Page **1** of **26 Supporting Statement for a Request for OMB Review under** 

**The Paperwork Reduction Act**
**1. IDENTIFICATION OF THE INFORMATION COLLECTION**  **1(a) Title and Number of the Information**  **Collection TITLE:**  **Reporting and Recordkeeping for Asbestos Abatement Worker**

**Protection EPA ICR No.:**  **1246.1 2**  **OMB Control No.: 2070**  **- 0072**  **1(b) Short Characterization**  The Asbestos Worker Protection Rule (WPR) (40 CFR part 763, s ubpart G; see Attachment C) establishes workplace standards for the protection of state and local government employees who work with asbestos and who are not covered b y a state plan approved b y the Occupational Safet y and Health Administration (OSHA)

. Currentl y, state and local g overnment employees in 25 states, the District of Columbia and certain other U.S. territories who perform construction work, including building construction, renovation, demolition, and maintenance activities, and employees who perform brake and clutch rep air work are covered by EPA’s WPR. The WPR incorporates, by reference, the OSHA Construction Industry Standard for Asbestos (29 CFR part 1926.1101) and the General Industry Standard for Asbestos (29 CFR part 1910.1001). As a result, the WPR requires stat e and local government employers to use engineering controls and appropriate work practices to control the release of asbestos fibers. Covered emplo ye rs must also monitor employee exposure to asbestos and provide employ ees with personal protective equipment, training, and medical surveillance to reduce the risk of asbestos exposure. Exposure monitoring records must be maintained for 30 ye ars, medical surveillance records for the duration of emplo ym ent of the affected employees plus 30 years, and training re cords for the duration o f emplo ym ent plus one year. Employers must also establish written respiratory protection programs and maintain procedures and records of respirator fit tests for one y ear.
**2. NEED FOR AND USE OF THE COLLECTION**  **2(a) Need/Authority for the Collection**  The purpose of the WPR is to provide protection from adverse health effects associated with occupational exposure to asbestos for state and local government employ ees who are engaged in asbestos

- related construction, cu stodial, and brake and clutch repair activities in states that do not h ave OSHA
- approved state plans. Li ke the OSHA standards, the rule requires employers (in this case, state and local governments) to monitor employ ee exposure to asbestos, to take action to reduce exposures to levels below the permissible exposure limits (PEL s), to provide employees with personal protective equipment, to monitor employee health, to trainPage **2** of **26**

employees about the hazards of asbestos and how to minimize those hazards, and to pro vide employees with information about exposures to asbestos and the associated health effects. The records maintained as a result of this in formation col lection will provide the Environmental Protection Agency (EPA) with the data necessary for effec tiv e enforcement of the WPR, as authorized under Sections 6 and 8(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605, 2607 (a)). (See Attachments A and B )

. **2(b) Use/Users of the Data**  The recordkeeping provisions contained in the rule are designed to ensure that employ ers comply with applicable standards and that protection of employ ees exposed to asbestos is provide d to the full extent required. EPA’s compliance officers examine the records for this purpos e when conducting inspections. Addition ally , the data contained in exposure measurements records are use ful to employers in pinpointing areas of their operations that may require addition al efforts to reduce exposure. If these data were not collected and maintained, compliance monitoring would be very difficult for EPA, and failures of asbestos

- control measures could easil y go unde tected b y the employer. Records of medical examinations are used b y ph ys icians who must periodically examine employees exposed to asbestos. Without records of prev ious medical exami nations, the phy sician may not be able to determine whether an employee has suf fered an adverse health effect sinc e his or her last examination. Furthermore, when sy mptoms of organic damage appear, the phy sician often needs information regard ing the patient’s previous medical condition in order to make an accurate diagnosis of the new problem, its apparent cause, and the course of treatment required. In addition, the data and information contained in the records required to be kept an d maintained by

the WPR may

be used by

EPA for the development of a sbestos exposure assessments. Exposure data and medical surveil lance in for mation may

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

- response r elationships in diseases caused b y asbestos exposure.
**3. NON**  **- DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a)**  **Non -**  **Duplication** EPA is not aware of an y other laws or regulations that require the gen eral compilation, maintenance, or provi sion of access to occupational exposure and medical records for state and local government workers in the 25 states, the District of Columbia and certain other U.S. territories without an OSHA
- approved state plan. Currently , all private sector workers, as well as state and local government employees in the 25 states as well as Puerto Rico and the U.S.Virgin Islands that have OSHA

- approved state plans, are protected b y the OSHA regulations.Page **3** of **26**

The rule uses the Office of Federal Register’s incorporation

- by

- reference (IBR) approach to cross
- reference the OS HA regulations in the EPA WPR. Inaddition to ensuring that all state and local government employees and private sector employees receive identical protection from occupational asbestos exposures under fed eral law, the use of IBR also ensures that this identical protection is maintained in the future. This approach eliminates potential confusion by ensuring that the regulated community only has to learn and comply

with the OSHA standards, and ensures that the same level of protection for all persons who work with asbestos

- containing material (ACM), whether those persons are emplo yed b y the private sector or b y a state or local government. **3(b) Public Notice Required Prior to ICR Submission to OMB**  Prior to submission to OMB, this I CR will be made available to the public for comment through a Federal Register notice. The public will have 60 day s to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB. **3(c) Consultations**  Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential I CR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and app roval. In accordance with this regulation, EPA will pursue additional consultations with interested parties during the development of the renewal of this collection. **3(d) Effect**  **s of Less Frequent Collection** The information collection frequencies speci fied by this rule are the minimum EPA considers necessary

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

three years whe n performing similar projects. All employees covered b y this rule must receiv e training on an annual basis. Most of these employ ees must also receive annual medical exams. These requirements are necessary to ensure that the employees are being adequatel y protected from asbestos hazards. **3(e) General Guidelines**  In formation collected as a result of this request does not violate an y of the guid e lines imposed by

5 CFR part 1320.6. The requirement that records for medical surveillance and exposure monitoring be retained for more than three ye ars is permis sible under a provision contained in 5 CFR part 1320.6 that expressly exempts the retention o f health and medical records from limitations other wise imposed b y the regulation.Page **4** of **26**

**3(f) Confidentiality**  The Agency

has instituted procedures to avoid the inappropriate release of confidential information as specified by 5 CFR part 1320.8(b)(3)(v). The confidentialit y of collected information will be maintained p ursuant to the provisions of TSCA ( 15 U.S.C. 2613 ) , EPA regulations in 40 CFR part 2, the Privacy Act of 1974 , and OMB Circular A

