**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 0111.1 3 , 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, promulg ated on November 20, 1990 (55 FR 48414), and amended on July

20, 2004 (69 FR 43324). These regulations appl y to demolition and renovation of facilities; the disposal of asbestos waste; asbestos milling, manufacturing and fabricating; the use of asbestos on roadway s; 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 s ubmit semiannual reports. They are required to submit semiannual reports of instances when visible emissions are observed at any time during the six

month period. They

are also required to maintain records of applicability determinations; Performance t est 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 d elegated authority , the reports are sent directl y to the U

. S

. Environmental Protection Agency (EPA) regional office. Based on our consultations with industry r epresentatives, 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 ye ars, an average of 9,5 17 respondents per ye ar will be subject to the standard, 38 additional respondents per ye ar will become subje ct to the standard , and 1 0 respondents will no longer be subject to the s tandard due to facility closure

. All of the asbestos facilities in the United States are owned and operated by the A sbestos industry (the “Affected Public”). None of the facilities in the United States are owned by any2

official entities, including state, local, tribal or the Federal government. They are all privatel yowned , for

- profit businesses. The burden to the “Affected Public” may b e 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 G overnment ” is attributed entirel y to wor k performed b y either F ederal emplo yees 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) IC R had the following “Term s of Clearance” (TOC): “This I CR renewal is approved for three years. Prior to resubmission of this collection of information for renewal, the Agency is reminded to update e stimates of the respondent universe and burden associated with this collectio n.” 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 Collectio**  **n** 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 o wner or operator subject to any requirement of this Act to: (A) Establish and maintain such rec ords; (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 p eriods, 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 acco rdance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonabl y 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 reasonabl y b e anti cipated 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. Inaddition, 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 i nitial 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 parame ters 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 subj ect to the requirements of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properl y 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 p roblems 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 directl y to the d elegated state or local agency
. If a state or local agency h as adopted their own similar standards to implement the Federal standards, a cop y of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required b y 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 IC R was published in the Federal Register (7 6 FR 269 00 ) 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 reporting4

provisions in the standard, is the Online Tracking Information Sy stem (OTIS) which is operated and maintained b y 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 i s 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 compl iance purposes. In developing this I CR , 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 I CR

. It is our polic y t o respond after a thorough review of comments received since the last ICR renewal as well as to those submitted in response to the f irst Federal Register n otice. **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 b y these standards was collected less frequentl y, 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 cons istent with the General Provisions as applied to the standards. E PA believes that the five

- ye ar records retention requirem ent is consistent with the part 70 permit program and the five

- ye ar statute of limitations on which the permit p rogram 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 i nformation submitted to the Agency for which a claim of confidentiality i s 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 b y 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).5

**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 roadway s; asbestos waste conversion facilities; and the use of asbestos insulation and sprayed

- on materials. The United States Standard Industrial Classification (SI C) codes for the respondents af fected by the standards, which correspond to the North American Industry Classification System (NAI CS) codes, are listed below

.

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

- Family

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

Housing Construction (except Operative Builders) 1522, 8741 236116 Industrial Building Construction 1531, 1541, 1629, 8741 236210 Highway , Street , and Bridge Construction 1611, 1622, 1721, 8741 237310 Other Heav y and Civil Engineering Construction 1622, 1629, 1799, 8741 237990 Water and Sewer Line and Related Structures Construction 1623, 1629, 1781, 8741 237110 Remediation Services 1799, 4959 56291 Dry wall and Insulation Contractors 1742, 1743 238310 Poured Concrete Foundation and Structure Contractors 1771 2381106 **Standard (40 CFR, P**  **art 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 phy sical or operational change which may i ncrease 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)7 **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

agenci es in cooperation with the respondents continue to create reporting sy stems to transmit data electronically . However, electronic reporting s ys tems are not widel y 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 sy stems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing and providing information. Adjust the existing way s to comply with any previously applicable instructions and requirements. Train personnel to be ab le to respond to a collection of information.8 **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 s ys tem). Although personnel at the source still need to evaluate the data, this ty pe 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, analy sis, 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, anal yz e, and maintain data in the On line Tracking Information Sy stem ( OTI S )

. **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 properl y i nstalled and operational. Performance test reports are used b y 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.
In formation contained in the reports is entered into OTI S which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and re trieval of compliance data for approximately 125,000 industrial and government

- owned facilities. E PA uses OTIS for tracking air pollution compliance and enforcement by l ocal and state regulatory

agencies, EPA regional offices, and EPA headquarters. EPA

- d elegated a uthorities can edit, store, retrieve and analyze the data. The records required b y this regulation must be retained by the owner or operator for five ye ars.9

**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 ty pes of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum 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

f or each inform ation collection activity w ithin 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 I CR. 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 t o be 22 6 , 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 I CR uses the following labor rates: Managerial $ 121.42 ($ 57.82 + 110%) Technical $ 99.14 ($ 47.21 + 110%) Clerical $ 49.81 ($2 3.72 + 110%)10

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September , 20 11 , “ Table 2 : Civilian Workers, by O ccupational and Industry group. ” The rates are from column 1, “ Total C ompensation. ” The rates have been increased by 110 percent to account for the benefit packages available to those employed b y private industry

.

