Agency Information Collection Activities: Submission for OMB Review; Comment Request, NESHAP Subpart M, National Emission Standard for Asbestos

Federal RegisterNov 22, 1999

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6479-2]

Agency Information Collection Activities: Submission for OMB

Review; Comment Request, NESHAP Subpart M, National Emission Standard

for Asbestos

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this document announces that the following Information

Collection Request (ICR) has been forwarded to the Office of Management

and Budget (OMB) for review and approval: NESHAP Subpart M, National

Emission Standard for Asbestos; OMB Control Number 2060-0101; expires

February 29, 2000. The ICR describes the nature of the information

collection and its expected burden and cost; where appropriate, it

includes the actual data collection instrument.

DATES: Comments must be submitted on or before December 22, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202)

260-2740, by E-Mail at Farmer.S[email protected] or download a copy

of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA

ICR No. 0111.09.

SUPPLEMENTARY INFORMATION:

Title: NESHAP Subpart M National Emission Standard for Asbestos

(OMB Control No. 2060-0101; EPA ICR No. 0111.09) expiring February 29,

2000. This is a request for extension of a currently approved

collection.

Abstract: The revised National Emission Standards for Hazardous Air

Pollutants (NESHAP), for Asbestos were proposed on January 10,1989 and

promulgated on November 20, 1990. The standards apply to the following

facilities: demolition and renovation of facilities; the disposal of

asbestos waste; asbestos milling, manufacturing and fabricating; the

use of asbestos on roadways; asbestos waste conversion facilities; and

the use of asbestos insulation and sprayed-on materials. This

information is being collected to assure compliance with 40 CFR part

61, subpart M.

Milling, Manufacturing, Fabricating, Waste Disposal and Waste

Conversion Facilities

Owners or operators of the affected milling, manufacturing,

fabricating, waste disposal, and waste conversion

[[Page 63809]]

facilities described must make one-time-only notifications and are also

required to maintain records of the occurrence and duration of any

startup, shutdown, or malfunction. Record keeping includes the initial

performance test results including information necessary to determine

the conditions of the performance test, and performance test

measurements and results, including monitoring each potential source of

asbestos emissions for visible emissions to the outside air and

inspecting air cleaning devices to ensure proper operation. The

reporting requirements include the initial notifications listed, the

initial performance test results, and quarterly reports of instances

when visible emissions are observed. These notifications, reports and

records are required, in general, of milling, manufacturing,

fabricating, and waste disposal sources subject to the NESHAP Subpart

M. Notifications are used to inform the Agency or delegated authority

when a source becomes subject to the standard. The reviewing authority

may then inspect the source to check if the pollution control devices

are properly installed and operated, and if the standard is being met.

The quarterly reports are used for problem identification, as a check

on source operation and maintenance, and for compliance determinations.

Demolition and Renovation

Owners and operators of demolitions and renovations must notify EPA

in advance of the initiation of any asbestos removal work. The notice

provides information on the dates of operation, the nature of the

removal operation, the quantity of asbestos, and controls to be used.

The reviewing authority may then inspect the source to ensure

compliance with the standard. The demolition and renovation standard

requires that a representative trained in the provisions of the

standard be present at the facility. Evidence that the required

training has been completed is required. The provisions require that

all containers of asbestos waste be labeled including the name of the

waste generator and the location of where the waste was generated.

Owners or operators of demolitions and renovations are required to

prepare and maintain records of each waste shipment as to its

destination, the quantity of waste, and the date of shipment, and to

furnish a copy of the record to disposal site owners or operators. The

regulation also requires that the generators of asbestos waste attempt

to reconcile instances in which a signed copy of the waste shipment

record is not received from the disposal site and that the generator

notify EPA if delivery to the disposal site cannot be confirmed.

Owners and operators of waste disposal sites are required to

document all asbestos waste shipments that are received and send a copy

of each record back to the generator. A record of the location and

quantity of asbestos in the landfill is required as well as noting the

presence and location of asbestos in the landfill property deed.

Disposal site owners and operators have to report to EPA any

discrepancies between the amount of waste designated on the waste

shipment record and the amount actually received, as well as instances

of improperly contained waste. An owner or operator of an operation in

which asbestos-containing materials are spray-applied must notify EPA

in advance of the spraying operation. The notice provides information

on the name and address of the owner or operator, location of the

spraying operation, and procedures to be followed.

Any owner or operator subject to the provisions of this part shall

maintain a file of these measurements, and retain the file for at least

2 years following the date of such measurements, and records. All

reports are sent to the delegated State or Local authority. In the

event that there is no such delegated authority, the reports are sent

directly to the EPA Regional Office. Responses to this information

collection are mandatory. Section 112 of the Clean Air Act as Amended

provides EPA with the authority for NESHAP Standards. 40 CFR part 61,

subpart M requires the collection and reporting of the emissions data/

work practice compliance. 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 are listed in 40 CFR part 9 and

48 CFR Chapter 15. The Federal Register document required under 5 CFR

1320.8(d), soliciting comments on this collection of information was

published on 6/4/99 (64 FR 107); no comments were received.

Burden Statement: The annual public reporting and record keeping

burden for this collection of information is estimated to average 2.7

hours per response. Burden means the total time, effort, or financial

resources expended by persons to generate, maintain, retain, or

disclose or provide information to or for a Federal agency. This

includes the time needed to review instructions; develop, acquire,

install, and utilize technology and systems for the purposes of

collecting, validating, and verifying information, processing and

maintaining information, and disclosing and providing information;

adjust the existing ways to comply with any previously applicable

instructions and requirements; train personnel to be able to respond to

a collection of information; search data sources; complete and review

the collection of information; and transmit or otherwise disclose the

information.

Respondents/Affected Entities: Owners/Operators of Asbestos

Milling, Manufacturing and Fabricating Facilities

Estimated Number of Respondents: 10,647.

Frequency of Response: On occasion, weekly, quarterly and annually.

Estimated Total Annual Hour Burden: 362,159 hours.

Estimated Total Annualized Capital, O&M Cost Burden: $0.

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondent burden, including through the use of

automated collection techniques to the following addresses. Please

refer to EPA ICR No. 0111.09 and OMB Control No. 2060-0101 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of

Policy, Regulatory Information Division (2137), 401 M Street, SW,

Washington, DC 20460;

and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attention: Desk Officer for EPA, 725 17th Street, NW,

Washington, DC 20503.

Dated: November 15, 1999.

Richard T. Westlund,

Acting Director, Regulatory Information Division.

[FR Doc. 99-30406 Filed 11-19-99; 8:45 am]

BILLING CODE 6560-50-P

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