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 0111.13, 

OMB Control Number 2060-0101

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos 

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 conversion 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. 

The monitoring, recordkeeping, and reporting requirements outlined in these rules are 

similar to those required for other NESHAP regulations. Consistent with the NESHAP General 

Provisions (40 CFR part 61, subpart A), respondent are required to submit initial notifications;

Conduct performance tests, and submit semiannual reports. They are required to submit 

semiannual reports of instances when visible emissions are observed at any time during the sixmonth period. They are also required to maintain records of applicability determinations; 

Performance test results; exceedances; periods of startup, shutdown, or malfunction; monitoring 

records; and all other information needed to determine compliance with the applicable standard. 

Any owner/operator subject to the provisions of this part shall maintain a file of these 

measurements, and retain the file for at least five 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 U. S.

Environmental Protection Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an average of 10 affected 

facilities at each plant site, and each plant site has only one respondent (i.e., the owner/operator of 

the plant site).

Over the next three years, an average of 9,517 respondents per year will be subject to the 

standard, 38 additional respondents per year will become subject to the standard, and 10 

respondents will no longer be subject to the standard due to facility closure. 

All of the asbestos facilities in the United States are owned and operated by the Asbestos 

industry (the “Affected Public”). None of the facilities in the United States are owned by any 
2

official entities, including state, local, tribal or the Federal government. They are all privatelyowned, for-profit businesses. The burden to the “Affected Public” may be found below in Table 1: 

Annual Respondent Burden and Cost - NESHAP for Asbestos (40 CFR Part 61, Subpart M)

(Renewal). The burden to the “Federal Government” is attributed entirely to work performed by

either Federal employees or government contractors. This burden may be found below in Table 2: 

Average Annual EPA Burden and Cost - NESHAP for Asbestos (40 CFR Part 61, Subpart M)

(Renewal).

The active (previous) ICR had the following “Terms of Clearance” (TOC):

“This ICR renewal is approved for three years. Prior to resubmission of this

collection of information for renewal, the Agency is reminded to update 

 estimates of the respondent universe and burden associated with this collection.”

EPA has addressed each item of concern in the TOC by updating the respondent universe 

and the burden calculations for both the “Affected Public” and the Federal government

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 (HAP). These standards are applicable to new or existing sources of HAP 

and shall require the maximum degree of emission reduction. In addition, section 114(a) states 

that the Administrator may require any owner or 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 the demolition and renovation of 

asbestos-containing structures, the disposal of asbestos waste, asbestos waste conversion 

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 standards 

were promulgated for this source category at 40 CFR part 61, subpart M.
3

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. In addition, 

the collected information is 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 tests, a record of the 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 ensure that the pollution control devices are properly 

installed and operated, that leaks are being detected and repaired, and that the standards are being 

met. The performance test may also be observed.

The periodic reports on waste management required for all sources and the semiannual 

compliance certifications required for asbestos mills, manufacturing and fabricating sources in the 

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

operation and maintenance procedures, and for compliance determinations.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 61, subpart M.

3(a) Non-duplication

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 their 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 (76 FR 26900) on May 9, 2011. 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 
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provisions in the standard, is the Online Tracking Information System (OTIS) which is operated 

and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, 

maintenance, and retrieval of all compliance data. The growth rate for the industry is based on our 

consultations with the Agency internal industry experts.

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standard as it was being developed and the standard 

has been previously reviewed to determine the minimum information needed for compliance 

purposes. In developing this ICR, we contacted both the Waste Business Journal, at (619) 

793-5190, and the Asphalt Roofing Manufacturers Association (ARMA), at (202) 207-1121. 

No comments were received on this ICR.

It is our policy to respond after a thorough review of comments received since the last ICR 

renewal as well as to those submitted in response to the first Federal Register notice.

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.

These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to the 

standards. EPA believes that the five-year records retention requirement is consistent with the part 

70 permit program and the five-year statute of limitations on which the permit program is based. 

