This submission supports the proposed rules 1219-AB14, “Verification of Underground Coal Mine Operators Dust Control Plans and Compliance Sampling for Respirable Dust (Plan Verification)” and 1219-AB18, Determination of Concentration of Respirable Coal Mi

Supporting Statement for

Paperwork Reduction Act Submissions

This submission supports the proposed rules 1219-AB14, “Verification of Underground Coal Mine Operators Dust Control Plans and Compliance Sampling for Respirable Dust (Plan Verification)” and 1219-AB18, Determination of Concentration of Respirable Coal Mine Dust (Single Sample). The proposed rules apply to underground coal mines and to 30 CFR Part 70, 71, 75, and 90.

30 CFR 70.201 – Sampling; general and technical requirements (existing 70.202(b) now changed to 70.201(b))

30 CFR 70.203 – Approved sampling devices; operation; air flowrate (existing 70.209 – now changed to 70.203)

30 CFR 70.204 – Demonstrating the adequacy of the dust control parameters specified in a ventilation plan; verification sampling

30 CFR 70.209 – Use of supplementary control measures; types and conditions for use; request for approval

30 CFR 70.210 – Powered air-purifying respirators (PAPRs) requirements for approval

30 CFR 70.212 – Powered air-purifying respirators (PAPRs); conditions of use under special circumstances

30 CFR 70.213 – Administrative controls; requirements for approval

30 CFR 70.215 – Quarterly evaluation of approved plan parameters

30 CFR 70.216 – Respirable dust samples; transmission by operator (existing 70.209 – now changed to 70.216)

30 CFR 70.217 – Respirable dust samples; report to operator; and posting

30 CFR 70.218 – violation of respirable dust standard; issuance of citation; action required by operator; and termination of citation

30 CFR 70.219 – Status change reports (existing 70.220a – now changed to 70.219)

30 CFR 71.201 – Sampling; general requirements

30 CFR 71.202 – Certified person; sampling

30 CFR 71.204 – Approved sampling devices; maintenance and calibration

30 CFR 71.209 – Respirable dust samples; transmission by operator

30 CFR 71.210 – Respirable dust samples; report to operator; posting

30 CFR 71.220 – Status Change Reports

30 CFR 71.300 – Respirable dust control plan; filing requirements

30 CFR 71.301 – Respirable dust control plan; approval by District Manager and posting

30 CFR 90.201 – Sampling; general requirements

30 CFR 90.202 – Approved sampling devices; maintenance and calibration (existing 90.204 – now changed to 90.202)

30 CFR 90.203 - Approved sampling devices; operation; air flowrate (existing 90.209 – now changed to 90.203)

30 CFR 90.204 – Respirable dust sampling

30 CFR 90.205 – Respirable dust samples; transmission by operator

30 CFR 90.207 – violation of respirable dust standard; issuance of citation; action required by operator; and termination of citation

30 CFR 90.208 – Status change reports (existing 90.220 – now changed to 90.208)

30 CFR 90.300 – Respirable dust control plan; filing requirements; contents

30 CFR 90.301 – Respirable dust control plan; approval by district manager; copy to Part 90 miner

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

For as long as miners have taken coal from the ground, many have suffered respiratory problems due to their occupational exposures to respirable coal mine dust. Long-term retention of coal mine dust in the lung causes chronic lung diseases including coal workers= pneumoconiosis (CWP), silicosis, and chronic obstructive pulmonary disease (COPD) (e.g., chronic bronchitis, emphysema, and airways obstruction). Coal workers= pneumoconiosis occurs in two stages: simple and complicated pneumoconiosis. Simple CWP is categorized into three levels of severity: 1, 2, and 3. Miners with simple CWP, especially the more advanced categories, have a substantially increased risk of developing complicated pneumoconiosis (more typically known as progressive massive fibrosis (PMF)). Progressive massive fibrosis can cause significant loss of lung function and give rise to respiratory symptoms (e.g., breathlessness, wheezing), and lead to disability and premature mortality. Overall, coal miners are at risk of increased morbidity and premature mortality arising from all of the chronic diseases associated with coal mine dust exposure. Elimination or reduction of coal mine dust exposure is the only effective way to prevent or minimize occupational lung disease among coal miners. To the extent that the proposed plan verification rule reduces overexposures to respirable coal mine dust (which includes quartz), there should be fewer Black Lung Program cases. Therefore, over time, the associated financial outlay by operators through either payments made into the Black Lung Disability Trust Fund, insurance premiums, or direct payments of black lung benefits should be lower than would otherwise occur. A decrease in black lung beneficiaries could help reduce the financial obligation of the Black Lung Program. In fiscal year 2000, 386 claims for Black Lung Benefits were accepted as new cases; 71 percent (273 cases) are the financial responsibility of coal operators.

