SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Asbestos (40 CFR part 61, subpart M) (Renewal)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NESHAP for Asbestos (40 CFR part 61, subpart M) (Renewal)

	1(b)  Short Characterization/Abstract

	The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos were proposed on January 10, 1989, and promulgated on November 20, 1990 (55 FR 48414).  These standards apply to demolition and renovation of facilities; the disposal of asbestos waste; asbestos milling, manufacturing and fabricating; the use of asbestos on roadways; asbestos waste conversion facilities; and the use of asbestos insulation and sprayed-on materials.  This information is being collected to assure compliance with 40 CFR part 61, subpart M.

	The monitoring, recordkeeping, and reporting requirements outlined in these rules are similar to those required for other NESHAP regulations.  Consistent with the NESHAP General Provisions (40 CFR part 61, subpart A), respondents are required to submit initial notifications, conduct performance tests, and submit semiannual reports.  They are required to submit semiannual reports of instances when visible emissions are observed at any time during the six-month period.  They are also required to maintain records of applicability determinations; performance test results; exceedances; periods of startup, shutdown, or malfunction; monitoring records; and all other information needed to determined compliance with the applicable standard.

	An owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records.  Records and reports must be retained for a total of 5 years, two years on-site.  The files may be maintained on microfilm, on a computer or floppy disks, on magnetic tape disks, or on microfiche.  All reports are sent to the delegated state or local authority.  In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

	For the renewal of this Information Collection Request (ICR), OMB did not request that EPA address any Terms of Clearance.

We have determined that there are an estimated 9,394 existing sources currently subject to this rule and that an estimated 38 new sources each year will become subject to this rule over the next three years of this ICR.  We have assumed that there are no waste conversion facilities

currently operating since the Agency has not approved applications for construction of such operations over the past five years.  We have also assumed that there are no operations using asbestos insulation and sprayed-on materials because the Agency has banned spray application of asbestos insulation to architectural applications.  Therefore, the burden associated with this rule is primarily a result of demolition and renovation of facilities; the disposal of asbestos waste and asbestos milling, manufacturing and fabricating as described below:

1) There are an estimated 8,462 operators of 92,790 existing demolition/renovation asbestos job sites or an average of 11 notifications per operator per year, of which 85 percent or 9 are for initial notifications and the remaining 2 are for re-notifications.  We have also assumed that there would be an increase of about 1 percent on the number of operators or 84 new operators over the next three years (i.e., 28 new operators per year) due to new demolition/renovation sites resulting from reconstruction efforts in areas affected by recent hurricanes.  Therefore, assuming the same average of notifications per operator, we expect an increase of 924 notifications over the next three years of this ICR.

2) There are an estimated 400 existing asbestos milling, manufacturing and fabricating sources and no new sources are expected to become subject to this rule since less asbestos is finding its way into products.

3) There are an estimated 1,119 municipal/Subtitle D landfills (i.e., waste disposal sites) nation-wide, of which 50 percent or 560 will be receiving asbestos-containing wastes and subject to this rule.  We anticipate no net growth in this industry due to the assumption that 10 landfills will close each year while 10 new landfills will commence to accept asbestos-containing materials and will become subject to this rule.

The estimated number of sources for each category and the assumptions made were based on a review of the information available on the active ICR, EPA databases such as the National Asbestos Registry System (NARS) data for demolition/renovation contractors, and consultation with the rule lead addressing this source category at the Office of Air Quality Planning and Standards (OAQPS), and the sector lead in the Office of Compliance.

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	EPA is charged under section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants (HAP).  These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction.  In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

	In the Administrator's judgment asbestos emissions from the demolition and renovation of asbestos-containing structures, the disposal of asbestos waste, asbestos waste conversion operations, asbestos milling, manufacturing, and fabricating, the use of asbestos on roadways, and the use of asbestos insulation and spray materials cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NESHAP standards were promulgated for this source category at 40 CFR part 61, subpart M.

	2(b)  Practical Utility/Users of the Data

	The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations that were promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.  Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

	The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standard is being met.  The performance test may also be observed.

	The periodic reports on waste management required for all sources and the semiannual compliance certifications required for asbestos mills, manufacturing and fabricating sources in the standard are used to determine periods of excess emissions, identify problems at the facility, verify operation and maintenance procedures and for compliance determinations.

3.  Nonduplication, Consultations, and Other Collection Criteria

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

	3(a)  Nonduplication

	If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

	3(b)  Public Notice Required Prior to ICR Submission to OMB

	An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (70 FR 24020) on May 6, 2005.  No comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	The estimated number of sources for each category was based on a review of the standard, information available in the active ICR, and on EPA databases such as the National Asbestos Registry System (NARS) for demolition/renovation contractors, consultation with Susan Fairchild, the rule lead addressing this source category at the Office of Air Quality Planning and Standards (OAQPS) and with Everett Bishop, the sector lead in the Office of Compliance.  We also consulted James Thompson, President of the Waste Business Journal, at<PHONE_NUMBER>), to confirm the number of municipal landfills operating.

