October 25, 2000  1  INFORMATION COLLECTION REQUEST ( ICR) SUPPORTING STATEMENT 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection ICR Title: Rule Related Replacement ICR to the Existing ICR entitled " Reporting and Recordkeeping for Asbestos Abatement Worker Protection"

EPA ICR #: 1246.08 OMB #: 2070 0072 1( b) Short Characterization This Information Collection Request ( ICR) is a replacement ICR for the currently approved ICR covering the information collection requirements contained in the Asbestos Worker Protection Rule ( WPR), 40 CFR Part 763, Subpart G. This replacement is related to an amendment to the WPR. The WPR establishes workplace standards for protecting State and local government employees in those States without an OSHA approved Plan, who perform asbestos abatement projects from the risks of exposure to asbestos.

EPA's 1987 WPR is based on the 1986 OSHA Construction Standard for Asbestos. The 1987 WPR was designed to provide occupational exposure protection to State and local government employees who are engaged in asbestos abatement activities in States that do not have OSHA approved State plans. State and local government employees in States with OSHA approved plans are protected by requirements that are as effective as the OSHA Standards. However, the 27 States without OSHA approved State plans must comply with the 1987 WPR.

EPA is expanding the scope of the 1987 WPR to cover all asbestos construction, maintenance, and custodial activities, as well as brake and clutch repair projects. EPA is also amending the WPR to make it consistent with the current OSHA Construction and General Industry Standards for asbestos. Under the amendment, employers are no longer required to report asbestos abatement projects to the EPA in advance, unless the employer intends to use an alternative control method for certain large projects. As in the 1987 WPR, this rule requires employers to provide training and medical surveillance for employees, and monitor employee exposures to asbestos. EPA did not change the length of time that records related to these activities must be maintained. As in the 1987 WPR, employers must maintain exposure monitoring records for 30 years, medical surveillance records for the duration of employment of the affected employees plus 30 years, and training records for the duration of employment plus 1 year. This amendment also requires employers to establish written respiratory protection programs and maintain procedures and records of respirator fit tests for 1 year. EPA will use these records to monitor compliance with the Asbestos WPR. RECEIVED OPPT NCIC 2003 July 25 9: 56AM OPPT 2003 0041 0002 October 25, 2000  2  2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection The records maintained as a result of this information collection will provide EPA with the data necessary for effective enforcement of the WPR, as authorized under Sections 6 and 8( a) of the Toxic Substances Control Act ( TSCA) ( 15 USC 2605, 2607).

2( b) Use/ Users of the Data The purpose of the WPR amendment is to provide protection from adverse health effects associated with occupational exposure to asbestos for State and local government employees who are engaged in asbestos related construction, custodial, and brake and clutch repair activities in states that do not have OSHA approved State plans. Like the OSHA Standards, the rule requires employers ( in this case, State and local governments) to monitor employee exposure to asbestos, to take action to reduce exposures to levels below the permissible exposure limits ( PELs), to provide employees with personal protective equipment, to monitor employee health, to train employees about the hazards of asbestos and how to minimize those hazards, and to provide employees with information about exposures to asbestos and the associated health effects.

The recordkeeping provisions contained in the rule are designed to ensure that employers are complying with applicable standards and that protection of employees exposed to asbestos is provided to the full extent required. EPA's compliance officers examine the records for this purpose when conducting inspections. Additionally, the data contained in exposure measurements records are useful to employers in pinpointing areas of their operations that may require additional efforts to reduce exposure. If these data were not collected and maintained, compliance monitoring would be very difficult for EPA, and failures of asbestos control measures could easily go undetected by the employer.

Records of medical examinations are used by physicians who must periodically examine employees exposed to asbestos. Without records of previous medical examinations the physician may not be able to determine whether an employee has suffered an adverse health effect since his or her last examination. Furthermore, when symptoms of organic damage appear, the physician often needs information regarding 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 and maintained by the Worker Protection Rule may be used by EPA for the development of asbestos exposure assessments. Exposure data and medical surveillance information may be used for epidemiological and diagnostic investigations to determine, for example, dose response relationships in diseases caused by asbestos exposure. October 25, 2000  3  3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non duplication EPA is not aware of any other laws or regulations that require the general compilation, maintenance, or provision of access to occupational exposure and medical records for State and local government workers in the 27 States without an OSHAapproved State plan. Currently, all private sector workers, as well as State and local government employees in the 23 States that have OSHA approved State plans, are protected by the OSHA regulations.

The amendment uses the Office of Federal Register's incorporation by reference ( IBR) approach to cross reference the OSHA regulations in the EPA WPR. In addition to ensuring that all State and local government employees and private sector employees receive identical protection from occupational asbestos exposures under federal law, the use of IBR will also ensure 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 employed by the private sector or by a State or local government.

Finally, EPA has deleted the advance notification requirements for most asbestos abatement projects. EPA eliminated this requirement from the WPR because OSHA has no comparable requirement and, in many cases, inspection targeting information is available from other sources.

3( b) Consultations The data collection contemplated by this request was part of a proposed rule subject to notice and comment procedures. One of the eleven comments EPA received on the proposal suggested that the annual training requirement for custodians, and the associated recordkeeping, was too burdensome. However, the commenter did not dispute EPA's estimate of the costs associated with this requirement.

The identical recordkeeping and reporting requirements as applied to the private sector and to States with OSHA approved State plans have been subject to notice and comment as part of OSHA rulemaking efforts. In addition, EPA has discussed the rule amendment with State officials at the several National Asbestos Meetings, including the one held in April, 2000.

3( c) Effects of Less Frequent Collection October 25, 2000  4  The information collection frequencies specified by this rule are the minimum EPA considers necessary to ensure that the health of public employees engaged in asbestos abatement activities is adequately monitored. Initial exposure monitoring must be performed for most projects covered by this rule, but the employer will be able to rely on those results for approximately three years when performing similar projects. All employees covered by this rule must receive training on an annual basis. Most of these employees must also receive annual medical exams. These requirements are necessary to ensure that the employees are being adequately protected from asbestos hazards.

3( d) General Guidelines Information collected as a result of this request does not violate any of the guidelines imposed by 5 CFR 1320.6. The requirement that records for medical surveillance and exposure monitoring be retained for more than 3 years is permissible under a provision contained in 5 CFR 1320.6 that expressly exempts the retention of health and medical records from limitations otherwise imposed by the regulation.

3( e) Confidentiality and Sensitive Questions ( i) Confidentiality The Agency has instituted procedures to avoid the inappropriate release of confidential information as specified by 5 C. F. R. 1320.8( b)( 3)( v). The confidentiality of collected information will be maintained pursuant to the provisions of the Toxic Substances Control Act, 15 U. S. C. 2613, the Privacy Act of 1974 and OMB Circular A 108.

( ii) 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 in 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) Respondent Universe Respondents for this information collection include States and local government employers in the 27 States without OSHA approved State plans that have employees engaged in asbestos related construction, custodial, and brake and clutch repair activities. The following table is intended to help identify potentially affected categories and entities. October 25, 2000  5  This listing is not, however, intended to be exhaustive. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether or not the WPR applies to certain entities. To determine whether a State or local government employer is subject to the WPR, carefully examine the applicability provisions in the regulation at 40 CFR 763.121.

Categories NAICS codes Examples of potentially affected entities Public Administration 92 State or local government employers not subject to an OSHAapproved 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 containing 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 employers in the 27 States covered by the WPR. The overall estimated potential economic impact of this amendment is presented in the a document entitled " Final Asbestos Worker Protection Rule Economic Analysis," which is available as a part of the public version of the official record for the amendment. This ICR describes the information collection activities contained in the amendment, along with the estimated burden and costs related to those information collection requirements.