Pursuant to Section 202(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. ' 842, and its accompanying regulations at 30 CFR Part 70, and Part 71 coal mine operators are required to continuously maintain an average concentration of respirable coal mine dust in the mine atmosphere at or below 2.0 milligrams per cubic meter (mg/m³) of air on each shift to prevent overexposure by miners. Under 30 CFR Part 90, a coal miner (Part 90 miner) who has evidence of the development of pneumoconiosis (black lung) may elect to work in a mine atmosphere that must be maintained at or below 1.0 mg/m³. Current regulations also provide for lowering the applicable dust standard when quartz levels in the mine environment exceeds 5 percent using the formula 10/%Qtz.

To demonstrate that the applicable dust standard is being complied with, 30 CFR Parts 70, and 90 require coal mine operators to collect a specified number of dust samples.

If MSHA wishes to observe an operator taking the required samples, sections 70.201(g), 71.201(c) and 90.201(f) authorizes the District Manager to require the mine operator to submit the date(s) when sampling will begin. Additionally, proposed ' 70.201(f) requires that operators provide affected miners and their representatives with an opportunity to observe verification sampling (MMUs). The operator would be required to give prior notice of the date and time of the sampling to miners and their representatives.

Only a certified person is allowed to conduct the respirable dust sampling required by these parts. To become certified, 30 CFR 70.201(b), 30 CFR 71.202(a), and 30 CFR 90.201(b) requires that the person must pass the MSHA examination on sampling of respirable coal mine dust.

Under 30 CFR 70.203 and 30 CFR 90.203 sampling devices must be operated at the proper flowrate. If the proper flowrate is not maintained, the certified person must transmit the sample to MSHA with a notification on the dust data card that the proper flowrate was not maintained.

An operator would be required to verify the dust control parameters through sampling in accordance with the requirements of existing 30 CFR 75.370(a)(1) (mine ventilation plans). 75.370 is currently approved under OMB Control No. 1219-0088 (exp. 03/31/04).

After obtaining provisional approval of the ventilation plan, an operator would be required under 30 CFR 70.204, 70.205 & 70.206 to conduct verification sampling to verify the adequacy of the dust control parameters for each MMU. Upon written request by the operator, the district manager may grant an extension to complete the verification sampling.

If the verification limit is exceeded, the operator would be required under proposed 30 CFR 70.208 to stop sampling, determine the cause of action to take, and within 5 calendar days after receiving results of sampling, submit any proposed revisions (§75.370 is covered under 1219-0088)to the plan parameters to the district manager.

Under 30 CFR 70.209, the mine operator would be required to take certain actions when verification samples exceed either verification limit after the operator has implemented all feasible engineering or environmental controls. The operator may submit a written request to the Administrator for Coal Mine Safety and Health, asking for approval to use augment engineering controls with supplementary controls to maintain the work environment of the affected miners at a safe exposure level. A copy of the request must be provided to the representative of miners and posted on the mine bulletin board. If an operator chooses to use PAPRs as a supplementary control measure, the operator must submit a revision to the ventilation plan to the district manager within 5 days of receipt of MSHA’s written approval (30 CFR 70.210).

Section 30 CFR 70.212 sets forth the special circumstances under which an operator would be permitted to use, on an intermittent basis, PAPRs to protect individual miners from excessive dust concentrations and for compliance purposes. The operator may submit a written request to the district manager for the use of PAPRs as a supplementary control measure. The operator must provide a copy of the request to the representative of miners. If an operator chooses to use administrative controls as a supplementary control measure, 30 CFR 70.213 would require the operator to submit a revision to the plan parameters to the district manager.

Section 70.215(a) specifies for those MMUs designated by MSHA, one valid respirable dust sample from the DO and the occupations(s) under supplementary controls must be submitted to MSHA on a quarterly basis.

Sections 70.216(c), 71.209(a), and 90.205(c) require persons who are certified by MSHA to take respirable dust samples to complete the dust data card that accompanies each sample being submitted for analysis.

