b y a State or local government. 3(b) Public Notice Required Prior to ICR Submission to OMB Prior to submission to OMB, this I CR will be made available to the public for comment through a Federal Register notice. The publ ic will have 60 day s 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. Howev er, 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 not ice and comment as part of OSHA rulemaking efforts. EPA previously consulted with OSHA in August 2003 to discuss whether an y comments had been received or any additional activity

had taken place to determine changes in industry

burden after the regulation s 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) Effect s of Less Frequent Collection The information collection frequen cies specified by this rule are the minimum EPA considers necessary

to ensure that the health of public employees engaged in asbestos abatement activi ties is adequatel y m onitored. Initial exposure monitoring must be performed for most projects covered b y this rule, but the employ er will be able to rel y on those results for approximately

three y ears when performing similar projects. All employ ees covered b y this rule4

must receive training on an annual basis. Most of these employees must also receive annu al medical exams. These requirements are necessary to ensure that the employ ees are being adequatel y protected from asbestos hazards. 3(e) General Guidelines In formation collected as a result of this request does not violate an y of the guidelines impo sed by

5 CFR 1320.6. The requirement that records for medical surveillance and exposure monitoring be retained for more than three ye ars is permis sible under a provision contained in 5 CFR 1320.6 that expressly exempts the retention of health and medical records from limitations other wise imposed b y 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 coll ected 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 emplo yers to allow EPA access to medical r ecords 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 investig ations. 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 Classifica tion 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 en gaged in asbestos

- related constructi on, 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 Am erican Industrial Classification Sy stem (NAICS) applies to certain entities. To determine whether a State or local government emplo yer is subject to the WPR, employers must carefully examine the applicability provisions in the regulation at 40 CFR 763.121
.5

Categories NAICS

Codes Examples of Potentially Affected Entities Public Ad ministration 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 ex em

pt 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

- cont aining material. 4(b) Respondent Activities and Information Requested The WPR contains several paperwork related requirements for State and local government emplo yers in the 25 states, the District of Columbia and certain other U.S. territories covere d by

the WPR. The overall estimated potential economic impact of this rule is presented in the document entitled “Final Asbestos Worker Protection Rule Economic Anal ys is,” which is available as a part of the public version of the official record for the r ule. This I CR 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 infor mation relating to employee asbestos exposures, respiratory protection, medical surveillance, and training. The records maintained as a result of this in formation col lection will provide EPA with the data necessary for effec tive 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 pro gram 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 ye ar. Fit

- testing record summaries must include the follow i ng information:

• Name or identification of the employee tested;

• Ty

pe 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 dete rmine accuratel y the airborne concentrations of asbestos to which employ ees are exposed. Employ ers can meet this requirement through objective data that demonstrate that the product or material containing the asbestos cannot release airborne fibers in concen trations exceeding the permissible exposure limits (PEL s), historical monitoring data from similar projects that indicates that the PEL s will not be exceeded, or initial monitoring results that demonstrate that emplo yee exposures are6

below the PEL s. However, emplo yers must continue periodic exposure monitoring for employees who work in areas where exposures exceed or can reasonably be expected to exceed the PEL s. Employ ers may forgo periodic monitoring if affected employees are equipped with suppl ied

- air respirators, and EPA assumes that employ ers will choose to provide supplied

- air respirators in these instances. Employers who use objective data to demonstrate that the PEL s will not be exceeded are required to maintain records for the duration of the employ er’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 analy sis 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, pro cessing or emplo yee exposures covered b y the exemp tion. Employers must notify

all affected employees of the moni toring results, and they must notify individual employees of mon i toring results representing their personal exposures. For all measurements taken to monitor employee expo sure to asbestos, the emplo yer must maintain records of eac h 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 o peration involving exposure to asbestos that is being monitored;

• Sampling and analy tical methods used and evidence of their accuracy ;
• Number, duration, and results of samples taken;

• Ty

pe of protective devices worn, if an y; and

• Name, social securit y number, and exposure of the employees whose exposures are represented. The rule requires employers to institute a medical sur veillance program for all employees who engage in asbestos removal, renovation, and maintenance projects, or who are expos ed at or above a PEL for 30 or more day s each y ear. For each employee subject to medical surveil lance, the employer is required to maintain for the duration of employ ment plus 30 years records that contain the following information:7