- 108. **3(g) Sensitive Questions**  The rule requires employers to allow EPA access to medical records upon request. EPA primarily intends to use this information to determine whether the employer has complied with the medical surveillance requirements of the rule, although EPA may also use this information i n epidemiological and diagnostic investigations. EPA will treat this information as confidential and exempt from disclosure under the Freedom of Information Act pursuant to 40 CFR 2.119(b).
**4. THE RESPONDENTS AND THE INFORMATION COLLECTED**  **4(a) Responde**  **nts/North American Industrial Classification System (NAICS) Codes**  Respondents for this information collection include states and local government employers in the 25 states, the District of Columbia and certain other U.S. territories that have employees en gaged in asbestos

- related construction, custodial, and brake and clutch repair activities with out OSHA
- approved state plans. The following table is intended to help identify potentially

aff ected categories and entities. This listing is not, howev er, intended to be exhaustive. The North American Industrial Classification Sy stem (NAICS ) applies to certain entities. To determine whether a state or local government emplo yer is subject to the WPR, employers must carefully examine the applicability provisi ons in the regulation at 40 CFR part 763.121. **Categories NAICS** 

**Codes Examples of Potentially Affected Entities**  Public Ad ministration 92 State or local government employers not subject to an OSHA

- approved state Asbestos Plan or a state Asbestos Worker Protection Plan that EPA has determined is exempt from the requirements of the EPA WPR, and whose employees work with or near asbestos

- contai ning material. Educational Services 61 School districts (subset of local government employers identified above) whose employees work with or near asbestos

- containing material. **4(b) Respondent Activities and Information Requested**  The WPR contains several paperwork related requirements for state and local government emplo yers in the 25 states, the District of Columbia and certain other U.S. t erritories covered b y the WPR. The rule requires emplo ye rs to collect, disseminate, and maintainPage **5** of **26**

information relating to employee asbestos exposures, respiratory protection, medic al surveillance, and training. The records maintained as a result of this in formation col lection will provide EPA with the data necessary for effec tive enforcement of the WPR, as auth orize d under TSCA sections 6 and 8. 4(b)(i) Data Items 40 CFR part 763 requires state and local government employ ers to develop and maintain a written respiratory

protection pro gram if th eir employees use respirators. Employers must provide informatio n and guidance on the selection, use, and care of respirators, give annual fit tests, and maintain reco rds of fit tests for one ye ar. Fit

- testing record summaries must include the follow ing information:

• Name or identification of the employee tested;

• Ty

pe of fit test performed;

• Specific make, model, style, and size of respirator tested;

• Date of test; and

• The test results. 40 CFR part 763 , subpart G requires an exposure assessment to determine accuratel y the airborne concentrations of as bestos to which employ ees are exposed. Employers can meet this requirement through objective data that demonstrate that the product or material containing the asbestos cannot release airborne fibers in concentrations exceeding the PELs , historical moni toring data from similar projects that indicates that the PEL s will not be exceeded, or initial monitoring results that demonstrate that employ ee exposures are below the PEL s. However, employers must continue periodic exposure monitoring for employees who work in areas where exposures exceed or can reasonabl y b e expected to exceed the PEL s. Employers may forgo periodic monitoring if affected emplo ye es are equipped with supplied

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

- air respirators in these instances. Employers who use objective data to demonstrate that the PEL s will not be exceeded are required to maintain records for the duration of the emplo ye r’s reliance upon such data. The records must include the following i nformation:

• The product qualifying for exemption;

• The source of the objective data;

• The testing protocol, results of testing, and/or analy sis of the material for asbestos release;

• A description of the operation exempted and how the data suppo rt the exemption; and

• Other data relevant to the operations, materials, pro cessing or emplo yee exposures covered b y the exemp tion. Employers must notify

all affected employees of the moni toring results, and they must notify individual employees of mon i toring results representing their personal exposures. For all measurements taken to monitor employee expo sure to asbestos, the emplo yer must maintainPage **6** of **26**

records of each measure ment for a period of 30 years. Exposure monitoring records must be made avai lable, upon requ est, to the affected employ ees. The records must include the following information for each exposure measurement:

• The date of measurement;

• The operation involving exposure to asbestos that is being monitored;

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

• Ty

pe of protective devices worn, if an y; and

• Name, social securit y number, and exposure of the employees whose exposures are represented. 40 CFR part 763 , subpart G requires emplo ye rs to institute a medical sur veillance program for all employees who engage in asbestos removal, renovation, and maintenance projects, or who are exposed at or above a PEL for 30 or more day s each ye ar. For each employee subject to medical surveil lance, the employer is required to maintain for the duration of employ

ment plus 30 years records that contain the following information:

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

• Phy sicians’ written opinions;

• Any

employee medical complaints related to exposure to asbestos; and

• A cop y of the information provided to the phy sician. The employer must provide a copy of the phy sician’s written opin ion to the employee within 30 day s of h is/her receipt of the opinion. Inaddition, medical surveillance records must be made available to the affected emplo ye e upon request. 40 CFR part 763, subpart G r equires that a training program be insti tuted for all employees who are likely to be exposed above the PEL s and for those employ ees who perform asbestos removal, renovation, maintenance or cons truction

- related custodia l tasks. Employees must be provided access to the training materials, including self

- help smoking cessation information. Inaddition, each construction project must be supervised by a competent person, who must have, in most cases , additional training. Employers are required to maintain records of training for one ye ar beyond the last date of the worker’s employ ment. Under 40 CFR part 763, subpart G, employers must presume that asbestos is present in thermal sy stem insulation (TS I) and surfacing material installed in buildings built prior to 1981. Employers may

rebut this presumption in two way s, through the results of a building inspection that meets the requirements of the Asbestos Hazard Emergency Response Act (AHERA) regulati ons at 40 CFR 763.85, or by testi ng the material. Such records must be maintained for as long as they

are relied upon to rebut the presumption.Page **7** of **26**

Finally , the rule requires specific engineering control and work practice methods for each ty pe of project. Employers are permitted to use alternative control methods if it is determined, in advance, that the alternative control method is adequate to reduce empl oyee exposures below the PEL s. For Class I projects, those that involve TSI , or surfacing material, an a ppropriatel y qualified person must certify that the alternative control method will reduce employee exposures below the PEL s and that the method will also prevent asbestos contamination beyond the regulated area where the project will be performed. For lar ger Class I projects, the employer who wishes to use alternative control methods must provide EPA with a cop y of the evaluation and certification before the alternative control methods are used. EPA assumes that employers will choose to use listed control methods rather than alternatives in these instances. 4(b)(ii) Respondent Activities This section lists the major information collection related activities required of re spondents, with specific steps necessary to fulfill all the con ditions of the majo r activity

. Respondents must: A. Read and interpret regulations. B. Develop a respirator program.

• Provide guidance on selection, use, and care of respirators.

• Provide periodic fit tests and maintain records of fit tests for one year. C. Establish a monitoring program.

