Supporting Statement for a Request for OMB Review under The Paperwork Reduction Act 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection TITLE: Reporting and Recordkeeping for Asbestos Abatement Worker Protection EPA ICR No.: 1246.09 OMB Control No.: 2070 0072 1( b) Short Characterization The Asbestos Worker Protection Rule ( WPR) ( 40 CFR 763 subpart G; see Attachment C) establishes workplace standards for the protection of state and local government employees who work with asbestos and who are not covered by an OSHA approved State Plan. Currently, employees in 27 States who perform construction work, including building construction, renovation, demolition, and maintenance activities, and employees who perform brake and clutch repair work are covered by the WPR. The WPR incorporates, by reference, the OSHA Construction Industry Standard for Asbestos and the General Industry Standard for Asbestos. As a result, the WPR requires state and local government employers to use engineering controls and appropriate work practices to control the release of asbestos fibers. Covered employers must also monitor employee exposure to asbestos and provide employees with personal protective equipment, training, and medical surveillance to reduce the risk of asbestos exposure. Exposure monitoring records must be maintained 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. Employers must also establish written respiratory protection programs and maintain procedures and records of respirator fit tests for 1 year.

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 U. S. C. 2605, 2607( a)). ( See Attachments A and B.) 2 2( b) Use/ Users of the Data The purpose of the WPR 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 record keeping 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.

3. NON DUPLICATION, 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 OSHA approved State plan. Currently, all 3 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 rule 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 also ensures that this identical protection is maintained in the future.

This approach eliminates potential confusion by ensuring that the regulated community only has to learn and comply with the OSHA standards, and ensures that the same level of protection for all persons who work with asbestos containing material ( ACM), whether those persons are employed by the private sector or by a State or local government.

3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on March 12, 2004 ( 69 FR 1738, January 12, 2004). EPA received no comments during the comment period.

3( c) 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 record keeping, was too burdensome. However, the respondent did not dispute EPA's estimate of the costs associated with this requirement.

The identical record keeping 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.

EPA consulted with OSHA in August 2003 to discuss whether any comments had been received or any additional activity had taken place to determine changes in industry burden after the regulations were promulgated under 29 CFR 1910.1001 and 1926.1101. OSHA officials stated that they had not received additional comments from industry after these rules were promulgated.

In May of 2004, EPA sent letters to representatives of five randomly chosen state governments that do not have OSHA approved State Plans. The individuals represented the states of Florida, Idaho, Massachusetts, Illinois and Wisconsin. The respondents were presented with the draft ICR supporting statement, an internet address to access the WPR ICR Federal 4 Register notice, and the five following questions:

1. Are the data collection and record keeping requirements [ for the ICR] clear and concise? 2. Are you aware of other sources the Agency could use for the requested data? 3. Would you make electronic submissions? 4. Are the estimated burdens and costs accurate? 5. If we spoke to you before about this ICR, are your positions accurately reflected?

By the end of May 2004, EPA received responses back from four of the respondents. Below is a summary of responses received:

David Wiggins Environmental Supervisor Environmental Health and Safety Section Florida Department of Management Services 850 922 7535 David Wiggins, an Environmental Supervisor for the Florida Department of Management Services, stated that the data collection and recordkeeping requirements related to the ICR are clear and concise. He further stated that he had no problems with the requirements of the EPA WPR in general. However, he noted that the state employees for the Florida Department of Management Services are prohibited from doing any asbestos abatement work. When asked if he was aware of any other sources the Agency could use for the requested data relating to the ICR, he said no, and further elaborated that the EPA WPR is the only regulation that protects state and local government employees who work with asbestos. According to the respondent, there are no Florida state regulations that protect state and local government employees in this manner. Mr. Wiggins stated that he would be interested in electronic submissions. When asked if the estimated burdens and costs for the ICR were accurate, the respondent stated that they were accurate to the best of his knowledge. This was the first time that Mr. Wiggins was asked about the EPA WPR ICR, so the fifth question regarding whether his positions were accurately reflected was not applicable. Based on Mr. Wiggins responses, no changes were needed to the ICR supporting statement.

Gary Barnes Safety Supervisor Industrial Safety Section Idaho Division of Building Safety 208 332 7146 Gary Barnes, a Safety Advisor for the Idaho Division of Public Safety, stated that the data collection related to the ICR are not clear and concise. He expressed confusion over whether state and local governments are supposed to submit data, or just maintain it like the private sector. Mr. Barnes was not aware of any other sources from which the Agency could use to obtain 5 information related to the ICR. When asked whether he would be interested in electronic submissions, he said no, stating that he does not have data relevant to the WPR. Mr. Barnes did not know whether the estimated burdens and costs for the ICR were accurate. The respondent had not been consulted with before regarding the WPR ICR. Based on Mr. Barnes responses, no changes were made to the ICR supporting statement. EPA disagrees that the data collection related to the ICR are not clear and concise. The record keeping requirements are clearly defined in the OSHA asbestos standards that are incorporated by reference in the WPR.

Ernie Kelley Asbestos Program Manager Massachusetts Division of Occupational Safety 413 784 1141 Mr. Kelley, an Asbestos Program Manager for the Massachusetts Division of Occupational Safety, stated that the recordkeeping requirements related to the ICR are clear and concise. However, Mr. Kelley expressed concern that the regulated community, as well as EPA, are not paying sufficient attention to the recordkeeping requirements for the ICR. The respondent was not aware of any other sources the Agency could use to find the requested data related to the ICR. When asked about electronic submissions, Mr, Kelley stated he would be interested in electronic submission in the future. The respondent did not review the estimated burdens and costs and was not able to comment on whether or not they were accurate. Mr. Kelley had not been consulted by EPA previously regarding the WPR ICR. Based on Mr. Kelley's responses, EPA made no changes to the ICR supporting statement.