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

**(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs** The only type of industry costs asso ciated 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 anal ys is 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 co llected 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 hourl y labor rate as follows: Manag erial $ 62.27 (GS

- 13, Step 5, $3 8.92 x 1.6) Technical $ 46.21 (GS

- 12, Step 1, $2 8.88 x 1.6) Clerical $2 5.01 (GS

- 6, Step 3, $1 5.63 x 1.6) These rates are from the Office of Personnel Management (OPM) , 20 11 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 emplo ye es
. 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 ye ar will become subject

. The overall average number of respondents, as shown in the table below, is 9, 5 17 per year (rounded). The number of respondents is calculated using the following tab le which addresses the11

three ye ars covered b y this I CR. **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 Closure 2 (E) Number of Respondents (E=A+B+C

- D)

1 38 9, 461 0 10 9, 489 2 38 9, 489 0 10 9, 5 17 3 38 9, 5 17 0 10 9, 545 Average 38 9, 489 0 10 9, 5 17
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 th e agency. 2 Ten landfills are expected to close over the next three years and will no longer be subject to the rule. Column D is sub tracted to avoid double

- counting respondents . As shown above, the average Number of Respondents over the three

- ye ar period of this ICR is 9, 5 17

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

Number of Responses (D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports (E) Total Annual Responses E=(BxC)+D 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, 5 57 9 0 77 , 013 ii. Re

- notification due to change 8, 5 57 2 0 17, 114 iii. Excepted waste shipment report 8, 5 57 3 0 25, 6 71 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 56012 **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 $ 21,6 94 , 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 b urden and cost over next three ye ars is estimated to be 45, 924 labor hours at a cost of $ 2,06 9 , 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 recentl y approved ICR . The decrease is due to a mathematical correction in the previously approved I CR , 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.13

There is an increase in Agency hours an d costs from the most recentl y approved I CR. The increase is due to a growth in the respondent universe in the past three years, and labor rate increases

. This IC R 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 sy stems for the purposes of collecting, valid ating, 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 estimate s, and any s uggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R 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 t o access those documents in the public docket that are available electronicall y. When in the system, select “search” than key i n the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement a nd 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 , exclu ding legal holiday s. 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

- 17 52

. Also, you can send comments to the Office o f 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 corr espondence. **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 person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **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 o perations 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 $88,153.6015 **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 person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **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 Im properly contained wa ste 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 Tem peratur e mo nitoring m 0.1 15 1.5 8,557 12,835.5 641.78 1,283.55 $1,414,369.4216 **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 person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **person hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **hours per year**  **(Ex0.1) (H**  **)**

**Total Cost Per year b** 

E xcepted waste shipments 0.1 3 0.3 8,557 2,567.1 128.36 256.71 $282,873.88 Milling, m anufacturing 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 ship ment 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 $9,523,82817 **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 person**  **** **hours per year**  **(E=CxD) (F)** 

**Managem ent**  **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** 

**Assu mptions:**  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, 5 17 sources. Following is a breakdow n of the three source categories listed abo ve: 1) There are 8, 5 57 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 wh ich 50 percent or 560 will be receiving asbestos

- containing wa stes that is subject to the rule. There wo uld be no net growth due to the assumption that there wo uld 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 Statisti cs, Septem ber , 20 11 “ Table 2. Civilian Workers, by O ccupational and I ndustry group. ” The rates are from column 1, “ Total C om pensation. ” 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 wa ste generator within 45 days to the date the waste was accepted by the initial tran sporter. 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 so urces 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 wa ste 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 wast e, 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 conditi ons and source is claiming exception from the wetting provisions. l We have assumed that there would be approximately 4 (10 6 ) yd 3 per year waste shipments recorded for all 8,434 contractors and each load would consist of 20 yd 3. 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 tem perature18

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 r ecords of reports. W e 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 d esignated 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 ref resher 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 renovation s involving asbestos (4,217 contractors) wo uld 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 emis sions 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 year**  **a (E)** 

**Technical person**  **- hous**  **per year (E=CxD)**  **(F)**

**Managem ent**  **person -**  **hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **- hours**  **per year (Ex0.1**  **) (H)** 

**Total Cost per year**  **b**

a. Operations converting material into non

- asbestos material 80 1 80 0.33 26.4 0 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 wa ste 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 i i. 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 $14,510.8620

**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 year**  **a (E)** 

**Technical person**  **- hous**  **per year (E=CxD)**  **(F)**

**Managem ent**  **person -**  **hours per year**  **(Ex0.05) (G)** 

**Clerical person**  **- hours**  **per year (Ex0.1**  **) (H)** 

**Total Cost per year**  **b**

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

a sbestos materials at a waste disposal site f 2 1 2 0 0 0 0 $0

**TOTAL ANNUAL BURDEN AND COST (rounded)**  **45, 924**  **$2,06 9,541** 

**Assu mptions:**  a We have assumed that there are approximately 9,489 existing sources currently subject to this rule, an estimated 38 new sourc es 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 breakdow n of the three source categories listed above: 1) There are 8, 5 57 sources operating at 92,790 existing demolition/renovation asbestos job sites, we have assumed that there would be an increase of 1 p ercent 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 wa stes that is subject to the rule. T here wo uld be no net growth due to the assumption that there wo uld be an estimated 10 landfill s 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 w hich incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $ 62.27 for Managerial (GS

- 13, Step 5, $3 8.92 x 1.6), $4 6.21 for Technical (GS

- 12, Step 1, $2 8.88 x 1.6), and $2 5.01 Clerical (GS

- 6, Step 3, $1 5.63 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 bre akdown 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 sh ipment 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.