• The name and social security number of the employ ee;
• A cop y of the employee’s medical examination results, including the medical history , questionnaire responses, results of an y tests, and physicians’ recommendations;

• Phy sicians’ written opinions;

• Any

employ ee medical complaints related to exposure to asbestos; and

• A cop y of the information provided to the physician. The employer must provide a copy of the phy sician’s written opin ion to the employ ee within 30 day s of his/her receipt of the opinion. In ad dition, medical surveillance records must be made available to the affected emplo ye e upon request. The rule requires that a training program be insti tuted for all emplo ye es who are likel y to be exposed above the PELs and for those employees who perform asbestos removal, renovation, maintenance or construction

- related custodial tasks. Employ ees 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 y ear beyond the last date of the worker’s emplo ym ent. Under, the rule, emplo ye rs must presume that asbestos is prese nt in thermal sy stem insulation (TSI) and surfacing material installed in buildings built prior to 1981. Employers may rebut this presumption in two way s, through the results of a building inspection that meets the requirements of the Asbestos Hazard Emer gency 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 ty pe 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 PEL s. For Class I projects, those that involve TSI, or surfacing material, an appropriatel y qualified person must certify that the alternative control method will reduce employee exposures below the PEL s 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 empl oyers 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 re spondents, with specific steps necessary to fulfill all the con ditions o f the major activity . Respondents must: A. Read and interpret regulations.8

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

-- Initiall y monitor employee exposures if objective data are not provided;

-- Periodically

monitor employees whose exposures are expecte d to exceed a PEL, unless such employ ees are provided with supplied

air respirators;

-- Notify

workers of the results of employ ee exposure monitoring; and

-- Maintain records of all exposure measurements for 30 ye ars. D. Communicate hazards to employ e es.

• Have a competent person evaluate risk associated with Class Iand II work;

• Notify

employ ees 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 employ ees exp osed above the PEL s;
• Provide employ ees with access to information and training materials;

• Maintain training records for one ye ar. 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 day s each ye ar;
• Provide information to the examining ph ys ician;

• Obtain a completed medical questionnaire from the affected employee;9 • Obtain a written opinion from the examining ph ys ician; and

• Maintain records of medical examinations for the duration of employ ment plus 30 ye ars. G. Provide access to records at employ ee 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 Agenc y ma y: (1) Perform inspections and respond to inquiries; (2) Investigate complaints and handle legal matters; and (3) Develop asbestos exposure assessments and epidemio logical/diagnostic studies. 5(b) Collection Methodology and Management Nothin g in this information collection is derived from a survey or is form

- related. EPA does not receive the data; therefore, EPA does not have an y special data collection methodology and management. All information subject to this col lection request is to be gathered and retained by the employer. The regulations specify the methods to be used for employ ee expo sure monitoring and medical surveillance, as well as the subjects to be covered in training. In general, the rule identi fies what data must be colle cted and maintained without specif yi ng 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 b y this rule are small government entities consisting of local governments (e.g., count y, 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 provi sions 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 emplo ye es. However, State and lo cal10

governments may

use private contractors for the activities cov ered b y the Asbestos Worker Protection Standard and, thus, avoid the recordkeeping burden themselves. 5(d) Collection Schedule Employers who use their own employ ees 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 ty pe of project, some or all of the info rmation collection and recordkeeping requirements must be complied with before the project commences. For example, in most instances, emplo ye rs must provide and document training for their employees before they may participate in the asbestos

- related acti vities covered b y 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 Distric t 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 requireme nt. 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 Analy sis 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 I CR (EPA, 2007) was prepared, New Jersey had since obtained an approved OSHA state plan for public sect or employees. However, in the previous I CR, 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 I CR, respondent burden calculations are based on 26 entities, because I lli nois has since adopted an approved OSHA state plan for public sector emplo ye es. Therefore, the number of affected entities was estimated following the methodology outlined in Appendices A and B of11

the economic anal ys is (EPA, 2000), but adjusted downward t o account for Illinois adopting an OSHA approved state plan. All affected construction, custodial, and brake and clutch workers, crews, and projects located in I llinois were calculated following the methodology outlined in Chapter 2 and Appendices A and B of the economic anal ys is (EPA, 2000) and removed from the t otal annual r esponse e stimates