This amendment requires employers to collect, disseminate, and maintain information relating to employee asbestos exposures, respiratory protection, medical surveillance, and training. The records maintained as a result of this information collection will provide EPA with the data necessary for effective enforcement of the WPR, as authorized under TSCA sections 6 and 8. These activities are described in more detail in this section.

( i) Data Items This amendment requires State and local government employers to develop and maintain a written respiratory protection program if their employees use respirators. Employers must provide information and guidance on the selection, use, and care of respirators, give annual fit tests, and maintain records of fit tests for one year. Fit testing record summaries must include the following information:

! Name or identification of the employee tested; ! Type of fit test performed; October 25, 2000  6  ! Specific make, model, style, and size of respirator tested;

! Date of test; and ! The test results.

This amendment requires an exposure assessment to determine accurately the airborne concentrations of asbestos to which employees are exposed. Employers can meet this requirement through objective data which demonstrates that the product or material containing the asbestos cannot release airborne fibers in concentrations exceeding the permissible exposure limits ( PELs), historical monitoring data from similar projects that indicates that the PELs will not be exceeded, or initial monitoring results which demonstrate that employee exposures are below the PELs. However, employers must continue periodic exposure monitoring for employees who work in areas where exposures exceed or can reasonably be expected to exceed the PELs. Employers may forego periodic monitoring if affected employees 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 PELs will not be exceeded are required to maintain records for the duration of the employer's reliance upon such data. The records must include the following information:

! The product qualifying for exemption;

! The source of the objective data; ! The testing protocol, results of testing, and/ or analysis of the material for asbestos release; ! A description of the operation exempted and how the data support the exemption; and ! Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

Employers must notify all affected employees of the monitoring results, and they must notify individual employees of monitoring results representing their personal exposures. For all measurements taken to monitor employee exposure to asbestos, the employer must maintain records of each measurement for a period of 30 years. Exposure monitoring records must be made available, upon request, to the affected employees. The records must include the following information for each exposure measurement:

! The date of measurement;

! The operation involving exposure to asbestos that is being monitored; ! Sampling and analytical methods used and evidence of their accuracy;

! Number, duration, and results of samples taken; ! Type of protective devices worn, if any; and October 25, 2000  7  ! Name, social security number, and exposure of the employees whose exposures are represented.

This amendment requires employers to institute a medical surveillance 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 days each year. For each employee subject to medical surveillance, the employer is required to maintain for the duration of employment plus 30 years records that contain the following information:

! The name and social security number of the employee; ! A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations; ! Physician's written opinions; ! Any employee medical complaints related to exposure to asbestos; and ! A copy of the information provided to the physician.

The employer must provide a copy of the physician's written opinion to the employee within 30 days of his/ her receipt of the opinion. In addition, medical surveillance records must be made available to the affected employee upon request.

This amendment requires that a training program be instituted for all employees who are likely to be exposed above the PELs and for those employees who perform asbestos removal, renovation, maintenance or construction related custodial tasks. Employees must be provided access to the training materials, including self help smoking cessation information. In addition, each construction project must be supervised by a competent person, who must have, in most cases, additional training. Employers are required to maintain records of training for 1 year beyond the last date of the worker's employment.

Under this amendment, employers must presume that asbestos is present in thermal system insulation ( TSI) and surfacing material installed in buildings built prior to 1981. Employers may rebut this presumption in two ways, through the results of a building inspection that meets the requirements of the Asbestos Hazard Emergency Response Act ( AHERA) regulations at 40 CFR 763.85, or by testing the material. Such records must be maintained for as long as they are relied upon to rebut the presumption.

Finally, this amendment requires specific engineering control and work practice methods for each type of project. Employers are permitted to use alternative control methods if it is determined, in advance, that the alternative control method is adequate to reduce employee exposures below the PELs. For Class I projects, those which involve TSI or surfacing material, an appropriately qualified person must certify that the alternative control method will reduce employee exposures below the PELs and that the method will also prevent asbestos contamination beyond the regulated area where the project will be performed. For larger Class I projects, the employer who wishes to use alternative control October 25, 2000  8  methods must provide EPA with a copy 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.

( ii) Respondent Activities This section lists the major activities required of respondents, with specific steps necessary to fulfill all the conditions of the major 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  Initially monitor employee exposures if objective data is not provided;

 Periodically monitor employees whose exposures are expected to exceed a PEL, unless such employees are provided with supplied air respirators;

 Notify workers of the results of employee exposure monitoring; and  Maintain records of all exposure measurements for 30 years.

D. Communicate hazards to employees.

! Have competent person evaluate risk associated with Class I and 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 . October 25, 2000  9  E. Institute training programs.

! Provide training for all employees engaged in asbestos removal, renovation, maintenance and construction related custodial activities, as well as for all other employees exposed above the PELs; ! Provide employees with access to information and training materials; ! Maintain training records for one year.

F. Institute a medical surveillance program.

! Provide medical examinations for all employees who engage in asbestos removal, renovation, and maintenance projects, or who are exposed at or above a PEL for 30 or more days each year; ! Provide information to the examining physician;

! Obtain a completed medical questionnaire from the affected employee; ! Obtain a written opinion from the examining physician; and ! Maintain records of medical examinations for the duration of employment plus 30 years.

G. Provide access to records at employee 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 October 25, 2000  10  ( 3) Develop asbestos exposure assessments and epidemiological/ diagnostic studies.

5( b) Collection Methodology and Management Nothing in this information collection is derived from a survey or is form related. EPA does not receive the data; therefore, EPA does not have any special data collection methodology and management. All information subject to this collection request is to be gathered and retained by the employer. The regulations specify the methods to be used for employee exposure monitoring and medical surveillance, as well as the subjects to be covered in training. In general, the rule identifies what data must be collected and maintained without specifying a particular collection method. Therefore, industry has the option of utilizing improved data collection and maintenance technology.

5( c) Small Entity Flexibility The only small entities potentially impacted by this amendment are small government entities consisting of local governments ( e. g., county, municipal, or towns) and school districts. The primary function of the statutory requirements of TSCA Section 6 is the protection of human health and the environment. Consequently, no specific provisions exist for easing the burden on small local government entities. The records required are as necessary for the protection of employees of small local governments as for other affected employees. However, State and local governments may use private contractors for the activities covered by the Asbestos Worker Protection Standard and, thus, avoid the recordkeeping burden themselves.

5( d) Collection Schedule Employers who use their own employees to conduct asbestos construction, custodial, or brake and clutch repair activities after the effective date of this amendment will be subject to the information collection and recordkeeping requirements described above. Depending upon the type 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, employers must provide and document training for their employees 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. October 25, 2000  11  6 ( a) Estimating Respondent Burden The respondents for this rule are State and local governments in the 27 States that do not have OSHA approved State plans. Tables 1 through 3 document EPA's calculations of the respondent burden. Table 1 provides EPA's estimate of the burden per response for each paperwork requirement. Table 2 provides EPA's estimate of the total number of responses for each requirement. Finally, Table 3 provides EPA's estimate of total respondent burden by multiplying the burden per response ( Table 1) and the total number of responses ( Table 2) for each requirement.

Typically, respondents will need three categories of labor to comply with the ICR requirements: supervisory, employee ( e. g., asbestos abatement worker or custodial workers), 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 ICR are based on data and methods discussed in the Economic Analysis for this rule and on OSHA ICRs for its Construction and General Industry Standards for Asbestos ( U. S. EPA, 2000; OSHA, 2000a, b).