Any pertinent comments received since the last ICR renewal, as well as those submitted in response to the first Federal Register notice announcing the renewal of this ICR, have been reviewed, and it has been determined that no further consultations with industry are necessary to calculate the burden for this renewal.  It should be noted that the respondents, the industry trade associations including the Technical Association of the Pulp and Paper Industry (TAPPI) and the Asphalt Roofing Manufacturers Association (ARMA), and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed.

	3(d)  Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and that emission limitations are met.  If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

	3(e)  General Guidelines

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

	These standards require the respondents to maintain all records, including reports and notifications for at least five years.  This is consistent with the General Provisions as applied to the standards.  EPA believes that the five-year records retention requirement is consistent the part 70 permit program and the five-year statute of limitations on which the permit program is based.  Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action.  Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years.  EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years.

	3(f)  Confidentiality

	Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

	3(g)  Sensitive Questions

	None of the reporting or recordkeeping requirements contain sensitive questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents to the recordkeeping and reporting requirements are owners or operators of demolition and renovation of facilities; the disposal of asbestos waste; asbestos milling, manufacturing and fabricating; the use of asbestos on roadways; asbestos waste conversion facilities; and the use of asbestos insulation and sprayed-on materials.

Regulations	SIC Codes	NAICS Codes

40 CFR 260.142, 144 & 147 (Mills, Manufacture and Fabrication)	3292 (asbestos products)

2661 (building paper and board mills)

3996 (hard surface floor coverings)

2812 (alkalies and chlorine)	33634 (Motor Vehicle Brake System Manufacturing)

327999 (All Other Miscellaneous Nonmetallic Mineral Product Manufacturing)

23311  Land Subdivision and Land Development

326192  Resilient Floor Covering Manufacturing

325181  Alkalies and Chlorine Manufacturing

40 CFR 260.145 (Renovation and Demolition)

	1795 (wrecking and demolition work)

15 (general building contractors) 16 (heavy construction contractors)

17 (special trade contractors) 6552 (subdividers and developers)	23594  Wrecking and Demolition Contractors

23321  Single Family Housing Construction

23332  Commercial and Institutional Building Construction

23322  Multifamily Housing Construction

23331  Manufacturing and Industrial Building Construction

23411  Highway and Street Construction

23412  Bridge and Tunnel Construction

23491  Water, Sewer, and Pipeline Construction

56291  Remediation Services

23594  Wrecking and Demolition Contractors

23571  Concrete Contractors

23542  Drywall, Plastering, Acoustical, and Insulation Contractors

23561  Roofing, Siding, and Sheet Metal Contractors

23552  Floor Laying and Other Floor Contractors

23543  Tile, Marble, Terrazzo, and Mosaic Contractors

23311  Land Subdivision and Land Development

40 CFR 260.150 & 151 (Waste Disposal Landfills)	4953 (refuse systems). 562212  Solid Waste Landfill

 	4(b)  Information Requested

(i)  Data Items

	All data in this ICR that are recorded and/or reported are required by NESHAP for Asbestos (40 CFR part 61, subpart M).

	A source must make the following reports:

Notification Reports	Standard Citation by Section

Notification and application of construction or modification	61.07

61.155(a)(1)

Notification of actual startup.	61.09

Notification of physical or operational change which may increase the emission rate.	61.15

Notification of performance tests results.	61.13(f)

Notification of emissions testing.	61.13(c)

Application for waiver of testing.	61.13(i)(1), and 61.13(i)(2)

Notification requirements by demolition and renovation sources	61.145(b)

Notification of start up spraying operations	61.146(b)

Reports

Source initial status report, except for roadways, demolition and renovation, spraying and insulating materials operations.

61.153(a)

61.10(a)

Maintenance plan by asbestos mills, manufacturing and fabricating sources

61.142(b)(2) 61.144(b)(4) 61.147(b)(4)

Semiannual visible emissions report by asbestos mills and manufacturing sources

61.142(b)(6)

61.144(b)(8)

Prior to excavating asbestos waste	61.151(d)

61.154 (j)

Visible emissions (semiannual)

61.142(b)(6) 61.144(b)(8) 61.147(b)(8)

Waste shipment record not received

61.149(e)(3) 61.150(d)(4)

Report of records upon landfill closure

61.154(h)

Waste conversion operations: Report of analysis of samples during the initial 90 days

61.155(g)(1)

Waste conversion operations: Quarterly reports of operations and monthly product composite samples

61.155(g)(2)

A source must keep the following records:

Recordkeeping

Startup, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative.	61.14(f)

Visible emission monitoring and air cleaning device inspections

61.13(g)

61.142(b)(3)

61.144(b)(5) 61.147(b)(5)

Record of operations including temperature when not wetting by demolition and renovation sources

61.145(c)(7) 61.149(c)(1)(iii)

Waste shipment records

61.149(e)(1) 61.150(d)(1) 61.154(e)(1)

Records of monitoring and inspection records are required to be retained for 2 years.