The retention of records for five years allows EPA to establish the compliance history of a source, 

any pattern of non-compliance, and to determine the appropriate level of enforcement action. 

EPA has found that the most flagrant violators have violations extending beyond the five years. 

In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records. 

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 (CBI) (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).
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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 of facilities; the disposal of asbestos waste; asbestos milling; 

manufacturing and fabricating; use of asbestos on roadways; asbestos waste conversion facilities; 

and the use of asbestos insulation and sprayed-on materials. The United States Standard Industrial 

Classification (SIC) codes for the respondents affected by the standards, which correspond to the 

North American Industry Classification System (NAICS) codes, are listed below.

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
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Standard (40 CFR, Part 61, Subpart M) SIC Codes NAICS 

Codes

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 recorded or reported is required by the NESHAP for Asbestos (40 

CFR Part 61, Subpart M).

A source must make the following reports:

Notifications

Notification and application of construction or modification 61.07, 61.155(a)(1)

Notification of actual startup 61.09

Notification physical or operational change which may increase 

the emission rate. 61.15

Notification of performance tests results 61.13(f)

Notification of emissions testing 61.13(c)

Application for waiver of testing 61.13(i)(l), 61.13(i)(2)

Notification requirements by demolition and renovation 

sources

61.145(b)

Notification of startup spraying operations 61.146(b)

Reports

Waste conversion operations (Quarterly reports of operations 

and monthly product composite samples) 61.155(g)(2)

A source must keep the following records:

Recordkeeping 

Startup, shutdowns, malfunctions, periods where the 

continuous monitoring system is inoperative 61.14(f)

Visible emission monitoring and air cleaning device 

inspections

61.13(g), 61.142(b)(3), 

61.144(b)(5), 61.147(b)(5)
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Recordkeeping 

Record of operations including temperature when not wetting 

by demolition and renovation sources

61.145(c)(7), 

61.149(c)(1)(iii)

Waste shipment records 61.149(3)(1), 61.150(d)(1), 

61.154(e)(1)

Records of monitoring and inspection records are required to be 

retained for 5 years

61.144(b)(7), 

61.145(c)(7)(iii), 

61.147(b)(7), 61.149(e)(4), 

61.150(d)(5), 61.155(e)(4)

Startup and initial 90 days of operations by asbestos conversion 

operations 61.155(c)(8)

Training 61.145(c)(8)

Waste management data of the asbestos-containing materials 

disposed at landfills such as its location, volume, etc., on a map 61.154(f)

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 not widely 

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

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.
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Respondent Activities

Transmit, or otherwise disclose the information.

Currently, sources are using monitoring equipment that provides 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, excess emissions reports, 

required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to 

determine whether the pollution control devices are properly installed and operational. Performance 

test reports are used by the Agency to discern a source’s initial capability to comply with the 

emission standard, and note the operating conditions under which compliance was achieved. Data 

and records maintained by the respondents are tabulated and published for use in compliance and 

enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained 

by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and 

retrieval of compliance data for approximately 125,000 industrial and government-owned 

facilities. EPA uses OTIS for tracking air pollution compliance and enforcement by local and state 

regulatory agencies, EPA regional offices, and EPA headquarters. EPA-delegated authorities can 

edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for five

years.
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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 

below in 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

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. Wherever 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 226,407 (Total Labor Hours from Table 1 below). 

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 $121.42 ($57.82 + 110%)

Technical $99.14 ($47.21 + 110%)

Clerical $49.81 ($23.72 + 110%)
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These rates are from the United States Department of Labor, Bureau of Labor Statistics, 

September, 2011, “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 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 operation and maintenance costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported 

information. The EPA 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 

$2,069,541 (rounded).

