INFORMATION REQUIREMENTS FOR EPA WORKER PROTECTION STANDARDS FOR 

HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE, EPA #1426.10

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title

EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response 

(Renewal)

ICR # 1426.10, OMB # 2050-0105

1(b) Short Characterization

This information collection request (ICR) addresses the information requirements for the U.S. 

Environmental Protection Agency's (EPA) worker protection standards for hazardous waste operations 

and emergency response under section 126(f) of the Superfund Amendments and Reauthorization Act of 

1986 (SARA). SARA section 126(a) requires the Secretary of Labor to promulgate health and safety 

standards pursuant to section 6 of the Occupational Safety and Health Act of 1970 (OSH Act), for 

employees engaged in hazardous waste operations and emergency response. Section 126(b) lists eleven 

worker protection provisions that the Secretary of Labor was directed to include in the regulation (see 

attached copy of Section 126 of SARA, PL 99-499). These provisions include preparation of various 

written programs, plans, and records, monitoring of airborne hazards, training of employees, medical 

surveillance, and the dissemination of information to employees. Certain aspects of these provisions 

necessitate the collection of information by employers whose employees are engaged in hazardous waste 

operations and emergency response. These final standards do not specify any particular method of 

information collection.

The Occupational Safety and Health Administration (OSHA) promulgated final health and safety 

standards for employees engaged in hazardous waste operations and emergency response on March 6, 

1989 (54 FR 9294); these OSHA regulations (known as HAZWOPER) are codified at 29 CFR 1910.120. 

The OSHA final regulations contain standards for all private employees, and for Federal employees 

through Executive Order 12196. Under section 18 of the OSH Act, OSHA may delegate worker 

protection programs to State authorities. The State program, however, must be at least as stringent as the 

Federal OSHA program. There are currently 23 States plus the Virgin Islands and Puerto Rico that have 

delegated OSHA programs. In these 23 States (known as State-plan States), State and local government 

employees also are covered by the State worker protection standards. Thus, in State-plan States, Federal, 

State, and local government employees, as well as private employees, are covered by worker protection 

standards at least as stringent as the Federal OSHA standards.

Section 126(f) of SARA required EPA to promulgate standards identical to those promulgated by 

OSHA pursuant to SARA section 126(a), to protect State and local government employees in States 

without delegated programs. The EPA regulation, which references the OSHA standard 29 CFR 

1910.120, is codified at 40 CFR 311 (54 FR 26654; June 23, 1989). Because the substance of the EPA 

standards is identical to the OSHA worker protection standards, the EPA standards also include provisions 

that require the collection and dissemination of information, and therefore are subject to the provisions of 

the Paperwork Reduction Act (PRA).

1(c) Terms of Clearance:

Following the renewal of ICR 1426.08, OMB gave the following Terms of Clearance (TOC): 

“When this ICR is renewed, EPA should review the respondent burden, universe, 

response number, labor rates, and capital costs and ensure these estimates have been updated.”
An extension to June 2009 was granted under ICR 1426.09 due to the difficulty in deriving an 

accurate assessment of a portion of the population affected by this ICR, volunteer fire fighters. 

An extension was granted in order for EPA to more fully and effectively research data related to 

the ICR. This ICR 1426.10 reflects updated burden estimates and a decrease of 56,203 hours from 

the previous ICR. As the program has matured and stabilized, the computer programs by which records 

are input and maintained have greatly advanced, making the burden estimate decrease from the previous 

ICR.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

SARA section 126(a) requires the Secretary of Labor to issue health and safety standards under 

section 6 of the OSH Act for the benefit of private sector employees, and through the Presidential 

Executive Order 12196, 2/26/80, Federal employees -- engaged in hazardous waste operations and 

emergency response. Federal OSHA has no authority to enforce regulations protecting State and local 

government employees. However, under section 18 of the OSH Act, a State may elect to develop and 

implement its own occupational safety and health program if: (1) the State is willing to document its 

program in a State plan, and (2) the State's requirements are at least as stringent as the Federal regulations.