Kent Cook, Manager Asbestos Program Division of Environmental Health Illinois Department of Public Health 217 782 3517 Mr. Cook is the Manager of the Asbestos Program for the Illinois Department of Public Health. In his response to the five questions posed to him, the respondent stated that, in Illinois, state and public employees are covered under the state OSHA regulations and not under the EPA WPR. Mr. Cook did not provide specific responses to the questions. To the best of EPA's knowledge, the State of Illinois does not have an OSHA approved State Plan and is therefore subject to the EPA WPR. EPA did not make changes to the ICR supporting statement based on Mr. Cook's responses.

3( d) Effects of Less Frequent Collection 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 6 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( e) 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( f) Confidentiality The Agency has instituted procedures to avoid the inappropriate release of confidential information as specified by 5 CFR 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.

3( g) Sensitive Questions The rule requires employers to allow EPA access to medical records upon request. EPA primarily intends to use this information to determine whether the employer has complied with the medical surveillance requirements of the rule, although EPA may also use this information 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) Respondents/ North American Industrial Classification System ( NAICS) Codes 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. 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 WAR applies to certain entities. To determine whether a State or local government employer is subject to the WAR, carefully examine the applicability provisions in the regulation at 40 CFR 763.121. 7 Categories NAICS Codes Examples of Potentially Affected Entities Public Administration 92 State or local government employers not subject to an OSHA approved State Asbestos Plan or a State Asbestos Worker Protection Plan that EPA has determined is exempt from the requirements of the EPA WAR, 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 WAR contains several paperwork related requirements for State and local government employers in the 27 States covered by the WAR. The overall estimated potential economic impact of this rule 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 rule. This ICR describes the information collection activities contained in the rule, along with the estimated burden and costs related to those information collection requirements.

This rule 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 WAR, as authorized under TSCA sections 6 and 8. These activities are described in more detail in this section.

4( b)( i) Data Items This rule 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; ° Specific make, model, style, and size of respirator tested; ° Date of test; and ° The test results.

The rule 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 that demonstrate that the product or material containing the asbestos cannot release airborne fibers in concentrations exceeding the permissible exposure limits 8 ( PELs), historical monitoring data from similar projects that indicates that the PELS will not be exceeded, or initial monitoring results that 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 forgo 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 ° Name, social security number, and exposure of the employees whose exposures are represented.

The rule 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: 9 ° 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 physicians' recommendations; ° Physicians' 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.

The rule 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 one year beyond the last date of the worker's employment.

Under, the rule, employers must presume that asbestos is present in thermal system insulation ( TAI) 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, the rule 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 that involve TAI or surfacing material, an appropriatelyqualified 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 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.

4( b)( 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: 10 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 are not provided;

 Periodically monitor employees whose exposures are expected to exceed a PEL, unless such employees are provided with suppliedair 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 .

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; 11 ° 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 ( 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 rule 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 12 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 record keeping 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 rule will be subject to the information collection and record keeping requirements described above. Depending upon the type of project, some or all of the information collection and record keeping 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 asbestosrelated activities covered by this rule.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION Section 6( a) discusses respondent burden, and Section 6( b) addresses respondent costs. Section 6( c) reports EPA burdens and costs, and Sections 6( d), 6( e), and 6( f) summarize respondent burdens, discuss changes in burden estimates, and provide the Federal Register burden statement, respectively.

6( a) Estimating 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/ custodial worker or brake and clutch repair mechanic), and clerical. In addition, exposure monitoring and developing a respiratory protection plan will require an industrial hygienist's time.

The estimated burden hours and cost estimates for this 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). 13 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 Goats    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

 NOTIFY EMPLOYEES  Construction   5 minutes

 Brake and Clutch Repair   5 minutes

 NOTIFY OTHER EMPLOYEES/ TENANTS   5 minutes

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    COLLECTION ACTIVITY BURDEN PER RESPONSE Clerical Employees Supervisory Industrial Hygienist 14  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 was incurred by all supervisors over the three years of the previous ICR. EPA assumes that five percent of the annual number of respondents from the previous ICR will incur the burden each year to account for turnover by supervisors. The number of responses in Table 2 ( 422) is five percent of the previous figure ( 8,437). [ 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.

Table 2. Total Annual Responses COLLECTION ACTIVITY TOTAL ANNUALIZED RESPONSES Clerical Employees Supervisory Industrial Hygienist TOTAL READ AND INTERPRET REGULATION 0 0 422 [ a] 0 422 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large Goats 0 0 0 163 [ 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 COLLECTION ACTIVITY TOTAL ANNUALIZED RESPONSES Clerical Employees Supervisory Industrial Hygienist TOTAL 15 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 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 1,072,326 5,671 1,264,123 [ a] EPA assumes that five percent of the annual number of respondents from the previous ICR will incur the burden each year to account for turnover by supervisors. The number of responses in Table 2 ( 422) is five percent of the previous figure ( 8,437). [ 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. 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 1,266 0 1,266 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large Goats 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 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 10,379 190,733 199,463 11,668 412,243 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 level1. 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 WAR. In the sections that follow, EPA discusses ( a) each burden category, ( b) the level at which the burden is applied, and ( c) the data and assumptions used to derive burden estimates.

Activity by Activity Burden Estimation Methods A. Reading and interpreting the regulation.