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

Managerial $62.27 (GS-13, Step 5, $38.92 x 1.6)

Technical $46.21 (GS-12, Step 1, $28.88 x 1.6)

Clerical $25.01 (GS-6, Step 3, $15.63 x 1.6)

These rates are from the Office of Personnel Management (OPM), 2011 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, approximately 9,489 respondents will be subject to the 

standard the next three years. It is estimated that an additional 38 respondents per year will 

become subject. The overall average number of respondents, as shown in the table below, is 9,517

per year (rounded).

The number of respondents is calculated using the following table which addresses the 
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three years covered by this ICR.

Number of Respondents

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 Closure2

(E)

Number of 

Respondents

(E=A+B+C-D)

1 38 9,461 0 10 9,489

2 38 9,489 0 10 9,517

3 38 9,517 0 10 9,545

Average 38 9,489 0 10 9,517

1 New respondents include sources with constructed, reconstructed and modified affected facilities. In this ICR, it also includes a 

source that would be submitting an application for construction of asbestos waste conversion operations that is denied by the 

agency.

2Ten landfills 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 9,517.

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

A. Converting Materials into Non-asbestos

Material 

 i. Application for construction 1 1 1 1

B. Demolition and Renovation

 i. Notification of intent to demolish or 

renovate 8,557 9 0 77,013

 ii. Re-notification due to change 8,557 2 0 17,114

 iii. Excepted waste shipment report 8,557 3 0 25,671

C. Milling, Manufacturing and Fabricating

 i. Control device maintenance plan 40 1 0 40

 ii. Semiannual visible emissions report 400 2 0 800

 iii. Excepted waste shipment report 400 1 0 400

D. Waste Disposal

 i. Notification to construct 10 1 0 10

 ii. Notification of actual startup 10 1 0 10

 iii. Report to waste generator 560 1 0 560
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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

 iv. Waste disposal discrepancy report 560 1 0 560

 v. Improperly contained waste report 560 2 0 1,120

 vi. Notification of excavation of asbestos 

materials at inactive landfills 0 1 0 0

Total 123,299

The number of Total Annual Responses is 123,299.

The total annual labor costs are $21,694,083. 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 Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown below in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 226,407 at a cost of $21,694,083. 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). 

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average two hours per response.

The total annual capital/startup and O&M costs to the regulated entity are zero.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 45,924

labor hours at a cost of $2,069,541. See Table 2 below: 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 adjustment decrease in the total estimated labor hours from the most recently 

approved ICR. The decrease is due to a mathematical correction in the previously approved ICR,

which overestimated the burden for the respondents. However, there is an overall increase in labor 

costs to the respondents due to an increase in labor rates. 
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There is an increase in Agency hours and costs from the most recently approved ICR. 

The increase is due to a growth in the respondent universe in the past three years, and labor rate 

increases. This ICR uses updated labor rates for each of the three labor categories when estimating 

burden costs.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average two hours (rounded) per response. Burden means the total time, effort, 

or financial resources expended by persons to generate, maintain, retain, 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 

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

Numbers for EPA’s 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-2011-0252. 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 content of the 

docket, and to access those documents in the public docket that are available electronically. 

When in the system, select “search” than 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 Avenue, N.W., 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 Enforcement and Compliance Docket and Information Center Docket is (202) 566-1752. 

Also, you can send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer 

for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0252 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.
Table 1: Annual Respondent Burden and Cost - NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

Burden item (A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours per 

year

(Ex0.1)

(H)

Total Cost

Per year b

1. Applications N/A

2. Survey and Studies N/A

3. Reporting requirements

A. Read instructions 1 1 1 38 38 1.90 3.8 $4,187.30 

B. Required activities 

including monitoring or 

Operations

See 3D

C. Gather existing 

information See 3D, 4E 

D. Write Report

Operations converting 

materials into 

non-asbestos material 

(application for 

construction) c

80 1 80 0.33 26.4 1.32 2.64 $2,909.07 

Spraying operations N/A

Demolition and 

renovation

Notification of intent to 

demolish or renovate 1 9 9 8,557 77,013 3,850.65 7,701.3 $8,486,216.50 

Re-notification due to 

change 0.25 2 0.50 8,557 4,278.5 213.93 427.85 $471,456.47 

Excepted waste 

shipment report d 1 3 3 8,557 25,671 1,283.55 2,567.1 $2,828,738.83 

Milling, manufacturing 

and fabricating

Control device 

maintenance plan e 1 1 1 40 40 2 4 $4,407.68 

Semiannual visible 

emissions report f 1 2 2 400 800 40 80 $88,153.60 
15

Burden item (A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours per 

year

(Ex0.1)