SARA section 126(f) requires the EPA Administrator to issue standards for hazardous waste 

operations and emergency response that are identical to OSHA's standards. Although the two sets of 

standards contain identical substantive provisions, EPA and OSHA address different audiences. EPA's 

authority extends to State and local government employers conducting hazardous waste operations and 

emergency response in States that do not have a delegated OSHA program in effect. Currently, 27 States, 

one territory, and the District of Columbia fall under EPA's authority. (See Exhibit 1) The EPA 

regulations cover both compensated and uncompensated State and local government employees engaged 

in hazardous waste operations and emergency response.

2(b) Use/Users of the Data

This information will be used by EPA to ensure that employees engaged in hazardous waste 

operations and emergency response are trained and informed properly about potential hazards associated 

with hazardous waste operations at their workplace or during an emergency response. Fire fighters are the 

largest group of State and local government employees covered by the EPA worker protection standards. 

These standards, and the information collection and dissemination provisions they contain, will help 

ensure that these workers, along with other first responders, will be able to recognize and respond to 

incidents involving hazardous substances. The medical surveillance provisions will help to ensure that 

any ill effects from exposure to hazardous materials will be identified early, thus mitigating the potential 

severity of the illness. Failure to conduct this collection of information will significantly affect EPA's 

effort to control and reduce injuries and fatalities in the affected workplaces, and would be contrary to the 

direction provided in SARA by the U.S. Congress. EPA will use this information to audit hazardous 

waste operations and emergency response activities and to pursue potential enforcement actions related to 

worker health and safety.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

EPA coordinated the preparation of the final rule with the appropriate individuals in OSHA. 

Although the EPA and OSHA section 126 standards are identical, the employers and employees affected 

by the EPA standards differ from those affected by the OSHA standards. The OSHA standards apply to 
all Federal and private employees. The OSHA standards also indirectly cover State and local government 

employees in States that have implemented OSHA-approved plans; these public employees are actually 

protected through the State standards that must be at least as stringent as the Federal OSHA standards. 

The EPA standards apply to State and local government employees in States that do not have OSHAapproved plans; there are 27 such States and 2 territories. Therefore, it is not anticipated that any 

duplication with OSHA will result from the implementation of the EPA worker protection standards.

The EPA worker protection standards also do not duplicate provisions and requirements imposed 

by other regulations, including regulations implementing Title III of SARA. In fact, the worker protection 

provisions complement the provisions in SARA Title III (also known as the Emergency Planning and 

Community Right-to-know Act). EPA's Title I worker protection standards focus on worker safety, while 

Title III plans focus on community safety. To the extent that Title III emergency response plans satisfy 

the EPA worker protection planning requirements, they may be incorporated into the Title I plans by 

reference.

3(b) Public Notice

On May 25, 2012 (77FR31352), EPA sought comments on this ICR pursuant to 5 CFR 

1320.8(d). There were several comments received that were mistakenly assigned to this docket 

(EPA-HQ-SFUND-2005-0007) and did not apply to this ICR. 

3(c) Consultations

In addition to EPA program and regional offices, representatives of OSHA and State agencies 

participated in the Workgroup meetings. Participation of these parties in the Workgroup was sufficient to 

address and resolve all issues. OSHA representatives were able to provide other members of the 

Workgroup with information on the content and schedule for OSHA's final worker protection standards. 

State representatives provided guidance on how to avoid problems associated with the implementation of 

the EPA final standards. There were no major problems that could not be resolved. Opportunity for 

public comment was provided in the proposed rule published on October 17, 1988 (53 FR 40692). 

Non-EPA Agencies Consulted

OSHA

New Jersey Department of Environmental Protection

New Jersey State Department of Health

New York State Department of Health

3(d) Effects of Less Frequent Collection

The information collection frequencies specified in the final standard are the minimum amount 

necessary to protect workers engaged in hazardous waste operations or emergency response. Less 

frequent collections would render the final rule ineffective and be in violation of SARA. Furthermore, 

EPA had no discretion and was required to promulgate identical standards to those promulgated by 

OSHA. Still, no collected information is required to be submitted to EPA.
3(e) General Guidelines

The information collection requirements do not exceed any of the Paperwork Reduction Act 

guidelines contained in 5 CFR 1320.6.

3(f) Confidentiality 

The final rule does not require the submittal of confidential information.