. However, burden may be slightl y overestimated , as the Economic Anal ys is noted that the District of Columbia and territories probably account for fewer affected bui ldings and workers than an y of the other states. Ty pically , respondents will need three categories of labor to compl y with the I CR requirements: supervisory, emplo ye e (e.g., asbestos abatement worker/custodial worker or brake and clutch repair mechani c), 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 I CR are based on data and methods discussed in the Econom ic Anal ys is 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 Super visory 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 f

or 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 ) Maintai n 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

- - 0.0 8

- 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

- - 16.0012

Collection Activity Hourly Burden per Respondent Clerical Employees Super visory Industrial Hygienist Total
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 t o Physicians 0.08

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

- - - 0.0 8 6 ) Maintain Records 0.08

- - - 0.08 G ) Access t o 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 ) Traini ng 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 resp onse. a) This burden is only incurred once every five years. EPA adjusted the number of responses in Table 2 to annualize total burde n estimates in Table 3. b) This is the annualized number of hours for this requirement. The Class II and Class IV compete nt person training occurs once every five years.13

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 3 8 3 8 0 76 b ) Half

- Mask

- Face Respirators 0 2,610 2,610 0 5,220 3 ) Maintain Records f

or 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 t o 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 t o 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 64014

Collection Activity Total Annualized Responses Clerical Employees Supervisory Industrial Hygienist Total 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 perc ent of the annual number of respondents from the initial ICR will incur the burden each year to account for turnover by supervisors. Th e 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 ye ars. Thus, this is calculated by dividing the total number of affected respondents (721 large governments with industrial hygienists on staff) by five.15

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 f

or 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 3,0 83 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 t o 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 t o Records 1 ) Employee Access 461 0 0 0 461 2 ) EPA Acce ss 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 8,96016

Collection Activity Total Annual Burden Hours Clerical Employees Supervisory Industrial Hygienist Total a 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 11,330 363,52 3 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 emplo ye e level 1 . EPA estimates that 22,488 State and local governments will be affected b y these information collection activities and that these are the respondents for the ICR. However, man y of the se 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 th at 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 re levant 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 o f direct importance to the supervisor. For example, most projects will not need to employ fit testing methods, and monitoring methods presumabl y will be performed by a contracted specialist. Given these assumptions, EPA projected that, on average, the s upervisor 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 onl y in the first ye ar of the rule. To provide an annualized estimate of the burden over the three

- ye ar IC R period, EP A 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).

1 Except for brake and clutch repair workers, the estimated numbers of employees reflect the numbers of full

- time equivalents (FTEs). The estimated numbers of brake and clutch repair employees reflect the actual numbers of workers
.17

Although the initial I CR assumed that this activity would be undertaken by

supervisors only during the first ye ar of the rule, the current I CR still needs to account for turnover by supervisors. EPA is assuming that there will be a t urnover 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 anal ys is, five percent of the annual respondents will spend three hours reading and interpreting th e 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 analy sis assumes the total number of respondents to be 22,488 and an annualized estim ate 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 b y OSHA’s 1998 respiratory protection stan dard (63 FR 1152; January 8, 1998). EPA assumed that large governments 2 would have an industrial h ygi enist 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 g overnments with an industrial hygienist on staff. EPA further assumes that the respirator program will need updating every five y ears. Thus, dividing the total number of large governments b y five yi elds 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, annuall y. 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 superv isors (0.1667 hours × 2,610 fit tests). In total, workers and supervisors will need to spend 445 hours each on fit

- testing each ye ar.