• Provide objective data showing that the PELs will not be exceeded, or

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

-- Periodically

monitor employees whose exposures are expected to excee d a PEL, unless such employees are provided with supplied

air respirators;

-- Notify

workers of the results of employ ee exposure monitoring; and

-- Maintain records of all exposure measurements for 30 ye ars. D. Communicate hazards to employees.
• Have a competent person evaluate risk associated with Class Iand II work;

• Notify

employees engaged in asbestos

- related work about the nature of the work prior to beginning the project; and

• Notify

other employees and building occupants about the occurrence of the asbestos

- related work. E. Institute training programs.

• Provide training for all employees engaged in asbestos removal, renovation, maintenance and construction

- related custodia l activities, as well as for all other employ ees exposed above the PEL s;
• Provide employ ees with access to information and training materials; and

• Maintain training records for one ye ar. F. Institute a medical surveillance program.Page **8** of **26** • Provide medical examinations for all employees who engage in asbestos removal, renovation, and maintenance projects, or who are exposed at or above a PEL for 30 or more day s each ye ar;
• Provide information to the examining ph ys ician;

• Obtain a completed medical que stionnaire from the affected employ ee;
• Obtain a written opinion from the examining ph ys ician; and

• Maintain records of medical examinations for the duration of employ ment plus 30 ye ars. G. Provide access to records at employ ee and/or EPA request. H. Institute training for competent persons.

• Provide training for competent persons who will supervise construction projects.
**5. THE INFORMATION COLLECTED**  **-- AGENCY ACTIVITIES, COLLECTION**  **METHODOLOGY, AND INFORMATION MANAGEMENT 5(a)**  **Agency Activities** In connection with this information request, the Agency may : (1) Perform inspections and respond to inquiries; (2) Investigate complaints and handle legal matters; and (3) Develop asbestos exposure assessments and epidemio logical/diagnostic studies. **5 (b)**  **Collection Methodology and Management** Nothing in this information collection is derived from a survey or reporting to EPA

. EPA does not receive the data; therefore, EPA does not have an y special data collecti on methodology and management. All information subject to this col lection request is to be gathered and maintained by

the employer. The regulations specify the metho ds to be used for employ ee expo sure monitoring and medical surveillance, as well as the subjects to be covered in training. In general, the rule identi fies what data must be collected and maintained without specif yi ng a particular collection method. T herefore, industry has the option of utilizing improved data collection and maintenance technology

. **5(c) Small Entity Flexibi**  **lity** The small entities potentially impacted by

this rule are small government entities consisting of local governments (e.g., count y, municipal, o r towns) and school districts. The primary function of the statutory

requirements of TSCA section 6 is the protection of hum an health and the environment. Consequently , no specific provi sions exist for easing the burden on sm all local government entities. The records required are as necessary for the protection of employees of small local governments as for o ther affected emplo ye es.Page **9** of **26**

**5(d) Collection Schedule**  On occasion, based on activities, e mployers who use their own emplo ye es to conduct asbestos construction, custodial, or brake and clutch repair activities are subject to the information collection an d recordkeepin g requirements described above. Depending upon the ty pe of project, some or all of the information collection and recordkeeping requirements must be complied with before the project commences. For example, in most instances, emplo ye rs must pr ovide and document training for their emplo ye es before they may participate in the asbestos

related activities covered by this rule.
**6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION**  Section 6(a) discusses respondent burden and section 6(b) addresses respondent costs. Section 6(c) reports EPA burdens and costs and sections 6(d), 6(e), and 6(f) summarize respondent burdens, discuss changes in burden estimates, and provide the Federal Register burden statement, respectively

. **6(a) Estimating Responden**  **t Burden** The respondents for this rule are state and local governments in the 25 states, the District of Columbia and certain other U.S. territories that do not have OSHA

- approved state plans. Tables 1 through 3 document EPA’s calculat ions of the respon dent burden. Table 1 provides EPA’s estimates of the burden per response f or each paperwork requirement. Table 2 provides EPA’s estimates of the total number of responses for each require ment. Finally , Table 3 provides EPA’s estimates of total respondent burden by multiplying the burden per response (Table 1) and the total number of responses (Table 2) for each requirement. For this I CR, respondent burden calculations are based on 26 entities. Some underlying calculations carried forward from previous an al ys es are based on 27 entities and then modified as necessary to reflect that one of the 27 (Illinois) had earlier adopted an OSHA approved plan. This analy sis follows the same approach in using those modified calculations as was used for the immediately prior (2010) IC R renewal supporting statement. Ty pically , respondents will need three categories of labor to compl y with the I CR requirements: supervisory, emplo ye e (e.g., asbestos abatement worker/custodial worker or brake and clutch r epair mechanic), and clerical. In addition, exposure monitoring and developing a respiratory

protection plan will require an industrial hygienist’s time. The estimated burden hours and cost estimates for this I CR are based on data and methods discussed in the Economic Anal ys is for this rule (40 CFR part 763 , subpart G ) and on OSHA I CRs for its Construction and General Industry Standards for Asbestos (OSHA, 2000a,b).Page **10** of **26**

**Table 1. Hourly Burden per Respondent Collection Activity**  **Hourly Burden per Respondent Clerical**  **Emplo yees**  **Supervisory Industrial**  **Hygienist Total**  **c** A) Read And Interpret Regulation - - 3.00
- **3.00** B) Respirator Program 1) Develop Program, Large Gov’s a - - - 4.00 **4.00** 2) Fit Testing a) Full

- Face Respirators

- 0.25 0.25
- **0.50** b) Half

- Mask

- Face Respirators - 0.17 0.17
- **0.3 4**  3) Maintain Records for Fit Tests 0.08
- - - **0.08** C) Exposure Monitoring 1) Initial Exposure Assessment a) Construction

- - - 2.00 **2.00** b) Brake and Clutch Repair - - - 2.00 **2.00** 2) Maintain Records 0.08
- - - **0.08** 3) Post Monitoring Results, Brake/Clutch 0.08
- - - **0.08** D) Hazard Communication 1) Evaluate Risk

- - 0.75
- **0.75** 2) Notify Employees a) Construction

- - 0.08
- **0.08** b) Brake and Clutch Repair - - 0.08
- **0.08** 3) Notify Other Employees/ Tenants - - 0.08
- **0.08** E) Training 1) Provide Training a) Class II

- 32.00
- - **32.00** b) Class III

- 16.00
- - **16.00** c) Class IV

- 2.00
- - **2.00** 2) Maintain Records 0.08
- - - **0.08** F) Medical Surveillance 1) Medical Exams

- 0.75 0.75
- **1.50** 2) Initial Questionnaire

- 0.50 0.50
- **1.00** 3) Periodic Questionnaire

- 0.17 0.17
- **0.3 4**  4) Information to Phy sicians 0.08
- - - **0.08**Page **11** of **26**