(H)

Total Cost

Per year b

Excepted waste 

shipment report 0.1 1 0.1 400 40 2 4 $4,407.68 

Waste disposal $0.00 

Notification to construct 0.67 1 0.67 10 6.7 0.34 0.67 $738.29 

Notification of actual 

startup 0.67 1 0.67 10 6.7 0.34 0.67 $738.29 

Report to waste 

generator g 0.67 1 0.67 560 375.2 18.76 37.52 $41,344.04 

Waste disposal 

discrepancy report h 1.5 1 1.50 560 840 42 84 $92,561.28 

Improperly contained 

waste report i 1.17 2 2.34 560 1,310.4 65.52 131.04 $144,395.60 

Notification of 

excavation pf asbestos 

materials at inactive 

landfills j

2 1 2 0 0 0 0 $0 

Subtotal for Reporting 

Requirements 127,013 $12,170,255

4. Recordkeeping 

requirements

A. Read instructions See 3A

B. Plan activities See 3B

C. Implement Activities See 3B

D. Develop record system N/A

E. Time to enter and 

transmit information

Demolition and 

renovation k

Waste shipment 

records l 0.1 24 2.4 8,557 20,536.8 1,026.84 2,053.68 $2,262,991.07 

Temperature 

monitoring m 0.1 15 1.5 8,557 12,835.5 641.78 1,283.55 $1,414,369.42 
16

Burden item (A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours per 

year

(Ex0.1)

(H)

Total Cost

Per year b

Excepted waste 

shipments 0.1 3 0.3 8,557 2,567.1 128.36 256.71 $282,873.88 

Milling, manufacturing 

and fabricating n

Daily visible emissions 0.1 638 63.8 400 25,520 1,276 2,552 $2,812,099.84 

Weekly inspection of 

air cleaning devices 0.25 128 32 400 12,800 640 1,280 $1,410,457.60 

Waste shipment 

records 0.1 51 5.1 400 2,040 102 204 $224,791.68 

Excepted waste 

shipment o 0.1 1 0.1 400 40 2 4 $4,407.68 

Waste disposal 

(landfills) p

Time to file and mail 

reports See 3E, 4E

Records of waste 

shipments to 

generators

1.5 12 18 560 10,080 504 1,008 $1,110,735.36 

Copy and send site map

upon landfill closure 0.5 1 0.5 10 5 0.25 0.5 $550.96 

Record of deed once 

inactive 0.5 1 0.5 10 5 0.25 0.5 $550.96 

F. Time to train personnel 

Demolition and 

renovation refresher 

training q

8 1 8 0 0 0 0 $0 

Milling, manufacturing 

and fabricating r N/A

Waste disposal s N/A

G. Time for audits N/A

Subtotal for Recordkeeping 

Requirements 99,394 $9,523,828 
17

Burden item (A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours per 

year

(Ex0.1)

(H)

Total Cost

Per year b

TOTAL LABOR BURDEN 

AND COST (rounded) 226,407 $21,694,083

Assumptions:

a

 We have assumed that there are approximately 9,489 existing sources currently subject to this rule, an estimated 38 new sources each year will have to meet rule 

requirements, 10 existing sources per year will no longer be subject to the rule due to closure, for a total of 9,517 sources. Following is a breakdown of the three source 

categories listed above: 1) There are 8,557 sources operating at 92,790 existing demolition/renovation asbestos job sites, we have assumed that there would be an 

increase of 1 percent or 28 new sources per year. 2) We have also estimated that there are 400 existing asbestos milling, manufacturing and fabricating sources with no 

new sources expected. 3) There is an estimated 1,119 municipal/Subtitle D landfills nation-wide, of which 50 percent or 560 will be receiving asbestos-containing wastes 

that is subject to the rule. There would be no net growth due to the assumption that there would be an estimated 10 landfills closing each year and an estimated 10 landfills 

commencing to accept asbestos-containing materials that will become subject to the rule. 