Table 1. Burden Per Response COLLECTION ACTIVITY BURDEN PER RESPONSE Clerical Employees Supervisory Industrial Hygienist READ AND INTERPRET REGULATION   3 hours [ a]

RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large Govts 4 hours [ b]

 FIT TESTING  Full Face Respirators  15 minutes 15 minutes

 Half Mask Face Respirators  10 minutes 10 minutes

 MAINTAIN RECORDS FOR FIT TESTS 5 minutes

EXPOSURE MONITORING  INITIAL EXPOSURE ASSESSMENT  Construction    2 hours  Brake and Clutch Repair    2 hours  MAINTAIN RECORDS 5 minutes

 POST MONITORING RESULTS, BRAKE/ CLUTCH 5 minutes

HAZARD COMMUNICATION  EVALUATE RISKINESS   45 minutes  October 25, 2000 COLLECTION ACTIVITY BURDEN PER RESPONSE Clerical Employees Supervisory Industrial Hygienist  12   NOTIFY EMPLOYEES  Construction   5 minutes

 Brake and Clutch Repair   5 minutes

 NOTIFY OTHER EMPLOYEES/ TENANTS   5 minutes  October 25, 2000 COLLECTION ACTIVITY BURDEN PER RESPONSE Clerical Employees Supervisory Industrial Hygienist  13  TRAINING  PROVIDE TRAINING  Class II  32 hours

 Class III  16 hours

 Class IV  2 hours

 MAINTAIN RECORDS 5 minutes

MEDICAL SURVEILLANCE  MEDICAL EXAMS  45 minutes 45 minutes

 INITIAL QUESTIONNAIRE  30 minutes 30 minutes

 PERIODIC QUESTIONNAIRE  10 minutes 10 minutes

 INFORMATION TO PHYSICIANS 5 minutes

 PHYSICIAN'S WRITTEN OPINION 5 minutes

 MAINTAIN RECORDS 5 minutes

ACCESS TO RECORDS  EMPLOYEE ACCESS 5 minutes

 EPA ACCESS  Construction 5 minutes  5 minutes

 Brake and Clutch Repair 5 minutes  5 minutes

COMPETENT PERSON  TRAINING  Class I and II   18.67 hours [ c]

 Class III and IV   3.2 hours [ c]

 MAINTAIN RECORDS 5 minutes

Note: Except where noted, these estimates reflect annual burden estimate for each response. [ a] This burden is only incurred in the first year of the rule. EPA adjusted the number of responses in Table 2 to annualize total burden estimates in Table 3. [ b] This burden is only incurred once every five years. EPA adjusted the number of responses in Table 2 to annualize total burden estimates in Table 3. [ c] This is the annualized number of hours for this requirement. In reality, these burdens are not incurred annually. October 25, 2000  14  Table 2. Total Annual Responses COLLECTION ACTIVITY TOTAL ANNUALIZED RESPONSES Clerical Employees Supervisory Industrial Hygienist TOTAL READ AND INTERPRET REGULATION 0 0 8,437 [ a] 0 8,437 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large 163 [ b] 163  FIT TESTING  Full Face Respirators 0 40 40 0 80  Half Mask Face Respirators 0 2,651 2,651 0 5,302  MAINTAIN RECORDS FOR FIT TESTS 2,691 0 0 0 2,691 EXPOSURE MONITORING  INITIAL EXPOSURE ASSESSMENT  Construction 0 0 0 4,240 4,240  Brake and Clutch Repair 0 0 0 1,268 1,268  MAINTAIN RECORDS 13,012 0 0 0 13,012  POST MONITORING RESULTS, BRAKE/ CLUTCH 2,996 0 0 0 2,996 HAZARD COMMUNICATION  EVALUATE RISKINESS 0 0 4,507 0 4,507  NOTIFY EMPLOYEES  Construction 0 0 507,508 0 507,508  Brake and Clutch Repair 0 0 11,984 0 11,984  NOTIFY OTHER EMPLOYEES/ TENANTS 0 0 507,508 0 507,508 TRAINING  PROVIDE TRAINING  Class II 0 2,140 0 0 2,140  Class III 0 1,000 0 0 1,000  Class IV 0 51,905 0 0 51,905  MAINTAIN RECORDS 55,045 0 0 0 55,045 MEDICAL SURVEILLANCE  MEDICAL EXAMS 0 1,917 1,266 0 3,183  INITIAL QUESTIONNAIRE 0 700 462 0 1,162  PERIODIC QUESTIONNAIRE 0 1,217 804 0 2,021  INFORMATION TO PHYSICIANS 3,183 0 0 0 3,183  PHYSICIAN'S WRITTEN OPINION 3,183 0 0 0 3,183  MAINTAIN RECORDS 3,183 0 0 0 3,183 October 25, 2000 COLLECTION ACTIVITY TOTAL ANNUALIZED RESPONSES Clerical Employees Supervisory Industrial Hygienist TOTAL  15  ACCESS TO RECORDS  EMPLOYEE ACCESS 6,089 0 0 0 6,089  EPA ACCESS  Construction 5,097 0 5,097 0 10,194  Brake and Clutch Repair 30 0 30 0 60 COMPETENT PERSON  TRAINING  Class I and II 0 0 704 0 704  Class III and IV 0 0 29,343 0 29,343  MAINTAIN RECORDS 30,047 0 0 0 30,047 TOTALS 124,556 61,570 1,080,341 5,671 1,272,138 [ a] This is calculated as the annualized number of responses by dividing the total number of respondents ( 25,312) by the number of years in the ICR approval period ( 3). [ b] This is the annualized number of responses. EPA assumes that respirator programs will require updating once every five years. Thus, this is calculated by dividing the total number of affected respondents ( 817 large governments with industrial hygienists on staff) by five. October 25, 2000  16  Table 3. Total Annual Burden Estimates COLLECTION ACTIVITY TOTAL ANNUAL BURDEN HOURS Clerical Employees Supervisory Industrial Hygienist TOTAL READ AND INTERPRET REGULATION 0 0 25,312 0 25,312 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large 652 652  FIT TESTING  Full Face Respirators 0 10 10 0 20  Half Mask Face Respirators 0 442 442 0 884  MAINTAIN RECORDS FOR FIT TESTS 224 0 0 0 224 EXPOSURE MONITORING  INITIAL EXPOSURE ASSESSMENT  Construction 0 0 0 8,480 8,480  Brake and Clutch Repair 0 0 0 2,536 2,536  MAINTAIN RECORDS 1,084 0 0 0 1,084  POST MONITORING RESULTS, BRAKE/ CLUTCH 250 0 0 0 250 HAZARD COMMUNICATION  EVALUATE RISKINESS 0 0 3,380 0 3,380  NOTIFY EMPLOYEES  Construction 0 0 42,292 0 42,292  Brake and Clutch Repair 0 0 999 0 999  NOTIFY OTHER EMPLOYEES/ TENANTS 0 0 42,292 0 42,292 TRAINING  PROVIDE TRAINING  Class II 0 68,480 0 0 68,480  Class III 0 16,000 0 0 16,000  Class IV 0 103,810 0 0 103,810  MAINTAIN RECORDS 4,587 0 0 0 4,587 MEDICAL SURVEILLANCE  MEDICAL EXAMS 0 1,438 950 0 2,388  INITIAL QUESTIONNAIRE 0 350 231 0 581  PERIODIC QUESTIONNAIRE 0 203 134 0 337  INFORMATION TO PHYSICIANS 265 0 0 0 265  PHYSICIAN'S WRITTEN OPINION 265 0 0 0 265  MAINTAIN RECORDS 265 0 0 0 265 October 25, 2000 COLLECTION ACTIVITY TOTAL ANNUAL BURDEN HOURS Clerical Employees Supervisory Industrial Hygienist TOTAL 1 Except for brake and clutch repair workers, the estimated numbers of employees reflect the numbers of full time equivalents ( FTEs). The estimated numbers of brake and clutch repair employees reflect the actual numbers of workers.