61.144(b)(7), 61.145(c)(7)(iii)

61.147(b)(7)

61.149(e)(4)

61.150(d)(5)

61.155(e)(4)

Startup and initial 90 days of operations by asbestos conversion operations

61.155(f)

Training

61.145(c)(8)

Waste management data of the asbestos-containing materials disposed at landfills such as its location, volume, etc., on a map

61.154(f)

Electronic Reporting

The primary reporting and recordkeeping burden under NESHAP subpart M is for demolition and renovation activities.  A notice must be submitted before each demolition or renovation.  Most of the information contained in the notification is information required by the abatement contractor to bid on and perform the demolition or renovation activity.  However, a source could use available software to develop the required notifications minimizing the amount of new information to enter each time to the specifics of each demolition/renovation project.

In addition, sources are using equipment with automated parameter data reducing significantly the burden associated with monitoring and recordkeeping.  Another contributing factor reducing such burden is that regulatory agencies are relying more on the use of on automated techniques such as electronic submissions of reports, and are improving their tracking systems and database systems to enhance the use of these techniques.  However, electronic reporting systems are still not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

		(ii)  Respondent Activities

Respondent Activities

Read instructions.

Perform initial performance test (Transmission Electron Microscopy)

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5.  The Information Collected: Agency Activities, Collection Methodology, and Information Management

	5(a)  Agency Activities

	EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

	5(b)  Collection Methodology and Management

	Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The report of annual compliance tests is used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

	Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA headquarters and EPA regional offices.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

	The records required by this regulation must be retained by the owner/operator for two years.

	5(c)  Small Entity Flexibility

	The recordkeeping and reporting requirements were selected within the context of this specific subpart and the specific process equipment and pollutant(s).  The requirements reflect the burden on small businesses.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.  Although the recordkeeping and reporting requirements are the same for small and larger businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

We believe that the Agency has benefit demolition and renovation operations by regulating how asbestos-containing material (material containing greater than 1 percent asbestos) must be handled.  There are no notification requirements for renovations that involve disturbing less than 160 square feet or 260 linear feet of asbestos-containing material.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within this request is shown in Table 1: Annual Respondent Burden and Cost: NESHAP for Asbestos (40 CFR Part 61, Subpart M).

6.  Estimating the Burden and Cost of the Collection

	Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Where it was appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

	The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

	6(a)  Estimating Respondent Burden

	The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 229,381 hours.  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

		Managerial	$97.46   ($46.41 + 110%)

		Technical	$83.71   ($39.86 + 110%)

		Clerical	$42.55   ($20.26 + 110%)

	These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, “Table 2. Civilian Workers, by occupational and industry group.”  The rates are from column 1, “Total compensation.”  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The only type of industry costs associated with the information collection activity in the regulations are labor costs.  There are no capital/startup or operation and maintenance costs.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the continuous emission monitors and other costs such as photocopying and postage.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

	There are no average annual costs to industry for capital/startup and operation and maintenance associated with continuous monitoring equipment over the next three years of the ICR, as discussed above.  This is shown on the OMB 83-I form in section 14 as follows: block 4(a), Total annualized capital/startup costs; block 14(b), Total annual costs (O&M); block 14(c), Total annualized cost requested.  The numbers in block 14 of the OMB 83-I form are rounded to show the cost in thousands of dollars.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are labor costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

	The average annual Agency cost during the three years of the ICR is estimated to be $2,088,035 (rounded).  This cost is based on the average hourly labor rate as follows:

		Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

		Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

		Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005 General Schedule” which excludes locality rates of pay.  Details upon which this estimate is based appear in Table 2: Annual Burden and Cost to the Federal/State Government: NESHAP for Asbestos (40 CFR Part 61, Subpart M).

	6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, we have determined that there are approximately 9,432.33 respondents subject to the regulation.  We have further assumed that there will be 38.33 new sources per year the next three years period of this ICR.  This is based on 28 new contractors/operators handling asbestos-related renovation/demolition projects in the areas hit by the hurricane Katrina and 10 landfills operators accepting asbestos-containing materials for the first time each year.  In addition, we have assumed that there would be one source over the three- year period (or 0.33 each year) submitting to the Agency an application for approval of construction of an asbestos waste conversion operation which is denied.  Since we have assumed that there are no existing approved waste conversion operations nationwide over the three-year period of this ICR, the burden for this category is limited to the notification of construction.