3(g) Sensitive Questions

The final rule does not request any sensitive information.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/SIC Codes

This rule affects State and local governments in the 27 States and 2 territories that do not have 

OSHA-approved plans under section 18(b) of the OSH Act. (See Exhibit 1 for a list of States, territories, 

and districts covered by the EPA standards.)

EXHIBIT 1

STATES, TERRITORIES, AND DISTRICTS COVERED BY

STATES, TERRITORIES AND DISTRICTS COVERED BY THE EPA WORKER PROTECTION 

STANDARDS

State Population

(in thousands)

Alabama 4,779

Arkansas 2,915

Colorado 4,939

Delaware 897

District of Columbia 601,723

Florida 18,01

Georgia 9,687

Guam 106

Idaho 1,567

Illinois 12,803

Kansas 2,853

Louisiana 4,533

Maine 1,328

Massachusetts 6,547

Mississippi 2,967

Missouri 5,911

Montana 989

Nebraska 1,826

New Hampshire 1,316

New Jersey 8,791

North Dakota 641
Ohio 11,485

Oklahoma 3,642

Pennsylvania 12,702

Rhode Island 1,052

South Dakota 814

Texas 6,346

West Virginia 1,852

Wisconsin 5,686

Sources: U.S. Bureau of the Census, Current Estimates, 2012.

The population affected by the EPA final worker protection standards includes State and local 

governments with employees:

(1) engaged in routine hazardous waste operations at treatment, storage, or disposal (TSD) facilities 

regulated under the Resource Conservation and Recovery Act (RCRA);(2) engaged in clean-ups at 

uncontrolled hazardous waste sites, including corrective actions at RCRA TSD facilities; and (3) engaged 

in emergency response without regard to location.

4(b) Information Requested

(i) Data Items

The EPA worker protection standards (40 CFR 311) require that affected State and local 

governments whose employees engage in hazardous waste operations and emergency response, establish a 

written worker safety and health program that delineates the methods and procedures that will be used to 

protect employees engaged in hazardous waste operations and emergency response. This program is 

generic (i.e., not site-specific), and would be developed once and then periodically reviewed and updated. 

The program must address issues such as training, medical surveillance, and planning, providing a general 

approach for complying with the specific worker protection standards. Other requirements in the EPA 

worker protection standards, however, are site- or employee-specific (e.g., medical surveillance), and tend 

to require recurring activities on the part of affected employers.

This ICR requests only the collection of information for on-going respondent activities. It is 

assumed for the purposes of this ICR that the following activities, as required by the EPA worker 

protection standards, have already been completed, and are thus not included in this ICR: development of 

a written safety and health program; development of a medical surveillance program; development of a 

generic decontamination plan; and development of an employee training program. Affected State and 

local government employers, however, must continue to collect and maintain information related to the 

following regulatory requirements that are included in this ICR:

 Site-specific health and safety plans (HASPs) (for uncontrolled hazardous waste 

sites and RCRA corrective actions);

 Air Monitoring data (for uncontrolled hazardous waste sites and RCRA corrective 

actions);

 Annual employee medical exams;

 Annual employee refresher training;
 Emergency response plans; and 

 Engineering control, work practices and personal protective equipments (PPE) 

plans.

(ii) Respondent Activities

EPA assumes that all affected State and local governments developed the following plans and 

procedures during the first year of the EPA worker protection standards: health and safety programs (not 

including the site-specific HASPs); site control procedures; medical surveillance programs; 

decontamination programs; and employee training programs. EPA assumes that the burden and costs 

associated with developing these plans and programs have been incurred already and attributes to this ICR 

only the burden associated with on-going activities. For the purposes of this ICR, on-going activities 

include: 

 Developing and updating site-specific HASPs at uncontrolled hazardous waste 

sites and RCRA TSD facilities undergoing corrective action;

 Monitoring at uncontrolled hazardous waste sites and RCRA TSD facilities 

undergoing corrective action;

 Maintaining records of annual employee medical exams;

 Maintaining records of annual employee refresher training;

 Reviewing emergency response plans; and

 Reviewing engineering control, work practices and PPE plans.