 17  ACCESS TO RECORDS  EMPLOYEE ACCESS 507 0 0 0 507  EPA ACCESS  Construction 425 0 425 0 850  Brake and Clutch Repair 3 0 3 0 6 COMPETENT PERSON  TRAINING  Class I and II 0 0 13,141 0 13,141  Class III and IV 0 0 93,898 0 93,898  MAINTAIN RECORDS 2,504 0 0 0 2,504 TOTALS 10,379 190,733 223,509 11,668 436,289 Reporting requirements vary among the different burden categories. Some categories impose annual paperwork burdens at the State or local government level while others impose paperwork burdens at the project or employee level. 1 EPA estimates that 25,312 State and local governments will be affected by these information collection activities and that these are the respondents for the ICR. However, many of these respondents will not be affected by all of the information collection requirements. Furthermore, the estimates presented here reflect the incremental hours and costs relative to the current Asbestos WPR. 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.

EPA assumes that at least one person at the State or local government would need to read and interpret the requirements of the rule. EPA expects that this person would be a construction supervisor. The supervisor must read the relevant sections of the Federal Register Notice as well as the relevant cross referenced sections of OSHA's Construction and General Industry Standards. Approximately half of the regulatory text, however, consists of technical appendices that will not be of direct importance to the supervisor. For example, most projects will not need to employ fit testing methods, and monitoring October 25, 2000 2 As defined by the Regulatory Flexibility Act, a small government is any specified government entity, excluding States, with jurisdiction over a population of less than 50,000. For purposes of this analysis, a large government would be any government entity not classified as small.

 18  methods presumably will be performed by a contracted specialist. Given these assumptions, EPA projects that, on average, the supervisor will need three hours to read and understand the regulation. EPA expects that some supervisors would require more time to read and interpret the regulations while some may require less time. Thus, EPA assumes that on average a supervisor in each State or local government would need to spend three hours on this activity. This requirement, however, is only incurred in the first year of the rule. To provide an annualized estimate of the burden over the three year ICR period, EPA divides the total number of respondents ( 25,312 State and local governments) by three. This provides an annualized estimate of 8,437 responses. Thus, this activity will require 25,312 hours on an annualized basis ( 8,437 responses × 3 hours).

B. Respirator Program.

The respiratory protection program under the rule encompasses three paperwork activities: ( a) developing written guidance for implementing the respirator requirements of the rule, ( b) fit testing, and ( c) maintaining records of the fit tests.

Written standard operating procedures covering the care, use, and selection of respirators must be established for each workplace in which respirators are used. Much of the information needed to develop these procedures is specified in the OSHA asbestos standard for construction, as amended by OSHA's 1998 respiratory protection standard ( 63 FR 1152; January 8, 1998). EPA assumed that large governments would have an industrial hygienist on staff who would need four hours to comply with this requirement. 2 EPA assumes that small governments, on the other hand, will not have an industrial hygienist on staff and will instead contract out this service. Using the Regulatory Flexibility Act ( RFA) definition of small government, 24,495 affected governments ( 96.77 percent of the 25,312 total) would be classified as small, leaving 817 large governments with an industrial hygienist on staff. EPA further assumes that the respirator program will need updating every five years. Thus, dividing the total number of large governments by five years yields 163 responses annually. Multiplying by the burden per response ( 4 hours) results in an estimated annual burden of 652 hours of industrial hygienists' time.

Fit testing imposes a requirement on both the worker being fit tested and the worker's supervisor who conducts the fit test. EPA estimates that fit tests for full face respirators will require 15 minutes and half mask respirators will require a fit test lasting 10 minutes. EPA further estimates that 40 full time equivalents ( FTEs) will require full face fit tests and 2,651 FTEs will require half mask fit tests, annually. Thus, fit tests for full face respirators will require 10 hours for both workers and supervisors ( 0.25 hours per fit test × 40 fit tests) and half mask respirator fit tests will require 442 hours for both workers and supervisors ( 0.1667 hours × 2,651 fit tests). In total, workers and supervisors will need to spend 452 hours each on fit testing each year. October 25, 2000 3 EPA assumes that small local governments hire contractors to perform industrial hygiene tasks such as this.

4 See Chapter 6, Table 6 3 of the Economic Analysis.

 19  Maintaining records of the fit tests is assumed to require five minutes of clerical time for each fit test. Thus, a total of 2,691 fit tests will occur annually ( 40 for full face respirators and 2,651 for half mask respirators), requiring 224 hours of clerical labor time each year ( 0.0833 hours × 2,691 fit tests).

C. Exposure Monitoring.

The exposure monitoring section of the rule requires affected projects to perform periodic exposure monitoring unless a negative exposure assessment has been made. For the construction related activities, this will require affected crews ( i. e., groups of workers) to have an initial exposure assessment. EPA estimates that this will require two hours of an industrial hygienist's time every three years. There are a total of 30,047 crews that must be evaluated, resulting in an annual average of 10,016 crews. As with developing respirator programs, EPA assumes that only large governments incur this as a paperwork burden. 3 Furthermore, EPA assumes that large governments will incur a disproportionate amount of the hours associated with this requirement. Specifically, EPA assumes that the number of crews employed by large governments is proportional to the populations of large governments. Based on data in the Economic Analysis for this rule, EPA estimates that 57.66 percent of the total population in the 27 affected States resides in small local government jurisdictions. 4 Thus, EPA assumes that the remainder ( 42.34 percent) reside in large government jurisdictions. This implies that 4,240 annual responses are generated under this requirement ( 10,016 crews × 42.34 percent) in the construction sector. Multiplying by the burden per response ( 2 hours) results in an annual burden of 8,480 industrial hygienist hours.

For brake and clutch repair activities ( which are classified as a general industry activity), this provision will require affected repair shops to establish an exemption from periodic exposure monitoring. EPA estimates that this will require two hours of an industrial hygienist's time annually. As noted above, only large governments with on staff industrial hygienists will incur a paperwork burden under this rule. As with the number of crews above, EPA assumes that large governments will operate a disproportionate number of the affected brake and clutch shops. Specifically, EPA assumes that the number of affected brake and clutch shops in large governments is proportional to the population residing in large governmental jurisdictions. Thus, EPA estimates that 42.34 percent of all affected brake and clutch shops are owned by large State and local governments. Thus, the annual burden for this requirement is based on establishing exemptions at 1,268 repair shops ( 42.34 percent of the 2,996 affected repair shops) for an annual burden of 2,536 industrial hygienist hours.

In addition to performing the initial exposure assessment, the rule requires that records of the findings from the assessment be kept on file. EPA estimates that this October 25, 2000 5 In providing costs for the Economic Analysis for the rule, EPA did estimate a number of projects for custodial work. That estimate, however, was used only to estimate materials usage for some of the compliance requirements.

 20  activity will require five minutes of clerical time for each assessment. Although some of the assessments are performed by non staff industrial hygienists ( i. e., those for small local governments), records from all assessments will need to be kept on file. Thus, there are a total of 13,012 annual assessments for which records must be kept ( 10,016 in the construction sector and 2,996 in the brake and clutch sector). Multiplying by the burden per response ( five minutes) yields an estimated annual clerical burden of 1,084 hours.

As part of the brake and clutch repair assessment, EPA assumes that some sampling will be performed. The rule requires that the results of any exposure monitoring conducted pursuant to the rule be posted for employees to review. Following OSHA's ICRs, EPA assumes that this will require five minutes of clerical time to post the results. All 2,996 repair shops will need to have results posted annually ( i. e., shops owned by both small and large governments), implying an annual burden of 250 clerical hours.

D. Hazard Communication  Notification Requirements The rule contains three notification requirements that will impose paperwork burdens: ( a) evaluating the risk associated with Class I and 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.

