[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30358-30360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08639]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0262; FRL-11605-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing ICR Collection and Request for Comment; Reporting and 
Recordkeeping for Asbestos Abatement Worker Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
the following Information Collection Request (ICR) that EPA is planning 
to submit to the Office of Management and Budget (OMB): ``Reporting and 
Recordkeeping for Asbestos Abatement Worker Protection,'' identified by 
EPA ICR No. 1246.15 and OMB Control No. 2070-0072. This ICR represents 
a renewal of an existing ICR that is currently approved through January 
31, 2025. Before submitting the ICR to OMB for review and approval 
under the PRA, EPA is soliciting comments on specific aspects of the 
information collection that is summarized in this document. The ICR and 
accompanying material are available in the docket for public review and 
comment.

DATES: Comments must be received on or before June 24, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2020-0262, through http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information

[[Page 30359]]

whose disclosure is restricted by statute. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Mission Support 
Divison (7602M), Office of Program Support, Office of Chemical Safety 
and Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-1206; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What Information Collection Activity or ICR does this action apply 
to?

    Title: Reporting and Recordkeeping for Asbestos Abatement Worker 
Protection.
    EPA ICR No.: 1246.15.
    OMB Control No.: 2070-0072.
    ICR status: This ICR is currently approved through January 31. 
2025. Under the PRA, an agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information, unless it 
displays a currently valid OMB control number. The OMB control numbers 
for EPA's regulations in title 40 of the Code of Federal Regulations 
(CFR), after appearing in the Federal Register when approved, are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR covers reporting and recordkeeping requirements 
associated with EPA's workplace standards for the protection of state 
and local government employees who work with asbestos and who are not 
covered by a state plan approved by the Occupational Safety and Health 
Administration (OSHA). Currently, state and local government employees 
in 23 states, the District of Columbia (DC), and three additional U.S. 
territories (DC and the territories are counted as one ``state 
equivalent'') who perform construction work, including building 
construction, renovation, demolition, and maintenance activities, and 
employees who perform brake and clutch repair work, are covered by 
these requirements. EPA's asbestos worker protection regulations 
incorporate, by reference, the OSHA Construction Industry Standard for 
Asbestos (29 CFR 1926.1101) and the General Industry Standard for 
Asbestos (29 CFR 1910.1001). EPA 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 one year. 
Employers must also establish written respiratory protection programs 
and maintain procedures and records of respirator fit tests for one 
year.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.32 
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/affected entities: Respondents for this information 
collection include states and local government employers in the 23 
states, DC, and the U.S. territories that have employees engaged in 
asbestos-related construction, custodial, and brake and clutch repair 
activities without OSHA-approved state plans. The following North 
American Industrial Classification System (NAICS) codes have been 
provided to assist in determining whether this action might apply to 
certain entities:
     Public Administration (NAICS Code 92), and
     Educational Services (NAICS Code 61.
    Respondent's obligation to respond: Mandatory. 40 CFR 763.
    Frequency of response: Occasional.
    Total estimated number of potential respondents: 34,138.
    Total estimated average number of responses for each respondent: 
33.
    Total estimated annual burden hours: 358,049 hours.
    Total estimated annual costs: $19,960,188, which includes an 
estimated $0 for capital investment or maintenance and operational 
costs.

III. Are there changes in the estimates from the last approval?

    There is an increase in total burden costs of $3.066 million 
compared with that identified in the ICR currently approved by OMB, 
which reflects an increase of $10.45, or 23%, to the weighted average 
wage rate, and an increase of 10,701 in total respondents (state and 
local entities), reflecting updated numbers of governments from the 
Census of Governments. These increases are partially offset by a 
decrease of 46,824 in the total number of responses due to a decrease 
in the number of states subject to the rule compared with that 
identified in the ICR currently approved by OMB. There is a decrease in 
burden hours by 14,920 due to a decrease in estimated number of 
responses. These changes qualify as adjustments.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICR to OMB and the opportunity to submit 
additional

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comments to OMB. If you have any questions about this ICR or the 
approval process, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: April 18, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-08639 Filed 4-22-24; 8:45 am]
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