Estimates of the burden hours that would be incurred by State and local governments as a result of 

collecting and assembling the information required by the EPA worker protection standards are developed 

based on the amount of time spent and the type of personnel needed to perform the required activities. 

Because EPA must comply with OSHA's worker protection standards pursuant to Executive Order 12196, 

EPA's estimates are based on both its professional judgment and its first-hand experience as a regulated 

party. The burden estimates developed for each of these on-going activities are presented in section 6(a) 

of this ICR. 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Federal, State, and Local Government Activities

The EPA worker protection standards cover State and local government employees engaged in 

hazardous waste operations and emergency response in States that do not have OSHA-approved State 

plans. Therefore, all of the respondent activities described in section 3(b)(ii) of this ICR will be 

performed by State and local government employees. The major sectors of the work force that are 

expected to be covered by the EPA standards are: (1) employees engaged in clean-ups at uncontrolled

hazardous waste sites, including corrective actions at TSD facilities regulated under RCRA; (2) employees 

engaged in routine hazardous waste operations at RCRA TSD facilities; and (3) employees engaged in 

emergency response without regard to location.
5(b) Collection Methodology and Management

Documentation demonstrating compliance with EPA's worker protection standards would remain 

at the facility or at the appropriate State or local government office and would be accessed during audits 

and used during potential enforcement actions. Employers are required to make their safety and health 

programs available to any employee or employee representative and personnel of Federal, State, and local 

agencies with regulatory authority over the site. The final standards do not specify any particular method 

of accomplishing information collection.

5(c) Small Entity Flexibility

There is a possibility that some small municipalities in non-OSHA States may be unable to afford 

the costs of compliance with the worker protection standards. These small communities have the option 

of pooling resources with neighboring communities to form a regional response capability. Furthermore, 

these municipalities also have the option of not acting as first responders to hazardous materials incidents. 

Instead, they could coordinate with the State emergency response officials (SERO) and local emergency 

planning committee (LEPC) to ensure proper hazardous materials incidents response in their 

municipalities. EPA believes that the costs and paperwork burden on small municipalities have been 

minimized and should not present a significant burden.

To facilitate the implementation of the EPA worker protection standards, EPA and OSHA 

presented nine workshops in States affected by the EPA standards. The workshops, which spanned the 

period of March 1990 to March 1991, focused on the planning, training, and medical surveillance 

requirements embodied in 29 CFR 1910.120. In addition, EPA has published five fact sheets and several 

guidance documents, and has developed two computer software programs that are available free of charge 

to facilitate the recordkeeping and planning required under the EPA/OSHA worker protection standards. 

EPA believes that this assistance should greatly enhance the ability of smaller municipalities to comply 

with the worker health and safety standards.

5(d) Collection Schedule

There is no collection schedule - all information is maintained by State and local governments.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Respondent Burden

EPA is subject to the OSHA worker protection standards (29 CFR 1910.120) and performs the 

very same activities it is requiring of State and local governments. As such, the burden hour estimates 

contained in this ICR are based on its Compliance Cost Analysis developed in support of the EPA worker 

protection rulemaking, best professional judgment, and first-hand knowledge as a regulated party.

DERIVATION OF THE NUMBER OF ENTITIES AFFECTED BY EPA STANDARDS

The estimated universe of employees and sites potentially affected by the EPA final worker 

protection standards is summarized in the sections below. The HAZWOPER standards technically affect 

four discrete groups of workers engaged in hazardous waste operations and emergency response: (1) 

clean-up operations at uncontrolled hazardous waste disposal sites that have been identified for clean-up 

by a governmental health or environmental agency; (2) routine operations at hazardous waste TSD 
facilities or those portions of any facility regulated by 40 CFR Parts 264 and 265; (3) emergency response 

operations at sites where hazardous substances have been or may be released; and (4) corrective actions at 

RCRA facilities. Because workers engaged in clean-up activities at hazardous waste sites and corrective 

actions at RCRA facilities are subject to the same requirements, this ICR combines the discussion of these 

two employee groups.

Employees Engaged in Normal Hazardous Waste Operations at RCRA TSD Facilities

The precise number of State and local personnel at RCRA-regulated facilities that may be affected 

by the EPA worker protection standards is not known. However, data do exist on the number of RCRAregulated facilities in States covered by the EPA worker protection standards that employ State and local 

personnel. EPA estimates that there are 1,395 RCRA-permitted and interim status facilities in the U.S. 