The rule requires competent persons to evaluate the risk associated with asbestosrelated construction projects. EPA assumes that this only imposes a paperwork burden on Class I and II projects. EPA assumes that other covered activities ( Class III and IV projects and new construction activities) can be evaluated without any incremental burden. Following OSHA's Asbestos Construction Standard ICR, EPA assumes that this will impose a burden of 45 minutes of supervisory time for each Class I and II project. A total 4,507 Class I and II projects are covered by the rule, implying a total annual burden of 3,380 supervisory hours ( 0.75 hours × 4,507 projects).

The rule also requires employers to notify employees that will be performing asbestos related work prior to beginning the project. For construction activities, EPA assumes that this will require 5 minutes of a construction supervisor's time for all affected projects. EPA excludes Class IV custodial projects from this burden estimate because custodial activities are assumed to occur continuously over the course of the year and are not generally divided into discrete " projects". 5 Based on data in the Economic Analysis, EPA estimates that 507,508 construction projects will require these notifications. Multiplying the estimated number of projects by five minutes ( 0.0833 hours) yields an estimated 42,292 construction supervisor hours to comply with this requirement ( 507,508 projects × 0.0833 hours). October 25, 2000  21  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 2,996 repair shops, so the annual burden for this requirement among brake and clutch repair shops will be 999 hours ( 2,996 shops × 0.0833 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 asbestosrelated work in the building. EPA assumes that this will be incurred only by construction projects and will impose a burden of five minutes of supervisory time per project. In the Economic Analysis for the rule, EPA estimates that 507,508 projects will be affected by this requirement. Multiplying by the burden per response ( five minutes) results in an estimated burden of 42,292 hours of supervisory time annually to comply with this requirement ( 507,508 projects × 0.0833 hours).

E. Training Program.

The rule will require all 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 2,140 Class II workers, 1,000 Class III workers, and 51,905 Class IV workers. This implies annual training requirements of 68,480 hours for Class II workers ( 32 hours × 2,140 workers), 16,000 hours for Class III workers ( 16 hours × 1,000 workers), and 103,810 hours for Class IV workers ( 2 hours × 51,905 workers). The total annual employee hours required for training is 188,290.

Records of the training must be kept on file for each worker who is trained. EPA assumes that this will require five minutes of clerical time per worker trained. A total of 55,045 workers will be trained annually ( 2,140 Class II workers + 1,000 Class III workers + 51,905 Class IV workers), requiring 4,587 clerical hours annually to maintain these records ( 55,045 × 0.0833 hours).

The rule also requires employers to maintain training materials on file for employees to access. The burden associated with this requirement has been included in the burden estimate under employee access to records below.

F. Medical Surveillance.

The rule requires a medical exam for Class I, II, or III employees, including new construction workers, and for workers who are exposed at or above the PEL for more than 30 days annually. The medical surveillance section of the rule will impose five paperwork activities on affected entities: ( 1) medical exams, ( 2) initial and periodic questionnaires, ( 3) providing information to physicians, ( 4) obtaining the physician's written opinion, and October 25, 2000  22  ( 5) maintaining records of the medical exam. In estimating the paperwork burden for this requirement, EPA does not include the physician'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 undergo 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 workers under the revised rule. Based on the Economic Analysis for this rule, EPA estimates that 3,032 workers will require medical exams. Of this total, however, 1,206 are supervisors ( one for each crew; 704 Class II crews and 504 in Class III). Thus, 1,826 non supervisory construction workers will require medical exams. To account for turnover, EPA inflated each of these estimates by five percent. Thus, each year 1,266 supervisors and 1,917 non supervisory construction workers will require medical exams. EPA assumes that these exams will require 45 minutes each, imposing an annual burden of 2,387 hours ( 1,438 hours for construction workers and 950 hours for supervisors).

The rule also requires that workers undergoing medical exams fill out medical questionnaires designed to assess current and past asbestos related risk. For a 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 estimated the annual number of initial exams by calculating the total number of initial exams that will take place over the three year ICR period and then dividing by three years. EPA assumes that all exams in the first year are initial exams ( including those that account for employee turnover) and that only exams covering employee turnover in years two and three will be initial exams. Thus, the annual number of initial exams would be calculated as:

annual initial exams = [ 1.05x + 0.05x + 0.05x]/ 3 = 1.15x/ 3 where x is the number of first year workers covered by the medical exams requirement ( i. e., not adjusted for turnover) and the numerical coefficients account for turnover. This is applied to both supervisors and non supervisory construction workers who are subject to the medical exam requirement of the rule. Thus, based on the estimates above for medical exams, 700 non supervisory construction workers ([ 1,826 × 1.15]/ 3) and 462 supervisors ([ 1,206 × 1.15]/ 3) will fill out initial questionnaires annually. EPA assumes that completing the initial questionnaire imposes a burden of one half hour. Thus, completing initial questionnaires will impose a burden of 350 hours on non supervisory construction workers and 231 hours on supervisory construction workers each year.

EPA assumes that all non initial exams that occur annually will require the worker to complete a periodic questionnaire. The number of periodic questionnaires is estimated by subtracting the number of initial questionnaires from the total number of medical exams. Thus, EPA estimates that 1,217 non supervisory workers ( 1,917  700) and 804 October 25, 2000  23  supervisors ( 1,266  462) will complete periodic questionnaires each year. EPA assumes that the periodic questionnaire will take 10 minutes to complete. Thus, this requirement imposes a burden of 203 hours on non supervisory construction workers ( 1,217 workers × 0.1667 hours) and a burden of 134 hours on supervisors ( 804 workers × 0.1667 hours).

The rule requires employers to provide examining physicians with a number of pieces of information, including:

! A copy of the OSHA Construction Standard including Appendices D, E, and I of the Standard;

! A description of the employee's duties;

! The employee's representative exposure level;

! A description of any personal protective equipment used by the employee; and ! Information from previous medical exams that is not otherwise available to the physician.

EPA assumes that providing this information will impose a five minute burden for each annual medical exam and that affected government entities will use clerical labor to comply with this requirement. There are a total of 3,183 medical exams performed annually ( 1,917 for non supervisory construction workers and 1,266 for supervisory construction workers). Thus, this requirement will impose an annual burden of 265 clerical hours.

The rule requires employers to obtain a written opinion from the physician for each medical exam. EPA assumes that obtaining the physician'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 3,183 medical exams performed annually. Thus, obtaining the physician's written opinion will impose an annual burden of 265 clerical hours.

The rule requires employers to maintain medical records for each employee. 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 3,183 medical exams performed annually. Thus, EPA estimates that maintaining medical records will impose an annual burden of 265 clerical hours.

G. Access to Records.

The rule requires affected employers ( a) to allow employees access to a variety of records and ( b) to allow the EPA to inspect those records. October 25, 2000  24  EPA assumes that allowing employees to access their own records will require five clerical minutes for each occurrence. EPA estimates that 60,890 employees will be affected by the rule and that 10 percent of those will access their own records each year. Thus, employees will access records 6,089 times annually. This results in a total annual burden of 507 clerical hours.

EPA assumes that its access to employer records will require five minutes for both a clerical worker and a supervisor for each time the Agency accesses records. For the construction sector, EPA assumes that this will occur in approximately five percent of Class I projects and one percent of new construction and Class II, III, and IV projects. For brake and clutch work, EPA assumes that one percent of all brake and clutch repair shops will be inspected annually. Based on these assumptions, EPA will access the records of 5,097 construction projects each year and the records of 30 brake and clutch repair shops. Thus EPA will access records 5,127 times annually. This results in a total annual burden of 425 hours of both clerical and supervisory time for construction related work and a total annual burden of three hours of both clerical and supervisory time for brake and clutch repair.