Section 70.217 and 71.210 specifies the type of sampling and other related information the operator would post on the mine bulletin board. The posting requirements are intended to promote miner awareness of the process of verifying the adequacy of the dust control parameters for each MMU specified in the mine ventilation plan and of the respirable dust conditions in the mine.

Under proposed 30 CFR 70.218(a) and 90.207(a), the operator would be cited for a violation of either ' 70.100(a) and (b), or ' 70.101 when a valid equivalent concentration measurement for any occupation sampled by MSHA exceeds the applicable standard and is assessed a civil penalty (MMUs only). If an operator receives a citation for exceeding the applicable dust standard, proposed paragraphs ' 70.218(b)(1) through (4), and ' 90.207(b) would require the operator to take specific actions to immediately protect miners and to prevent them from being overexposed on subsequent shifts within the time period fixed in the citation.

In the event of a change in the operational status of any designated sampling entity that affects the ability of the operator to fully comply with the respirable dust sampling requirements, '' 70.219(a), 71.220(a), and 90.208 requires the operator to report status changes to MSHA in writing within 3 working days after the status change has occurred.

Section 70.220 is a new standard by which MSHA is encouraging the use of a personal dust monitor in conjunction with engineering and administrative controls as part of a comprehensive dust control program. The operator would be required to include in the proposed plan, the specific administrative controls used, how each would be employed and by whom, and the method for ensuring that such controls are complied with on each shift. The operator would be expected to develop written procedures for the proper use of this type of dust monitor.

Existing section 75.362 (OMB Control No. 1219-0088) requires that an on-shift examination be performed to assure compliance with the dust control parameters specified in the ventilation plan prior to the beginning of coal production. The operator would be required to record the results of each on-shift examination. The certified person conducting or directing the examination would be required to verify the record of each examination at the end of the shift by initials, date and time. The record would be retained for at least six months.

Under section 75.370 (OMB Control No. 1219-0088) the operator would be required to record and maintain records of the total amount of material produced each production shift by each MMU during the previous six-month period, which would be made available for inspection by authorized representatives of the Secretary and the miners’ representative.

Under section 90.204, to determine if a Part 90 miner is working in an area of the mine where the dust concentration during each shift does not exceed the applicable standard, the operator would be required to collect five valid samples with 15 calendar days after being notified by MSHA that a Part 90 miner is employed at the mine. The operator would also be required to collect five valid samples to verify the suitability of a work position to which a Part 90 miner was transferred.

Section 90.205 would require each Part 90 miner sample collected by the operator to be transmitted to MSHA within 24ours after the end of the sampling shift in containers provided by the manufacturers of the filter cassette. Each transmitted sample must be accompanied by a properly completed dust data card. All dust data cards submitted must be signed by a person certified to collect samples and must include that person’s certification number. By signing the card, that person certifies that the sample was collected in accordance with the requirements of this part.

Section 90.207 is a new requirement that addresses the circumstances under which MSHA would issue a citation for violation of the applicable dust standard. It also establishes the specific actions that and operator would be required to take within the time for abatement fixed in the citation.

Sections90.300 and 71.300 require a coal mine operator to submit to MSHA for approval a written respirable dust control plan within 15 calendar days after the termination date of a citation for violation of the applicable dust standard (' 90.100 or ' 90.101/ § 71.100 or § 71.101). This plan provides a description of the specific respirable dust control measures used to abate the excessive dust violation and how each control measure will continue to be used by the operator to control dust levels and ensure continued compliance. Section 90.300(d) prohibits posting of the dust control plan for a Part 90 miner and, instead, requires a copy be provided to the affected Part 90 miner.

Under sections 90.301 and 71.301 the district manager would approve each dust control plan on a mine-by-mine basis. The operator would be required to provide a copy of the dust control plan to the Part 90 miner. The operator would be prohibited from posting a copy of the plan on the mine bulletin board. The operator would be required to review respirable dust control plans and submit proposed revisions to such plans to the district manager for approval.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information provided by the mine operator on the dust data card that accompanies each dust sample, the reporting of when such samples will be collected to allow MSHA to observe the actual collection, and the reporting of any changes in operation status affecting sampling, is vital to administer an effective dust sampling program. This allows MSHA to determine not only whether mine operators have complied with the sampling requirements stipulated in the regulations but also which operators were in noncompliance with the applicable dust standard. After processing, results are reported back to mine operators for posting on the mine bulletin board and viewing by miners. MSHA also uses this information to plan enforcement activities and evaluate programs.