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

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents 	(C)

Number of Existing Respondents That Keep Records but Do Not Submit Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	38.33	9,394	0	0	9,394 .33

2	38.33	9,432	0	0	9,432.33

3	38.33	9,470	0	0	9,470.33

Average	38.33	9,432	0	0	9,432.33

1 New respondents include sources with constructed, reconstructed and modified affected facilities.  In this ICR, it also includes a source that would be submitting an application for construction of asbestos waste conversion operations that is denied by the Agency.

	To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is 9,432 (rounded).  This number appears on the OMB 83-I form in block 13(a), Number of respondents.

	The number of Total Annual Responses is 121,968, as described below.  This number is shown on the OMB 83-I form in block 13(b), Total annual responses.

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E)

Total Annual Responses

E=(BxC)+D

A.  Operations converting material into non-asbestos material

  i.  Application for construction	1	1	1	1

B.  Demolition and renovation

i.  Notification of intent to demolish or renovate	8,462	9	0	76,158

  ii.  Re-notification due to change   	8,462	2	0	16,924

  iii.  Excepted waste shipment report  	8,462	3	0	25,386

C.  Milling, manufacturing and fabricating

  i.  Control device maintenance plan        	40	1	0	40

ii.  Semiannual visible emissions report	400	2	0	800

  iii.  Excepted waste shipment report	400	1	0	400

D.  Waste Disposal

  i.  Notification to construct  	10	1	0	10

  ii.  Notification of actual startup  	10	1	0	10

  iii.  Report to waste generator  	560	1	0	560

iv.  Waste disposal discrepancy report	560	1	0	560

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

  vi.  Notification of excavation of asbestos materials at inactive landfills 	0	1	0	0

Total

121,968

The Total Hours Requested is shown on the OMB 83-I form in block 13(c).  The total annual labor costs are 229,381.  The annual labor costs are not shown on the OMB 83-I form.  Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost: NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	There are no annualized capital/startup and O&M costs to the regulated entities subject to the regulation.  This number is shown on the OMB 83-I form in block 14(c), Total annualized cost requested.  The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

	The average annual Agency burden and cost over next three years is estimated to be 45,394 labor hours at a cost of $1,840,126 (rounded).  See Table 2. Annual Burden and Cost to the Federal/State Government: NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	6(e)  Bottom Line Burden Hours and Cost Tables

	The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

		(i)  Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).  The total annual labor costs are $18,514,228 (rounded).  The annual labor costs are not shown on the OMB 83-I form.  Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost: NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	There are no annualized capital/startup and O&M costs to the regulated entities.  This number is shown on the OMB 83-I form in block 14(c), Total annualized cost requested.  The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

		(ii)  The Agency Tally

	The average annual Agency burden and cost over the next three years is estimated to be 45,394 labor hours at a cost of $1,840,126.  See Table 2. Annual Burden and Cost to the Federal/State Government: NESHAP for Asbestos (40 CFR Part 61, Subpart M), attached.

	6(f)  Reasons for Change in Burden

	The 112,868 hour decrease in labor burden to industry from the most recently approved ICR from 324,249 hours to 229,381 hours is due to adjustments.  The decrease in burden from the most recently approved ICR is due to a reduction on the total number of respondents subject to this ICR from 9,848 to 9,394.  The decrease in the number of sources resulted primarily from two of the source categories subject to this rule, as follows: 1) a decrease from 984 to 560 in the number of existing waste disposal sites accepting asbestos-materials based on more updated data on the numbers of municipal waste disposal gathered by the Waste Business Journal in Year 2005; and 2) a decrease from 430 to 400 in the number of existing asbestos milling, manufacturing and fabricating sources and the assumption that no new sources would become subject to this regulation since less asbestos is finding its way into products.  However, the increase from 8,434 to 8,462 in the number of contractors handling asbestos demolition and renovation job sites and the inclusion of a new source applying for construction of an asbestos waste conversion operation did not offset the decrease in the total number of respondents affected by this regulation.  We assumed an increase in the number of existing contractors handling asbestos demolition and renovation sites, an average of 28 new contractors per year based on industry trends, and the need for these operations to address reconstruction efforts in areas hit by recent hurricanes.  We also included as a “new” source, a facility that will be submitting to the Agency, a construction application/notification for an asbestos waste conversion operation that will not be approved, however, it would result in a reporting burden for this source category associated with the rule.  Since we have assumed that there are no existing approved waste conversion operations nationwide, the burden is limited to the notification of construction for this category.  As in the active ICR, we continue to assume that there are no spraying operations nationwide because the Agency has banned spray application of asbestos insulation to architectural applications over many years.

	There are no total annualized capital/startup and operations and maintenance costs for this ICR because the rule does not require the use of continuous emission monitoring equipment, as stated in the active ICR.