H. Competent Person.

The rule requires all construction worksites that are covered by the rule to be supervised by an individual trained as a competent person. This will require affected State and local governments to train one person from each work crew as a competent person. EPA assumes that competent person training for Class I crews is not incremental to the rule. For Class II work, EPA competent person training will require a 40 hour training course every five years with an eight hour course in all other years. Thus, over the threeyear ICR period, Class II competent persons will require 56 hours of training ( 40 hours in the first year and 8 hours in the other two years). Thus, the annual average training for Class II competent persons is 18.67 hours ([ 56 hours]/[ three years]). This can be applied to 704 supervisors that must be trained as Class II competent persons for an annual burden of 13,141 supervisor 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 Class III and IV competent persons is 3.2 hours [( 16 hours)/( five years)]. This can be applied to 29,343 supervisors that must be trained as Class III or IV competent persons for an annual burden of 93,898 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 30,047 competent persons will be trained annually ( 704 under Class II and 29,343 under Class III and IV). Thus, maintaining records of competent person training will require 2,504 clerical hours ([ 0.083 hours] × [ 30,047 competent persons]) annually. October 25, 2000  25  October 25, 2000  26  Summary of Burden Estimates Table 3 summarizes the total burdens associated with each of the categories discussed above. EPA estimates that the total annual respondent burden for this ICR will be 436,289 hours. The ICR affects a total 25,312 respondents ( i. e., all affected State and local governments). The total number of annual responses is estimated to be 1,272,138 ( see Table 2). Thus, the burden per respondent is 17.24 hours ([ 436,289 burden hours]/[ 25,312 respondents]) and the average burden per response is 0.35 hours ([ 436,289 burden hours]/[ 1,272,138 responses]).

The total burden for this ICR ( 436,289 hours) is larger than the total burden under the previous ICR ( 47,133 hours). However, given the expanded scope and requirements of the rule, estimates from the previous ICR are not readily comparable. It should be noted, however, that a respondent under the previous ICR was defined as an abatement project, but has now been redefined as an affected State or local government under this ICR based on the expanded scope of the rule. The burden per respondent for this ICR ( 17.24 hours) is lower than under the previous ICR ( 22.66 hours).

6( b) Estimating Respondent Costs Table 4 provides an estimate of respondent costs, based on the burden estimates ( Table 3) and the following hourly labor cost assumptions:

# Clerical labor costs $ 17.97 per hour,

# Construction employee ( non supervisory) labor costs $ 26.26 per hour,

# Brake and clutch repair employee labor costs $ 19.62 per hour,

# Construction supervisor labor costs $ 35.01 per hour,

# Brake and clutch repair supervisor labor costs $ 22.57 per hour, and # Industrial hygienist labor costs $ 73.45 per hour.

These hourly labor costs reflect both wage and non wage benefits for these categories of employees in year 2000 dollars. The derivation of the labor costs appear in an attachment to the ICR. Cost estimates in Table 4 are derived by multiplying the respondent burden hours for each requirement by the appropriate hourly labor cost from above. October 25, 2000  27  Table 4. Total Annual Cost of Respondent Burden Hours COLLECTION ACTIVITY TOTAL ANNUAL BURDEN HOUR COSTS Clerical Employees Supervisory Industrial Hygienist TOTAL READ AND INTERPRET REGULATION $ 0 $ 0 $ 886,146 $ 0 $ 886,146 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large $ 47,890 $ 47,890  FIT TESTING  Full Face Respirators $ 0 $ 263 $ 350 $ 0 $ 613  Half Mask Face Respirators $ 0 $ 11,601 $ 15,468 $ 0 $ 27,069  MAINTAIN RECORDS FOR FIT TESTS $ 4,030 $ 0 $ 0 $ 0 $ 4,030 EXPOSURE MONITORING  INITIAL EXPOSURE ASSESSMENT  Construction $ 0 $ 0 $ 0 $ 622,869 $ 622,869  Brake and Clutch Repair $ 0 $ 0 $ 0 $ 186,273 $ 186,273  MAINTAIN RECORDS $ 19,486 $ 0 $ 0 $ 0 $ 19,486  POST MONITORING RESULTS, BRAKE/ CLUTCH $ 4,487 $ 0 $ 0 $ 0 $ 4,487 HAZARD COMMUNICATION  EVALUATE RISKINESS $ 0 $ 0 $ 118,339 $ 0 $ 118,339  NOTIFY EMPLOYEES  Construction $ 0 $ 0 $ 1,480,609 $ 0 $ 1,480,609  Brake and Clutch Repair $ 0 $ 0 $ 22,537 $ 0 $ 22,537  NOTIFY OTHER EMPLOYEES/ TENANTS $ 0 $ 0 $ 1,480,609 $ 0 $ 1,480,609 TRAINING  PROVIDE TRAINING  Class II $ 0 $ 1,798,058 $ 0 $ 0 $ 1,798,058  Class III $ 0 $ 420,107 $ 0 $ 0 $ 420,107  Class IV $ 0 $ 2,725,708 $ 0 $ 0 $ 2,725,708  MAINTAIN RECORDS $ 82,444 $ 0 $ 0 $ 0 $ 82,444 MEDICAL SURVEILLANCE  MEDICAL EXAMS $ 0 $ 37,751 $ 33,241 $ 0 $ 70,992  INITIAL QUESTIONNAIRE $ 0 $ 9,190 $ 8,087 $ 0 $ 17,277  PERIODIC QUESTIONNAIRE $ 0 $ 5,326 $ 4,691 $ 0 $ 10,017  INFORMATION TO PHYSICIANS $ 4,767 $ 0 $ 0 $ 0 $ 4,767  PHYSICIAN'S WRITTEN OPINION $ 4,767 $ 0 $ 0 $ 0 $ 4,767  MAINTAIN RECORDS $ 4,767 $ 0 $ 0 $ 0 $ 4,767 October 25, 2000 COLLECTION ACTIVITY TOTAL ANNUAL BURDEN HOUR COSTS Clerical Employees Supervisory Industrial Hygienist TOTAL 6 This estimate is based on 25,312 affected State and local governments which comprise the set of respondents.

 28  ACCESS TO RECORDS  EMPLOYEE ACCESS $ 9,120 $ 0 $ 0 $ 0 $ 9,120  EPA ACCESS  Construction $ 7,634 $ 0 $ 14,870 $ 0 $ 22,504  Brake and Clutch Repair $ 45 $ 0 $ 56 $ 0 $ 101 COMPETENT PERSON  TRAINING  Class I and II $ 0 $ 0 $ 460,064 $ 0 $ 460,064  Class III and IV $ 0 $ 0 $ 3,287,254 $ 0 $ 3,287,254  MAINTAIN RECORDS $ 45,003 $ 0 $ 0 $ 0 $ 45,003 TOTALS $ 186,550 $ 5,008,004 $ 7,812,321 $ 857,032 $ 13,863,90 Note: Some rounding error exists in these estimates.

Based on the above hourly labor cost data, EPA calculated the total respondent cost to be $ 13.9 million annually. This translates into a per respondent burden of $ 547.72.6 As with the estimate for the number of burden hours, the total cost of the burden has increased substantially from the previous ICR. However, given the expanded scope and requirements of the rule, the previous estimates are not necessarily comparable to the estimates provided here. Again, a respondent under the previous ICR was defined as an abatement project, but has been defined as an affected State or local government under this ICR based on the expanded scope of the rule. Nonetheless, cost per respondent is lower under this ICR ($ 547.72) than under the previous ICR ($ 1,151).

6( c) Estimating Agency Burden and Cost Table 5 shows the estimated Agency burden associated with this ICR. EPA has determined that only one Agency activity will create a burden under the rule: inspecting projects. Projects can be inspected for two reasons: ( a) as part of the neutral administrative inspection program or ( b) in response to a complaint. In the previous ICR, EPA provided separate estimates for each category. However, the data in the Economic Analysis do not allow EPA to make such a distinction in this ICR because of the expanded scope of the rule.