**Collection Activity Hourly Burden per Respondent**  **Clerical Emplo**  **yees Supervisory**  **Industrial Hygienist**  **Total c**  5) Phy sician’s Written Opinion 0.08
- - - **0.08** 6) Maintain Records 0.08
- - - **0.08** G) Access to Records 1) Employee Access 0.08
- - - **0.08** 2) EPA Access a) Construction 0.08
- 0.08
- **0.1 6**  b) Brake and Clutch Repair 0.08
- 0.08
- **0.1 6**  H) Competent Person 1) Training a) Class I and II b

- - 14.00
- **14.00** b) Class III and IV b

- - 3.00
- **3.00** 2) Maintain Records 0.08
- - - **0.08 Total**  **0.92 51.83**  **23.00 8.00**  **83.75 Notes:**  Except where noted, these estimates reflect annual burden estimate for each response. a) This burden is onl y i ncurred once every five years. EPA adjusted the number of responses in Table 2 to annualize total burden estimates in Table 3. b) This is the annualized number of hours for this requirement. The Class II and Class IV competent person training occurs once every five ye ars. c) Totals may

not sum due to rounding.Page **12** of **26**

**Table 2. Total Annual Response Estimates Collection Activity**  **Total Annualized Responses**  **Clerical Employees**  **Supervisory Industrial**  **Hygienist Total**  **c** A) Read And Interpret Regulation a 0 0 375 0 **375** B) Respirator Program 1) Develop Program, Large Gov’s b 0 0 0 144 **144** 2) Fit Testing a) Full

- Face Respirators 0 38 38 0 **76** b) Half

- Mask

- Face Respirators 0 2,610 2,610 0 **5,220** 3) Maintain Records for Fit Tests 2,648 0 0 0 **2,648** C) Exposure Monitoring 1) Initial Exposure Assessment a) Construction 0 0 0 4,081 **4,081** b) Brake and Clutch Repair 0 0 0 1,296 **1,296** 2) Maintain Records 11,922 0 0 0 **11,922** 3) Post Monitoring Results, Brake/Clutch 2,874 0 0 0 **2,874** D) Hazard Communication 1) Evaluate Risk 0 0 4,111 0 **4,111** 2) Notify Employees a) Construction 0 0 458,116 0 **458,116** b) Brake and Clutch Repair 0 0 11,496 0 **11,496** 3) Notify Other Employees/ Tenants 0 0 458,116 0 **458,116** E) Training 1) Provide Training a) Class II 0 1,945 0 0 **1,945** b) Class III 0 805 0 0 **805** c) Class IV 0 46,883 0 0 **46,883** 2) Maintain Records 49,633 0 0 0 **49,633** F) Medical Surveillance 1) Medical Exams 0 1,740 1,148 0 **2,888** 2) Initial Questionnaire 0 83 55 0 **138** 3) Periodic Questionnaire 0 1,657 1,093 0 **2,750** 4) Information to Phy sicians 2,888 0 0 0 **2,888**Page **13** of **26**

**Collection Activity Total Annualized**  **Responses Clerical**  **Employees Supervisory**  **Industrial Hygienist**  **Total c**  5) Phy sician’s Written Opinion 2,888 0 0 0 **2,888** 6) Maintain Records 2,888 0 0 0 **2,888** G) Access to Records 1) Employee Access 5,534 0 0 0 **5,534** 2) EPA Access a) Construction 4,602 0 4,602 0 **9,204** b) Brake and Clutch Repair 29 0 29 0 **5 8**  H) Competent Person 1) Training a) Class I and II 0 0 640 0 **640** b) Class III and IV 0 0 26,479 0 **26,479** 2) Maintain Records 27,119 0 0 0 **27,119 Total**  **113,024 55,761**  **968,907 5,521**  **1,143,21 4**  **Notes:** a) This burden was incurred b y all supervisors over the three year period of the initial I CR. EPA assumes that five percent of the annual number of respondents from the initial I CR will incur the burden each ye ar to account for turnover by supervisors. The number of responses in Table 2 (375) is five percent of the total number of townships (22,488) divided by 3 (22,488/3 =7,496). b) This is the annualized number of responses. EPA assumes that respirator programs will require u pdating onc e every

five years. Thus, this is calculated by dividing the total number of affected respondents (721 large governments with industrial hygienists on staff) by five. c) Totals may

not sum due to rounding.Page **14** of **26**

**Table 3. Total Annual Burden Estimates Collection Activity**  **Total Annual Burden Hours Clerical**  **Employees Supervisory**  **Industrial Hygienist**  **Total c**  A) Read And Interpret Regulation 0 0 1,124 0 **1,124** B) Respirator Program 1) Develop Program, Large Govts 0 0 0 577 **577** 2) Fit Testing a) Full

- Face Mask Respirators 0 10 10 0 **20** b) Half

- Face Mask Respirators 0 435 435 0 **870** 3) Maintain Records for Fit Tests 221 0 0 0 **221** C) Exposure Monitoring 1) Initial Exposure Assessment a) Construction 0 0 0 8,161 **8,161** b) Brake and Clutch Repair 0 0 0 2,592 **2,592** 2) Maintain Records 994 0 0 0 **994** 3) Post Monitoring Results, Brake / Clutch 239 0 0 0 **239** D) Hazard Communication 1) Evaluate Risk 0 0 3,083 0 **3,083** 2) Notify Employees a) Construction 0 0 38,176 0 **38,176** b) Brake and Clutch Repair 0 0 958 0 **958** 3) Notify Other Employees / Tenants 0 0 38,176 0 **38,176** E) Training 1) Provide Training a) Class II 0 62,240 0 0 **62,240** b) Class III 0 12,886 0 0 **12,886** c) Class IV 0 93,766 0 0 **93,766** 2) Maintain Records 4,136 0 0 0 **4,136** F) Medical Surveillance 1) Medical Exams 0 1,305 861 0 **2,166** 2) Initial Questionnaire 0 41 27 0 **6 8** Page **15** of **26**

**Collection Activity Total Annual Burden Hours**  **Clerical Employees**  **Supervisory Industrial**  **Hygienist Total**  **c** 3) Periodic Questionnaire 0 276 182 0 **458** 4) Information to Physicians 241 0 0 0 **241** 5) Phy sician’s Written Opinion 241 0 0 0 **241** 6) Maintain Records 241 0 0 0 **241** G) Access to Records 1) Employee Access 461 0 0 0 **461** 2) EPA Access a) Construction 383 0 383 0 **767** b) Brake and Clutch Repair 2.4 0 2.4 0 **5** H) Competent Person 1) Training a) Class I and II 0 0 8,960 0 **8,960** b) Class III and IV 0 0 79,437 0 **79,437** 2) Maintain Records 2,260 0 0 0 **2,260 Total**  **9,419 170,959**  **171,815 11,330**  **363,523** a) Totals may

not sum due to rounding. Reporting requirements vary among th e different burden categories. Some categories impose annual paperwork burdens at the state or local government level while others impose paperwork burdens at the project or emp loyee level