	The Federal government burden increase from 47,230 hours to 45,394 hours is due to a correction from 3 to 10 on the number of landfills closing needing to notify and the inclusion of managerial and clerical labor categories in the burden calculation.

In addition, the use of updated higher labor rates and the inclusion of managerial and clerical labor categories in the burden calculation increased both industry and the Federal costs for complying with the recordkeeping and reporting requirements of the rule.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average two (rounded) hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

	An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Nmbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2005-0019, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available through www.regulations.gov.  Use www.regulations.gov to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select “search,” then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2005-0019 and OMB Control Number 2060-0101 in any correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in collecting this information.

Table 1.  Annual Respondent Burden and Cost:  NESHAP for Asbestos (40 CFR Part 61, Subpart M)

Burden item

(A)

Person-

hours per

occurrence

(B)

No.  of

occurrences

per respondent

per year

(C)

Person-

hours per

respondent

per year

(C=AxB)

(D)

Respondents

per year  a, b

(E)

Technical

person-

hours per

year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per 	year

(Ex0.1)

(H)

Cost, $  c

1.  Applications

N/A

2.  Survey and Studies

N/A

3.  Acquisition, Installation, and Utilization of  Technology and  Systems

N/A

4.  Reporting Requirements

  A.  Read instructions  b

1

1

1

38

38

1.9

3.8

$3,537.82

  B.  Required activities including     monitoring of operations

Included in 4E

  D.  Gather Existing Information

Included in 4E and 5E

  E.  Write report

  E.1 Operations converting               material into non-asbestos               material:  Application for                construction  a

80

1

80

0.33

26.4

1.32

2.64

$2,450.92

  E.2  Spraying operations  a

Not applicable

  E.3 Demolition and renovationb(1)

	    i.  Notification of intent to               demolished or renovate

1

9

9

8462

76,158

3,807.9

7,615.8

  $7,070,356.40

    ii.  Re-notification due to change

0.25

2

0.5

8,462

4,217

210.9

421.7

$391,502.72

    iii.  Excepted waste shipment          report  d

1

3

3

8,462

25,302	1,265.1	2,530.2	$2,348,987.08

  E.4  Milling, manufacturing and      fabricating  b(2)

    i.  Control device maintenance        plan   e

1

1

1

40

40

2.0

4.0

$3,713.52

    ii.  Semiannual visible emissions

    reports  f

1

2

2

400

800

40.0

80.0

$74,270.40

    iii. Excepted waste shipment

    report  d

0.1

1

0.1

400

40.0

2.0

4.0

$3,713.52

  E.5  Waste Disposal   b(3)

    i.  Notification to construct

0.67

1

0.67

10

6.7

0.34

0.67

$622.50

    ii.  Notification of actual startup

0.67

1

0.67

10

6.7

0.34

0.67

$622.50

    iii.  Report to waste generator  g

0.67

1

0.67

560

375.2

18.76

37.5

$31,407.99

    iv.  Waste disposal discrepancy       report    h

1.5

1

1.5

560

840.0

42.0

84.0

$77,983.92

    v.  Improperly contained waste        report  i

1.17

2

2.34

560

1,310.4

65.5

131.0

$121,651.26

    vi.  Notification of excavation  of     asbestos materials at inactive           landfills   j