Most hazardous waste disposal sites, however, employ only private workers (i.e., not State and local 

government employees), and are unaffected by the EPA worker protection standards. EPA estimates that 

there are only 50 hazardous waste disposal sites located in the 27 States covered by EPA's worker 

protection standards whose workforce is comprised of State and local government employees.

To be conservative, EPA assumes that all employees at the 50 affected RCRA-regulated facilities 

are public employees (i.e., there are no private contractors). EPA estimates that 52,700 employees engage 

in "normal" (i.e., non-corrective actions) hazardous waste operations at RCRA-regulated TSD facilities.1 

Thus, each facility employs about 11 employees per facility (52,700/5,000 = 10.54). Therefore, EPA 

estimates that approximately 561 State and local government employees are engaged in hazardous waste 

operations at the 50 RCRA TSD facilities affected by the EPA worker protection standards. 

Affected Population for Normal Hazardous Waste Operations at RCRA TSD 

Facilities

 550 State and local government employees 

-- 11 employees per facility

 50 RCRA-regulated TSD facilities

Employees Engaged in Clean-ups at Uncontrolled Hazardous Waste Sites and Corrective Actions at 

RCRA TSD Facilities

The number of State and local government employees engaged in hazardous waste operations at 

sites undergoing corrective or remedial actions is highly variable and not known with precision. EPA 

believes, however, that the vast majority of workers at these sites are private contractors covered directly 

or indirectly by the OSHA worker protection standards. There are approximately 1,264 hazardous waste 

sites undergoing remediation annually nationwide. Some of these sites are Federal-lead, some State-lead, 

and some enforcement-lead (enforcement-lead remedial actions are overseen by a Federal or State 

enforcement authority). EPA estimates that about five percent (i.e., 63 sites) of these hazardous waste 

sites have State or local government employees at the site, and are located in States affected by the EPA 

worker protection standards. In addition, EPA estimates that the total population at risk at these 1,264

 

 

1

 Compliance Cost Analysis in Support of EPA Worker Protection Standards under section 126(f) of 

the Superfund Amendments and Reauthorization Act of 1986 (SARA), p.5.
remedial sites nationwide is 25,280 employees (about 20 workers per site).2

 Because EPA assumes that 

the number of workers at remedial sites in States affected by EPA's worker protection standards is directly 

correlated with the number of hazardous waste sites, EPA estimates that there are about 1,260 State and 

local government employees (20 workers x 63 sites) overseeing hazardous waste operations at sites in 

States affected by the EPA worker protection standards.

EPA also estimates that one-third of all RCRA-regulated TSD facilities will be required to 

perform corrective actions annually. Assuming that the State-operated TSD facilities are no different from 

other TSD facilities, EPA estimates that 17 (i.e., one-third) of the 50 affected RCRA-regulated facilities in 

States covered by EPA's standards will perform corrective actions annually. Assuming that the number of 

State and local government employees engaged in clean-up activities at these 17 sites is also 20 workers 

per site, the number of affected employees is estimated to be 340 (20 employees per facility x 17 

facilities). To be conservative, it is also assumed that the 340 State and local government employees 

performing RCRA-regulated corrective actions are not among the 550 State and local government 

employees engaged in normal RCRA TSD operations described above. Thus, EPA estimates that there 

are a total of 50 sites undergoing corrective or remedial actions in States affected by the EPA worker 

protection standards, affecting a worker population of 1,000 State and local government employees. 

Affected Population for Hazardous Waste Sites and RCRA Corrective Actions

 80 Corrective and Remedial Actions

-- 63 remedial sites

-- 17 RCRA-regulated corrective action sites

 1600 State and local government employees

-- 1,260 employees at remedial sites

-- 340 employees at TSD facilities

-- 20 employees per site

Employees Engaged in Emergency Response Without Regard to Location

There are approximately 1.5 million fire fighters employed by 30,185 fire departments in the 

United States.3 Although there are no precise estimates available of the number of employees and 

departments in each of the affected States, EPA assumes that the number of fire departments and fire 

fighters employed in a State is proportional to the State's population. Because the population of the 27 

States and 2 territories affected by the EPA worker protection standards represents about 54 percent of the 

U.S. population, EPA estimates that 810,000 fire fighters (54 percent) are employed in States and 

territories covered by EPA's worker protection regulations. EPA also estimates that 16,299 fire 

departments (54 percent) will be affected as well.