While the information currently being collected identifies the day the sample was taken, the particular shift during which sampling started cannot be identified when either multiple shifts are worked on the same day but only one is sampled, or when consecutive shifts are sampled on the same day. Consequently, miners, whom the dust regulations were designed to protect, are not always able to identify which of the posted dust concentrations were measured on their shift and to determine whether those results are representative of their working environment. Since the purpose of posting the sampling results is to make miners better aware of their dust exposure, knowing when a particular sample was taken is implicit. This fact was recognized by the Secretary of Labor=s Advisory Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers when they recommended that the dust exposure of miners being sampled should be posted on the mine bulletin board. Capturing this information will also enhance MSHA=s analysis and tracking of the dust sample collection process.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

No improved information technology has been identified that would reduce the burden associated with the dust data card. Each sample transmitted by the operator must be accompanied by a properly completed dust data card. All dust data cards submitted must be signed by a person certified to collect samples and must include that person=s certification number. By signing the card, that person certifies that the sample was collected in accordance with the applicable standard. Therefore, this method of transmission does not lend itself to electronic submission. However, mine operators may utilize information technology for the other paperwork requirements associated with this information collection.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

Dust data cards are completed for individual mine operator samples that are collected to fulfill the sampling requirements and to demonstrate that a violation of the applicable standard has been abated. Without these samples, MSHA could not ascertain that respirable dust levels are being maintained at or below the respirable standard when an MSHA inspector is not onsite. While MSHA also collects compliance and abatement samples, their purpose is to (1) monitor the mine operator's respirable dust control programs; (2) determine whether the occupation being sampled by the mine operator has been properly designated for sampling; (3) ascertain the presence of excessive levels of quartz which may warrant the establishment of a reduced dust standard; and (4) establish designated work position sampling entities on the surface and remove them if current criteria is met. Since the purpose of MSHA and operator sampling differs, there is no duplication of effort.

MSHA knows of no other Federal, state, or local agency that collects similar information on respirable dust control plans.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

The provisions of the Federal Mine Safety Mine Act of 1977 (Mine Act) and MSHA regulations and standards apply to all mining operations because accidents, injuries, and illnesses can occur at any mine, regardless of size. Congress intended that the Mine Act be enforced at all mining operations within its jurisdiction regardless of size, and that information collection and record keeping requirements be consistent with efficient and effective enforcement of the Act. (See S. Rep. 181, 95th Cong., 1st Sess. 28 (1977)).

However, Congress did recognize that small operations may face problems in complying with some of the provisions of the Mine Act. Therefore, Section 103(e) of the Mine Act, 30 U.S.C.

' 813(e), directs the Secretary of Labor not to impose an unreasonable burden on any operator, and in particular, small businesses, in obtaining any information under the Act. Accordingly, MSHA takes this into consideration when developing regulatory requirements, and when appropriate and consistent with ensuring the health and safety of miners, different requirements for small and large mines exist.

To provide distinct information collection and recordkeeping requirements for small mines in the regulation at hand, however, would not fulfill the objectives of the Mine Act. Statistics show that there is a higher incidence of accidents and deaths in small mines than there is in larger mines. This precludes making any exception to the reporting requirement for small mining operations in order to reduce the burden imposed. This information collection of information complies with 5 CFR 1320.5

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Section 101(a)(9) of the Federal Mine Safety and Health Act of 1977 provides that no new mandatory health or safety shall reduce the protection afforded miners by an existing mandatory safety or health standard.

The proposed rule would require that certain designated occupations, miners, and work areas be sampled quarterly on each MMU. To sample less frequently would allow the presence of excessive levels of respirable dust to go undetected. Failing to identify where, when, and under what production conditions specific samples were collected would cause the sampling results to be meaningless and of no practical use. Consequently, any excessive levels of respirable coal mine dust that are detected could not be properly addressed, thereby threatening the health of miners.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

! requiring respondents to report information to the agency more often than quarterly;

N/A

! requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

N/A

! requiring respondents to submit more than an original and two copies of any document;

N/A

! requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

As stated above, mine operators are required, under this proposed rule, to verify, through sampling, the effectiveness of the dust control parameters for each MMU prior to receiving MSHA approval of the mine ventilation plan. In addition, the mine operator must sample quarterly each DO, any occupation required to wear a PAPR or using administrative controls, and any other occupation designated by the district manager. The purpose of the quarterly sampling is to evaluate the continued effectiveness of the approved dust control parameters.