b

 This ICR uses the following labor rates: $121.42 per hour for Executive, Administrative, and Managerial labor; $99.14 per hour for Technical labor, and $49.81

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, September, 2011 “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.

c

 We have assumed that the waste conversion operation is limited to one source over the three year period of this ICR for a breakdown of 0.33 (1x3) source per year. 

d

 Report to notify that the waste shipment record signed by the owner or operator of the disposal site was not received by the waste generator within 45 days to the date 

the waste was accepted by the initial transporter.

e

 We have assumed that it would take an average of three hours to develop a maintenance plan or an average of one hour per year over the three-year period. We have 

assumed that 10 percent of the asbestos milling, manufacturing and fabricating sources would submit maintenance plans.

f

 We have assumed that sources are required to submit semiannual visible emissions report two time per year.

g

 We have assumed that sources are required to submit a report if a discrepancy between the quantity of waste designated on the waste shipment records and the quantity 

actually received is not resolved with the waste generator.

h We have assumed that 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.

i We have assumed that each respondents will submit a improperly contained waste report twice a year.

j We have assumed that there will be no excavating asbestos-containing waste at any inactive disposal site.

k

 Monitoring and recordkeeping by demolition/renovation sources include: waste shipment records, monitored temperature when demolition/renovation work is 

conducted under freezing conditions and source is claiming exception from the wetting provisions.

l

 We have assumed that there would be approximately 4 (106) yd3per year waste shipments recorded for all 8,434 contractors and each load would consist of 20 yd3. 

Therefore, there would be approximately 200,000 loads per year or about 24 loads per contractor.

m

 We have assumed that approximately 15 percent of the estimated 92,790 demolitions would be performed during cold weather requiring them to take three temperature 
18

readings per day and it would take about 30 days to complete it. The average number of temperature readings per contractor would be 15 [92,790]0.15)(3)(30)/8,462].

n

 Monitoring and recordkeeping by milling, manufacturing and fabrication sources include: daily monitoring of potential sources of asbestos emissions and visible 

emissions, weekly inspections of control devices, signed copy of the waste shipment records by the disposal facilities, and records of reports. We have assumed that each 

source would have about 2.5 control devices to be monitored and would operate for 255 days or 51 weeks per year.

o

 We have assumed that each source would have one shipment of waste per week.

p

 Monitoring and recordkeeping by waste disposal sources include: compare the amount of waste designated on the waste shipment records with the amount actually 

received and undetermined as well as instances of improperly contained waste.

q

 For demolition and renovation, we have assumed that all existing operators would have employees taking the refresher training during the three-year period or 2,811 

contractor per year. We have assumed that about 50 percent of the existing contractors conducting demolitions and renovations involving asbestos (4,217 contractors) 

would spend resources each year on the initial training due to employee turnover, as well as the new contractors entering the market for the first time (about 28 per year).

r

 We have assumed no direct costs to respondents to train inspectors for Method 9 certification for daily visible emissions monitoring.

s

 We have assumed that there is no burden for training associated with waste disposal.
19

Table 2: Average Annual EPA Burden and Cost - NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

Activity (A)

Technical 

Person-hou

rs per 

occurrence

(B) 

No. of 

occurrences 

per year

(C)

Technical 

Person-hours 

per Plant per 

year

(C=AxB)

(D)

Respondents 

per yeara

(E)

Technical 

person-hous 

per year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

person-hours 

per year 

(Ex0.1)

(H)