Eight years ago, there was an estimated 200 HAZMAT teams in the United States. Since the 9/11 

incident at the World Trade Center, over half a million first responders have been trained. Even today, 

extensive researching for statistics for the breakout of HAZMAT teams and number of local responders or 

 

 

2

 Compliance Cost Analysis in Support of EPA Worker Protection Standards Under section 126(f) of 

the Superfund Amendments and Reauthorization Act of 1986 (SARA), April 18, 1989, p.5.

 

3

 U.S. Fire Department Profile Through 2003. National Fire Protection Association, Quincy, 

Massachusetts, October, 2003. 
those trained for WMD scenarios is not all that well documented and easily accessible. For the purposes of 

this ICR, EPA assumes that 108 HAZMAT teams (54 percent) are in States affected by the EPA worker 

protection standards. If there is an average of ten fire fighters on each team, 1080 HAZMAT team 

members would be subject to medical surveillance and other requirements embodied in the EPA worker 

protection standards.

Fire department and police department have experience declines over the last few years due to 

budgetary constraints. EPA will tenuously assume that the number of police officers in each State affected 

by EPA's worker protection standards is directly correlated with both the population and the number of 

fire fighters in that State. Consequently, this analysis estimates that 54 percent of the police officers 

nationwide are in States that are covered by the EPA worker protection standards. EPA estimates that a 

total of 563,000 police officers may be first responders at hazardous materials transportation spills. Out of 

this group, EPA estimates that 308,000 police officers (54 percent) are covered by the EPA standards. In 

addition, EPA estimates that there are 16,000 police departments nationwide.4 Therefore, EPA estimates 

that approximately 8,640 police departments are affected by EPA's worker protection standards. 

Overall, EPA estimates that 23,900 police and fire departments are affected by the EPA worker 

protection standards. Because EPA estimates that there are a total of 908,000 State and local government 

workers who are emergency responders to hazardous waste incidents, EPA assumes that there are 

approximately 38 (908,000/23,900 = 38) State and local government employees at each police and fire 

department.

Affected Population for Emergency Response Without Regard to Location

 23,900 departments

-- 15,260 fire departments

-- 8,640 police departments

-- 108 HAZMAT teams

 908,000 fire fighters and first responders (including 1080 HAZMAT team 

members)

-- 600,000 fire fighters

-- 308,000 police officers 

-- 38 employees per department

ESTIMATED RESPONDENT BURDEN PER ACTIVITY

The following is a summary of the unit burden hours associated with each information collection 

requirement for the appropriate State and local government employers:

Maintaining Records of Annual Employee Medical Exams

The EPA worker protection standards require that certain employees exposed to hazardous 

materials in States covered by the EPA worker protection standards receive at least an annual medical 

exam. In addition, employers are required to maintain employee medical records for a period of thirty 

years following termination of employment. The requirement that employers maintain these medical 

records on an annual basis imposes a paperwork burden on the affected State and local government 

employers. Because medical records for each of the estimated 1080 HAZMAT team members in States 

affected by the EPA worker protection standards must be maintained by State and local government 

 

 

4

 This estimate is based on information received from the Police Foundation in Washington, D.C.
employers, EPA estimates that approximately 1080 annual medical exams must be recorded. EPA also 

estimates that each medical exam will require 0.25 hours (i.e., 15 minutes) of clerical time to be recorded, 

for a total burden hour estimate of about 270 hours (1080 x 0.25 hours).