2

1

2

0

0

0

0

$0.00

5.  Recordkeeping Requirements

  A.  Read instructions

Included in 4A

  B.  Plan activities

Included in 4B

  C.  Implement activities

Included in 4B

  D.  Develop record system

Not applicable

  E.  Time to enter and transmit all    information required by the rule:

  E.1  Demolition and renovation  k

    i.  Waste shipments records  l

0.1

24

2.9

8,462

24,539.9

1,2267.0

2,454.0

$2,278,227.78

    ii.  Temperature monitoring  m

0.1

15

1.5

8,462

12,693.0

634.7

1,269.3

$1,178,397.61

    iii.  Excepted waste shipments

0.1

3

0.3

8,462

2,538.6

126.9

253.9

$235,677..33

  E.2  Milling, manufacturing and      fabricating   n

8

2

16

0

0

0

0

0

    i.  Daily visible emissions

0.1

638

64

400

25,600.0

1,280.0

2,560.0

$2,376,652.80

    ii.  Weekly inspection of air             cleaning devices

0.25

128

32.0

400

12,800

640.0

1,280.0

$1,188,326.40

    iii.  Waste shipments records

0.1

51

5

400

2,000

100.0

200.0	$185,676.00

    iv.  Excepted waste shipment  o

0.1

1

0.1

400

40

2.0

4.0

$3,713.52

  E.3  Waste Disposal (Landfills)  p

    i.  Time to file and mail reports

Included in 4E.5

    ii.  Records of waste shipments

    to generators

1.5

12

18

560

10,080.0

504.0

1,008.0

$935,807.04

    iii.  Copy and send site map upon     landfill closure

0.5

1

0.5

10

5.0

0.25

0.5

$464.19

    iv.  Record of deed once inactive

0.5

1

0.5

10

5.0

0.25

0.5

$464.19

F.  Time to train personnel:

F.1  Demolition and renovation : refresher training  q

8

1

8

2,821

F.2 Milling, manufacturing and         fabricating   r

N/A

F.3  Waste Disposal  s

N/A

G. Time for audits

N/A

TOTAL LABOR  BURDEN AND COST

199,461.8

 9,973.1

19,946.2

$18,514,227.60

TOTAL LABOR HOURS (Rounded)

229,381

$18,514,228

Assumptions:

a   This burden calculation addresses four of the five source categories potentially subject to the asbestos NESHAP based on information available on the active ICR, 2001 NARS data, and EPA data including asbestos demolition/renovation sources, asbestos milling, manufacturing and fabricating sources, municipal/Subtitle D landfills containing asbestos waste, and asbestos waste conversion operations.  However, the burden associated with waste conversion operations is limited to one source over the three year period submitting to the Agency for approval a construction application to operate an asbestos waste conversion operation which we have  previously denied, resulting in no other reporting for this source.  In addition, we have assumed that there are no existing approved waste conversion operations nationwide over the three year period of this ICR.

b  We have determined that there are an estimated 9,394 existing sources currently subject to this rule and that an estimated 38.33 new sources each year will have to meet rule requirements over the next three years of this ICR, including the one source seeking approval for an asbestos waste conversion operation.  Follow is a discussion on the assumptions for the three source categories listed above.  1) There are an estimated 8,462 operators of 92,790 existing demolition/renovation asbestos job sites or an average of 11 notifications per operator per year, of which 85 percent or 9 are for initial notifications and the remaining 2 are for re-notifications.  We have also assumed that there would be an increase of about 1 percent on the number of operators or 85 new operators over the next three years (i.e., an average of 28 new operators per year) due to new demolition/renovation sites resulting from reconstruction efforts in areas affected by recent  hurricanes.  Therefore, assuming the same average of notifications per operator, we expect an increase of 924 notifications over the next three year of this ICR.  2) There is an estimated 400 existing asbestos milling, manufacturing and fabricating sources and no new sources are expected to become subject to this rule since less asbestos is finding its way into products.  3) There is an estimated 1,119 municipal/Subtitle D landfills nation-wide, of which 50 percent or 560 will be receiving asbestos-containing wastes and becoming subject to this rule.  There would be no net growth due to the assumption that there would be an estimated 10 landfills closing each year and an estimated 10 landfills commencing to accept asbestos-containing materials and becoming subject to this rule.

c  This ICR uses the following labor rates: $97.46 per hour for Executive, Administrative, and Managerial labor; $83.71 per hour for Technical labor, and $42.55 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, (Table 2. Civilian Workers, by occupational and industry group.(  The rates are from column 1, (Total compensation.(  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

d   Report to notify that the waste shipment record signed by the owner or operator of the disposal site was not been received by the waste generator within 45 of the date the waste was accepted by the initial transporter.

e  We have assumed that it would take an average of three hours to develop a maintenance plan or an average of hour per year over the three year period.   We have assumed that 10 percent of the asbestos milling, manufacturing and fabricating sources or 40 respondents would submit maintenance plans.

f   Sources are required to submit semiannual visible emissions reports.

g   Sources are required to submit a report if a discrepency between the quantity of waste designated on the waste shipment records and the quantity actually received is not resolved with the waste generator.

h  Active waste disposal sites are required to report the presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers and submit the waste shipment record

i   improperly contained report

j  No sources excavating asbestos-containing wastes at inactive disposal sites.

k  Monitoring and recordkeeping by demolition/renovation sources include:  waste shipment records, monitored temperature when demolition/renovation work is conducted under freezing conditions and source is claiming exception from the wetting provisions .

l   We have assumed that there would be approximately 4(106) yd3 per year waste shipments recorded for all 8,434 contractors and each load would consist of 20 yd3.  Therefore, there would be approximately 200,000 loads per year or about 24 loads per contractor.

m  We have assumed that approximately 15 percent of the estimated 92,790 demolitions would be performed during cold weather requiring them to take three temperature readings per day and it would take about 30 days to complete it.  Therefore, the average number of temperature readings per contractor would be 15 [92,790)(0.15)(3)(30)/8,462].

n  Monitoring and recordkeeping by milling, manufacturing and fabrication sources include:  daily monitoring of potential sources of asbestos emissions and visible emissions, weekly inspections of control devices, signed copy of the waste shipment records by the disposal facilities, and records of reports.  We have assumed that each source would have about 2.5 control devices to be monitored and would operate for 255 days or 51 weeks per year.