In the previous ICR, EPA assumed that at least one person at the State or local government would need to read and interpret the requirements of the rule. EPA expected that this person would be a construction supervisor. The supervisor would 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 methods presumably will be performed by a contracted specialist. Given these assumptions, EPA projected 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 that, on average, the supervisor would need three hours to read and understand the regulation. EPA expected that some supervisors would require more time to read and interpret the regulations while some would require less time. Thus, EPA assumed that on average a supervisor in each State or local government would need to spend three hours on this activity. This requirement, however, was assumed to be incurred only in the first year of the rule. To provide an annualized estimate of the burden over the three year ICR period, EPA divided the total number of respondents ( 25,312 State and local governments) by three. This provided an annualized estimate of 8,437 responses. Thus, this activity was assumed to require 25,312 hours on an annualized basis ( 8,437 responses × 3 hours).

Although the previous ICR assumed that this activity would be undertaken by supervisors only during the first year of the rule it still needs to account for turnover by supervisors. EPA is assuming that there will be a turnover of five percent of all supervisors annually and that they will need to read and interpret the regulation. Thus, for purposes of this analysis, five percent of the annual respondents cited in the previous ICR (. 05 x 8,437 = 422) will spend three hours reading and interpreting the rule annually. This activity is assumed to require 1,266 hours on an annualized basis ( 422 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 requirement2. 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 ( RIA) 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. 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 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.

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 constructionrelated 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 burden3. 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 jurisdictions4. 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 20 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 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 asbestos related 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 asbestosrelated work prior to beginning the project. For construction activities, EPA assumes that this 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.

21 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).

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 asbestos related 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 requires affected construction workers to be trained based on the Class of work they perform. Training requirements for Class I abatement workers are not incremental to the rule and thus do not impose an incremental paperwork burden. The annual training requirements are 32 hours for Class II workers, 16 hours for Class III workers, including new construction projects, and 2 hours for Class IV workers. EPA estimates that training will be required for 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). 22 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 ( 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 WAR 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 23 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 nonsupervisory 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 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 nonsupervisory 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. 24 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.

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 work sites 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 three year 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 25 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 ([ 5 min/ 60min] × [ 30,047 competent persons]) annually.

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 412,243 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 1,264,123 ( see Table 2). Thus, the burden per respondent is 16.29 hours ([ 412,243 burden hours]/[ 25,312 respondents]) and the average burden per response is 0.33 hours ([ 412,243 burden hours]/[ 1,264,123 responses]).

The total burden for this ICR ( 412,243) is less than the total burden under the previous ICR ( 436,289). The reason for this decrease is because of the reduction in the number of supervisors that need to read and interpret the regulation. In the previous ICR all supervisors undertook this activity. In the current ICR only the new supervisors need to. The burden per respondent for this ICR ( 16.29 hours) is lower than under the previous ICR ( 17.24) for the same reason.

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 $ 24.26 per hour, ° Construction employee ( non supervisory) labor costs $ 28.18 per hour, ° Brake and clutch repair employee labor costs $ 29.54 per hour, ° Construction supervisor labor costs $ 35.69 per hour, ° Brake and clutch repair supervisor labor costs $ 36.55 per hour, and ° Industrial hygienist labor costs $ 45.87 per hour.

These hourly labor costs reflect both wage and non wage benefits for these categories of employees in year 2003 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. 26 Table 4. Total Annual Cost of Respondent Burden Hours COLLECTION ACTIVITY TOTAL ANNUAL COSTS Clerical Employees Supervisory Industrial Hygienist TOTAL READ AND INTERPRET REGULATION $ 0 $ 0 $ 45,184 $ 0 $ 45,184 RESPIRATOR PROGRAM  DEVELOP PROGRAM, Large Goats $ 29,907 $ 29,907  FIT TESTING  Full Face Respirators $ 0 $ 282 $ 357 $ 0 $ 639  Half Mask Face Respirators $ 0 $ 12,456 $ 15,775 $ 0 $ 28,231  MAINTAIN RECORDS FOR FIT TESTS $ 5,434 $ 0 $ 0 $ 0 $ 5,434 EXPOSURE MONITORING  INITIAL EXPOSURE ASSESSMENT  Construction $ 0 $ 0 $ 0 $ 388,978 $ 388,978  Brake and Clutch Repair $ 0 $ 0 $ 0 $ 116,326 $ 116,326  MAINTAIN RECORDS $ 26,298 $ 0 $ 0 $ 0 $ 26,298  POST MONITORING RESULTS, BRAKE/ CLUTCH $ 6,065 $ 0 $ 0 $ 0 $ 6,065 HAZARD COMMUNICATION  EVALUATE RISKINESS $ 0 $ 0 $ 120,632 $ 0 $ 120,632  NOTIFY EMPLOYEES  Construction $ 0 $ 0 $ 1,509,401 $ 0 $ 1,509,401  Brake and Clutch Repair $ 0 $ 0 $ 36,513 $ 0 $ 36,513  NOTIFY OTHER EMPLOYEES/ TENANTS $ 0 $ 0 $ 1,509,401 $ 0 $ 1,509,401 TRAINING  PROVIDE TRAINING  Class II $ 0 $ 1,929,766 $ 0 $ 0 $ 1,929,766  Class III $ 0 $ 450,880 $ 0 $ 0 $ 450,880  Class IV $ 0 $ 2,925,366 $ 0 $ 0 $ 2,925,366  MAINTAIN RECORDS $ 111,281 $ 0 $ 0 $ 0 $ 111,281 MEDICAL SURVEILLANCE  MEDICAL EXAMS $ 0 $ 40,523 $ 33,906 $ 0 $ 74,429  INITIAL QUESTIONNAIRE $ 0 $ 9,863 $ 8,244 $ 0 $ 18,107  PERIODIC QUESTIONNAIRE $ 0 $ 5,721 $ 4,782 $ 0 $ 10,503  INFORMATION TO PHYSICIANS $ 6,429 $ 0 $ 0 $ 0 $ 6,429  PHYSICIAN'S WRITTEN OPINION $ 6,429 $ 0 $ 0 $ 0 $ 6,429  MAINTAIN RECORDS $ 6,429 $ 0 $ 0 $ 0 $ 6,429 COLLECTION ACTIVITY TOTAL ANNUAL COSTS Clerical Employees Supervisory Industrial Hygienist TOTAL 6 This estimate is based on 25,312 affected State and local governments that comprise the set of respondents.