The following is a summary of the unit burden hours associated with each information collection 

requirement for the appropriate State and local government employers:

Maintaining Records of Annual Employee Refresher Training

The EPA worker protection standards require that State and local government employees engaged 

in emergency response, corrective action, or normal RCRA TSD operations in States covered by the EPA 

worker protection standards receive annual refresher training. Similar to the medical recordkeeping 

process, employers also are required to document and record each employee's refresher training. EPA 

assumes that all State and local government employees engaged in emergency response, corrective 

actions, and normal RCRA TSD hazardous waste operations will be trained and that the dates and/or 

results of this training will be recorded. EPA estimates that employers will expend 0.25 hours of clerical 

time to record the results of each employee's annual refresher training. EPA estimates that the results 

from approximately 909,000 refresher training sessions must be recorded (600,000 fire fighters, 308,000 

police officers, 1,000 employees engaged in corrective and remedial actions, and 550 employees at RCRA 

TSD facilities), for a total burden hour estimate of about 227,500 hours (910,000 x 0.25 hours).

Developing and Revising Site-specific Health and Safety Plans (HASPs) at Uncontrolled Hazardous 

Waste Sites

EPA assumes that every corrective action site in States affected by the EPA worker protection 

standards will need to develop and/or update its site-specific safety and health plan (HASP) each year. A 

site-specific HASP must include a monitoring program, a site control program, a decontamination 

program, an emergency response plan, and a spill response program specifically designed to protect 

workers at the site. The development and revision of the HASP is an iterative process. EPA estimates 

that 2 hours of management time and 10 hours of technical time will be required each year to develop 

and/or revise each HASP for each of the estimated 50 corrective and remedial actions taking place in 

States affected by EPA's worker protection standards. The total burden hour estimate for this activity is 

600 hours (50 sites x 12 hours).

Monitoring at Uncontrolled Hazardous Waste and Corrective Action Sites

EPA estimates that periodic and/or personal monitoring will occur on average 50 times per year at 

each of the estimated 50 uncontrolled hazardous waste and RCRA corrective action sites in States covered 

by the EPA worker protection standards. It is estimated that each air monitoring session will require one 

hour of technical time to record. As a result, the 33 uncontrolled hazardous waste sites and the 17 RCRA 

corrective actions will expend 50 hours per year to record the results of air monitoring sessions, for a total 

burden hour estimate of 2,500 hours (50 sites x 50 hours).

Reviewing Emergency Response Plans for Fire Departments

Fire departments must review their own emergency response plans every five years. EPA 

estimates that each fire department will require 1 hour of management time and 4 hours of technical time 

to conduct its review. EPA also assumes that the emergency response programs at RCRA-regulated 

facilities are contained in the employer's contingency plan required under RCRA; therefore, the burden for 

updating the plan is not attributed to this ICR. Similarly, the emergency response plan for uncontrolled 

hazardous waste sites is part of the HASP, and is not estimated separately in this ICR. Because 
emergency response plans are reviewed every five years, the total burden for this activity is distributed 

over a five-year time period [(5 hrs x 15,260)/5] to arrive at an annual burden of 15,260 hours.

Reviewing Engineering Control, Work Practices, and Personal Protective Equipment (PPE) Plans

EPA estimates that 1 hour of management time and 3 hours of technical time will be required for 

each fire department to review its PPE plan. Because these plans must be reviewed only once every five 

years, the total burden for this activity is distributed over a five-year time period to arrive at an annual 

burden of 9,156 hours [(3 x 15,260)/5].

6(b) Estimating Respondent Costs

EPA assumes that all affected State and local governments developed programs and procedures to 

maintain the required collection of information during the first year of the EPA worker protection 

standards. It is therefore assumed that any startup costs would have been incurred at this time. Therefore, 

any additional costs (purchases of database type software or upgrading of PCs) would be part of normal 

operating procedures and not viewed as additional respondent costs for compliance with on-going 

recordkeeping. EPA is not estimating additional costs for collection other than those estimated in the 

burden hours estimate.

6(c) Estimating Federal Government Burden and Cost

Because the EPA worker protection standards apply to State and local government employees, the 

burden and costs are incurred by State and local governments. There is no burden imposed on the Agency, 

as it will not perform any of the worker protection activities associated with this rule.

6(d) Bottom Line Burden Hours and Costs

The estimated total burden hours incurred by respondents complying with the EPA worker 

protection standards are presented in Exhibit 2. Associated costs are presented in Exhibit 3.