. 1 EPA estimates that 22,488 state and local governments will be affected b y these information collection activities and that these ar e the respondents for the ICR. However, man y of these respondents will not be affected b y all of the inform atio n collection requirements. Furthermore, the estimates presented here reflect the hours and costs found in 40 CFR part 763 , subpart G. In the sections that follow, EPA discusses (a) each burden category , (b) the level at which the burden is applied, and (c) the data and assumptions used to derive burden estimates. **Activity -**  **by -**  **Activity Burden Estimation Methods** A. Reading and Interpreting the Regulation In the initial ICR, EPA assumed that at least one person at the state or local government would need to read and interpret the requirement s of the rule. EPA expected that this person would be a construction supervisor. The supervisor would read the relevant sections of the Regulation as well as the relevant cross

- referenced sections of OSHA’s Construction and
1 Except for brake and clutch repair workers, the estimated numbers of employees reflect the numbers of full

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

.Page **16** of **26**

General Industry

Standards. Approximately half of the regulatory

text, however, consists of technical appendices that will not be of direct importance to the supervisor. For example, most projects will not need to employ fit testing methods, and moni toring methods presumabl y will be perform ed b y a contracted specialist. Given these assumptions, EPA projected that, on average, the supervisor would need three hours to read and understand the regulation. EPA expected that some supervisors would require m ore time to read and interpret the regulations while some would require less time. Thus, EPA assumed that on average a supervisor in each state or local government would need to spend three hours on this activity

. This requirement, however, was assumed to be incurred only in the first ye ar of the rule. To provide an annualized estimate of the burden over the three

- ye ar ICR period, EPA divided the total number of respondents (25,312 state and local gov ernments (EPA, 2000) by three. This provided an annualize d estimate of 8,437 respons es. Thus, this activity was assumed to require 25,312 hours on an annualized basis (8,437 responses × 3 hours). Although the initial I CR assumed that this activity would be undertaken by

supervisors only during the fir st y ear of the rule, the current I CR still accounts for turnover by supervisors. EPA is assuming that there will be a turnover of five percent of all supervisors annuall y and that the new supervisors will need to read and interpret the regulation. Thus, f or purposes of this anal ys is, five percent of the annual respondents will spend three hours reading and interpreting the rule annuall y. This analy sis assumes the total number of respondents to be 22,488 and an annualized estimate of 7,496 responses (22,488 / 3). Therefore, this activity is assumed to require 1,124 hours on an annualized basis (7,496 responses × 5 percent × 3 hours). B. Respirator Program. The respiratory

protection program under the rule encompasses three paperwork activities: (a) devel oping written guidance for implementing the respirator requirements of the rule, (b) fit testing, and (c) maintaining records of the fit tests. Written standard operating procedures covering the care, use, and selection of respirators must be established for each workplace in which respirators are used. Much of the information needed to develop these procedures is specified in the OSHA asbestos standard for construction, as amended b y OSHA’s 1998 respiratory protection standard (63 FR 1152; January 8, 199 8). EPA assumed that large governments 2 would have an industrial h ygi enist on staff who would need four hours to comply with this requirement. EPA assumes that small governments, on the other hand, will not have an industrial hygienist on staff and will i nstead contract out this service. Using the Regulatory

Flexibility

Act (RFA) definition of small government, 21,767 affected governments (96.79 percent of the 22,488 total) would be classified as small, leaving 721 large governments with an industrial hyg ienist on staff. EPA further assumes that the respirator

2 As defined by the RFA, a small government is any specified government entity, excluding States, with jurisdiction over a population of less than 50,000. For purposes of this analysi s, a large government would be any government entity not classified as small. The numbers of government entities used in this analysis are taken from the previous ICR renewal supporting statement, because the more recent Census Bureau Census of Governments does not provide comparable data. Based on professional judgment, more recent data would not have significantly altered the analytical results presented here.Page **17** of **26**

program will n eed updating every five years. Thus dividing the total number of large governments b y five yi elds 144 responses annually

. Multiplying by the burden per response (4 hours) results in an estimated annual burden of 577 hours of industrial hygienists’ time. Fit testing imposes a requirement on both the worker being fit

- tested and the worker’s supervi sor who conducts the fit test. EPA estimates that fit tests for full

- face respirators will require 15 minutes and half

- mask respirators will require a fit test lasting 10 minutes. EPA further estimates that 38 full

- time equivalent (FTE) staff will require full

- face fit tests and 2,610 FTE staff will require half

- mask fit tests, annuall y. Thus, f it tests for full

- face respirators will require 10 hours each for both workers and supervisors (0.25 hours per fit test × 38 fit tests) or 19 hours total, and half

- mask respirator fit tests will require 435 hours each for both workers and supervisors (0.16 67 hours × 2,610 fit tests) or 870 hours total. Intotal, workers and supervisors will need to spend 889 hours each on fit

- testing each year. Maintaining records of the fit tests is assumed to require five minutes of cl erical time for each fit test. Thus , a total of 2,648 fit tests will occur annuall y (38 for full

- face respirators and 2,610 for half

- mask respirators), requiring 221 hours of clerical labor time each year (0.0833 hours × 2,648 fit tests). C. Exposure Monitoring. The exposure monitoring section of the rule requires affected projects to perform periodic exposure monitoring unless a negative expo sure assessment has been made. For the construction

related activities, this will require affected crews (i.e., groups of workers) to have an initi al exposure assessment. EPA estimates that this will require two hours of an industrial hygie nist’s time every

three years. There are a total of 27,144 crews that must be evaluated, resulting in an annual average of 9,048 crews. As with developing respirat or programs, EPA assumes that only large governments incur this as a paperwork burden

. 3 Furthermore, EPA assumes that large governments will incur a disproportionate amount of the hours associated with this requirement. Specificall y, EPA assumes that the number of crews employed by large governments is proportional to the pop ulations of large governments. EPA estimates that 54.90 percent of the total population in the 25 affected states, the District of Columbia and certain other U.S. territories resides in small local government jurisdictions

. 4 Thus, EPA assumes that the remainder (45.10 percent) reside in large government jurisdictions. T his implies that 4,081 annual responses are generated under this requirement (9,048 crews × 45.10 percent) in the cons tructi on sector. Multiplying by the burden per response (2 hours) results in an annual burden of 8,161 industrial hygienist hours.