27 ACCESS TO RECORDS  EMPLOYEE ACCESS $ 12,300 $ 0 $ 0 $ 0 $ 12,300  EPA ACCESS  Construction $ 10,311 $ 0 $ 15,168 $ 0 $ 25,479  Brake and Clutch Repair $ 73 $ 0 $ 110 $ 0 $ 183 COMPETENT PERSON  TRAINING  Class I and II $ 0 $ 0 $ 469,002 $ 0 $ 469,002  Class III and IV $ 0 $ 0 $ 3,351,220 $ 0 $ 3,351,220  MAINTAIN RECORDS $ 60,747 $ 0 $ 0 $ 0 $ 60,747 TOTALS $ 251,796 $ 5,374,857 $ 7,119,695 $ 535,211 $ 13,281,559 Note: Some rounding error exists in these estimates.

Based on the above hourly labor cost data, EPA calculated the total respondent cost to be about $ 13.3 million annually. This translates into a per respondent cost of $ 524.716. The total respondent and per respondent costs of the burden has decreased because of the reduction in the number of supervisors that need to read and interpret the regulation. In the previous ICR all supervisors undertook this activity. In the current ICR only the new supervisors need to. The total respondent and per respondent costs of the previous ICR were $ 13.9 million and $ 547.72, respectively.

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 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 7 Salary figure taken from: U. S. Office of Personnel Management ( OPM), 2003. 2003 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.

28 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 $ 35,519 was used to calculate costs for inspections7. The annual salary was then inflated by a factor of 1.6 to account for overhead and benefits8. Thus, the fully loaded annual labor cost for Federal employees who will conduct the inspections under this ICR is $ 56,830. Based on a 2,080 hour work year, the fully loaded hourly labor cost is $ 27.32 for a GS 9 employee.

Table 5. Annual Agency Burden and Cost Estimate Activity Burden Hours Cost Inspections ( GS 9 Step 1) 1,356 $ 37,045 Total 1,356 $ 37,045 29 6( d) Bottom Line Burden Hour and Costs/ Master Tables The total respondent burden hours and costs for this information collection are as follows.

Burden Hours Cost Respondents 412,243 $ 13,281,559 6( e) Reasons for Change in Burden This request reflects a decrease of 24,046 hours ( from 436,289 hours to 412,243 hours) in the total estimated respondent burden from that currently in the OMB inventory. This decrease is due to a reduction in the number of supervisors that need to read and interpret the regulation. In the previous ICR EPA anticipated that all supervisors undertook this activity. In the current ICR EPA expects that only new supervisors must do so. The burden per respondent for this ICR ( 16.29 hours) is lower than under the previous ICR ( 17.24) for the same reason.

6( f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0072, is estimated to average 0.33 hours per response. 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.

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 No. OPPT 2003 0073, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use 30 EDOCKET 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. Once 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, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OPPT 2003 0073 and OMB control number 2070 0072 in any correspondence.

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. Attachment A Toxic Substances Control Act Section 6 15 U. S. C. 2605 TITLE 15 COMMERCE AND TRADE CHAPTER 53 TOXIC SUBSTANCES CONTROL SUBCHAPTER I CONTROL OF TOXIC SUBSTANCES Sec. 2605. Regulation of hazardous chemical substances and mixtures ( a) Scope of regulation If the Administrator finds that there is a reasonable basis to conclude that the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or that any combination of such activities, presents or will present an unreasonable risk of injury to health or the environment, the Administrator shall by rule apply one or more of the following requirements to such substance or mixture to the extent necessary to protect adequately against such risk using the least burdensome requirements: ( 1) A requirement ( A) prohibiting the manufacturing, processing, or distribution in commerce of such substance or mixture, or ( B) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce. ( 2) A requirement ( A) prohibiting the manufacture, processing, or distribution in commerce of such substance or mixture for ( i) a particular use or ( ii) a particular use in a concentration in excess of a level specified by the Administrator in the rule imposing the requirement, or ( B) limiting the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce for ( i) a particular use or ( ii) a particular use in a concentration in excess of a level specified by the Administrator in the rule imposing the requirement.

( 3) A requirement that such substance or mixture or any article containing such substance or mixture be marked with or accompanied by clear and adequate warnings and instructions with respect to its use, distribution in commerce, or disposal or with respect to any combination of such activities. The form and content of such warnings and instructions shall be prescribed by the Administrator. ( 4) A requirement that manufacturers and processors of such substance or mixture make and retain records of the processes used to manufacture or process such substance or mixture and monitor or conduct tests which are reasonable and necessary to assure compliance with the requirements of any rule applicable under this subsection. ( 5) A requirement prohibiting or otherwise regulating any manner or method of commercial use of such substance or mixture. ( 6)( A) A requirement prohibiting or otherwise regulating any manner or method of disposal of such substance or mixture, or of any article containing such substance or mixture, by its manufacturer or processor or by any other person who uses, or disposes of, it for commercial purposes. ( B) A requirement under subparagraph ( A) may not require any person to take any action which would be in violation of any law or requirement of, or in effect for, a State or political subdivision, and shall require each person subject to it to notify each State and political subdivision in which a required disposal may occur of such disposal. ( 7) A requirement directing manufacturers or processors of such substance or mixture ( A) to give notice of such unreasonable risk of injury to distributors in commerce of such substance or mixture and, to the extent reasonably ascertainable, to other persons in possession of such substance or mixture or exposed to such substance or mixture, ( B) to give public notice of such risk of injury, and ( C) to replace or repurchase such substance or mixture as elected by the person to which the requirement is directed.