2 A s defined by the Regulatory Flexibility Act, a small government is any specified government entity, excluding States, with jurisdiction over a population of less than 50,000. For purposes of this analysis, a large government would be any government entity not classified as small.18

Maintaining records of the fit tests is assumed to require five minutes of clerical time for each fit test. Thus, a to tal of 2,648 fit tests will occur annuall y (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 sectio n 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 y ears. 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 burden 3 . Furthermore, EPA assumes that large governments will incur a disproportionate amount of the hours associated with this requirement. Specificall y, EPA assumes that the number of crews employ ed b y l arge governments is proportional to the populations of large governments. Based on data in the Economic Anal ys is for this rule, EPA estimates that 54.90 percent of the total population in the 2 5 affected States, the District of Columbia and certain other U.S. territories resides in small local government jurisdictions 4 . Thus, EPA assumes that the remainder ( 45. 10 percent) reside in large government jurisdictions. This implies that 4,081 annual responses are generated under thi s requirement (9,048 crews × 45.1 0 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, onl y 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. Sp ecificall y, 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 45.1 0 percent of all affected brake and clutch shops are owned b y 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.

3 EPA assumes that small local governments hire contractors to perform industrial hygiene tasks such as this.
4 Total 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 2 6 states = 129,415

- 11,846 = 117,569 . Total population in small governments of the 2 6 states = 74,625

- 10,078 = 64,547 . Percent of the population in small governments = 64,547/117,569 = 54.90% )19

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 b y 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 Iand 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 asbesto s - 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 Iand II projects are covered b y the rule, implying a total annual burden of 3,083 supervisory hours (0.75 hours × 4,111 projects). The rule also requires employ ers 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 continuousl y over the course of the ye ar and are not generall y divided into discrete “projects.” 5 Based on data in the Economic Anal ysis, 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 (458,11 6 projects × 0.0833 hours).

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 fo r som e of the compliance requirements.20

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 employ ees (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 Anal ys is for the rule, EPA estimates that 458,116 projects will be affected b y this requirement. Multiplying by the burden per response (five minutes), results in an estimated burden of 38,176 hours of supervisory time annually

to compl y 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 Cl ass 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 employ ee hours required for training is 168,8 92. 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 IVworkers), requiring 4,136 clerical hours annually to maintain these records (49,633 × 0.0833 hours). The rule also requires employ ers to maintain training materials on file for employees to access. The burden associated wi th 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 employ ees, including new construction workers, and for workers who are exposed at or above the PEL for more than 30 day s annuall y. 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 phy sicians, (4) obtaining the phy sician’s written opinion, and (5) maintaining21

records of the medical exam. In estimating the paperwork burden for this requirement, EPA does not include the ph ys ician’s time as part of the burden estimate. EPA assumes that the phy sicians 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 C lass 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 Analy sis 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 fi ve percent. Thus, each ye ar, 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 h ours (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

- ye ar 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

- ye ar 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 annuall y. 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 unde rgo 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 questio nnaire 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 emplo yers to provide examining phy sicians with a number of pieces of information, including:

 A cop y of the OSHA Construction Standard including Appendices D, E, and I of the Standard;
 A description of the employ ee’s duties;
 The employee’s representative expos ure level;22  A description of an y personal protective equipment used by the employee; and
 In formation from previous medical exams that is not otherwise available to the phy sician. 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 work ers and 1,740 for non

- supervisory construction workers). Thus, this requirement will impose an annual burden of 241 clerical hours. The rule requires emplo yers to obtain a written opinion from the physician for each medical exam. EPA assumes that obtai ning the phy sician’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 annuall y. Thus, obtaining the phy sician’s written opinion will impose an annual burden of 241 clerical hours. The rule requires emplo yers to maintain medical records for each emplo ye e. EPA assumes that maintaining medical records will impose a five

- minute burde n 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 annuall y. 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 employ ees access to a variety of records and (b) to allow the EPA to inspect those records. EPA assumes that allowing emplo ye es 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 ye ar. Thus, employees will access records 5,534 tim es annually . This results in a total annual burden of 461 clerical hours. EPA assumes that its access to employ er records will require five minutes for both a clerical worker and a supervisor for each time the Agency accesses records. For the construct ion sector, EPA assumes that this will occur in approximately five percent of Class Iprojects 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 s hops will be inspected annually

. Based on these assumptions, EPA will access the records of 4,602 construction projects each ye ar and the records of 29 brake and clutch repair shops. Thus EPA will access records 4,631 times annually . This results in a t otal 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.23