o  We have assumed that sources would have one shipment of waste per week.

p  Monitoring and recordkeeping by waste disposal sources include: compare the amount of waste designated on the waste shipment records with the amount actually received and  ujdetermined as well as instances of improperly contained waste.

q  For demolition and renovation, we have assumed that all existing operators would have employees taking the refresher training during the 3 year period (or 2,811contractor per year).  In addition, we have assumed that about 50 percent of the existing contractors conducting demolitions and renovations involving asbestos (4,217 contractors) would spent resources each year on the initial training due to employee turnover, as well as the the new contractors entering the market for the first time (about 28 per year) .

r  For milling, manufacturing and fabricating, we have assumed no direct costs to respondents to train inspectors for Method 9 certification for daily visible emissions monitoring.

s  For waste disposal, we have assumed that there is no burden for training.

Table 2.  Annual Burden and Cost to The Federal/State Government: NESHAP for Asbestos 40 CFR Part 61, Subpart M)

	Activity

(A)

EPA person-

hours per

occurrence

(B)

Number

occurrences

per plant

per year

(C)

EPA person-

hours per

plant per

year

(C=AxB)

(D)

Plants

per

year  a,b

(E)

Technical

person-hours

per year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per

year

(Ex0.1)

(H)

Cost, $ c

A.  Operations converting               material into non-asbestos               material  a

80

1

80

0.33

26.4

1.3

2.6

$1,230.79

B.  Spraying operations   a

N/A

C.  Demolition and renovation  b(1), d

  i.  Notification of intent to                    demolished or renovate

0.25

9

3

8,462

19,039.5

 952.0

1,904.0

$887,643.06

  ii.  Re-notification due to change

0.25

2

0.5

8,462

4,217.0

210.9

412.7

$196,401.06

  iii.  Excepted waste shipment               report

0.5

3

1.5

8,462

12,651.0

632.6

1,265.1

$589,805.07

D.  Milling, manufacturing and            fabricating  b(2), d

  i.  Control device maintenance plan

0.25

1

0.25

40

10

0.5

1.0

$466.21

  ii.  Semiannual visible emissions          reports

0.10

2

0.2

400

80.0

4.0

8.0

$3,729.68

  iii. Excepted waste shipment  report

0.5

1

0.5

400

200.0

10.0

20.0

$9,324.20

  vii.  Asbestos waste conversion            processes

80

1

80

5

400.0

20.0

40.0

$18,648.40

C.  Asbestos-containing Waste Disposal (Landfills)  b(3), d

  i.  Notification to construct

2

1

2

10

20.0

1.0

2.0

$932.42

  ii.  Notification of actual startup

2

1

2

10

20.0

1.0

2.0

$932.42

  iii.  Source reports

4

1

4

560

2,240.0

112.0

224.0

$104,431.04

  iv.  Waste disposal discrepency            report

0.5

1

0.5

560

280.0

14.0

28.0

$13,053.88

  v.  Improperly contained waste             report

0.5

1

0.5

560

280.0

14.0

28.0

$13,053.88

  vi.  Site map upon landfill closure

1

1

1

10

10

0.5

1.0

$142.66

  vii.  Notification of excavation  of        asbestos materials at a waste                 disposal site

2

1

2

0

0.0

0.

0.

$0.00

Subtotal Burden and Cost

39,473.0

1,973.7

3,947.3

$1,840,126.32

TOTAL ANNUAL BURDEN AND COST (rounded)

45,394

$1,840,126

Assumptions:

a   This burden calculation addresses four of the five source categories potentially subject to the asbestos NESHAP based on information available on the active ICR, 2001 NARS data, and EPA data including asbestos demolition/renovation sources, asbestos milling, manufacturing and fabricating sources, municipal/Subtitle D landfills containing asbestos waste, and asbestos waste conversion operations.  However, the burden associated with waste conversion operations is limited to one source over the three year period submitting to the Agency for approval a construction application to operate an asbestos waste conversion operation which is denied, resulting in no other requirement for this source.  In addition, we have assumed that there are no existing approved waste conversion operations nationwide over the three year period of this ICR.  This ICR does not address the burden associated with spraying operations because the Agency has banned  spray application of asbestos insulation to architectural applications over many years.