Any requirement ( or combination of requirements) imposed under this subsection may be limited in application to specified geographic areas.

( b) Quality control If the Administrator has a reasonable basis to conclude that a particular manufacturer or processor is manufacturing or processing a chemical substance or mixture in a manner which unintentionally causes the chemical substance or mixture to present or which will cause it to present an unreasonable risk of injury to health or the environment ( 1) the Administrator may by order require such manufacturer or processor to submit a description of the relevant quality control procedures followed in the manufacturing or processing of such chemical substance or mixture; and ( 2) if the Administrator determines ( A) that such quality control procedures are inadequate to prevent the chemical substance or mixture from presenting such risk of injury, the Administrator may order the manufacturer or processor to revise such quality control procedures to the extent necessary to remedy such inadequacy; or ( B) that the use of such quality control procedures has resulted in the distribution in commerce of chemical substances or mixtures which present an unreasonable risk of injury to health or the environment, the Administrator may order the manufacturer or processor to ( i) give notice of such risk to processors or distributors in commerce of any such substance or mixture, or to both, and, to the extent reasonably ascertainable, to any other person in possession of or exposed to any such substance, ( ii) to give public notice of such risk, and ( iii) to provide such replacement or repurchase of any such substance or mixture as is necessary to adequately protect health or the environment.

A determination under subparagraph ( A) or ( B) of paragraph ( 2) shall be made on the record after opportunity for hearing in accordance with section 554 of title 5. Any manufacturer or processor subject to a requirement to replace or repurchase a chemical substance or mixture may elect either to replace or repurchase the substance or mixture and shall take either such action in the manner prescribed by the Administrator.

( c) Promulgation of subsection ( a) rules ( 1) In promulgating any rule under subsection ( a) of this section with respect to a chemical substance or mixture, the Administrator shall consider and publish a statement with respect to ( A) the effects of such substance or mixture on health and the magnitude of the exposure of human beings to such substance or mixture, ( B) the effects of such substance or mixture on the environment and the magnitude of the exposure of the environment to such substance or mixture, ( C) the benefits of such substance or mixture for various uses and the availability of substitutes for such uses, and ( D) the reasonably ascertainable economic consequences of the rule, after consideration of the effect on the national economy, small business, technological innovation, the environment, and public health.

If the Administrator determines that a risk of injury to health or the environment could be eliminated or reduced to a sufficient extent by actions taken under another Federal law ( or laws) administered in whole or in part by the Administrator, the Administrator may not promulgate a rule under subsection ( a) of this section to protect against such risk of injury unless the Administrator finds, in the Administrator's discretion, that it is in the public interest to protect against such risk under this chapter. In making such a finding the Administrator shall consider ( i) all relevant aspects of the risk, as determined by the Administrator in the Administrator's discretion, ( ii) a comparison of the estimated costs of complying with actions taken under this chapter and under such law ( or laws), and ( iii) the relative efficiency of actions under this chapter and under such law ( or laws) to protect against such risk of injury. ( 2) When prescribing a rule under subsection ( a) the Administrator shall proceed in accordance with section 553 of title 5 ( without regard to any reference in such section to sections 556 and 557 of such title), and shall also ( A) publish a notice of proposed rulemaking stating with particularity the reason for the proposed rule; ( B) allow interested persons to submit written data, views, and arguments, and make all such submissions publicly available; ( C) provide an opportunity for an informal hearing in accordance with paragraph ( 3); ( D) promulgate, if appropriate, a final rule based on the matter in the rulemaking record ( as defined in section 2618( a) of this title), and ( E) make and publish with the rule the finding described in subsection ( a) of this section. ( 3) Informal hearings required by paragraph ( 2)( C) shall be conducted by the Administrator in accordance with the following requirements: ( A) Subject to subparagraph ( B), an interested person is entitled ( i) to present such person's position orally or by documentary submissions ( or both), and ( ii) if the Administrator determines that there are disputed issues of material fact it is necessary to resolve, to present such rebuttal submissions and to conduct ( or have conducted under subparagraph ( B)( ii)) such cross examination of persons as the the Administrator determines ( I) to be appropriate, and ( II) to be required for a full and true disclosure with respect to such issues.

( B) The Administrator may prescribe such rules and make such rulings concerning procedures in such hearings to avoid unnecessary costs or delay. Such rules or rulings may include ( i) the imposition of reasonable time limits on each interested person's oral presentations, and ( ii) requirements that any cross examination to which a person may be entitled under subparagraph ( A) be conducted by the Administrator on behalf of that person in such manner as the Administrator determines ( I) to be appropriate, and ( II) to be required for a full and true disclosure with respect to disputed issues of material fact.

( C)( i) Except as provided in clause ( ii), if a group of persons each of whom under subparagraphs ( A) and ( B) would be entitled to conduct ( or have conducted) cross examination and who are determined by the Administrator to have the same or similar interests in the proceeding cannot agree upon a single representative of such interests for purposes of cross examination, the Administrator may make rules and rulings ( I) limiting the representation of such interest for such purposes, and ( II) governing the manner in which such cross examination shall be limited. ( ii) When any person who is a member of a group with respect to which the Administrator has made a determination under clause ( i) is unable to agree upon group representation with the other members of the group, then such person shall not be denied under the authority of clause ( i) the opportunity to conduct ( or have conducted) cross examination as to issues affecting the person's particular interests if ( I) the person satisfies the Administrator that the person has made a reasonable and good faith effort to reach agreement upon group representation with the other members of the group and ( II) the Administrator determines that there are substantial and relevant issues which are not adequately presented by the group representative. ( D) A verbatim transcript shall be taken of any oral presentation made, and cross examination conducted in any informal hearing under this subsection. Such transcript shall be available to the public.