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

- ye ar period of the ICR can be calculated as follows: 8 hours + 32 hours/5 y ears = 14.4, rounded to 14 hours per y ear. The 32 hours is the additional training beyond the 8 hours of training that occur s each ye ar (40 hours

– 8 hours = 32 hours) which is annualized over a five

- ye ar 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 y ear. 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 cours e once every five y ears. Thus, the average annual burden for training Class III and IV competent persons is 3 hours (16 hours/ 5 ye ars rounded to 3 hours). This can be applied to 26,479 supervisors that must be trained as Class III or IV competent person s, 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 p erson training will require 2,260 cleri ca l 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 I CR w ill 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 Resp ondent Costs Table 4 provides an estimate of respondent costs, based on the burden estimates (Table 3) and the following hourl y labor cost assumptions:24

• 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 h ygienist labor costs $ 54.67 per hour. The se hourl y 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 b y multiplying the respondent burden hours for each requirement b y the appropriate hourl y 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 Tota l 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 Respirato rs $0 $13,639 $19,735 $0 $33,374 C) Maintain Records f

or 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 $13 9,871 $0 $13 9,871 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 Surveillance25 Collection Activity Total Annual Hourly Industry Burden Clerical Employees Supervisory Industrial Hygienist Tota l 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 t o Phy sicians $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 $7,79 3,475 $619,411 $13,98 2 , 371 Note: Totals may not sum due to rounding

. Based on the above hourly la bor cost data, EPA has calculated the total respondent cost to be approximately

$14 million annually . This translates into a per respondent cost of $621.77 6

. The total respondent cost has decreased from the last I CR because of the reduced number of resp o ndents, 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 I CR. EPA has deter mined that onl y 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 I CR, EPA provided separate estimates for each category . However, the data in the Economic Analy sis do not allow EPA to make such a distinction in this I CR because of the expanded scope of the rule. For the construction sector, EPA assumes that five percent o f Class I projects and one percent of new construction and Class II, III, and IV projects will be inspected annuall y. For brake and clutch work, EPA assumed that one percent of all brake and clutch repair shops will be inspected annuall y. EPA further ass umes that inspections of Class I and Class II construction

6 This estimate is based on 22,488 affected State and local governments that comprise the set of respondents.26

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 r equire 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 Iconstruction projects, EP A will inspect 26 Class I projects annuall y (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 annuall y (3,592 pro jects × 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 annuall y (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 cos ts for inspections 7 . The annual salary

was then inflated by

a factor of 1.6 to account for overhead and benefits 8 . Thus, the fully loaded annual labor cost for Federal employees who will conduct the inspections under this I CR is $ 63,672 . Based on a 2,08 0 hour work y ear, the fully loaded hourly

labor cost is $ 30.61 for a GS

- 9 employ ee. 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

7 Salary figure taken from: U.S. Office of Personnel Management (OPM), 2008. 2008 General Schedule (Not I ncluding 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. Therefor e, 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, 1996.27

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 Chang e 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 currentl y in the OMB inventory, representing a decrease of approximately 10 percent . The principal reaso n for this decrease is because Illinois has adopted an OSHA

- approved state plan since the last published I CR, reducing the number of affected states from 26 to 25 (and the District of Columbia). This reduced the number of respondents b y approximately 11 p ercent, 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 analy sis (EPA, 2000) and removed from the t otal annual r esponse e stimates

. While the total burden has been reduced from the last I CR, the burden per respondent has increased to 16.16 hours, from 15.95 hours. 6(f) Burden Statement The annual public burde n 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions and requirements; train personnel to be abl e 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 re quired to respond to a collection of information unless it display s a currentl y 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 includ ed 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 the28

use of automate d collection techniques, EPA has established a public docket for this I CR under Docket ID No. EPA

- HQ

- OPPT

- 2010

- 048 7 . 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 holiday s. 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 S ys tem (FDMS) at 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 sy stem, 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

- 048 7 and OMB control number 2070

- 00 72 in any

correspondence.29

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 P ollution Prevention and Toxics Final Asbestos W orker Protection Rule Economic Analysis , Economic and Policy Anal ys is 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

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