For the construction sector, EPA assumes that five percent of Class I projects and one percent of new construction and Class II, III, and IV projects will be inspected annually. For brake and clutch work, EPA assumed that one percent of all brake and clutch repair October 25, 2000 7 Salary figure taken from: U. S. Office of Personnel Management ( OPM), 2000. 2000 General Schedule ( Not Including Locality Rates of Pay), January. Because 27 different states are covered by this rule, it is not possible to include a single locality pay raise adjustment that would apply to all of them. Therefore, EPA used OPM's general schedule as an estimate of the annual salary.

8 U. S. EPA, 1996. Draft ICR Handbook, EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act of 1995, p. A 36 September, 1996.

 29  shops will be inspected annually. EPA further assumes that inspections of Class I and Class II construction projects and brake and clutch establishments will require one hour of an inspector's time and that inspections of Class III and IV construction projects ( including new construction projects) will require 15 minutes. EPA used these assumptions in combination with estimates of the numbers of projects and brake and clutch establishments to generate estimates of the time required to comply:

! Based on an estimated 554 Class I construction projects, EPA will inspect 28 Class I projects annually [ 554 projects] × [ 5 percent]) requiring 28 hours for Class I construction project inspections.

! Based on an estimated 3,953 Class II construction projects, EPA will inspect 40 Class II projects annually [ 3,953 projects] × [ 1 percent]) requiring 40 hours for Class II construction project inspections.

! Based on an estimated 503,000 non custodial Class III and IV construction projects, including new construction projects, EPA will inspect 5,030 noncustodial Class III and IV projects annually [ 503,000 projects] × [ 1 percent]) requiring 1,258 hours for non custodial Class III and IV construction project inspections.

! Based on an estimated 2,996 brake and clutch repair shops, EPA will inspect 30 brake and clutch repair shops annually [ 2,996 shops] × [ 1 percent]) requiring 30 hours for brake and clutch repair shop inspections.

In total, EPA will incur an annual requirement of 1,356 hours associated with inspections.

A GS 9, Step 1 base salary of $ 32,380 was used to calculate costs for inspections. 7 The annual salary was then inflated by a factor of 1.6 to account for overhead and benefits. 8 Thus, the fully loaded annual labor cost for Federal employees who will conduct the inspections under this ICR is $ 51,808. Based on a 2,080 hour work year, the fully loaded hourly labor cost is $ 24.91 for a GS 9 employee. October 25, 2000  30  Table 5. Annual Agency Burden and Cost Estimate Activity Burden Hours Cost Inspections ( GS 9 Step 1) 1,356 $ 33,778 Total 1,356 $ 33,778 6( d) Bottom Line Burden Hour and Costs/ Master Tables The total burden hours for respondents and for the Federal government are illustrated in Table 6.

Table 6. Bottom Line Annual Burden Hours and Costs Party Burden Hours Cost Respondents 436,289 $ 13,863,907 Federal Agency 1,356 $ 33,778 Total 437,645 $ 13,897,685 6( e) Reasons for Change in Burden The total burden for this ICR has increased from the previous ICR by 389,156 hours ( from 47,133 to 436,289). This change, which is considered to be a program change, results from the amended rule's expansion of the scope of the Asbestos WPR. The 1987 EPA Asbestos WPR covered abatement activities only. The final rule expands coverage to include new construction, renovation, maintenance, custodial, and brake and clutch repair activities. Based on the expanded scope of the rule, EPA has also redefined " respondent" in this ICR to be a State or local government. In the previous ICR for the Asbestos WPR, EPA had defined a respondent as an asbestos abatement project. As a result, the changes are not directly comparable. Previously, the burden average was 22.66 hours per response, with a total annual burden of 47,133 hours for an estimated 2,080 respondents. The revised ICR reflects an estimated average of 17.24 hours per respondent, with a total annual burden of 436,289 hours for an estimated 25,312 respondents. October 25, 2000  31  In addition, the Agency costs are not comparable to the previous ICR. In estimating the costs for this ICR, EPA deleted two activities included under the previous ICR. Furthermore, in providing estimates for the one remaining requirement ( inspections), EPA used updated assumptions for the frequency of inspections and the per inspection Agency burden. 6( f) Burden Statement The public reporting burden for this collection of information is estimated to average 17.24 hours per respondent, and total 436,289 hours annually, assuming an estimated 25,312 respondents. According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes the time needed to review instructions; develop, acquire, install, and utilize technology and 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 number for this information collection appears above. In addition, the OMB control numbers for EPA's regulations, after initial display in the Federal Register, are listed in 40 CFR part 9.

The Agency always welcomes comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques. Please send such comments to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( Mail Code 2822), 1200 Pennsylvania Ave., NW., Washington, D. C. 20460. Include the OMB control number 2070 0072 in any correspondence, but do not submit the requested information to this address. The requested information should be submitted in accordance with the instructions accompanying the form, or as specified in the corresponding regulation.

References For Section 6 OSHA, 2000a. Supporting Statement for the Information Collection Requirements of the Asbestos Standard ( Construction), OMB Approval Number 1218 0134.

OSHA, 2000b. Supporting Statement for the Information Collection Requirements of the Asbestos Standard ( General Industry), OMB Approval Number 1218 0133.

U. S. EPA, 2000. Final Asbestos Worker Protection Rule Economic Analysis, Economic and Policy Analysis Branch, Economics, Exposure and Technology Division, Office of Pollution Prevention and Toxics, September 25. October 25, 2000  32  ATTACHMENTS:

NOTE: Unless otherwise noted below, the electronic copies of the attachments are included at the end of the electronic file for this ICR.

Attachment A: Copy of Toxic Substances Control Act ( TSCA) § 6 [ 15 U. S. C. 2605] You can access TSCA electronically through the EPA home page at http:// www. epa. gov/ epahome/ laws. htm.

Attachment B: Copy of TSCA § 8( a) [ 15 U. S. C. 2607( a)] You can access TSCA electronically through the EPA home page at http:// www. epa. gov/ epahome/ laws. htm.

Attachment C: Copy of Final Rule Using the date of its publication in the Federal Register, you can access the Final Rule electronically at http:// www. epa. gov/ fedrgstr/.

Attachment D: Hourly Labor Costs Used in Estimating Respondent Burden Costs Attachment E: Display Related to OMB Control # 2070 0072  Listings of Related Regulations in 40 CFR 9.1 Attachment F: Response to OMB Comments on the Proposed Rule ICR You may also access an electronic copy of this ICR ( under EPA ICR # 1246.08) at http:// www. epa. gov/ icr/ icr. htm, or through the EPA home page at http:// www. epa. gov/ fedrgstr/ under the entry for the final rule, which can be located using the date of its publication in the Federal Register. To access electronic information about the Asbestos Program go to http:// www. epa. gov/ opptintr/ asbestos/ index. htm. October 25, 2000 D  1 ATTACHMENT D Hourly Labor Costs Used in Estimating Respondent Burden Costs Worker category Raw Hourly Wage Rate [ a] Loaded Hourly Wage Rate [ b]