( 4)( A) The Administrator may, pursuant to rules prescribed by the Administrator, provide compensation for reasonable attorneys' fees, expert witness fees, and other costs of participating in a rulemaking proceeding for the promulgation of a rule under subsection ( a) of this section to any person ( i) who represents an interest which would substantially contribute to a fair determination of the issues to be resolved in the proceeding, and ( ii) if ( I) the economic interest of such person is small in comparison to the costs of effective participation in the proceeding by such person, or ( II) such person demonstrates to the satisfaction of the Administrator that such person does not have sufficient resources adequately to participate in the proceeding without compensation under this subparagraph.

In determining for purposes of clause ( i) if an interest will substantially contribute to a fair determination of the issues to be resolved in a proceeding, the Administrator shall take into account the number and complexity of such issues and the extent to which representation of such interest will contribute to widespread public participation in the proceeding and representation of a fair balance of interests for the resolution of such issues. ( B) In determining whether compensation should be provided to a person under subparagraph ( A) and the amount of such compensation, the Administrator shall take into account the financial burden which will be incurred by such person in participating in the rulemaking proceeding. The Administrator shall take such action as may be necessary to ensure that the aggregate amount of compensation paid under this paragraph in any fiscal year to all persons who, in rulemaking proceedings in which they receive compensation, are persons who either ( i) would be regulated by the proposed rule, or ( ii) represent persons who would be so regulated, may not exceed 25 per centum of the aggregate amount paid as compensation under this paragraph to all persons in such fiscal year. ( 5) Paragraph ( 1), ( 2), ( 3), and ( 4) of this subsection apply to the promulgation of a rule repealing, or making a substantive amendment to, a rule promulgated under subsection ( a) of this section.

( d) Effective date ( 1) The Administrator shall specify in any rule under subsection ( a) of this section the date on which it shall take effect, which date shall be as soon as feasible. ( 2)( A) The Administrator may declare a proposed rule under subsection ( a) of this section to be effective upon its publication in the Federal Register and until the effective date of final action taken, in accordance with subparagraph ( B), respecting such rule if ( i) the Administrator determines that ( I) the manufacture, processing, distribution in commerce, use, or disposal of the chemical substance or mixture subject to such proposed rule or any combination of such activities is likely to result in an unreasonable risk of serious or widespread injury to health or the environment before such effective date; and ( II) making such proposed rule so effective is necessary to protect the public interest; and ( ii) in the case of a proposed rule to prohibit the manufacture, processing, or distribution of a chemical substance or mixture because of the risk determined under clause ( i)( I), a court has in an action under section 2606 of this title granted relief with respect to such risk associated with such substance or mixture.

Such a proposed rule which is made so effective shall not, for purposes of judicial review, be considered final agency action. ( B) If the Administrator makes a proposed rule effective upon its publication in the Federal Register, the Administrator shall, as expeditiously as possible, give interested persons prompt notice of such action, provide reasonable opportunity, in accordance with paragraphs ( 2) and ( 3) of subsection ( c) of this section, for a hearing on such rule, and either promulgate such rule ( as proposed or with modifications) or revoke it; and if such a hearing is requested, the Administrator shall commence the hearing within five days from the date such request is made unless the Administrator and the person making the request agree upon a later date for the hearing to begin, and after the hearing is concluded the Administrator shall, within ten days of the conclusion of the hearing, either promulgate such rule ( as proposed or with modifications) or revoke it.

( e) Polychlorinated biphenyls ( 1) Within six months after January 1, 1977, the Administrator shall promulgate rules to ( A) prescribe methods for the disposal of polychlorinated biphenyls, and ( B) require polychlorinated biphenyls to be marked with clear and adequate warnings, and instructions with respect to their processing, distribution in commerce, use, or disposal or with respect to any combination of such activities.

Requirements prescribed by rules under this paragraph shall be consistent with the requirements of paragraphs ( 2) and ( 3). ( 2)( A) Except as provided under subparagraph ( B), effective one year after January 1, 1977, no person may manufacture, process, or distribute in commerce or use any polychlorinated biphenyl in any manner other than in a totally enclosed manner. ( B) The Administrator may by rule authorize the manufacture, processing, distribution in commerce or use ( or any combination of such activities) of any polychlorinated biphenyl in a manner other than in a totally enclosed manner if the Administrator finds that such manufacture, processing, distribution in commerce, or use ( or combination of such activities) will not present an unreasonable risk of injury to health or the environment. ( C) For the purposes of this paragraph, the term    totally enclosed manner'` means any manner which will ensure that any exposure of human beings or the environment to a polychlorinated biphenyl will be insignificant as determined by the Administrator by rule. ( 3)( A) Except as provided in subparagraphs ( B) and ( C) ( i) no person may manufacture any polychlorinated biphenyl after two years after January 1,1977, and ( ii) no person may process or distribute in commerce any polychlorinated biphenyl after two and one half years after such date.

( B) Any person may petition the Administrator for an exemption from the requirements of subparagraph ( A), and the Administrator may grant by rule such an exemption if the Administrator finds that ( i) an unreasonable risk of injury to health or environment would not result, and ( ii) good faith efforts have been made to develop a chemical substance which does not present an unreasonable risk of injury to health or the environment and which may be substituted for such polychlorinated biphenyl.

An exemption granted under this subparagraph shall be subject to such terms and conditions as the Administrator may prescribe and shall be in effect for such period ( but not more than one year from the date it is granted) as the Administrator may prescribe. ( C) Subparagraph ( A) shall not apply to the distribution in commerce of any polychlorinated biphenyl if such polychlorinated biphenyl was sold for purposes other than resale before two and one half years after October 11, 1976. ( 4) Any rule under paragraph ( 1), ( 2)( B), or ( 3)( B) shall be promulgated in accordance with paragraphs ( 2), ( 3), and ( 4) of subsection ( c) of this section. ( 5) This subsection does not limit the authority of the Administrator, under any other provision of this chapter or any other Federal law, to take action respecting any polychlorinated biphenyl.