3 EPA assumes that small local governments hire contractors to perform industrial hygiene tasks such as this.
4 Total is calculated using the total state population and total population in small governments provided in Table 6

- 3 of the Economic Analysis, and subtracting the total and small government population located in Illinois. (Total population of the 2 6 states = 129,415
- 11,846 = **117,569**
. Total population in small governments of the 2 6 states = 74,625
- 10,078 = **64,547**
. Percent of the population in small governments = 64,547/117,569 = **54.90%** )Page **18** of **26**

For brake and clutch repair activities (which are classified as a general industry activity), this provision will require a ffected repair shops to establish an exemption from periodic exposure monitoring. EPA estimates that this will require two hours of an industrial hygienist’s time annually

. As noted above, only large governments with on

- staff industrial hygienists will inc ur a pap erwork burden under this rule. As with the number of crews above, EPA assumes that large governments will operate a disproportionate number of the affected brake and clutch shops. Specificall y, EPA assumes that the number of affected brake and clutch shops in large governments is proportional to the population residing in large gover nmental jurisdictions. Thus, EPA estimates that 45.10 percent of all affected brake and clutch shops are owned b y larg e state and local governments. Thus, the annual burden for this requirement is based on establishing exemptions at 1,296 repair shops (45.10 percent of the 2,874 affected repair shops) for an annual burden of 2,592 industrial hygienist hours. In addition to performing the initial exposure assessment, th e rule requires that records of the findings from the assessment be kept on file. EPA estimates that this activity will require five minutes of clerical time for each assessment. Although some of the assessments are performed by non - staff industrial hygien ists (i.e., those for small local governments), records from all assessments will need to be kept on file. Thus, there are a total of 11,922 annual assessments for which records must be kept (9,048 in the construction sector and 2,874 in the brake and c lut ch sector). Multiplying by

the burden per response (five minutes) yields an estimated annual clerical burden of 994 hours. As part of the brake and clutch repair assessment, the rule requires that the results of any exposure monitoring conducted pursuant to the rule be posted for employ ees to review. Following OSHA’s ICRs, EPA assumes that it will require five minutes of clerical time to post the results. All 2,874 repair shops will need to have results posted annually (i.e., shops owned by both small an d large governments), resulting in an annual burden of 239 clerical hours. D. Hazard Communication

- Notification Requirements. 40 CFR part 763 , subpart G, contains three notification requirements that will impose paperwork burdens: (a) evaluating the risk associated with Class Iand II work, (b) notifying employees engaged in asbestos

- related work about the nature of the work, and (c) notifying other employees (i.e., employees not engaged in asbestos

- related work) and building occupants about the occurrence of asbestos

- related work. 40 CFR part 763 , subpart G, requires competent persons to evaluate the risk associated with asbestos

- related construction pro jects. EPA assumes that this only imposes a paperwork burd en on Class I and II projects. EPA assumes that other covered activities (Class III and IV projects and new construction activities) can be evaluated without any incremental burden. Following OSHA’ s Asbestos Construction Standard I CR, EPA assumes that this will impose a burden of 45 minutes of supervisory time fo r each Class Iand II project. A total of 4,111 Class I and II projects are covered by the rule, implying a total annual burden of 3,083 su pervisory hours (0.75 hours × 4,111 projects).Page **19** of **26**

The rule also requires employ ers to notify employees that will be performing asbestos

related work prior to beginning the project (40 CFR 763 , subpart G ). For construction activities, EPA assumes that this will require 5 minutes of a construction supervisor’s time for all affected projects. EPA excludes Class IV custodial projects from this burden estimate because custodial activities are assumed to occur continuousl y over the course of the ye ar and are not generall y div ided into discrete “projects.” EPA estimates that 458,116 construction projects will require these notificatio ns. Multiplying the estimated number of projects by five minutes (0.0833 hours) yi elds an estimated 38,176 construction supervisor ho urs to comply with this requirement (458,116 projects × 0.0833 hours). For brake and clutch repair, EPA assumes that this requirement will be incurred four times (e.g., quarterly) each year at each brake and clutch repair shop. Furthermore, EPA assumes that compliance with this requirement will impose a five minute burden on brake and clutch repair supervisors. There are 2,874 repair shops, so the annual burden for this requirement among brake and clutch repair shops will be 958 hours (2,874 shops × 0.083 3 hours × 4 times annually). Finally , the rule requires employers to notify other employees (i.e., those not performing the asbestos

- related work) and tenants about the occurrence of asbestos

- related work in the building (40 CFR 763 , subpart G). EPA assumes that this will be incurred only by construction projects and will impose a burden of five minutes of supervisory time per proj ect. EPA estimates that 458,116 projects will be affected b y this requirement. Multiplying by the burden per response (five mi nutes), results in an estimated burden of 38,176 hours of supervisory time annually to comply

with this requirement (458,116 projects × 0.0833 hours). E. Training Program. 40 CFR part 763 , subpart G, requires affected construction workers to be trained based on the Class of work they

perform. Training requirements for Class I abatement workers are not incremental to the rule and thus do not impose an incremental paperwork burden. The annual training requirements are 32 hours for Class II workers, 16 hours for Class III workers, including new construction projects, and 2 hours for Class IV workers. EPA estimates that training will be required for 1,945 Class II workers, 805 Class III workers, and 46,883 Class IV workers. This implies annual training re quirements of 62,240 hours for Class II workers (32 hours × 1,945 workers), 12,880 hours for Class III workers (16 hours × 805 workers), and 93,766 hours for Class IV worke rs (2 hours × 46,883 workers). The total annual employee hours required for training is 168,886. Records of the training must be kept on file f or each worker who is trained. EPA assumes that this will require five minutes of cle rical time per worker trained. A total of 49,633 workers will be trained annuall y (1,945 Class II workers + 80 5 Class III workers + 46,883 Class IV workers), requiring 4,136 clerical hours annuall y t o maintain these records (49,633 × 0.0833 hours).Page **20** of **26**

The rule also requires employ ers to maintain training materials on file for employees to access (40 CFR 763 , subpart G). The burden associated with this requirement has been included in the burden estimate under Employ ee Access to Records, below. F. Medical Surveillance. The rule requires a medical exam for Class I , II, or III employ ees, including new constructio n workers, and for workers who are exposed at or above the PEL for more than 30 day s annuall y (40 CFR 763 , subpart G). The medical surveillance section of the rule will impose five paperwork activities on affected entities: (1) medical exams, (2) initial a nd periodic questionnaires, (3) providing information to ph ys icians, (4) obtaining the phy sician’s written opinion, and (5) maintaining records of the medic al exam. Inestimating the paperwork burden for this requirement, EPA does not include the phy sician ’s time as part of the burden estimate. EPA assumes that the physicians performing these activities are not part of the affected entities’ staff, but provide these services under contract. EPA assumes that all Class II and III construction workers will need to un dergo medical exams each year. Although Class I workers will also require medical exams, the 1987 EPA asbestos WPR covers these activities and thus medical exams are not incremental for Class I w orkers under the revised rule. EPA estimates that 2 ,750 workers will require medical exams. Of this total, 1,093 are supervisors (one for each crew; 640 Class II crews and 453 in Class III) and 1,657 are non