b   We have determined that there are an estimated 9,394 existing sources currently subject to this rule and that an estimated 38.33 new sources each year will have to meet rule requirements over the next three years of this ICR, including the one source seeking approval for an asbestos waste conversion operation.  Follow is a discussion on the assumptions for the three source categories listed above.  1) There are an estimated 8,462 operators of 92,790 existing demolition/renovation asbestos job sites or an average of 11 notifications per operator per year, of which 85 percent or 9 are for initial notifications and the remaining 2 are for re-notifications.  We have also assumed that there would be an increase of about 1 percent on the number of operators or 85 new operators over the next three years (i.e., an average of 28 new operators per year) due to new demolition/renovation sites resulting from reconstruction efforts in areas affected by recent  hurricanes.  Therefore, assuming the same average of notifications per operator, we expect an increase of 924 notifications over the next three year of this ICR.  2) There is an estimated 400 existing asbestos milling, manufacturing and fabricating sources and no new sources are expected to become subject to this rule since less asbestos is finding its way into products.  3) There is an estimated 1,119 municipal/Subtitle D landfills nation-wide, of which 50 percent or 560 will be receiving asbestos-containing wastes and becoming subject to this rule.  There would be no net growth due to the assumption that there would be an estimated 10 landfills closing each year and an estimated 10 landfills commencing to accept asbestos-containing materials and becoming subject to this rule.

c   This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: managerial rate of $56.02 (GS-13, Step 5, $35.01 x 1.6), technical rate of $41.57 (GS-12, Step 1, $25.98 x 1.6), and clerical rate of $22.50 (GS-6, Step 3, $14.06 x 1.6).  These rates are from the Office of Personnel Management (OPM) (2005 General Schedule( which excludes locality rates of pay.

d  The Agency will be reviewing initial notifications and periodic reports including notification to construct or demolish/renovate, re-notification due to a change, semiannual reports on visible emissions, waste shipment records, waste disposal discrepency report, report of not receiving signed copy of waste shipment records from disposal sites, improperly contained wastes reports, and waste disposal closure reports (i.e., waste map and deed), which is required by this ru le.

 PAGE

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[Federal Register: July 5, 2007 (Volume 72, Number 128)]
[Proposed Rules]
[Page 36634-36635]
[DOCID:fr05jy07-23]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-8335-8]

National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to partially delete the Uravan Superfund Site
from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a notice of intent to partially delete approximately 7 acres within the
Uravan Superfund Site, located in Montrose County, Colorado, from the
National Priorities List (NPL) and requests public comments on this
notice of intent. Specifically, EPA intends to delete a one mile
section of Colorado State Highway 141, comprised of a right-of-way up
to 60 feet in width between mile posts 75 and 76.
    The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is found at Appendix B of 40 CFR part 300, which is
the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP). The EPA and the State of Colorado, through the Colorado
Department of Public Health and Environment, have determined that all
appropriate response actions under CERCLA, have been completed for the
7.27 acres. However, this deletion does not preclude future actions
under Superfund.

DATES: Comments concerning the proposed partial deletion of this Site
must be received by August 6, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions

for submitting comments.
     E-mail: Rob Henneke, Community Involvement Coordinator, at
<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (Attention: Rob Henneke, Community
Involvement Coordinator).
     Mail: Rob Henneke, Community Involvement Coordinator, U.S.
EPA (80C-PI), 1595 Wynkoop, Denver, Colorado, 80202-1129.
     Hand delivery: Environmental Protection Agency, 1595
Wynkoop Street, Denver, Colorado. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-SFUND-1986-0005. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:

    U.S. EPA, Region 8 Records Center, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER>. Hours: M-F, 8 a.m. to 4 p.m.
    Colorado Department of Public Health and the Environment, Records
Center, Building B, Second Floor, 4300 Cherry Creek Drive South,
Denver, Colorado 80246-1530. Hours: M-F, 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager, U.S.
EPA (8EPR-SR), 1595 Wynkoop, Denver, Colorado 80202-1129; e-mail
thomas.rebecca@epa.gov); phone<PHONE_NUMBER>, or toll free 1-800-227-
8917, extension 6552.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
today's Federal Register, we are publishing a direct final notice of
partial deletion of the Uravan Superfund Site without prior notice of
intent to delete because we view this as a noncontroversial revision
and anticipate no adverse comment. We have explained our reasons for
this partial deletion in the preamble to the direct final deletion. If
we receive no adverse comment(s) on this notice of intent to partially
delete or the direct final notice of partial deletion, we will not take
further action on this notice of intent to delete. If we receive
adverse comment(s), we will withdraw the direct final notice of partial
deletion and it will not take effect. We will, as appropriate, address
all public comments in a subsequent final deletion notice based on this
notice of intent to partially delete. We will not institute a second
comment period on this notice of intent to partially delete. Any
parties interested in commenting must do so at this time. For
additional information, see the direct final notice of deletion which
is located in the rules section of this Federal Register.
    For additional information, see the Direct Final Notice of Deletion
which is located in the rules section of this Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental Protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: June 26, 2007.
Robert E. Roberts,
Regional Administrator, Region 8.
 [FR Doc. E7-13060 Filed 7-3-07; 8:45 am]

BILLING CODE 6560-50-P