( Pub. L. 94 469, title I, Sec. 6, Oct. 11, 1976, 90 Stat. 2020; renumbered title I, Pub. L. 99 519, Sec. 3( c)( 1), Oct. 22, 1986, 100 Stat. 2989.)

Section Referred to in Other Sections This section is referred to in sections 2603, 2604, 2606 to 2608, 2611, 2612, 2614, 2616 to 2620, 2623, 2630 of this title; title 10 section 2708; title 42 section 6925. Attachment B Toxic Substances Control Act Section 8( a)

15 U. S. C. 2607( a) TITLE 15 COMMERCE AND TRADE CHAPTER 53 TOXIC SUBSTANCES CONTROL SUBCHAPTER I CONTROL OF TOXIC SUBSTANCES Sec. 2607. Reporting and retention of information ( a) Reports ( 1) The Administrator shall promulgate rules under which ( A) each person ( other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process a chemical substance ( other than a chemical substance described in subparagraph ( B)( ii)) shall maintain such records, and shall submit to the Administrator such reports, as the Administrator may reasonably require, and ( B) each person ( other than a small manufacturer or processor) who manufactures or processes or proposes to manufacture or process ( i) a mixture, or ( ii) a chemical substance in small quantities ( as defined by the Administrator by rule) solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including any such research or analysis for the development of a product,

shall maintain records and submit to the Administrator reports but only to the extent the Administrator determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of this chapter.

The Administrator may not require in a rule promulgated under this paragraph the maintenance of records or the submission of reports with respect to changes in the proportions of the components of a mixture unless the Administrator finds that the maintenance of such records or the submission of such reports, or both, is necessary for the effective enforcement of this chapter. For purposes of the compilation of the list of chemical substances required under subsection ( b) of this section, the Administrator shall promulgate rules pursuant to this subsection not later than 180 days after January 1, 1977. ( 2) The Administrator may require under paragraph ( 1) maintenance of records and reporting with respect to the following insofar as known to the person making the report or insofar as reasonably ascertainable: ( A) The common or trade name, the chemical identity, and the molecular structure of each chemical substance or mixture for which such a report is required. ( B) The categories or proposed categories of use of each such substance or mixture. ( C) The total amount of each such substance and mixture manufactured or processed, reasonable estimates of the total amount to be manufactured or processed, the amount manufactured or processed for each of its categories of use, and reasonable estimates of the amount to be manufactured or processed for each of its categories of use or proposed categories of use. ( D) A description of the byproducts resulting from the manufacture, processing, use, or disposal of each such substance or mixture. ( E) All existing data concerning the environmental and health effects of such substance or mixture. ( F) The number of individuals exposed, and reasonable estimates of the number who will be exposed, to such substance or mixture in their places of employment and the duration of such exposure. ( G) In the initial report under paragraph ( 1) on such substance or mixture, the manner or method of its disposal, and in any subsequent report on such substance or mixture, any change in such manner or method.

To the extent feasible, the Administrator shall not require under paragraph ( 1), any reporting which is unnecessary or duplicative. ( 3)( A)( i) The Administrator may by rule require a small manufacturer or processor of a chemical substance to submit to the Administrator such information respecting the chemical substance as the Administrator may require for publication of the first list of chemical substances required by subsection ( b) of this section. ( ii) The Administrator may by rule require a small manufacturer or processor of a chemical substance or mixture ( I) subject to a rule proposed or promulgated under section 2603, 2604( b)( 4), or 2605 of this title, or an order in effect under section 2604( e) of this title, or ( II) with respect to which relief has been granted pursuant to a civil action brought under section 2604 or 2606 of this title,

to maintain such records on such substance or mixture, and to submit to the Administrator such reports on such substance or mixture, as the Administrator may reasonably require. A rule under this clause requiring reporting may require reporting with respect to the matters referred to in paragraph ( 2). ( B) The Administrator, after consultation with the Administrator of the Small Business Administration, shall by rule prescribe standards for determining the manufacturers and processors which qualify as small manufacturers and processors for purposes of this paragraph and paragraph ( 1). Attachment C 40 CFR 763 Subpart G TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY ( CONTINUED)

PART 763 ASBESTOS Subpart G Asbestos Worker Protection 763.120 What is the purpose of this subpart?

This subpart protects certain State and local government employees who are not protected by the Asbestos Standards of the Occupational Safety and Health Administration ( OSHA). This subpart applies the OSHA Asbestos Standards in 29 CFR 1910.1001 and 29 CFR 1926.1101 to these employees.

763.121 Does this subpart apply to me?

If you are a State or local government employer and you are not subject to a State asbestos standard that OSHA has approved under section 18 of the Occupational Safety and Health Act or a State asbestos plan that EPA has exempted from the requirements of this subpart under section 763.123, you must follow the requirements of this subpart to protect your employees from occupational exposure to asbestos.

763.122 What does this subpart require me to do?

If you are a State or local government employer whose employees perform:

( a) Construction activities identified in 29 CFR 1926.1101( a), you must:

( 1) Comply with the OSHA standards in 29 CFR 1926.1101.

( 2) Submit notifications required for alternative control methods to the Director, National Program Chemicals Division ( 7404), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

( b) Custodial activities not associated with the construction activities identified in 29 CFR 1926.1101( a), you must comply with the OSHA standards in 29 CFR 1910.1001.