Also, since the operational status of a designated sampling entity has a direct impact on the operator=s ability to fully comply with the respirable dust sampling requirements, MSHA requires, under proposed section 70.219 and 90.208, the reporting of status changes in writing within 3 working days after the status change has occurred if sampling will be affected.

Once adopted by the mine operator, a respirable dust control plan must remain in effect for the life of the mine, or until the MSHA district manager determines that the plan is no longer necessary. Valid respirable dust control plans provide the baseline for MSHA to determine whether or not miners are being exposed to respirable dust concentrations that could jeopardize their health. The collection of information is otherwise consistent with the guidelines in 5 CFR 1320.5.

! in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

N/A

! requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

N/A

! that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

N/A

! requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

N/A

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

MSHA will publish the proposed rule, which contains the information collection requirements in the Federal Register, giving interested persons 90 days to submit comments; therefore notifying the public that these information collection requirements are being reviewed by OMB in accordance with the Paperwork Reduction Act. MSHA will also mail copies of the Federal Register notice of proposed rulemaking to all affected mines.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

MSHA has decided not to provide payments or gifts to respondents identified by this collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

A person certified to take respirable dust samples must properly complete the dust data card for each filter cassette. The card must have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card must be signed by the certified person and must include that person's certification number. Samples with data cards not properly completed will be voided by MSHA.

The information collected on the dust data card includes the Social Security Number of the person who either collected the dust sample or signed the card certifying that the sample was collected in accordance with the regulations, and is used to determine whether that individual is a certified person as required by 30 CFR 70.201 and 90.202. If a sample is taken on a miner who already has evidence of pneumoconiosis, the Social Security Number of that miner (P-90 miner) is included on the dust data card and is used to track samples collected on that particular miner. All records pertaining to P-90 miners are kept confidential and stored in locked cabinets and accessed only by authorized Agency personnel.

No other records requiring confidentiality are required. However, in the event a mine operator should include proprietary information within the respirable dust control plan, such data will be kept confidential by MSHA consistent with the guidelines outlined in 5 U.S.C. 552(b)(4).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons form whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

! Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

! If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

! Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

664 Underground Coal Mines + 419 Surface Coal Mines =

1,083 Respondents

Note that these calculations are based on the data from the Preliminary Regulatory Economic analysis (PREA) for the proposed rule. In some cases; however, the totals in the Supporting Statement may appear to deviate form those in the PREA because the burden hours and burden hour costs components have been rounded for purposed of readability.

30 CFR 71.201, 71.209, 71.210(b), 90.203, 91.205, 70.203, 70.204, 70.215, 70.216, and 70.217: MSHA estimates that it requires approximately 50 minutes (0.8333 hours) per sample to prepare the approved sampler unit and 10 minutes (0.1667 hours) to make the required operational checks (monitoring) during the shift. This work, except for the actual monitoring of sampler operation (0.1667 hours per sample), is performed by a certified dust technician earning approximately $19.95 per hour. A mine supervisor, earning $54.92 per hour, normally monitors the operation of the sampler unit during the shift.

FIRST YEAR ONLY BURDEN

The number of samples in the first year of the rule would be 20,419 (14,643 samples from those sampling with own equipment; 5,776 samples from those sampling with rented equipment).

20,419 samples x (0.8333 hrs. + 0.1667 hrs.) = 20,419 hours

20,419 hs. x $25.78^[1] = $526,402

MSHA estimates that a certified person (normally the mine supervisor) takes about 0.025 hours (1.5 minutes) to complete and sign the dust card, and a certified dust technician takes 0.1 hours (6 minutes) to prepare and send one sample along with the dust data card to MSHA.

20,419 samples x 0.125 hrs. = 2,552 hours

2,552 hrs. x $26.94^[2] = $68,751

MSHA estimates that a clerical worker, earning $19.58, takes about 0.1 hours (6 minutes) to copy and post the one page summary of the sample results.

20,419 samples x 0.1 hrs. = 2,042 hours

2,042 hrs. x $19.58 = $39,982

SECOND YEAR AND EVERY YEAR THEREAFTER BURDEN

The number of samples in the first year of the rule would be 21,816 (14,544 samples from those sampling with own equipment; 5,737 samples from those sampling with rented equipment).

20,281 samples x (0.8333 hrs. + 0.1667 hrs.) = 20,281 hours

20,281 hrs. x $25.78 = $522,844