- sup ervisory construction workers. To account for turnover, EPA inflated each of th ese estimates b y five percent. Thus, each ye ar, a total of 2,888 workers, including 1,148 supervisors and 1,740 non

- supervisory construction workers, will require medi cal exams. EPA assumes that these exams will require 45 minutes each, imposing an annual burden of 2,166 hours (1,305 hours for construction workers and 861 hours for supervisors). The rule also requires that workers undergoing medical exams fill out medical questionnaires designed to assess current and past asbestos

- related risk (40 CFR 763 , subpart G ). F or a first

- year worker’s initial exam under the rule, the worker must fill out an initial medical questionnaire. For subsequent exams, the worker fills out an abbreviated form of that questionnaire (i.e. , the periodic questionnaire). Both of these questionnaires can be found in OSHA’s Construction Standard ( 29 CFR 1926.1101, Appendix D). EPA estimates the annual number of initial exams given to first

- ye ar workers for this three

- year ICR period as five percent of the number of initial exams that took place d uring the first three

- ye ar period of the I CR. Thus, 55 supervisors (1,093 × .05) and 83 non

- supervisory construction workers (1,657 × .05) will fill out init ial questionnaires annually. EPA assumes that completing the initial questionnaire imp oses a burden of one half

- hour. Thus, completing initial questionnaires will impose an annual burden of 27 hours on supervisory construction workers (55 workers x .5 hour) and 41 hours on non - supervisory

construction workers (83 workers x .5 hour), or 68 hours total. EPA assumes that all workers who undergo a non

- initial exam will be required to complete a periodic questionnaire each year. Thus, EPA estimates that 1,093 supervisors and 1,657 non
- supervisory

workers will complete the periodic questionnaire each year. E PA assumes that the periodic questionnaire wil l take 10 minutes to complete. Thus, this requirement imposesPage **21** of **26**

a burden of 182 hours on supervisors (1,093 workers × 0.1667 hours) and 276 hours on non

supervisory

construction workers (1,657 workers × 0.1667 ho urs), or 458 hours total. The rule requires emplo yers to provide examining physicians with a number of pieces of information, including:

 A cop y of the OSHA Construction Standard , including Appendices D, E, and I of the Standard;

 A description of the employ ee’s duties;

 The employee’s representative exposure level;

 A description of an y personal protective equipment used by the employee; and

 In formation from previous medical exams that is not otherwise available to the phy sician. EPA assumes that providing this information will impose a fi ve - minute burden for each annual medical exam and that affected government entities will use clerical labor to comply with this requirement. There are a total of 2,888 medical exams (initial and non

- initial) performed annually (1,148 for supervisory

constr uction workers and 1,740 for non

- supe rvisory construction workers). Thus, this requirement will impose an annual burden of 241 clerical hours. 40 CFR part 763 , subpart G, requires employers to obtain a written opinion from the phys ician for each medical exam. EPA assumes that obtaining the ph ys ician’s written opinion will impose a five

- minute burden for each annual medical exam and that affected government entities will use clerical labor to comply with this requirement. There are a total of 2,888 med ical exams performed annually. Thus, obtaining the phy sician’s written opinion will impose an annual burden of 241 clerical hours. The rule requires emplo yers to maintain medical records for each emplo ye e (40 CFR 763 , subpart G). EPA assumes that maintaining medical records will impose a five

- minute burden for each annual medical exam and that affected government entities will use clerical labor to comply with this requirement. There are a total of 2,888 med ical exams performed annually

. Thus, EPA estimates that maintaining medical records will impose an annual burden of 241 clerical hours. G. Access to Records. The rule requires affected employers (a) to allow employ ees access to a variety of records and (b) to allow the EPA to inspect those records (40 C FR 763 , subpart G ). EPA assumes that allowing emplo ye es to access their own records will require five clerical minutes for each oc currence. EPA estimates that 55,335 employ ees will be affected by the rule and that 10 percent of those will acces s their own records each ye ar. Thus, employeesPage **22** of **26**

will access records 5,534 times annually

. This results in a total annual burden of 461 clerical hours. EPA assumes that its access to employ er records will require five minutes for both a clerical worker and a super visor for each tim e the Agency accesses records. For the construction sector, EPA assumes that this w ill occur in approximately five

- perc ent of Class Iprojects and one - percent of new construction and C lass II, III, and IV projects. For brake and clutch work, EPA assumes that one

- percent of all brake and clutch repair shops will be inspected annually

. Based on these assumptions, EPA will access the records of 4,602 construction projects each ye ar and the records of 29 brake and clutc h repair shops. Thus EPA will access records 4,631 times annually

. This results in a total annual burden of 383 hours each of both clerical and supervisory

time for construction

- related work and a total annual burden of 2.4 hours each of both clerical and supervisory time for brake and clutch repair. H. Competent Person. 40 CFR part 763 , subpart G, requires all construction work sites that are covered by the rule to be supervised b y an individual trained as a competent person. This will require affected state and local governments to train one person from each work crew as a competent person. EPA assumes that competent person training for Class I crews is not incremental to the rule. For Class II work, EPA assumes that competent person training will require a 40

- hour training course every

five years with an eight

- h our course in all other years. The average annual training hours for Class II competent persons during the three

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

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

- ye ar period (32/5 = 6.4, rounded to 6 hours ), and then added to the annual training requirement of 8 hours, for a total of 14 ho urs average training per ye ar. This can be applied to the 640 supervisors that must be trained as Class II competent persons, for an annual burden of 8,960 hours. For Class III and IV workers, including new construction workers, EPA assumes that competent person training will require a 16

- hour training course once every five years. Thus, the average annual burden for training Clas s III and IV competent persons is 3 hours (16 hours / 5 ye ars rounded to 3 hours). This can be applied to 26,479 supervisors that must be trained as Class III or IV competent persons, for an annual burden of 79,437 supervisor hours. In addition to training , records must be kept to document that the persons have been trained. EPA assumes that for each person trained, affected state and local governments will incur a burden of five minutes of clerical time. Based on the estimates above, a total of 27,119 comp etent persons will be trained annually (640 under Class II and 26,479 under Class III and IV ). Thus, maintaining records of competent person training will require 2,260 clerical hours (27,119 competent persons x (5 min./60 min.)) annually

. **Summary of Bur den Estimates** Page **23** of **26**

Table 3 summarizes the total burdens associated with each of the categories discussed above. EPA estimates that the total annual respondent burden for this I CR will be 363,523 hours. The ICR affects a total 22,488 respondents (i.e., all af fected state and local governments). The total number of annual responses is estimated to be 1,143,213 (see Table 2), a decrease in 120,910 responses from the last I CR, and an average of about 51 responses per respondent. The burden per respondent is 16.1 6 hours ([363,523 burden hours] / [22,488 respondents]) and the average burden per response is 0.32 hours ([363,523 burden hours] / [1,143,213 responses]). **6(b) Estimating Respondent Costs**  Table 4 provides an estimate of respondent costs, based on the burden estimates (Table 3) and the following hourl y labor cost assumptions:

• Cleri cal labor costs $24.84 per hour;

• Construction employee (non

- superviso ry) labor costs $33.28 per hour;

• Brake and clutch repair emplo yee labor costs $28.92 per hour;

• Construction supervi sor labor costs $46.31 per hour;

• Brake and clutch repair supervisor labor costs $46.31 per hour; and

• Industrial h ygienist labor costs $59.06 per hour. These hourl y labor costs reflect both wage and non

- wage benefits for these categories of e mployees in ye ar 2012 dollars. The derivation of the labor costs appe ar in Attachment D to the ICR. Cost estimates in Table 4 are derived by multiplying the respondent burden hours for each requirement b y the appropriate hourl y labor cost from above. **Table 4. Total Annual Respondent Cost Collection Activity**  **Total Annual Industry Cost Clerical**  **Employees Supervisory**  **Industrial Hygienist**  **Total** a I) Read And Interpret Regulation $0 $0 $52,050 $0 **$52,050** II) Respirator Program A) Develop Program, Large Gov’s $0 $0 $0 $34,077 **$34,077** B) Fit Testing 1) Full

- Face Respirators $0 $316 $440 $0 **$756** 2) Half

- Mask

- Face Respirators $0 $14,477 $20,144 $0 **$34,620** C) Maintain Records for Fit Tests $5,490 $0 $0 $0 **$5,490** III) Exposure MonitoringPage **24** of **26**

**Collection Activity Total Annual Industry Cost**  **Clerical Employees**  **Supervisory Industrial**  **Hygienist Total**  a A) Initial Exposure Assessment 1) Construction $0 $0 $0 $481,980 **$481,980** 2) Brake and Clutch Repair $0 $0 $0 $153,081 **$153,081** B) Maintain Records $24,691 $0 $0 $0 **$24,691** C) Post Monitoring Results, Brake/Clutch $5,937 $0 $0 $0 **$5,937** IV ) Hazard Communication A) Evaluate Risk $0 $0 $142,767 $0 **$142,767** B) Notify Employees 1) Construction $0 $0 $1,767,847 $0 **$1,767,847** 2) Brake and Clutch Repair $0 $0 $44,363 $0 **$44,363** C) Notify Other Employees/ Tenants $0 $0 $1,767,847 $0 **$1,767,847** V) Training A) Provide Training 1) Class II $0 $2,071,310 $0 $0 **$2,071,310** 2) Class III $0 $428,838 $0 $0 **$428,838** 3) Class IV $0 $3,120,476 $0 $0 **$3,120,476** B) Maintain Records $102,739 $0 $0 $0 **$102,739** VI ) Medical Surveillance A) Medical Exams $0 $43,430 $39,871 $0 **$83,301** B) Initial Questionnaire $0 $1,379 $1,266 $0 **$2,644** C) Periodic Questionnaire $0 $9,191 $8,438 $0 **$17,629** D) Information to Phy sicians $5,978 $0 $0 $0 **$5,978** E) Phy sician’s Written Opinion $5,978 $0 $0 $0 **$5,978** F) Maintain Records $5,978 $0 $0 $0 **$5,978** VII) Access To Records A) Employee Access $11,455 $0 $0 $0 **$11,455** B) EPA Access 1) Construction $9,526 $0 $17,759 $0 **$27,285** 2) Brake and Clutch Repair $59 $0 $111 $0 **$170** VIII) Competent Person A) Training 1) Class Iand II $0 $0 $414,918 $0 **$141,918** 2) Class III and IV $0 $0 $3,678,568 $0 **$3,678,568** B) Maintain Records $56,137 $0 $0 $0 **$56,137 Total**  **$233,968 $5,689,417**  **$7,956,387 $669,138**  **$14,548,910** a) Totals may

not sum due to rounding.Page **25** of **26**

Based on the above hourly labor cost data, EPA has calculated the total respondent cost to be approxi mately

$14.5 million annually

. This translates into a per respondent cost of $646.96

. 6 The total respondent cost and the per

- respondent cost have both increased from the last I CR because of labor cost increases since the previous I CR (see Attachment D). **6(c) Estimating Agency Burden and Cost**  Due to the elimination of funding for this program, current guidance states that the Agency will no longer dedicate an y resources to managing the WPR asbestos program. For the same reason, the Agency does not expect to conduct an y enforcement or compliance assistance activities under this program. The Agency expects to incur no burden hours and no cost in connection with this data collection. **6(d) Bottom Line Burden Hour and Costs**  The total annual respondent tally for this information collection is as follows: R espondent Burden Hours: 363,523 Respondent Cost: $14,548,910 **6(e) Reasons for Change in Burden**  This request reflects no change in the total estimated respondent burden from that currentl y in the OMB inventory. The estimated burden per respondent is 16 .16 hours, at an estimated average 0.32 hours of burden per response Both of those estimates are unchanged from the previous estimates. **6(f) Burden Statement**  The annual public burden for this collection of information, which is approved under OMB Control No. 2070

- 0072, is estimated to av erage 0.32 hours per response. According to the Paperwork Reduction Act, “burden” is defined in 5 CFR 1320.3(b). An Agency may not conduct or sponsor such a request and a person or facility is not required to respon d to a collection of information unless it display s a curre ntly valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable. The Agency

has established a public docket for this I CR under Docket ID No. EPA
- HQ
OPPT
- 2012
- 0915 , which is available for online viewing at www.regulations.gov, or in

- person viewing at the Pollution Preventio n and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., N.W., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number

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

for the EPA/DC Public Reading Room is (202) 566

- 1744, and the telephone number for the Pollution Prevention and Toxics Docket is (202) 566

- 0280. You may submit comments regarding 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. Submit your comments, referencing Docket ID No. EPA
- HQ
- OPPT
- 2012
- 09 15 and OMB Control No. 2070

- 0072 , to (1) EPA online using www.regulations.gov (our preferred method), or b y mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N .W., Washington, DC 20460, and (2) OMB b y mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 20503. **References for Section 6** OSHA, 2000a. Supporting Statement for the Information Collection Requirements of the Asbestos Standard (Construction) , OMB Approval Number 1218

- 0134. OSHA, 2000b. Supporting Statement for the Information Collection Requirements of the Asbestos Standard (General Indus try) , OMB Approval Number 1218

- 0133. U.S. EPA, 2000. U.S. EPA, Office of Pollution Prevention and Toxics Final Asbestos W orker Protection Rule Economic Analysis , Economic and Policy Anal ys is Branch, Economics, Exposure and Technology Division, Office of Pollution Prevention and Toxics, September 25.