( c) Repair, cleaning, or replacement of asbestos containing clutch plates and brake pads, shoes, and linings, or removal of asbestos containing residue from brake drums or clutch housings, you must comply with the OSHA standards in 29 CFR 1910.1001.

763.123 May a State implement its own asbestos worker protection plan? This section describes the process under which a State may be exempted from the requirements of this subpart.

( a) States seeking an exemption. If your State wishes to implement its own asbestos worker protection plan, rather than complying with the requirements of this subpart, your State must apply for and receive an exemption from EPA.

( 1) What must my State do to apply for an exemption? To apply for an exemption from the requirements of this subpart, your State must send to the Director of EPA's Office of Pollution Prevention and Toxics ( OPPT) a copy of its asbestos worker protection regulations and a detailed explanation of how your State's asbestos worker protection plan meets the requirements of TSCA section 18 ( 15 U. S. C. 2617).

( 2) What action will EPA take on my State's application for an exemption? EPA will review your State's application and make a preliminary determination whether your State's asbestos worker protection plan meets the requirements of TSCA section 18.

( i) If EPA's preliminary determination is that your State's plan does meet the requirements of TSCA section 18, EPA will initiate a rulemaking, including an opportunity for public comment, to exempt your State from the requirements of this subpart. After considering any comments, EPA will issue a final rule granting or denying the exemption.

( ii) If EPA's preliminary determination is that the State plan does not meet the requirements of TSCA section 18, EPA will notify your State in writing and will give your State a reasonable opportunity to respond to that determination.

( iii) If EPA does not grant your State an exemption, then the State and local government employers in your State are subject to the requirements of this subpart.

( b) States that have been granted an exemption. If EPA has exempted your State from the requirements of this subpart, your State must update its asbestos worker protection regulations as necessary to implement changes to meet the requirements of this subpart, and must apply to EPA for an amendment to its exemption.

( 1) What must my State do to apply for an amendment to its exemption? To apply for an amendment to its exemption, your State must send to the Director of OPPT a copy of its updated asbestos worker protection regulations and a detailed explanation of how your State's updated asbestos worker protection plan meets the requirements of TSCA section 18. Your State must submit its application for an amendment within 6 months of the effective date of any changes to the requirements of this subpart, or within a reasonable time agreed upon by your State and OPPT.

( 2) What action will EPA take on my State's application for an amendment? EPA will review your State's application for an amendment and make a preliminary determination whether your State's updated asbestos worker protection plan meets the requirements of TSCA section 18.

( i) If EPA determines that the updated State plan does meet the requirements of TSCA section 18, EPA will issue your State an amended exemption.

( ii) If EPA determines that the updated State plan does not meet the requirements of TSCA section 18, EPA will notify your State in writing and will give your State a reasonable opportunity to respond to that determination.

( iii) If EPA does not grant your State an amended exemption, or if your State does not submit a timely request for amended exemption, then the State and local government employers in your State are subject to the requirements of this subpart. 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 $ 17.61 [ c] $ 28.18 Construction supervisor $ 22.31 [ d] $ 35.69 Clerical worker $ 15.16 [ e] $ 24.26 Brake and clutch repair mechanic $ 18.46 [ f] $ 29.54 Brake and clutch repair supervisor $ 22.84 [ g] $ 36.55 Industrial hygienist $ 28.67 [ h] $ 45.87 [ a] Source: BLS, 2001a and 2001b. These figures were updated to September 2003 using BLS, 2003b. [ b] EPA calculates the loaded hourly wage rate by inflating the raw hourly wage rate by 60 percent to account for benefits and overhead ( EPA, 1992). This is consistent with the data. BLS, 2003a shows that for state and local government workers the cost per hour worked figures for total compensation and wages and salary are $ 32.99 and $ 23.14, respectively. This would indicate that benefits represent 43 percent increase over wages and salary. EPA has also used a figure of 17 percent to represent overhead. These combined, approximate the 60 percent figure used above. [ c] This is the average hourly wage for the " Construction and Extraction Occupations" category in BLS, 2001a and 2001b. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. [ d] This is the average hourly wage for the " First Line Supervisors/ Managers of Construction Trades and Extraction Workers" category in BLS, 2001a and 2001b. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. [ e] This is the average hourly wage for the " Secretaries, Except Legal, Medical and Executive" category in BLS, 2001a and 2001b. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. [ f] This is the average hourly wage for the " Automotive Service Technicians and Mechanics" category in BLS, 2001a and 2001b. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. [ g] This is the average hourly wage for the " First Line Supervisors/ Managers of Mechanics, Installers, and Repairers" category in BLS, 2001a and 2001b. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. [ h] Because there is no industrial hygienist category in the BLS, 2001a and 2001b data, the average hourly wage for the " Health and Safety Engineers, Except Mining Safety Engineers and Inspectors" category in BLS, 2001a and 2001b was used. This category was used based on the similarity of duties as described in the data. This figure represents the average for state and local governments. It has been updated to September 2003 using BLS, 2003b. References for Attachment D Bureau of Labor Statistics ( BLS), Occupational Employment Statistics ( OES), 2001a. 2001 National Industry Specific Occupational Employment and Wage Estimates, SIC 902  State Government ( OES designation).

Bureau of Labor Statistics ( BLS), Occupational Employment Statistics ( OES), 2001b. 2001 National Industry Specific Occupational Employment and Wage Estimates, SIC 903  Local Government ( OES designation).

Bureau of Labor Statistics ( BLS), 2003a. Employer Costs For Employee Compensation. June.

Bureau of Labor Statistics ( BLS), 2003b. Employment Cost Index. Historical Listing ( June 1989= 100). October 30.

U. S. Environmental Protection Agency, 1992. Office of Policy, Planning and Evaluation. Instructions For Preparing Information Collection Requests ( ICRs). June 1.