6(e) Reasons for Change in Burden

For this ICR, the annual burden hour estimate is 255,477 hours. This represents a decrease of 

56,203 hours from the previous ICR. As the program has matured and stabilized, the computer programs

by which records are input and maintained have greatly advanced, making the burden estimate decrease 

from the previous ICR.

6(f) Burden Statement

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

estimated to average 10.69 hours per response. Burden means the total time, effort, or financial 

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

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

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

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

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

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

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

the information. An agency may not conduct or sponsor, and a person is not required to respond 
to, a collection of information unless it displays a currently valid OMB control number. The 

OMB control numbers for EPA's regulations are listed in 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-SFUND-2005-0007, which is available for online viewing at 

www.regulations.gov, or in person viewing at the [insert your Program Office docket name] in 

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, 

Washington, D.C. 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 Superfund Docket is (202) 566-0276. 

An electronic version of the public docket is available at www.regulations.gov. This site can be 

used to submit or view public comments, access the index listing of the contents of the public 

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

When in the system, select “search,” then key in the Docket ID Number identified above. Also, 

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

Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk 

Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-SFUND-2005-0007 and 

OMB Control Number 2050-0105 in any correspondence.
EXHIBIT 2: ESTIMATED BURDEN FOR AFFECTED STATE AND LOCAL GOVERNMENTS

ACTIVITY

UNIT BURDEN HOURS

(per activity)

NUMBER OF 

AFFECTED 

FACILITIES

NUMBER OF 

AFFECTED 

EMPLOYEES 

(per facility)

TOTAL BURDEN 

(hours)

MGT TECH CLER

NORMAL OPERATIONS AT RCRA-REGULATED TSD FACILITIES

Medical Surveillance 0.25 50 11 138

Training 0.25 50 11 138

TOTAL 0.50 50 11 276

 UNCONTROLLED HAZARDOUS WASTE SITES AND RCRA CORRECTIVE ACTIONS

Health and Safety Plan (HASP) 2 10 50 NA 600

Air Monitoring 50 50 NA 2,500

Medical Surveillance 0.25 50 20 250

Training 0.25 50 20 250

TOTAL 2 60 0.50 50 20 3,600

ACTIVITIES FOR EMERGENCY RESPONSE WITHOUT REGARD TO LOCATION

Emergency Response Plan 1 4 15,260 NA 76,300/5 = 15,260*

PPE Plan 1 2 15,260 NA 45,780/5 = 9,156*

Medical Surveillance 0.25 108 5 135

Training 0.25 23,900 38 227,050

TOTAL 2 6 0.5 23,900 38 251,601

TOTAL BURDEN 255,477

NA - Not Applicable

* - Activity required every 5 years
EXHIBIT 3: ESTIMATED COST FOR AFFECTED STATE AND LOCAL GOVERNMENTS

ACTIVITY

UNIT COST ($)

(per activity)

NUMBER OF 

AFFECTED 

FACILITIES

NUMBER OF 

AFFECTED 

EMPLOYEES 

PER 

FACILITY

TOTAL COST 

(dollars)

MGT TECH CLER

NORMAL OPERATIONS AT RCRA-REGULATED TSD FACILITIES

Medical Surveillance $3 50 11 $1,650

Training $3 50 11 $1,650

TOTAL $6 50 11 3,300.00

 UNCONTROLLED HAZARDOUS WASTE SITES AND RCRA CORRECTIVE ACTIONS

Health and Safety Plan (HASP) $84 $250 50 NA $16,700

Air Monitoring $1,250 50 NA $62,500

Medical Surveillance $3 50 20 $3,000

Training $3 50 20 $3,000

TOTAL $84 $1,500 $6 50 20 $85,200

ACTIVITIES FOR EMERGENCY RESPONSE WITHOUT REGARD TO LOCATION

Emergency Response Plan $42 $100 15,260 NA $2,166,920/5 = $433,384*

PPE Plan $42 $50 15,260 NA $1,403,920/5 = $280,784*

Medical Surveillance $3 108 5 $1,620

Training $3 23,900 38 $2,724,600

TOTAL $84 $150 $6 23,900 38 $3,440,388

TOTAL COST $3,525,588

NA - Not Applicable

* - Activity required every 5 years