Total Cost 

per yearb

a. Operations converting 

material into non-asbestos 

material

80 1 80 0.33 26.40 1.32 2.64 $1,368.17 

b. Spraying operations N/A

c. Demolition and 

renovation

i Notification of intent to 

demolish or renovate 0.25 9 2.25 8,557 19,253.25 962.66 1,925.33 $997,790.05 

ii Re-notification due to 

change 0.25 2 0.50 8,557 4,278.5 213.93 427.85 $221,731.12 

iii Excepted waste 

shipment report d 0.5 3 1.5 8,557 12,835.50 641.78 1,283.55 $665,193.37 

d. Milling, manufacturing 

and fabricating

i. Control device 

maintenance plan e 0.25 1 0.25 40 10 0.5 1 $518.25 

ii. Semiannual visible 

emissions reports 0.1 2 0.2 400 80 4 8 $4,145.96 

iii. Excepted waste 

shipment report 0.5 1 0.5 400 200 10 20 $10,364.90 

vii. Asbestos waste 

conversion processes 80 1 80 5 400 20 40 $20,729.80 

e. Asbestos-containing 

waste disposal (landfills)

1. Notification to 

construct 2 1 2 10 20 1 2 $1,036.49 

i. Notification of 

actual startup 2 1 2 10 20 1 2 $1,036.49 

ii. Source reports 4 1 4 560 2,240. 112 224 $116,086.88 

iii. Waste disposal 0.5 1 0.5 560 280 14 28 $14,510.86 
20

Table 2: Average Annual EPA Burden and Cost - NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Renewal)

Activity (A)

Technical 

Person-hou

rs per 

occurrence

(B) 

No. of 

occurrences 

per year

(C)

Technical 

Person-hours 

per Plant per 

year

(C=AxB)

(D)

Respondents 

per yeara

(E)

Technical 

person-hous 

per year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

person-hours 

per year 

(Ex0.1)

(H)

Total Cost 

per yearb

discrepancy report

iv. Improperly 

contained waste 

report

0.5 1 0.5 560 280 14 28 $14,510.86 

v. Site map upon 

landfill closure 1 1 1 10 10 0.5 1 $518.25 

vi. Notification of 

excavation of asbestos 

materials at a waste 

disposal site f

2 1 2 0 0 0 0 $0 

TOTAL ANNUAL BURDEN 

AND COST (rounded) 45,924 $2,069,541

Assumptions:

a

 We have assumed that there are approximately 9,489 existing sources currently subject to this rule, an estimated 38 new sources each year will have to meet rule 

requirements, 10 existing sources per year will no longer be subject to the rule due to closure, for a total of 9,517 sources. Following is a breakdown of the three source 

categories listed above: 1) There are 8,557 sources operating at 92,790 existing demolition/renovation asbestos job sites, we have assumed that there would be an 

increase of 1 percent or 28 new sources per year. 2) We have also estimated that there are 400 existing asbestos milling, manufacturing and fabricating sources with no 

new sources expected. 3) There is an estimated 1,119 municipal/Subtitle D landfills nation-wide, of which 50 percent or 560 will be receiving asbestos-containing wastes 

that is subject to the rule. There would be no net growth due to the assumption that there would be an estimated 10 landfills closing each year and an estimated 10 landfills 

commencing to accept asbestos-containing materials that will become subject to the rule. 

b

 This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for 

Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6), and $25.01 Clerical (GS-6, Step 3, $15.63 x 1.6). These rates are from the 

Office of Personnel Management (OPM) “2005 General Schedule” which excludes locality rates of pay.

c

 We have assumed that the waste conversion operation is limited to one source over the three year period of this ICR for a breakdown of 0.33 (1x3) source per year. 

d

 We have assumed that it will take one-half of an hour to complete the excepted waste shipment report.

e

 We have assumed that 10 percent of respondents will each take 0.25 hours to review the control device maintenance plan.

f

 We have assumed that there will be no notification of excavation of asbestos materials at a waste disposal site.