Construction sector worker $ 17.18 [ c] $ 26.26 Construction supervisor $ 22.91 [ d] $ 35.01 Clerical worker $ 11.76 [ e] $ 17.97 Brake and clutch repair mechanic $ 12.84 [ f] $ 19.62 Brake and clutch repair supervisor $ 14.77 [ g] $ 22.57 Industrial hygienist $ 48.06 [ h] $ 73.45 [ a] Source: BLS, 2000a, except for industrial hygienist category which was taken from OSHA, 1996a. [ b] EPA calculates the loaded hourly wage rate by inflating the raw hourly wage rate by 53.1 percent ( i. e, multiplying by a factor of 1.528). This mark up was derived from BLS data ( BLS, 2000b). In that data, BLS reports that among State and local government employees total compensation ( including non monetary benefits) was $ 22.78 per hour in blue collar occupations and $ 22.05 in service occupations ( both March, 2000). Wages and salaries among State and local government employees in these two occupation categories were $ 15.05 and $ 14.29 respectively. This implies that benefits mark up for blue collar employees was 1.514 ($ 22.78/$ 15.05) and for service employees was 1.543 ($ 22.05/$ 14.29). The average of these two mark ups is 1.528. [ c] This is the average hourly wage for the " Construction" industry in the BLS data ( BLS, 2000a). [ d] The construction supervisor wage is derived by marking up the construction worker wage by 33.3 percent. This markup was derived from median weekly earnings data found in BLS, 2000a. In that data, construction supervisors' median weekly earnings were $ 720 in 1999 and non supervisory construction workers' median weekly earnings were $ 540 in 1999. The ratio of these two ( 1.333 = $ 720/$ 540) was used as the supervisor's hourly wage markup. [ e] This is the average hourly wage for the " Business services, Photocopying and duplicating services" industry in the BLS data ( BLS, 2000a). [ f] This is the average hourly wage for the " Automotive repair shops" industry in the BLS data ( BLS, 2000a). [ g] The brake and clutch repair supervisor wage is derived by marking up the construction worker wage by 15 percent. This follows OSHA ( 1994). [ h] The industrial hygienist's wage was taken from OSHA ( 1996). In that analysis, the hourly wage rate for an industrial hygienist was $ 43.49. EPA inflated this by 10.5 percent to update the estimate to year 2000 dollars. The 10.5 percent inflation adjustment is based on the rate of wage inflation in the " health services" industry in BLS ( 2000a) between 1996 and 2000. October 25, 2000 D  2 References for Attachment Bureau of Labor Statistics ( BLS), 2000a. Employment and Earnings, January.

Bureau of Labor Statistics ( BLS), 1999b. " Employer Costs for Employee Compensation  March 2000," News, BLS, U. S. Department of Labor, USDL: 00.186, June 29.

OSHA, 1994. Final Regulatory Impact and Regulatory Flexibility Analysis for Revisions to the Asbestos Worker Protection Rule, July.

OSHA 1996. Unit Costs Applied in the Analysis of Total Costs Associated with the Revised Asbestos Standard, Tabulation provided to Eastern Research Group, Lexington, MA by Robert Blicksilver, U. S. OSHA Office of Regulatory Analysis, May. October 25, 2000 E  1 ATTACHMENT E Display Related to OMB Control # 2070 0072  Listings of Related Regulations in 40 CFR 9.1 As of May 10, 1993, the OMB approval numbers for EPA regulations in Chapter I of Title 40 of the Code of Federal Regulations ( CFR) appear in a listing in 40 CFR 9.1 ( 58 FR 27472). This listing fulfills the display requirements in section 3507( f) of the Paperwork Reduction Act ( PRA) for EPA regulations.

The listing at 40 CFR 9.1 displays this OMB Control number for the following regulations, and is verified as current:

Program Title 40 CFR citation Asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 763, subpart G October 25, 2000 F  1 ATTACHMENT F Response to OMB Comments on the Proposed Rule ICR The Proposed Rule Related Replacement ICR to the Existing ICR entitled " Reporting and Recordkeeping for Asbestos Abatement Worker Protection; EPA ICR # 1246.07; OMB # 2070 0072" was submitted to OMB for review and approval under the Paperwork Reduction Act on April 27, 2000. OMB has concluded its review and issued the OMB Action Notice on July 20, 2000, providing the following comments for EPA consideration in developing the final rule:

" The agency should resubmit the final draft of this ICR after taking into consideration any comments received on the proposed Asbestos Abatement Worker Protection Rule. The agency should provide to OMB a summary of comments received on the information collection aspects of the rule, as well as the agency's response to those comments. The agency is encouraged to continue to improve burden estimates by updating hour per respondent estimates using OSHA experience, and also by revising wage estimates taking into account guidance provided by EPA's Office of Environmental Information and OMB."

In early August, EPA provided OMB's Desk Officer with a summary of the comments that EPA received on the proposed rule, along with the Agency's draft response to those comments. A more detailed discussion of the comments received and EPA's responses to those comments can be found in the preamble to the final rule ( see Attachment C). With the exception of Texas A & M, all of the 12 other commenters generally supported the proposal and encouraged EPA to be as consistent as possible with the OSHA Asbestos Standards. With regard to the ICR, Texas A & M expressed concern that the annual training for custodians, and the associated recordkeeping, was " excessive" and " cumbersome" for employers with large numbers of custodial employees, but did not dispute EPA's incremental cost estimate of $ 49.79 per full time equivalent employee per year for custodial training, including the associated recordkeeping costs. As indicated in the final rule, EPA believes that the annual educational requirements for custodians are minimal, consisting of at least two hours of awareness training on topics such as the health effects of asbestos, how to work around asbestos containing materials safely, and where asbestos containing materials are located in the building. EPA continues to believe that the benefits of protecting custodians under this regulation, including the 58 estimated cancer cases avoided and consistency with OSHA, outweigh this expense/ burden.

In addition, the Agency has improved the burden estimates based on information obtained from OSHA, and has revised the wage estimates taking into account guidance provided by EPA's Office of Environmental Information and OMB.


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. Being from a country where the minimum age of tobacco sales is often ignored by vendors, I have been been smoking since about twelve years of age. Despite various and numerous attempts to quit cigarettes and cigars, it was to no avail. I always ended up smoking again. Several months ago, I heard about e-cigarettes and their use, commonly known as vaping. I did a bit of digging around the internet, using plethora of positive and negative sources, I learned that the main ingredients of e-cigarette liquids are nicotine, which is completely optional as I learned from my local vape store, propylene glycol and vegetable glycerin. The nicotine is an optional ingredient. The dosage of nicotine can be adjusted to fit the user's desired strength or removed entirely. Propylene glycol research yielded, in short, that the FDA as well as the the World Health Organization also considers it as safe for use in its medical grade form for medicine and food use, such as inhaler medication, desert foods and cosmetics. I do recognize as a studying automotive technician that propylene glycol has other, more harmful effect in industrial grade strength in products such as brake fluid, hydraulic fluid and anti-freeze. However this is NOT the grade used in e-liquids. Again, medical grade propylene glycol is generally recognized as safe and the amount in e-cigarette fluids is well within normal. Vegetable glycerin, a common byproduct of vegetable oil productions, such as soaps and biodiesel, is very commonly used in foods as a substitute sweetener, cosmetics and a range of medicines. With the science out of the way, feeling pretty confident about the safety of the product, I made a purchase of an electronic cigarette. At first, I was using it along side regular cigarettes, rationing the remaining cigarettes to a stop. With my last cigarette two weeks ago, with the use of the e-cigarette, I have not had almost any cravings, and generally I am feeling better, more energized and breathing easier. I can now safely, in regards to accidental burns and fire, enjoy my old habits indoors and in many places I normally wouldn't be allowed to smoke. I enjoy that I no longer smell like an ashtray, and the freedom of being able to not be tied down to a schedule of when to smoke. There is joyous feeling that I no longer have to panic if I don't have a cigarette to smoke and no longer have to rush to the store in the sight of the last cigarette in the pack. A 12ml bottle of liquid lasts almost two weeks making it also cheaper as well. I realize and recognize that it's not a perfect solution to the problem of smoking and it may not be 100% safe but it sure beats smelling like smoke, generally feeling unwell and the much more potent health risks of burning cigarettes. Another research I conducted even unveiled that nicotine may have positive effects on mental activity such as depression.

I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.